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HomeMy WebLinkAbout05/26/2020 PACKETBEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN -STREET TUESDAY, MAY 26, 2020 1:30 PM CONSENT AGENDA Approval of minutes — May 19, 2020 * Confirmation of board and commission member appointments A) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system B) Authorize the City Manager to execute all documents necessary to apply for grant funding for the continuation of the SETX Auto Theft Task Force C) Approve the purchase of actuators for use at the Water Plant A B�'EAUMQNT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart'Bartkowiak, Chief Technology Officer MEETING DATE: May 26, 2020. REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. BACKGROUND - Council approved Resolution 20-083 at the April 21, 2020 meeting. This resolution approved the payment of Beaumont's portion of the match amount. However, the City of Beaumont as the grant recipient is responsible for paying the entirety of the Motorola maintenance contract in the -amount of $1,033,916.15. The resolution needs to approve the payment of the entirety of the Motorola invoice. Funding from the Department of Homeland Security 2019 Port Security Grant Program (PSGP) will cover 75% of this maintenance in the amount of $775,437.11. The 25%o match will be paid in full by the City of Beaumont, with' each participating entity reimbursing.the City of Beaumont for their share. The City of Beaumont's portion of the match will be $86,478.55. 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. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-083 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.' or s �0 MOrDNOLA 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#: Dntract Start Date : 01 -Sep -2020 :ontract 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 SVC04SVC0169A SYSTEM UPGRADE AGREEMENT II $277,866.27 SVCO2SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $36,281.69 LSV01S01109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $670,658.92 Subtotal - Recurring Services $86,159.68 $1,033;916.15 Subtotal - One -Time Event Services $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 69jXd/a1g66i0 Z1I00lei ki&I 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 MOTICHOLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 A -` /C? A MOTOROLA REPRESENTATIVE(SIGNATURE) Rick Russek MOTOROLA REP RESENTATIVE(PRINT NAME) Company Name: BEAUMONT, CITY OF Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 Contract Start Date: 01 -Sep -2020 Contract End Date: 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 0 MOTOROLA 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 worldwide web, or for Equipment malfunction caused by the transmission medium. aMOTOROLA SOLUTIONS, 5.00 W Monroe Street Chicago, IL. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE -1225417 Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 Section 6. TIME AND PLACE OF SERVICE 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. A( 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% (80/o-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. DEFAULTITERMINATION 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. M0700JVOLA 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 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. Section 15. COVENANT NOT TO EMPLOY 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. 0 MOTOROLA S OLU TIONS 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. WHEREAS, on April 21, 2020 the City Council of the City of Beaumont Texas passed Resolution No. 20-083 approving 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; and, WHEREAS, the City of Beaumont, as the grant recipient is responsible for paying the entirety of the Motorola maintenance contract in the amount of $1,033,916.15 with reimbursement to be made by the participating entities of their portions of the match; WHEREAS, because the resolution reflected that the City was responsible for the entire amount Resolution No. 20-083 should be repealed; and, WHEREAS, a new resolution is necessary to approve the payment to Motorola in the amount of $1,033,916.15 with reimbursement by each entity for its share; 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 Resolution No. 20-083 be and it is hereby repealed; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $1,033,916.15 to Motorola for the annual maintenance agreement for support of the shared 800 MHz radio system with each participating entity being responsible for its share. 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 26th day of May, 2020. - Mayor Becky Ames - 009 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: May 26, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to apply for grant funding for the continuation of the SETX Auto Theft Task Force. • �1y7�111►11, The Southeast Texas Auto Theft Task Force is a multi jurisdictional agency comprised of six personnel from the Beaumont Police Department, and one each from the Jefferson County Sheriffs Office, Pt. Arthur Police Department and Hardin County Sheriff's Office. Since the inception of the Task Force in 1993, motor vehicle thefts have decreased in Beaumont by more than 80%. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness, which uses media campaigns, training and public presentations to promote prevention techniques and awareness. Title 43, Part III, Chapter 57 of the Texas Administrative Code, allows local government agencies to apply for funding through a grant or an extension of a grant from the Texas Automobile Burglary and Theft Prevention Authority. The City of Beaumont has been the grantee for the Southeast Texas Auto Theft Task Force since 1993. The total budget being requested is $890,340, with state funds in the amount of $528,714. The Beaumont Police Department will provide $226,250 as a cash match in the form of personnel salaries, benefits, fuel, and vehicle maintenance, while other agencies will provide an additional $135,376 for a total cash match of $361,626. An "in- kind" match of $262,205 will also be provided in the form of salaries and vehicle related expenses. The upcoming grant cycle will begin on September 1, 2020 and will end on August 31, 2021. FUNDING SOURCE The City's required match of $262,205 is included in the Police Department's Operating Budget in the General Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Grant Application for Fiscal Year 2021 Program 'I"ide Please enter a short description of the proposed program that can be used as the title_ Southeast Texas Auto Theft Task Farce Which type of grant are you applying for? Continued Grant - Only available to agencies that have a 2020 grant. These are annual competitive grants for the program described in the application. The program must by submitted for substantially the same program as the previous year_ The requested funds, match funds, and in -Kind match must be within b% of the previous year but in any event may not go below the 20% minimum cash match requirement. The number of staff positions must be within 5% of the total positions. Awarded activities are funded on a reimbursement basis: To be eligible for consideration for funding, a program must be designed to support one or more of the following MVCPA program categories. Law Enforcement, Detection and Apprehension i Reduction of the Sale of Stolen Vehicles or Parts • Education Programs and Marketing Grant Participation and Coverage Area • Other Coverage (Describe): Jefferson, Hardin, Orange, and Jasper counties and all municipallfres therein. • Law Enforcement Grant Participating and ,coverage agencies below. Participating Agencies: agencies that will materially participate in the grant application through the use of interlocal agreements. The agencies selected in this list only includes agencies that will receive or provide funding and/or resources. The interlocal agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended. Coverage Agencies: agencies that will be covered by the grant but not materially participating in the grant application. These ,agencies will not be covered by a grant interlocal agreement but as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant. The agencies selected in This list only includes agencies that will be covered or where the chief of police or county sheriff indicates that their agency will coordinate or call upon the taskforce. These will not directly receive or provide funding and/or resources_ Letters of support with the application from the participating agencies are strongly recommended_ Participating Agencies Coverage Agencies TX1000000 HARDIN CO SO TX1000100 KOUNTZE PD TX1230000 JEFFERSON CO SO TX1000200 SILSBEE PD TX1230100 BEAUMONT PD (MIP) TX1000300 SOUR LAKE PD TX1230700 PORTARTHUR PD (AE) TX1000900 LUMBERTON PD (IBR) TX1210000 JASPER CO SO TX1210100 JASPER PD TX1210200 KIRBYVILLE P© TX1230300 GROVES PD TX1230500 NEDERLAND PD TX1230800 PORT NECHES PD TX1231000 LAMAR UNIVERSITY PD TX1810000 ORANGE CO SO TX1810300 PINEHURST PD TX1810400 VI DOR PD TX1810500 WEST ORANGE PD TX1810800 ROSE CIT`( PD ?esolution_ Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grants1WVCPA a@lxdmvgov. Grant Budget Summary Cash MVCPA Match Total In -Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $249,535 5249,535 $250,705 Fringe SO $186,850 $186,850 $0 Overtime SO $5,000 $5,000 Professional and Contract Services $189,029 $135,376 $324,405 Travel $9,576 $0 $9,576 $0 Equipment Supplies and Direct Operating Expenses (DOE) $80,574 534,400 $114,974 $11,500 Total $528,714 $361,626 $890,340 $262,205 68.40% Description Subcategory Pct Time MVCPA Funds Cash Match Total In -Kind Match Personnel 'rogram Director 1 Commander Investigator/LEO 100.00% $997729 $99,729 'rogram Manager 1 Supervisor InvestigatorILEO 100.00% $0 $02,535 ivestigator 1 InvestigatorlLEO 100.00% $76;783 $76,783 westigator 2 Investigator/LEO 100.00% $73,023 $73,023 westigator 3 Investigator/LEO 100.00% $0 $79,082 westigator 4 InvestigatorlLEO 100.00% $0 $79,088 Total Personnel $249,535 S249;535 $250,705 Fringe grogram Director I Commander Investigator/LEO $0 $34,544 $34,544 'rogram Manager l Supervisor Investigator/LEO SO $33,047 $33,047 ivestigator 1 Investigator/LEO $0 $29,771 $29,771 $0 ivestigator 2 Investigator/LE0 $0 $28,989 $28,989 $0 ivestigator 3 Investigator/LEO $0 $30;249 $30,249 ivestigator 4 Investigator/LEO $0 $30250 $30;250 Total Fringe $0 $186,850 $186,850 $0 Overtime Investigator 4 Investigator/LEO $3,875 $0 $17000 31,000 Program Manager/Supervisor Investigator/LEO $3;765 $0 $1,000 $1,000 Investigator 1 Investigator/LEO 51,000 $0 $1;000 $1,000 Investigator 2 investigator/LEO $3;544 $0 $1,000 $1,000 Investigator 3 InvestigatorlLEO $3,200 $0 $1,000 $1,000 Total Overtime $0 $5:000 351000 Professional and Contract Services Jefferson County SO Investigator InvestigatorILEO - personnel 100.00% $68,662 $17;166 $85,828 Hardin County SO Investigator InvestigatorlLEO - personnel 100.00% $57,089 $57,089 Port Arthur PD Investigator Investigator/LEO - personnel 100.00% $63,278 $15,820 $79,098 Hardin County SO (Fringe) Investigator/LEO - fringe 100.00% $0 $24,500 $24,500 Jefferson County SO (Fringe) Investigator/LEO - fringe 100.00% $0 $38,128 $38,128 Port Arthur PD (Fringe) Investigator/LEO - fringe 100.00% $0 $39,762 $39,752 Total Professional and Contract $159,029 $135,376 $324,405 Services Annual TAVTi Conference ABTPAWorkshop/ Board Meetings Auto -Crime Related Training Unplanned Investigative or Administrative Travel Office Lease TAVTI Conference Registration Fees Office; Field, & Operational Supplies Office Maintenance / Cleaning Auto Insurance for HCSO Vehicle Office Util>ties Office Phone & Data Service Travel Law enforcement In -State Law enforcement In -State Law enforcement In -State Law enforcement In -State Total Travel Equipment Total Equipment Supplies and Direct Operating Expenses (DOE) $3,875 $0 $3,875 $0 $936 $0 $936 SO $3;765 $0 53,765 $0 51;000 $0 51,000 SO $9;576 $0 $9,576 $0 $52,650 $0 $52,650 $0 $600 $0 $600 $0 $11,100 $0 $11,100 $0 $10 $0 $10 $0 $700 $0 $700 a0 $3;544 $0 $3,544 $0 $3;200 $0 $3,200 $0 Public Awareness Advertising Bait and Tracking Air Time Cell Phone Service Postage Vehicle Lease 1 Vehicle Lease 2 Fuel, Oil, & Maintenance Total Supplies and Direct Operating Expenses (DOE) Budget Narrative Personnel: Commander. $10 $0 $10 $0 $10 $0 $10 $0 $1,000 $0 $1,500 $0 $50 $t) $50 a0 $0 $0 $0 $7,200 $7,200 $0 $7,200 $0 $34,400 $34,400 $4,300 $00;574 $34,400 $114,074 $11,500 The Task f=orce Commander will serve as the Program Director and macro -manage all task force personnel and associated law enforcement operations, oversee fiscal matters relating to the grant complete payroll; direct priorities, establish expectations, enforce accountability, and initiate corrective actions; work closely with ABTPA, Beaumont Chief of Police, Beaumont CFO Office and its grant coordinator, and the Program Manager in efforts to maintain grant compliance and the continuance of mutually beneficial outcomes; liaison with officials of participating and coverage agencies; attend appropriate meetings, seminars, training, and webinars; administer or supervise any official task force webpage or social media presence; ensure that required ABTPA reports are submitted by the Program Manager, monitor progress and document accordingly; and, delegate to personnel as needed, The Commander will hold the rank of Lieutenant in the Beaumont Police Department and will spend 100% of work hours on task force and grant -related activities or functions. The position will be completely funded with ABTPA Funds. Clothing allowance, clothing maintenance, and all fringe benefits will be cash -matched- Only actual figures will be submitted. Supervisor: The Task Force Supervisor will serve as Program Manager, supervise task force investigators, and monitor law enforcement activities on a first-line basis; schedule personnel, set goals, manage after -hour callouts, analyze available intelligence on trends or areas of increased criminal activity, and disseminate information to investigators and the Commander (Program Director) to facilitate the most effective and efficient approach to task force endeavors, review offense reports and make appropriate case assignments; assess risk, complete paperwork, and organize special projects, including both overt and covert operations and proactive enforcement; compile data and draft activity summaries for necessary periodic or recurring reports; complete and submit ABPTA quarterly reports; assist with activities associated with those of an investigator when required; delegate to personnel as needed; and: perform additional duties andlor complete other assignments as directed by the Program Director_ The Supervisor will hold the rank of Sergeant at the Beaumont Police Department with 100% of work hours being dedicated to task force duties or functions_ The salary will be shown as an in-kind match based on actual figures. Beaumont Police Investigators (1-4): The BPD Investigators will conduct investigations of auto -related cases as assigned, prepare and present completed cases to the District Attorney; identify and develop suspects; recover stolen vehicles and auto -related property; assist with other cases outside Beaumont but within Task Force jurisdiction; make recommendations to the Supervisor on special projects based on identifiable trends; foRvard information on suspects and trends; assist with special projects and operations; assist with 68A inspections and inspections. of salvage yards and repair shops when necessary; and, complete other duties or assignments as directed_ Pursuant to Task Force goals and ABTPA expectations, as individually assigned, investigators will also develop and present, crime prevention and awareness programs; conduct media interviews; disseminate public information on task force ____—_1:�tL­_1_ -- -_i. ____ -_!^_^__ 1_ —_J:_. ___:2 __-"--1 nr11 r1 accomplishments or cases; issue official press releases to media; email suspect BOLO reports inter -departmentally; attend elevant neighborhood association or community -led meetings; liaison with participating agencies, obtain and maintain crime Statistics for coverage areas; as appropriate, mail or email case update notices to crime victims; assist other task force )ersonnel with assigned duties including investigations, inspections, and back up; :maintain all surveillance equipment and assist with its use during investigations or covert operations; cooperate with probation and parole offices to stay informed of the statuses of known auto crime recidivists; coordinate and conduct inspections of salvage dealers and repair shops within the ;cope of the task force jurisdiction; monitor local auctions where insurance -totaled vehicles are sold; in conjunction with the Supervisor, organize covert sting Operations as needed to identify illegal activities by salvage dealers or repair shops; :oordinate and conduct VTR -68A inspections; complete seizure paperwork, organize seized property inventory, prepare seized )roperty for auction, and work closely with personnel who are associated with the process; and, complete other assignments is directed by the Supervisor or Commander. ,lothing allowance, clothing maintenance, and all fringe benefits will be cash -matched. All BPD investigators will devote 100% )f work hours toward auto -crime and grant -related activities. Two (2) BPD salaries will be in-kind match and two (2) will be ended by ABTPA. Only actual figures will be submitted. =rInge_ Fringe benefits include FICA, retirement withholding, and health insurance. City of Beaumont withholds FICA- Med at ate of 1.45% (except a Sgt who was hired before April 1, 1986). TMRS Retirement withholdings including agency :ontributions: City of Beaumont (19.36% Rate). Total Fringe is 20.80%. Health Insurance is $13,800 per t6mployee. Only actual igures will be submitted. Dote_ the totals for fringe benefits as cash match are for six (6) Task Force members whereas ABTPA only funds the salaries if three (3) Task Force members; therefore, at first glance, the fringe totals may appear disproportionately high. )veffime: Criminal behavior is unpredictable; consequently, 5o are overtime expenses. In the majority of circumstances, task orce personnel will flex hours to accommodate events or unexpected incidents that require an extended period of work reyond what is scheduled_ However, upon occasion and within reason, overtime will be unavoidable due to the complexity of in incident, the hour it originated, the inability to flex due to personnel having already met the 40 -hour limitation per week, or stipulations of a Collective Bargaining Labor Contract. Overtime is unpredictable, so rounded estimates are provided and, vhen necessary, it will be considered as part of cash match. Only actual figures will be submitted, ?rofessional and Contract Services: The Investigators (PAPD, HCSO, JCSO) will lead investigations of auto -related cases is assigned by each investigator's respective agency; prepare and present completed cases to the District Attorney; identify rnd develop suspects; recover stolen vehicles and auto -related property, make recommendations to the Supervisor on special )rojects based on identifiable trends; forward information on suspects and trends to the Supervisor assist with special projects and operations; assist with 68A inspections and inspections of salvage _yards and repair shops when necessary; and, complete Mer duties or assignments as directed_ All contracted Task Force Officers will assist on auto -related cases and operations within coverage jurisdiction. tCSO investigator will be the primary VTR -68A inspector for the Task Force and the salary will be fully funded by ABTPA. 'CSO and LAPD salaries will be primarily funded by ABTPA, moth including an estimated 20% cash -match contribution. That 5, both JCSO and PAPD salaries are expected to be reimbursed 80%. Only actual figures will be submitted. ringe benefits include FICA, retirement withholding, and health insurance for all contn-buting agencies. Workers I ompensation and TEC figures for Jefferson County; Hardin County, and the City of Port Arthur. Workers Comp and TEC are igured together for Jefferson County at 5% whereas The City of Port Arthur is at 5% (WC) and 3.480/a (TEC) respectively_ lardin County figures WC at 1.47% and TEC at 0.08'%_ FiCA is withheld at a rate of 7.65%. Retirement withholdings including ioencv contributions are taken at the followina rates: Jefferson County (14.9%). Citv of Port Arthur (13.1 %). and Hardin Countv /ILJ.UILiU v-st3 sUn'l IVI VlrII4lJVlI VVUI SLS UL'Y IV TT 111LI4UJ 1911- VILy VI I VILJ ULISUI W ULJ/V kVV Vl U13U J.:LJJLI XI LVj I L'_2PLLLLl 4Lly. Hardin County figures WC at 1.47% and TEC at 0.08°x. FICA is withheld at a rate of 7.65%_ Retirement withholdings including agency contributions are taken at the following rates: Jefferson County (14.9%), City of Port Arthur (13.1%), and Hardin County (13.62%). Health insurance costs also vary between agencies. Participating agencies are expected to submit only actual figures. Travel: Annual TANTI Conference / Board Meeting ($3875): Estimated price per night is $165 per room. Three rooms for five nights is $2475 (3 x $165 x15 = $2475). Based on current GSA for Waco, per diem cost is estimated at $56 per day per person (56 x 5 x 5 attendees = $1400)_ Conference attendees Nould include investigators; program manager, and program director who are all law enforcement and funded or partially funded by the grant, cash -matched, or in -kind -matched -Only program manager and program director would attend any board 'neeting_ 413 T PA Workshop I Board Meetings (3936): stimated price per night is $190 per room. Budgeting for a potential of three separate occasions. One room for three nigh#s (3 c 190 = $570). Based on current GSA for Austin, per diem cost is estimated at $61 per day per person (61 x 3 x 2 attendees X36% Attendees would include program manager and program director who are both law enforcement personnel whose salaries are funded or partially funded by grant, cash -match, or in-kind match. Nuto TheftTraining ($3765): 3otential training for new investigators) or other relevant training for Task Force members_ Estimated price per night is $190 )or room_ One room for five nights (190 x 5 = $950) and budgeting for potentially three training opportunities (3 x $950 = )2850)_ Per diem Estimate at $fit per person (61 x 5 x 3 attendees = $915)_ Attendees would include any investigator )otentially in need of training that is either funded directly, cash -matched, or in-kind match of the grant. Only actual figures will )e submitted if this line item is utilized. Jnplanned investigative or Administrative Travel ($1000). )uring the course of any given year, unplanned meetings are scheduled or investigations lead out-of-town and become an infunded expense. If needed, only law enforcement personnel listed on the ABTPA grant will utilize these funds for proper ►urposes_ The availability of these designated funds will prevent budget adjustments for unexpected travel_ However. only ictual costs, if any, will be filed for reimbursement- >upplies and D rec# Operating Sxpenses (DO152): Office Lease (552,650) .ease includes two adjacent sections of the same building owned by the same lessor. One section is for office space for ivestigators and garage spate that includes a vehicle lift for assisting with inspections and investigations. The second section 5 warehouse space for storage of seized property pending court dispositions, recovered stolen property, task force vehicles, ind other task force property (tools, equipment etc). Cost is based on current payments of $4,387.50 per month. )ffice, Field, & Operational Supplies ($11,100): "hese funds are used to purchase standard office supplies such as printing paper, photo paper, storage media, toner, ink :artridges, presentation t binding services, pens, letterhead, business cards, etc. It also covers field and operational supplies is needs arise such as hand cleaner paper towels, degreaser, paint, paint stripper; official weight slips, small electronics, omputer accessories, vehicle acc�e$sories, surveillance tools, mechanical tools, vehicle sanding material, acid restoratio laterials, vehicle cleaning and care, disposable gloves, logo attire, etc_ This line item is intended as a readily accessible fund 3r unexpected expenses to better assist task force without budget adjustments. These are estimates, not allocations. Only actual costs will be submitted for reimbursement. Office Maintenance ($10): Cost of cleaning and maintaining the office is based a city-wide contractual arrangement by the City of Beaumont. This is an estimate. "Due to budget shortfalls, this line item has been absorbed into the CID budget. Auto Insurance for HCSO Vehicle ($700): Hardin County is not self insured. Estimate of premium. Only actual cost will be submitted. Office Utilities ($3500).- This $3b00):This is an estimate, not an allocation. Only actual expenses will be submitted for reimbursement. Office Phone & Data Service ($3000): This expense includes the estimated cost for the multiple business lines (office phones and internet service) and a designated secure data line for communication with city and county computers. These are estimates not allocations. Only actual expenses will be submitted for reimbursement_ "'*Due to budget shortfalls, this line item has been reduced and may total less than actual expenses. Only actual expenses up to agreed amount will be submitted. Public Awareness Advertising ($10.00): Due to the priority of increasing personnel costs, the original funds for this sub -category had to be removed. The line item remains as a placeholder in the event any surplus would permit the expense to be revisited. Bait and Tracking Air Time ($t 0): ,'Due to budget shortfalls, this variable line item was made a placeholder for which the City may not be reimbursed unless a surplus develops elsewhere during FY20. It appears this line item has been absorbed by another city budget in the past_ The Task Force bait vehicle system will require monthly GPRS communication. The Task Force also intends to operate a web - based camera system and tracker that each require air time. These are estimates, not allocations. Only actual costs will be submitted for reimbursement. Cell Phone Service ($1500): **% 17uie to budget shortfalls, this line item has been reduced and may total less than actual expenses. A portion of actual expenses may be absorbed into other City budgets. Only actual expenses up to agreed amount will be submitted. Service cost based on reasonable monthly average allowance of $50 per month. There are eight task force members, which would total $4800 annually ($400 per month). Postage ($50): Estimated cost of postal fees or delivery services. Vehicle Lease ($14,400): The vehicle lease is calculated at $600 per month based on a local dealer estimate for a statewide leasing program to law enforcement agencies. It is also the ABTPA cap. The Beaumont Police Department currently provides two vehicles for investigators. Due to one being previously budgeted by BPD, its expense is listed as an in-kind match. The second one was recently acquired to replace an ABTPA-purchased vehicle, so it will be submitted for reimbursement_ Fuel; Oil; & Maintenance ($42,750): Fuel costs are estimated based on 13,000 miles per year, 14 miles per gallon @ $2.25 per gallon, totaling approximately $2900 per vehicle per year. Oil changes and other maintenance costs are estimated at $2200 per vehicle per year to include expendables such as tires, brakes, shocks, or other necessary repairs. Combining estimates result in an average cost of $4300 per year multiplied by nine (9) vehicles totaling $38;700. The $4300 shown for the one vehicle previously budgeted by BPD is listed as an in-kind match whereas the remaining $34,400 is listed as a cash match: These estimates are not allocated. Only actual costs will be submitted for reimbursement. Revenue ndicate Source of Cash and In -Kind Matches for the proposed program. In -Kind Match Source of In -Kind Match City of Beaumont Grantee $2612,205.00 Total In -Kind Match $262,205.00 Statistics to Support Grant Problem Statement Use UCR data 2016 2017 2098 Larceny from a motor vehicle 2907 2333 1879 Larceny from a motor vehicle - Parts 290. 458 184 Jurisdictions included in totals Stafisfics a combination of Task Force and Jurisdiction Theft of a motor vehicle 916 964 915 Recoveries of Motor Vehicles 521 729 717 Jurisdictions included in totals Statistics a combination of Task Force and Jurisdiction Provide any additional information or limitations about the data provide above Cash Match Source of Cash hatch City of Beaumont Grantee $226,250 Hardin County Subgrantee $24,500 City of Port Arthur Subgrantee $55,582 Jefferson County Subgrantee $55,294 'dotal Cash Match $351,626 In -Kind Match Source of In -Kind Match City of Beaumont Grantee $2612,205.00 Total In -Kind Match $262,205.00 Statistics to Support Grant Problem Statement Use UCR data 2016 2017 2098 Larceny from a motor vehicle 2907 2333 1879 Larceny from a motor vehicle - Parts 290. 458 184 Jurisdictions included in totals Stafisfics a combination of Task Force and Jurisdiction Theft of a motor vehicle 916 964 915 Recoveries of Motor Vehicles 521 729 717 Jurisdictions included in totals Statistics a combination of Task Force and Jurisdiction Provide any additional information or limitations about the data provide above RESOLUTION NO. WHEREAS, under the provisions of the Texas Revised Civil Statutes Article 4413(37) and the Texas Administrative Code Title 43, Part 3, Chapter 57, entities are eligible to receive grants from the Automobile Burglary and Theft Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and, WHEREAS, this grant program will assist this jurisdiction to combat automobile burglary and theft; and, WHEREAS, the City of Beaumont has agreed that in the event of loss or misuse of the grant funds, the City of Beaumont assures that the grant funds will be returned in full to the Automobile Burglary and Theft Prevention Authority; 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, Kyle Hayes, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Automobile Burglary and Theft Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED that the Southeast Texas Auto Theft Task Force Commander, Lt. Bryan Skinner, is designated as the Program Director and the City of Beaumont CFO, Todd Simoneaux, is designated as the Financial Officer for this grant. 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 26th day of May, 2020. - Mayor Becky Ames - C BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd-Simoneaux, Chief Financial .Officer MEETING DATE: May 26, 2020 REQUESTED ACTION: Council consider a resolution.approving the purchase of actuators for use at the Water Plant. BACKGROUND There are currently 10 Beck brand actuators in service at the Water Production Plant on Pine Street that have surpassed their service life and need replacement. They are part of the filtration system. Harold Beck and Sons, Inc is the sole manufacturer and distributor of the actuators and this will provide for a direct replacement of all 10 actuators without any modification to the current system. The total cost for the purchase is $93,105 not including shipping. There is a 12 to 14 week delivery time. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of ten (10) sixteen inch (16") Beck actuators for use by the Water Utilities Department from Harold Beck and Sons, Inc., of Newtown, Pennsylvania, a sole source provider, in the estimated amount of $93,105.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of May, 2020. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 26, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.: * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending Ordinance No. 20-018 to amend the public health emergency disaster orders for the City of Beaumont 2. Consider an ordinance amending the FY 2020 Budget 3. Consider a resolution authorizing the City Manager to receive funds from the. Coronavirus Relief Fund through the U.S. Department of Treasury 4. Consider a resolution approving a contract with McCreary, Veselka, Bragg. and Allen (MVBA) for collection services COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick,at 880-3777. 1 May 26, 2020 Consider an ordinance amending Ordinance No. 20-018 to amend the public health emergency disaster orders for the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 26, 2020 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 20-018 to amend the public health emergency disaster orders for the City of Beaumont. BACKGROUND Governor Greg Abbott on May 18, 2020 issued Executive Order No. GA -23 enacting Phase II expanding the opening of Texas. The Governor feels that certain metrics have been achieved so as to continue the strategic reopening of certain aspects of the State while at the same time minimizing the spread of COVID-19. This announcement raises the questions of when and under what circumstances should the City open certain facilities. The City Manager is interested in a planned reopening of City Hall and the Tyrrell Historical Library. FUNDING SOURCE, Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-018 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; OPENING CERTAIN CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. WHEREAS, on the 16th day of March 2020, the Mayor issued a Proclamation, as was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COVID-19 in the City of Beaumont; and, WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010 extending the Declaration of Local Disaster due to public health emergency until such time as the.Declaration is terminated by Ordinance of the City Council; and, WHEREAS, Governor Abbott recently issued Executive Orders relating to the expanded reopening of services as part of a safe, strategic plan to Open Texas in response to the COVID-19 pandemic; and, WHEREAS, the Executive Orders suspend the applicable provisions of the Texas Government Code Chapter 418 and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders, provided that local officials may enforce the Executive Orders as well as local restrictions that are consistent with the Executive Orders; and, WHEREAS, the City Council, on May 5, 2020, passed Ordinance No. 20-018 amending Ordinance No. 20-010 to amend the Public Health Emergency Disaster Orders for the City of Beaumont deferring to the Executive Orders of the Governor and opening certain City facilities; and, WHEREAS, it is in the best interest of the citizens of Beaumont to further amend the City of Beaumont Declaration of Local Disaster Orders to address the opening of additional facilities in the City of Beaumont while minimizing the spread of COVID-19; NOW, THEREFORE, BE 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 adopted; and, Sarrtinn 1 THAT Ordinance No. 20-018 amending Ordinance No. 20-010 extending the declared State of Local Disaster be amended to further amend the adopted Declaration Orders as follows: That the March 23, 2020 amendment to the Declaration, attached hereto as Exhibit "A," as amended, is hereby further amended to allow for the opening of City Hall and the Tyrrell Historical Library. Section 2. The City of Beaumont suspends the charging and collection of all fares for service for the Beaumont Municipal Transit System. Beaumont Municipal Transit shall enforce the social distancing requirements. Travel shall be limited to the essential travel as outlined herein. Section 3. Temporary Outdoor Restaurant Operations Permit: The City of Beaumont will allow the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or other covering upon application and the issuance of a permit. Section 4. That the proclaimed State of Public Health Disaster for the City of Beaumont shall continue in effect until terminated by the City Council. Section 5. That if any section, subsection, sentence, clause or 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. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 7. This ordinance is passed .as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately upon its approval. 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 26th day of May, 2020. - Mayor Becky Ames - CITY OF BEAUMONT SECOND AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COVID-19 in the City of Beaumont; and, WHEREAS, due to -the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission .of the disease, it is necessary to amend the Declaration of Local Disaster; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CiTY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster as amended March 19, 2020 be amended and supplemented as follows: Section 1. City Facilities. In keeping with the directives of the CDC, the following City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling i'ruitt Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and Visitors Bureau facility. The City Council will consider these closures at the Council meeting held Monday, March.23, 2020 in the City Council Chambers at 1:30 p.m. The following facilities will remain open to the public for normal operations: Henry Homberg Golf Course, Municipal Transit, City parks, Elmo Willard Library, Theodore Johns Library, and the Miller Library. No special events will be scheduled at these facilities. Section 2. That the operation of the competitive bidding requirements of the City of Beaumont are hereby suspended and removed for a period of ninety (90) days from and after March 23, 2020, unless the State of Disaster is earlier terminated, provided however, that insofar as practical bids, quotations, or estimates -of material, labor and other costs for purchases, goods, works, and the like described shall be diligently solicited and procured before entering into contracts therefore and such contract, if awarded, shall be made to the lowest, best or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid, quotation, or estimate shall be within the sole discretion of the City Manager or his designee and his decision shall be final. signing. Section 3. This amendment and supplement shall take effect immediately upon EXHIBIT "A" I ORDERED thisda —f-4ay of March, 2020 AT EST: City Clerk IN%wr/t'Rmjm' -'_ . 2 May 26, 2020 Consider an ordinance amending the FY 2020 Budget I A :f -A 1 h, A * Z TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial -Officer MEETING DATE: May 26, 2020 REQUESTED ACTION: Council consider an ordinance amending the FY 2020 Budget X" oI In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. The Henry Homberg Golf Course Fund was established to account for the revenues and expenditures associated with operating the City's 18 -hole municipal golf course and club house. Over the past years, transfers from the General Fund have been necessary in order to operate the course and strengthen the fund balance of the Henry Homberg Golf Course Fund. As discussed in a workshop with City Council on September 10, 2019, due to the transfers and because of GASB 54 (Governmental Accounting Standards Board Statement No 54) it was recommended to close the Henry Homberg Golf Course Fund and account for the revenues and expenditures of such fund under the Parks and Recreation department in the General Fund. To do so, a budget amendment is needed to transfer the revenue and expenditure appropriations in the Henry Homberg Golf Course Fund to the General Fund. Also, remaining fund balance of $346,325 will be transferred to the General Fund. Henry Homberg Golf Course Fund Original Budget Proposed Amendment Amended Budget Total Revenues $485,500 $<485,500> $0 Total Expenditures $795,500 $<449,175>7 $346,325 2. The General Fund has a proposed amendment to appropriate additional revenues of $485,500 and additional expenditures of $795,500 that are transferred from the Henry Homberg Golf Course budget as mentioned in item 1. In addition, a transfer of $346,325 is needed to move the remaining fund balance in the Henry Homberg Golf Course fund to close it out. General Fund Original Budget Proposed Amendment Amended Budget, Total Revenues $129,284,700 $485,500 + $346,325 $130,116,525 Total Expenditures $131,825,900 $795,500 $132,621,400 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2020 TO APPROPRIATE ADDITIONAL REVENUES IN THE HENRY HOMBERG GOLF COURSE AND GENERAL FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE HENRY HOMBERG GOLF COURSE AND GENERAL FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2020 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional revenues and expenditures in the Henry Homberg Golf Course Fund as shown below: Henry Homberg Golf Course Fund Original Budget Proposed Amendment Amended Budget Total Revenues $485,500 $<485,500> $0 Total Expenditures $795,500 $<449,175> $346,325 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional revenues and expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Revenues $129,284,700 $831,825 $130,116,525 Total Expenditures $131,825,900 $795,500 $132,621,400 Section 3. That if any section, subsection, sentence, clause or 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. 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 26th day of May, 2020. - Mayor'Becky Ames - 3 May 26, 2020 Consider a resolution authorizing the City Manager to receive funds from the Coronavirus Relief Fund through the U.S. Department of Treasury BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 26, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive up to $6,587,900 from the Coronavirus Relief Fund through the U.S. Department of Treasury. BACKGROUND The Coronavirus Relief Fund was established within the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). $1.85 billion from the total allocation to the State of Texas is being provided to local cities and counties on a $55 per capita basis. The fund will cover expenditures incurred between March 1 and December 30, 2020 due to the public health emergency specific to Covid-19. These funds will reimburse payroll expenses for employees working during the pandemic. Funds will also reimburse the City for equipment and actions necessary to facilitate public health measures dealing with Covid-19. Twenty percent (20%) of the funding ($1,317,580) can be received immediately upon signing the grant agreement. The remaining portion will be reimbursed as documentation of allowable expenses is provided. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding for the City of Beaumont from the Coronavirus Relief Fund through the United States Department of Treasury in an amount not to exceed $6,587,900 for expenditures incurred between March 1, 2020 and December 30, 2020 due to the public health emergency specific to COVID-19. 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 26th day of May, 2020. - Mayor Becky Ames - 0 May 26, 2020 Consider a resolution approving a contract with McCreary, Veselka, Bragg and Allen (MVBA) for collection services BEAUM0NT TO: City Council FROM: . Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 26, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with McCreary, Veselka, Bragg and Allen.(MVBA) for collection services. BACKGROUND Among other court -related functions, the Municipal Court Division of the Finance Department processes payments of fines, overdue notices of outstanding fines, establishes payment plans, and processes warrants issued for non-payment of outstanding fines. An overdue account goes into warrant status at 30 days past due and is turned over to a collection agency at 60 days past due.. A statutory collection fee of 30% is attached to the amount past due and is paid by the defendant upon payment of the past due fine. Requests for Proposal were sent to seventeen (17) vendors. The City received seven responses. The responses were evaluated by City staff and the best score was received by MVBA. MVBA will charge the statutory amount of 30%. The contract is for one year with two one- year options, to renew. The City currently has a contract with MVBA to provide these services. FUNDING SOURCE The statutory collection fee is paid by the defendant. RECOMMENDATION Approval of the resolution. BEAUMONT TEXAS RFP Name: Collection Agency Services RFP Number: PF1020-03 RFP Opening Date: November 21, 2019 DESCRIPTION: Collection Services for Municipal Court Vendor Vendor .Vendor Vendor Vendor Vendor Vendor McCreary, Veselka Bragg & Allen Round Rock, TX 40 Gila dba Municipal Services Bureau Austin, Tx 34.5 Perdue, Brandon Fielder, Collins & Mott Houston, Tx. 30 Linebarger, Goggan, Blair & Sampson Beaumont, TX 35 I. C. System, Inc. St. Paul, MN. 22.5 Life Line Billing Services dba Lifequest Services Wautoma, TI. 22.5 Applied Business Services/Security Collection Agency Edendon, NC. Criteria Description P Scope of Services Maximum Points 40 20 Demonstrated Experience 30 30 22 20.5 24 5 7.5 0 Cost of Services/Cost Effectiveness 30 29.S 27.5 29 24 27 25 25 TOTAL POINTS: 100 99.5 84 81.5 83 54.5 55 45 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 collection services of delinquent Municipal Court fines and fees; and, WHEREAS, the proposal of McCreary, Veselka, Bragg and Allen, P.C., of Round Rock, Texas, scored highest after evaluation by City staff for delinquent fine and fee collections for Municipal Court, as shown in Exhibit "A" attached hereto; and, WHEREAS, City Council is of the opinion that the proposal submitted by McCreary, Veselka, Bragg and Allen, P.C., of Round Rock, Texas, for delinquent fine and fee collections for Municipal Court should be accepted; 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 proposal submitted by McCreary, Veselka, Bragg and Allen, P.C., of Round Rock, Texas, for a one (1) year contract, with an option to renew for two (2) additional one (1) year periods, for collection services of delinquent Municipal Court fines and fees, as shown on Exhibit "A" attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with McCreary, Veselka, Bragg and Allen, P.C., of Round Rock, Texas, for the purposes described herein, 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 26th day of May, 2020. - Mayor Becky Ames - .-PROPOSER INFORMATION SHEET R". FOR COLLECTION AGENCY SERVICES RFP NO. .PF1020-03 PROPOSER INFORAM TION: Company Name McCreary Veselka Bragg & Allen P.C. (MVBA Law) Proposer's Name In Printed Form StevAn W. Whigharn ...... ....................... .. .. . PROPOSEWS -1 4.. A IF A SIGNATURE t. REQUIRED fo#RFP::; to. Proposer's Title Director of Collections 700 Jeffrey Way Suite 100 Street Company Physical Address Round Rock Texas 78665 City State Zip Code PO Box 1269 Street or P.O. Box Company Mailing Address Round Rock Texas 78680 City state Zip Code Company Telephone Number 512-323-3200 Alternate Phone Number 800-369-9000 Company Fax Number 512-323-3210 E-mail Address swhigham@mvbalaw.com -21- EXHIBIT :'A" RFP... COLLECTION AGENCY.. SERVICES. '.COLLECTION AGENCY -SERVICES RIT ---NO..PF1020,03 Item Monthly Percentage of Collection Collection Agency Services: 1) Demolition Charges 2) Litter Abatement Charges 3) Weed Abatement Charges 4) Landfill Usage Fees 30 % 5) Building Code Permits (Municipal Court Only) 6) Water and Utility Fees 7) Municipal Court Fines and Fees 8) Small Business Loans 9) Other Miscellaneous Charges Collection Agency Services: 1) EMS Services N/A Insert Bidding Vendor's Company Name: McCreary Veselka Bragg & Allen P.C. - 25 -