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06/22/2021 PACKET
BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,NNE 22, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions + Public Comment: Persons may speak on Items 1-8 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 15, 2021 City Council Meeting Minutes 2. Approve the purchase of a Managed Detection and Response(MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN 3. Revise Resolution 21-135 for the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County 4. Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an intedocal agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds 5. Authorize the settlement of the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024 REGULAR AGENDA 6. Consider amending sections 14.05.001, 14.05.002, 14.05.003, 14.05.005, 14.05.006 and 14.05.013 of the Code of Ordinances related to Food and Beverage within the Event Services Department 7. Consider a resolution approving a contract for the curb and gutter repair of street rehabilitation projects for use by Public Works 8. Consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department COMMENTS * Public Comment(Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters CLOSED SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Govemment Code, to wit: 555 Main Street Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591 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. I June 22, 2021 Approval of the June 15, 2021 City Council Meeting Minutes BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider approval of the June 15, 2021 City Council Meeting Minutes. BEAUM © NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JUNE 15, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 15, 2021, atthe City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentation and Recognition + Public Comment: Persons may speak on items 1-21 Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Samuel gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tom Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "88th Anniversary of the Alpha Omega Omega Chapter of the Alpha Kappa Alpha Sorority, Inc." - Proclamation read by Councilmember Samuel; accepted by Gwendolyn Lacy, Graduate Chapter President, Sherralyn Fields, Graduate Chapter Archives Chair and Denise Wallace Spooner, Graduate Chapter Social Chair "Elder Abuse Prevention Month" - June 2021 - Proclamation read by Mayor Ames, accepted by Mary Suarez, Supervisor—Adult Protective Services and Lillie Boudreaux Service Award Recognition FIRSTNAME LASTNAME YEARS OF SERVICE DEPT Danette Mickens 25 Water Customer Services Michael McBride 25 Patrol Minutes—June 15,2021 Staci Landor 25 Criminal Investigations Marcelino Garcia 25 Streets and Drainage Milton Zachary Jr. 30 Parks and Property Maint. Kenneth Coleman Sr. 30 Health Administration Kenneth Karr 35 Criminal Investigation Curtis Breaux 35 Criminal Investigation Public Comment: Persons may speak on items 1-21 Jes Prince 3370 Esplanade Beaumont TX Sue Bard spoke on behalf of Jes Prince; spoke on Item #18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Deborah Fetherlin 6770 Lexington Dr. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Susan Rawls 4315 Bob St. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Brian Nepveux 6955 Shanahan Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. John Berube 2130 Hazel Ave. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Managerto execute all documents necessary to acquire the building and property located at 555 Main St. Bruce Reyes 1045 Monterrey Dr. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. James Culbertson 2055 Shady Ln. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Minutes—June 15,2021 Tracy Ballard-Arline 6050 Chisholm TH. Beaumont TX Spoke regarding Item#18 on the agenda, Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Mike Cacioppo 710 Monterrey Dr. Beaumont TX Spoke regarding Item #18 on the agenda, Consider authorizing the City Managerto execute all documents necessary to acquire the building and property located at 555 Main St. Joseph Trahan 8135 Quail Hollow Beaumont TX Spoke regarding Item#18 on the agenda, Consider authorizing the City Managerto execute all documents necessary to acquire the building and property located at 555 Main St. Ava Graves 1090 Roberts Ave Beaumont TX Spoke regarding Item#18 on the agenda, Consider authorizing the City Managerto execute all documents necessary to acquire the building and property located at 555 Main St. Thomas Rodman 2095 McFaddin Ave Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. LaDonna S. Hailey 5265 Richard Dr. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Gregory Abrams 3595 Abby Lane Beaumont TX Spoke regarding Item#18 on the agenda, Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Dr. Japera Levine 350 Pine Beaumont TX Spoke regarding Item#18 on the agenda, Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Nicholas Hunter 9155 Mapes St. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Addle Allen 9695 Gross Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Managerto execute all documents necessary to acquire the building and property located at 555 Main St. as well as items 3, 6-10 and 12 Minutes—June 15,2021 12. Authorize the settlement of the lawsuit styled Lizabeth M. Noble, Individually and on behalf of All Others Similarly Situated v. City of Beaumont, Civil Action No. 1:20-cv- 400 - Resolution 21-142 13. Approve the award of a contract for the replacement of the windows at the Streets and Drainage Administration Building - Resolution 21-143 14. Approve rejecting all bids received for the Jackson Street 12-Inch Water Main Replacement (From Pennsylvania Avenue to Sabine Pass Avenue) REBID - Resolution 21-144 15. Authorize the City Manager to execute Change Order No. 2, to the contract with Texas Pride Utilities, LLC - Resolution 21-145 16. Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system - Resolution 21-146 17. Authorize the City Manager to execute all documents necessary to apply for grant funding for the Southeast Texas Auto Theft Task Force - Resolution 21-147 Councilmember Neild moved to approve the Consent Agenda excluding item number 10. Councilmember Turner seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED 10. Authorize the City Manager to execute a hangar lease agreement with St Johns Aviation for property located at the Beaumont Municipal Airport-Resolution 21-140 Mayor Pro Tem Feldschau moved to approve item number 10 of the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYORAMES,MAYOR PROTEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED GENERAL BUSINESS 18. Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street. Minutes—June 15,2021 Patsy Guidry 2415 Wescalder Rd. Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Christina Crawford 2645 Harrison Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. Tom Flanagan 595 Orleans Beaumont TX Spoke regarding Item#18 on the agenda; Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main St. CONSENT AGENDA (items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 1, 2021, City Council Meeting Minutes 2. Authorize the City Manager to purchase replacement furniture for the Police 911 Operations Center which will be reimbursed by the SouthEast Texas Regional Planning Commission - Resolution 21-133 3. Approve the award of annual contracts for temporary personnel services for various departments - Resolution 21-134 4. Approve revising Resolution 21-123 to award two secondary vendors to provide lubricants for use in city vehicles - Resolution 21-123A 5. Approve the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County - Resolution 21-135 6. Authorize the City Managerto execute a hangar lease agreementwith Air Rescue for property located at the Beaumont Municipal Airport - Resolution 21-136 7. Authorize the City Manager to execute a hangar lease agreementwith Curtiss &Son for property located at the Beaumont Municipal Airport - Resolution 21-137 8. Authorize the City Managerto execute a hangar lease agreementwith Clay Dugas for property located at the Beaumont Municipal Airport - Resolution 21-138 9. Authorize the City Manager to execute a hangar lease agreement with Mark Fertitta for property located at the Beaumont Municipal Airport- Resolution 21-139 11. Authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission for regional emergency notification registration - Resolution 21-141 Minutes—June 15,2021 The City of Beaumont lost property, in certain areas, along the shoreline of Riverfront Park during and as a result of Hurricane Harvey. The property is approximately 3.68 acres in size and includes the former ATT Building that has been vacant for a number of years. The property is located west of the Neches River and is surrounded by City-owned parking lots and streets, specifically the Civic Center Parking Lot, Main Street; Tevis Street and Cypress Street. The additional acreage will allow for possible expansion of Riverfont Park, public spaces such as sidewalks; hike and bike trails and other amenities for citizens and visitors. Once acquired, the City Council would be in control of the building and property and would decide the priorities and next steps. The City would acquire the property for$2,785,000 plus associated fees including 1.5% to Lee Wheelerwith Wheeler Commercial (a local real estate agency),various closing costfees and title company expenses. All of the above expenditures will be paid for with available cash in the General Fund's Fund Balance. The Fund Balance has approximately$53 Million, which is 41% of expenditures in the General Fund. The Financial Policies, adopted by the City Council as a part of the FY 2021 Budget, state the General Fund ending fund balance not be less than 20% of that fund's annual operating expenditures. Approval of the resolution. Mayor Pro Tern Feldschau moved to DENY A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE BUILDING AND PROPERTY LOCATED AT 555 MAIN STREET WITH A 60 DAY EXTENSION. COuncllmember Nelld seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER AND NEILD NAYS: COUNCILMEMBER SAMUEL Item Tabled Council recessed at 3:46 p.m. Council reconvened at 3:51 p.m. 19. Consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Viking Painting, LLC related to the West Elevated Storage Tank Rehabilitation Project. On February 9, 2021, by Resolution No. 21-035, City Council awarded a contract to Viking Painting, LLC, of Omaha, Nebraska, in the amount of $849,900.00 for the West Elevated Storage Tank Rehabilitation Project. Proposed Change Order No. 1, in the amount of$205,600.00, is required forthe replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction. Without the replacement, the tank will not be able to support the proposed containment system that will prevent blasting and coating debris from impacting the area surrounding the tank. A total of forty-five (45)working days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of Minutes—June 15,2021 MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, TURNER, SAMUEL AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 21-035 21. Consider a request to abandon a portion of an alley located at 3154 Shannon Avenue. Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition, without the retention of an easement. Mr. Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment, they would prefer to seethe sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition, the contractor should include expansion joints at the easement lines to facilitate any necessary future repairs. At a Joint Public Hearing held on May 17, 2021,the Planning Commission recommended 5:0 to approve the request to abandon a portion of an alley with the following conditions: 1. Expansion joints shall be placed along the edge of the easement. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items have been submitted. Approval of the ordinance with the following condition: 1. Expansion joints shall be placed along the edge of the easement. Mayor Pro Tem Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 230' X 20' PORTION OF AN ALLEY EXCLUDING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH ENO ADDITION,WITH THE CONDITION,BEAUMONT,JEFFERSON COUNTY,TEXAS. COuncllmember Getz seconded the motion. AYES: MAYORAMES,MAYOR PROTEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—June 15,2021 $1,055,500.00 with 195 total working days to complete the project making the new estimated substantial completion date January 3, 2022. Funds will come from the Capital Program. Approval of the resolution. Councllmember Getz moved to APPROVE A RESOLUTION APPROVING CHANGE ORDER NO. 1, IN THE AMOUNT OF$205,600.00,WHICH IS NECESSARY FOR THE REPLACEMENT OF SIXTEEN(16)ROOF RAFTERS DUE TO UNFORESEEN SECTION LOSS FROM CORROSION FOUND DURING CONSTRUCTION, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,056,500.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1,IN THE AMOUNT OF $205,600.00 FOR ADDITIONAL WORK. Councllmember Neild seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER,SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-148 20. Consider an ordinance approving the rates proposed by Centerpoint Energy. On March 4, 2021, Centerpoint Energy filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment request to increase gas rates in its Beaumont/East Texas Division Service Area. The Council, on March 23, 2021, suspended the effective date of the proposed rate increase for a period of forty-five(45)days in order to allow for the review of the company's filings for compliance with the Gas Utility Regulatory Act. The review has been completed and it has been determined that the company's filings comply with the GRIP statute. Attached is a rate ordinance approving the new GRIP rates for the 2021 rate year. The impact on customer accounts is provided for your information. Customer Impact Summary CUSTOMER CLASS MONTHLY BILL INCREASE RESIDENTIAL $2.39 GENERAL SERVICE SMALL GENERAL SERVICE LARGE $18.31 All reasonable expenses associated with rate cases are reimbursable by the company. Approval of the ordinance. Councllmember Nelld moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS APPROVING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOUCRCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY")COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM("GRIP")FILING MADE WITH THE CITY ON MARCH 4,2021,FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; Minutes—June 15,2021 Ordinance 21-036 22. Consider a request for a Specific Use Permit and a Rezone from RS (Residential Single- Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial— Multiple-Family —2) District to allow for a coffee shop located at 3154 Shannon Avenue. Grant Keller of Vaquero Ventures is requesting a rezoning and Specific Use Permitto allow a coffee shop at 3154 Shannon Avenue. The proposed coffee shop would be located just south of the existing Sonic, just south of Washington on Martin Luther King Parkway. The greatest obstacle for this request will be an existing sewer line, located in the alleyway across the middle of the property. A request has been submitted (granted?) to abandon the alleyway and reroute the sewer line. City Engineering and Water Utilities are in discussion with the applicant regarding this sewer line. Although the majority of the property is currently zoned RS (Residential Single-Family Dwelling), it is located adjacentto GC-MD (General Commercial—Multiple-Family Dwelling) zoning, commercial uses, and partially fronts on Martin Luther King Parkway, a majorarterial. GC-MD-2 (General Commercial — Multiple-Family Dwelling — 2) zoning provides a buffer between the remaining residential zoning to the south and the commercial properties to the north as a Specific Use is required and will need approval by City Council. Landscaping will be required per City of Beaumont Ordinance. Specifically, an eight(8)foot tall wood or masonry fence with a ten (10) foot wide landscaped buffer would be required along the south property line. A six (6) foot wide landscaped strip containing shrubs would need to be installed along Martin Luther King Parkway, part of Shannon Avenue and to either side of the driveway on Highland Avenue to buffer parking areas from adjacent streets and two (2) landscaped islands would be required in the proposed parking areas. In addition, a five (5) foot sidewalk will need to be installed for the width of the property along all three (3) streets. At a Joint Public Hearing held on May 17, 2021, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit and a Rezone from RS (Residential Single- Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial— Multiple-Family —2) District to allow for a coffee shop with the following conditions: 1. Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line. 2. Landscaping to be installed as per City Ordinance. 3. Sidewalks be installed and maintained along all three (3) street frontages. Approval of the ordinance with the following conditions: 1. Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line. 2. Landscaping to be installed as per City Ordinance. 3. Sidewalks be installed and maintained along all three (3) street frontages. Minutes—June 15,2021 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND INC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY-2)DISTRICT FOR PROPERTY LOCATED AT 3154 SHANNON AVENUE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-037 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COFFEE SHOP IN A GC-MD-2 (GENERAL COMMERCIA-MULTIPLE FAMILY-2(GENERAL COMMERCIAL-MULTIPLE FAMILY-2)DISTRICT FOR PROPERTY LOCATED AT 3154 SHANNON AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-038 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS + Public Comments (Persons are limited to three minutes) Ricky Jason 1075 Magnolia St. Beaumont TX Thanked Mayor Ames for her service to the community, stated that she's been a lightening rod for the Council, appreciated and thanked her for everything that she has done, thanked City Attorney, Tyrone Cooper, a lot of people don't give him his due, he's a legend and an icon, encouraged citizens to vote, made comments regarding the Examiner newspaper that has divided this community Minutes—June 15,2021 Jeremy Povilich 695 Chamberlin Dr. Beaumont TX Stated that he came to the Council meeting today excited about the energy that everyone feels about the City of Beaumont, stated while attending the City Council meetings for the last few years he's witnessed great plans put into action, he's seen his own sons face light up when at Mardi Gras at night, held hands with the prettiest girl in Beaumont and watched the fireworks on July 4th, this past weekend he witnessed the Pride Fast with people celebrating and loving each other, stated that those things have been made possible by City Council, stated thatweek afterweek the Council meets to take care of the business of the city and to discuss the ideas and plans to help the city prosper, he appreciates all of the dedication that he has witnessed, it's inspiring to see a young man who works in the same industry as he does fighting to keep work local and promoting trade craft and opportunities foremployment, it's inspiring to see a retired union member take a seat on Council showing all of the working people that we now have a seat at the table for city affairs, inspiring to see a young white man and young black man develop a friendship and a bond and worktogetherto try and heal the divide, it's inspiring to see a preacherwho has dedicated his message to bringing this to one city, it's inspiring to see city leadership that has given decades of their lives to make Beaumont amazing, history will reflect all the efforts that Council puts into building this foundation, stated that he can't go on without mentioning what he's not proud of, he has witnessed the great things and he's also experienced evil, he's seen out right hate, spiteful actions, watched theatrics with the sole intention of causing divide, stated that he can't be silent anymore, he can't be proud of one of them with his pettiness he would sabotage everything that us Beaumont kids have everdreamed of, he would much ratherscream in his echo chambers vile lies just so that he could fill that very empty black little hole in his chest, he doesn't want to build anything, he just wants to destroy everyone around him and then stand on that pile of rubble afterwards, the fans have only seen his webs of deceit that he spins, anyone paying attention can see that he is completely ineffective and that he has no campacity to work with anyone as a team and his weak attempts at slandering those that oppose his philosophy, he does nothing but show us all how loud and pitiful he really is, enough energy has been wasted today on giving recognition on the bad apple, but with time the rotten fruit will fall from this tree and a new blossom will take his place, stated that he wanted to take his time today to honor those of us that make the citizens proud, thanked all of the city employees, thanked Mayor Ames and asked everyone to remember that she will always be the Mayor that made Beaumont proud Rodney Dencklau 4105 Chaison Ave. Beaumont TX Stated that he went to Alice Keith pool this past Sunday, the hydraulic chair that helps the disabled get in and out of the pool wasn't working and hasn't worked for two years, it was stated that year before last it was requested that the chair be repaired, so far it hasn't been repaired, he has called about it, no one has returned his calls, stated that the lifeguards were able to help him get in and out of the water, he also made comments regarding the transit system, asked that Council look into this situation, it's about to get bad as the drivers are talking about striking and hurricane season is here and it's been said that the bus drivers may not come out and get them if they have to evacuate Brian Nepveux 6955 Shanahan Beaumont TX Stated that in regards to the AT&T building, Council needs to be transparent, there were things that weren't conveyed to anyone outside of Executive Session, all we know is speculation, stated that he hasn't seen a master plan, phases or cost, there has been no Minutes—June 15,2021 vision, time frame etc., stated that he's all for downtown revitalization, asked that Council and staff put the information out on Facebook, the city website and have town hall meetings, there's sixty days to get this done, would like to see those things happen Thefarro Vladia Richard 5275 Parkview Dr. Beaumont TX Stated that she's the owner of the House of Pearls, it's a business that she started eleven years ago, she's a former Social Worker out of Los Angeles, California, she's worked with suicidal and homicidal adolescents and a crisis interventionist as well as a licensed group home administrator, stated the she would like to petition the Council to consider a grant for her organization, she's working on her 501(c)3 status, she would like to house at least 300 of the homeless people that are currently displaced here in Beaumont and most of them were displaced during hurricane season, she has petitioned Council before to no avail, since then several of the homeless have died in flooding situations, at this time they literally have to go under the carwash on Calder St., for shelter, thinks it's a travesty, especially since there are million dollar company's here like Mobil Oil, Valero etc., we have the resources to provide services, a lot of these people are mentally disabled, schizophrenic or bipolar, they don't have medication and they don't have cell phones, she needs at least 200 to 300 cell phones so each individual can have a phone, she needs generators as well, stated she's also doing this in memory of Cheyenne Mounce who was murdered on Pine St., last week, requested $15,000.00 for cell phones so that the homeless can communicate, also needs a $3 million dollar grant for House of Pearls to help the homeless men, women and Purple Heart Veterans W. R. Sam Sr. 1761 Rena St. Beaumont TX Congratulated Council on the hard job and the hard work that they have contributed, it's encouraging to see that people have spent many years doing what they do and for us to still be here as one and to continue on making this City a better place, commented to the new Councilmembers they have a lot to contribute, asked that they not give up, thanked the Mayor and Councilmember Samuel for serving as long as they have, wished the Mayor the best Councilmembers/City Manager/City Attorney comments on various matter COLINCILMEMBER COMMENTS COUNCILMEMBER TURNER- ANNOUNCED THE JUNETEENTH WEEKEND CELEBRATION THAT'S COMING UP, ASKED THAT EVERYONE SUPPORT AND CELEBRATE WHAT PEOPLE EXPERIENCE TO GET WHERE WE ARE TODAY, THERE WILL BE A BUSINESS MIXER ON FRIDAY NIGHT AT THE MCM ELEGANTE', ON SATURDAY MORNING THERE WILL BE A FREEDOM BIKE RIDE, ENCOURAGED EVERYONE TO COME DOWNTOWN AND ENJOY BEAUTIFUL DOWNTOWN AND ON SATURDAY EVENING COME OUT TO TYRRELL PARK BUT MOST IMPORTANTLY IT'S VOTING TIME, ENCOURAGED ANYONE THAT HASN'T ALREADY VOTED TO GET OUT AND VOTE AND PARTICIPATE IN THE PROCESS Minutes—June 15,2021 MAYOR PRO TEM FELDSCHAU - ANNOUNCED THE FAREWELL RECEPTION HONORING MAYOR AMES FOR 27 YEARS OF SERVICE FROM 4:30 P.M. TO 6:30 P.M., AT THE EVENT CENTRE, IT'S OPEN TO THE PUBLIC, ENCOURAGED EVERYONE TO COME OUT AND CONGRATULATE HER COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER NEILD - ASKED EVERYONE TO KEEP FORMER COUNCILMEMBER W.L. PATE IN THEIR PRAYERS, HE COULD USE EVERYONE'S SUPPORT AT THIS TIME COUNCILMEMBER DURIO - STATED THAT THE PROCESS THAT COUNCIL IS GOING THROUGH NOW IS AN EXPERIENCE, IT'S PART OF THE JOB, ASKED THAT THE CITIZENS OF BEAUMONT TRUST THAT THE COUNCIL WOULD NOT MAKE A HUGE DECISION LIKE THIS WITHOUT CROSSING THE T'S AND DOTTING THE I'S AND MAKING SURE THAT EVERYTHING IS CORRECT,THEY ELECTED THEM TO MAKE THE HARD DECISION,ASKED THATTHEY TRUST THEM TO DO JUST THAT COUNCILMEMBER GETZ- ECHOED WHAT COUNCILMEMBER NEILD STATED REGARDING FORMER COUNCILMEMBER W.L. PATE, THAT HE'S IN THE FIGHT OF HIS LIFE RIGHT NOW AND HE NEEDS EVERYONE'S PRAYERS, ALSO STATED THAT THE SPRAY PARK AT ROGERS PARK HASN'T BEEN WORKING PROPERLY, THE PARK'S DEPARTMENT CAME OUT AND GOT IT WORKING,HE HAS SINCE THEN RECEIVED COMPLAINTS FROM PARENTS THAT IT'S NO LONGER WORKING,ASKED THE CITY MANAGER TO LOOK INTO GETTING THE SPRAY PARK FIXED,STATED THAT FOUR MONTHS AGO COUNCIL WAS TOLD THAT THE CITY HAD A FUND BALANCE OF $43 MILLION AND WAS PLEASANTLY SURPRISED TO SEE THE APRIL FINANCE REPORT TO SEE THAT THE FUND BALANCE HAS GROWN TO $53 MILLION IN FOUR MONTHS, ASKED THE CITY MANAGER WHAT ATTRIBUTED TO THE INCREASE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- THE CITY MANAGER RESPONDED TO COUNCILMEMBERS GETZ QUESTION REGARDING THE INCREASE IN THE FUND BALANCE, HE STATED THAT THE FUND BALANCE WAS MUCH HIGHER BECAUSE OF THE CARES ACT AND THE AMERICAN RESCUE PLAN MONEY WHICH TOTALED ABOUT$8.3 MILLION MAYOR AMES - STATED THAT SHE WANTED TO CLARIFY ONE THING THAT SHE HEARD DURING THE PUBLIC COMMENT PERIOD,IT WAS STATED SEVERAL TIMES THAT THE AGREEMENT REGARDING THE AT&T BUILDING WASN'T SIGNED OR DATED AND WASN'T ANY GOOD, SHE WANTED TO LET EVERYONE KNOW THAT CITY STAFF NEVER SIGNS OR DATES ANYTHING UNTIL IT'S PASSED BY COUNCIL Minutes—June 15,2021 Open session of meeting recessed at 4:26 p.m. CLOSED SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 555 Main Street * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rhonda Scott vs. The City of Beaumont, Case No. 0207024 Becky Ames, Mayor Tina Broussard, City Clerk Minutes—June 15,2021 2 June 22, 2021 Approve the purchase of a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: June 22,2021 REQUESTED ACTION: Council consider a resolution approving the purchase of a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN. BACKGROUND Pricing was obtained through the Sourcewell purchasing contract. Sourcewell provides cities and political subdivisions with the means to purchase at contracted prices under the procurement statutes of the State of Texas. The Arctic Wolf Managed Detection and Response("MDR") solution is delivered by the Arctic Wolf Concierge Security® Team(CST), and is based on the industry's only cloud-native security operations platform. It provides 24x7 monitoring of networks, endpoints, and cloud environments along with a managed approach to detection, response, and recovery from modem cyberthreats through managed triage and concierge services that guide cybersecurity response. The managed detection and response service was budgeted in the amount of$89,000. FUNDING SOURCE General Fund—Information Technology. 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 a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc., of Eden Prairie, Minnesota, in the amount of$89,000.00 through the Sourcewell Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2021. - Mayor Becky Ames - 3 June 22, 2021 Revise Resolution 21-135 for the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer ' MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider a resolution to revise Resolution 21-135 for the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County. BACKGROUND On June 15, 2021, City Council passed Resolution 21-135 for the purchase of a chemical for mosquito control from Veseris of Austin at a total price of$50,404.50 for 1,035 gallons. This chemical is to be provided to Jefferson County Mosquito Control through the Hurricane Harvey Recovery Crisis Agreement(Crisis CoAg) of which the City has been a recipient. The actual purchase cost of the chemical through the grant is $50,382.59 for a bulk amount of 1,035 gallons. Staff recommends the revision of Resolution 21-135 to reflect this pricing. The revised quote is attached. FUNDING SOURCE Crisis CoAg Grant. RECOMMENDATION Approval of the resolution. Quotation �' VESERIS� Company Address Date 6/17/2021 1919 Jacintoport Blvd, Houston,TX 77015 Quotation# Fyfanon ULV Harvey Phone: 713-203-0436 Customer ID 632011 Quotation For Cityof Beaumont Quotation valid until: 1/30/2021 Purchasing Division Prepared by: Keith L. Haas P.O. Box 3827, Beaumont,TX 77704 Comments or SpeClal Instructions Delivery to Jefferson county Mosquito Control Salesperson P.O. Number Ship Date F.O.B. Point Terms John West 6 22 2021 DescriptionQuantity 1 Fyfanon ULV Bulk delivery single lot $ 50,382.59 $ 50,382.59 1035.00 gallons _ Subtotal $ 50,382.59 If you have any questions concerningthis quotation, please contact: Tax Rate 0.00% Keith L. Haas 713-203-0436 Sales Tax $ - Shipping $ - Thank you for your business! TOTAL r = RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 15, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-135 for the purchase of mosquito spray chemicals for use by Jefferson County Mosquito Control from Veseris, of Austin, Texas, a sole source provider, for a total price of$50,404.50 to be used in conjunction with an Interlocal Agreement with Jefferson County; and, WHEREAS, the actual purchase cost of the chemical is $50,382.59; and, WHEREAS, an amendment to Resolution No. 21-135 is necessary to reflect the correct dollar amount $50,382.59; 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. 21-135 is hereby amended to reflect the amount of $50,382.59 for the purchase of mosquito spray chemicals for use by Jefferson County Mosquito Control from Veseris, of Austin, Texas, a sole source provider, to be used in conjunction with an Interlocal Agreement with Jefferson County. 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 22nd day of June, 2021. - Mayor Becky Ames - 4 June 22, 2021 Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter-local agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds BEAUM© NT TEXAS TO: City Council FROM: Kyle Mayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an interlocal agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past fifteen years. The funding has been used to upgrade technology through the purchase of computer hardware and software,purchase additional officer equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. Total allocation for 2021 is$126,179 of which, $78,522 will be allocated to Beaumont, $28,730 to Port Arthur and $18,927 to Jefferson County. Funds awarded to Beaumont will be used for equipment purchases and/or Technology Enhancement. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of resolution. V Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont,Texas )( Know All by These Present City of Port Arthur,Texas )( Inter-Local Agreement Between the County of Jefferson,Texas; City of Beaumont,Texas; and City of Port Arthur,Texas 2021 Edward Byrne Justice Assistance Grant(JAG) Program Award This Agreement Is made and entered Into this day of 2021, by and between The County of Jefferson, Texas acting by and through its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through Its governing body, the City Council; and the City of Port Arthur, Texas acting by and through Its governing body, the City Council,witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is $126,179; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $18,927 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $78,522 to the City of Beaumont, Texas, and$28,730 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur,Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur,Texas agree to provide Jefferson County, Texas $18,927 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $78,522 to the City of Beaumont, Texas; and$28,730 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2024. The City of Beaumont, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2024. The City of Port Arthur, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2024. Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other parry. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section S. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont,Texas CITY MANAGER City of Port Arthur, Texas CITY MANAGER Jefferson County, Texas COUNTY JUDGE 'By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). 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 for the City of Beaumont in the amount of$126,179.00 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute all documents necessary, including an Interlocal Agreement, to reallocate funds in the amounts of $28,730.00 to the City of Port Arthur and $18,927.00 to Jefferson County. 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 22nd day of June, 2021. - Mayor Becky Ames - 5 June 22, 2021 Authorize the settlement of the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 22,2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024 BACKGROUND The lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024 was presented and discussed in Executive Session held on June 15, 2021. The City Attorney is requesting authority to settle this suit in the amount of$18,500.00. FUNDING SOURCE. General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024, was discussed in Executive Session properly called and held Tuesday, June 15, 2021; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the matter of Rhonda Scott in the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024, for the sum of Eighteen Thousand Five Hundred and XX/100 Dollars ($18,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 22nd day of June, 2021. - Mayor Becky Ames - 6 June 22, 2021 Consider amending sections 14.05.001, 14.05.002, 14.05.003, 14.05.005, 14.05.006 and 14.05.013 of the Code of Ordinances related to Food and Beverage within the Event Services Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Emily Wheeler, Director of Event Services MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider amending sections 14.05.001, 14.05.002, 14.05.003, 14.05.005, 14.05.006 and 14.05.013 of the Code of Ordinances related to Food and Beverage within the Event Services Department. BACKGROUND The City of Beaumont is no longer under contract with a concessions and alcohol provider. There are existing rates in Section 14.05.002 related to catering access. The proposed amendments outline rates to include beverage access in the Civic Center, Julie Rogers Theatre, Jefferson Theatre,Event Centre and Lakeside Center. In addition,the Event Facilities Department name has changed to the Event Services Department which is reflected in the proposed amendments. The proposed ordinance is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ARTICLE 14.05 EVENT F,4GII ITIES SERVICES Sec. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: A ter hours. When any of the event facilities are used between the hours of 12:00 a.m. through 8:00 a.m. All day. Use of a facility from 8:00 a.m. until 12:00 a.m. Commercial event. Any event hosted by a for-profit organization or business. Event facilities. Beaumont Civic Center, Julie Rogers Theatre, Jefferson Theatre, Downtown Event Centre, Great Lawn, and grounds contiguous to those facilities,and the Lakeside Center. Gross receipts. All monies received from the sale of tickets. Move-in/out. Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals. Noncommercial event. An event contracted by any of the following organizations or individuals: (1) Nonprofit civic organizations; (2) Nonprofit fraternal organizations; (3) Nonprofit educational institutions; (4) Nonprofit religious organizations; (5) Charitable organizations; (6) Individuals sponsoring weddings, birthdays, and all other private events as determined by the 9ireeteFDirector of event Event fee i0tia Services. Rental period. Facility access times. All set up, event activities and tear down must take place within the rental period. (1958 Code, sec. 9B-1; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; Ordinance 99-99, sec. 1, adopted 12/26/99; 1978 Code, sec. 20-20; Ordinance 07-055, sec. 6, adopted 5/8107; Ordinance 14-059, sec. 1, adopted 11/12/14; Ordinance 19-015 adopted 3/26/19) Sec 14.05.002 Use rate schedule The following rates will apply to the use of city event facilities: (1) Civic Center. (A) Commercial. Minimum rental shall be two thousand dollars ($2,000.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (B) Noncommercial. Minimum rental shall be one thousand five hundred dollars ($1,500.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in. furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary rental spaces in the civic center. (i) Commercial/noncommercial. Hourly (minimum two-hour rental), per space: $100.00 per hour. (2) Julie Rogers Theatre. (A) Commercial. Minimum rental shall be one thousand five hundred dollars ($1,500.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial. Minimum rental shall be one thousand two hundred dollars ($1,200.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary rental spaces in the Julie Rogers Theatre. (i) Commercial/noncommercial. Hourly (minimum two-hour rental) per space: $100.00 per hour. (3) Jefferson Theatre. (A) Commercial. Minimum rental shall be one thousand two hundred dollars ($1,200.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial. Minimum rental shall be one thousand dollars ($1,000.00) per day (8:00 a.m.- 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary rental spaces in the Jefferson Theatre. (i) Commercial/noncommercial. Hourly (minimum two-hour rental) per space: $100.00 per hour. (4) Event Centre. (A) Commercial. Minimum rental shall be one thousand eight hundred dollars ($1,800.00) per day (8:00 a.m.-12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager or his designee. (8) Noncommercial (minimum rental). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization leases the facility ten (10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the city manager or his designee. (1) Matinee (8:00 a.m.-3:00 p.m.): $500.00. (ii) Evening (6:00 p.m.-12:00 a.m.): $900.00. (iii) All day (8:00 a.m.-12:00 a.m.): $1,500.00. (C) Meeting. Hourly (minimum two-hour rental between 8:00 a.m. and 5:00 p.m., Sunday through Wednesday): $100.00 per hour. (5) Great Lawn. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (A) Commercial. All day (8:00 a.m.-12:00 a.m.): $1,000.00. (B) Noncommercial. All day (8:00 a.m.-12:00 a.m.): $500.00. (6) Lakeside Center. (A) Minimum rental shall be one hundred dollars ($100.00) per hour (8:00 a.m.-12:00 a.m.) for any rental space located within the Lakeside Center. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Nonresidents can utilize the Best Years Center located inside the Lakeside Center for four dollars ($4.00) per day if the facility is not at capacity as determined by the department director or his/her designee. (7) After hours. When any of the event facilities are used between the hours of 12:00 a.m. through 8:00 a.m., said use shall be at the following hourly rate. All facilities, per hour: $300.00. (8) QwFinp,-eseessFood and Beverage Access Fee. (A) Event Centre: $260.:00.$400.00 (B) Civic Center: $500.00.$800.00 (C) Julie Rogers Theatre: $260.00.$400.00 (D) Jefferson Theatre: $260.00.$400.00 (E) Lakeside Center: $150 (1958 Code, sec. 9B-2; Ordinance 76-74, sec. I, adopted 6/22/76; Ordinance 79-85, sec. 1, adopted 10/9/79; Ordinance 83-121, sec. I (exhibit A), adopted 9/27/83; Ordinance 95-60, sec. 1, adopted 9/19/95; Ordinance 99- 99, sec. 2, adopted 12/26/99; Ordinance 03-102, sec. 1, adopted 12/9/03; 1978 Code, sec. 20-21; Ordinance 07- 055, sec. 7, adopted 5/8/07; Ordinance 08-007, sec. 1, adopted 1/15/08; Ordinance 09-013, sec. 1, adopted 3/24/09; Ordinance 10-044, sec. 1, adopted 6/15/10; Ordinance 14-059, sec. 2, adopted 11/12/14; Ordinance 19- 015 adopted 3/26/19) Sec. 14.05.003 Additional fees (a) Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals, will be fifty (50) percent of the contracted rental rate unless otherwise determined by the city manager or his designee. (b) Additional fees may be charged for auxiliary labor, food and beverage service, security, license fees, booth equipment, electrical outlets, set-up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. (1958 Code, sec. 9B-4; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1,adopted 9/27/83; Ordinance 99-99, sec. 3, adopted 12/26/99; 1978 Code, sec. 20-22; Ordinance 14-059, sec. 3,adopted 11/12/14; Ordinance 19-015 adopted 3/26/19) Sec 14.05.004 Reserved Editor's note-Former section 14,05.004"Additional charge if broadcast involved"was repealed and deleted by Ordinance 14-059,sec. 4,adopted 11/12/14.Prior to its deletion,this section derived from the following: 1958 Code,sec.9B-14;Ordinance 76-74,sec. 1, adopted 6/22/76;Ordinance 78-44,sec.3,adopted 11/11/78;Ordinance 83-121,sec. 1,adopted 9/27/83; 1978 Code,see.20-23. Sec. 14.05.005 Times of payment of rental and charges Fifty (50)percent of the total rental rate is payable at the time of execution of the contract of any city event facility. The balance of all rentals and fees must be paid seven (7)days prior to the final use of any of the facilities unless authorized by the director of event facilities services. If more than one rental request is received for the same facility on the same date,the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless notice is received in writing 90 days prior to the event date or if authorized by the director of event Casilities services. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. Any deviation shall first be approved by the city manager or his designee. (1958 Cade, sec. 9B-9; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1,adopted 9/27/83; 1978 Code, sec.20- 24; Ordinance 14-059, sec. 5, adopted 11/12/14; Ordinance 19-015 adopted 3/26/19) Any concessions and alcohol sensed at the Givie Gantef,julie ROgeFS Theatre,and jefferson Theatm shall b served Only by a 60fleegsignaiF.with whom the eity has a eiateessions and alcohol contract unless autheFized by the difeetAir of event fi ^1'^1 (1958 Code, sec. 9B-6; Ordinance 76-74, sec. 1, adopted 6/22/76;Ordinance 83- 121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-25; Ordinance 14-059, sec. 6, adopted 11/12/14; Ordinance 19- 015 adopted 3/26/19) Sec. 14.05.007 Reserved Editor's note-Former section 14.05.007"Use for convention"was repealed and deleted by Ordinance 14-059,sec.7,adopted 11/12/14, Prior to its deletion,this section derived from the following: 1958 Code,sec.911-7;Ordinance 76-74,see. 1,adopted 6/22/76;Ordinance 83-121,sec. 1,adopted 9/27/83;Ordinance 99-99.sec.4,adopted 12/26/99; 1978 Code,sec.20-26. Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any city event facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty-eight(48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his contract and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (1958 Code, sec. 9B-8; Ordinance 76-74, sec. 1,adopted 6/22/76;Ordinance 83-121, see. 1, adopted 9/27/83; 1978 Code, sec.20-27; Ordinance 14-059, sec. 8, adopted 11/12/14) Sec 14.05.009 Box office rates and ticket sales (a) Box office rates shall be as follows: (1) Ticketing charge of$150.00; (2) Applicable fees associated with credit card usage. (b) Ticket sales: Individual ticket sales for commercial events held at the Downtown Event Centre or Lakeside Center are prohibited unless authorized by the city manager or his designee. (1958 Code, sec. 9B-10; Ordinance 76-74, sec. 1, adopted 6/22/76;Ordinance 83-121, sec. 1,adopted 9/27/83; Ordinance 99-99, sec. 5,adopted 12/26/99; 1978 Code, sec. 20-28;Ordinance 07-055, sec. 8,adopted 5/8/07; Ordinance 14-059, sec. 9, adopted 11/12/14; Ordinance 19-015 adopted 3/26/19) Sec. 14.05.010 Prohibited uses Any persons or activities which is contrary to the public health, safety,welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any contract previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use or rental shall be refused a contract or entrance or shall be ejected from the premises as necessary. (1958 Code, sec. 9B-1 I; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. I, adopted 9/27/83; 1978 Code, sec. 20-29; Ordinance 14-059, sec. 10, adopted 11/12/14; Ordinance 19-015 adopted 3/26/19) Sec. 14.05.011 Advertising No person shall advertise a performance or attraction to be held in any city event facility until the contract for said facility has been properly executed and all contracts between all parties. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to contract any facilities to said person in the future. (1958 Code, sec. 9B-12;Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-30; Ordinance 07-055, sec. 9, adopted 5/8/07; Ordinance 14-059, sec. 11, adopted 11/12/14) Sec 14.05.012 Reserved Editor's note-Former section 14.05.012"Denial of rental request"was repealed and deleted by Ordinance 14-059,sec. 12,adopted 11/12/14.Prior to its deletion,this section derived from the following: 1958 Code,sea 90-12;Ordinance 76-74.sea. 1,adopted 6/22/76; Ordinance 83-121,sec. 1,adopted 9/27/83; 1978 Code,sec.20-31;Ordinance 07-055,sec. 10,adopted 5/8/07. Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The city manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the city event facilities services. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or contract of the city event€*4kries services. (1958 Code, sec. 913-15; Ordinance 76-74, sec. I, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-32; Ordinance 14-059, sec. 13, adopted 11/12/14) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE TITLE OF CHAPTER 14, ARTICLE 14.05; AMENDING ARTICLE 14.05, SECTION 14.05.001(6); SECTION 14.05.002(8); SECTION 14.05.003(b) AND, SECTION 14.05.005; REPEALING SECTION 14.05.006; AND, AMENDING SECTION 14.05.013 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO EVENT SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the title of Chapter 14, Article 14.05 be and the same is hereby amended to read as follows: ARTICLE 14.05 EVENT SERVICES Section 2. That Chapter 14, Article 14.05, Section 14.05.001(6) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.001 Definitions (6) Individuals sponsoring weddings, birthdays, and all other private events as determined by the Director of Event Services. Section 3. That Chapter 14, Article 14.05, Section 14.05.002(8) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.002 Use rate schedule (8) Food and Beverage Access Fee. (A) Event Centre: $400.00 (B) Civic Center: $800.00 (C) Julie Rogers Theatre: $400.00 (D) Jefferson Theatre: $400.00 (E) Lakeside Center: $150.00. Section 4. That Chapter 14, Article 14.05, Section 14.05.003(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.003 Additional fees (b) Additional fees may be charged for auxiliary labor, food and beverage service, security, license fees, booth equipment, electrical outlets, set-up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. Section 5. That Chapter 14, Article 14.05, Section 14.05.005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.06.005 Times of payment of rental and charges Fifty (50) percent of the total rental rate is payable at the time of execution of the contract of any city event facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the director of event services. If more than one rental request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless notice is received in writing 90 days prior to the event date or if authorized by the director of event services. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. Any deviation shall first be approved by the city manager or his designee. Section 6. That Chapter 14, Article 14.05, Section 14.05.006 of the Code of Ordinances of the City of Beaumont, be and the same is hereby repealed. Section 7. That Chapter 14, Article 14.05, Section 14.05.013 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The city manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the city event services. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or contract of the city event services. Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. 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 22nd day of June, 2021. - Mayor Becky Ames - 7 June 22, 2021 Consider a resolution approving a contract for the curb and gutter repair of street rehabilitation projects for use by Public Works BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for the curb and gutter repair of street rehabilitation projects for use by Public Works. BACKGROUND Bids were requested for a one year contract with the option of a one year extension at the same pricing for the repair of damaged curbs and gutters at various locations throughout the City. Five vendors were notified with one vendor, SETEX Construction Corp. of Beaumont, responding with an estimated annual amount of$479,925.30, Staff recommends awarding the contract to SETEX Construction Corporation. Bid Tabulation is attached. FUNDING SOURCE Capital Program-Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, one bid was received for a one (1) year contract, with the option of a one (1) year extension at the same pricing, for the repair of damaged curbs and gutters at various locations throughout the City prior to street resurfacing and rehabilitation; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a bid in the estimated amount of$479,925.30, as shown on Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by SETEX Construction Corp., of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by SETEX Construction Corp., of Beaumont, Texas, for a one (1) year contract, with the option of a one (1) year extension at the same pricing, for the curb and gutter repair of street rehabilitation projects in the estimated amount of $479,925.31, 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 SETEX Construction Corp., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2021. - Mayor Becky Ames - BEAUM©NT T E X A S City of Beaumont Purchasing Division Terry Welch,Purchasing Manager 409-880-3107 terrv.welchCd beau monttexas.eov Bid Tabulation:One(1)Year Contract for Curb and Gutter Repair at Various Locations Throughout the City of Beaumont,Texas Bid No: TF0421-22 Opening Date: Thursday,May 27,2021 SECTION I- SPOT REPAIR WORK BID SCHEDULE VENDOR: SETEX Construction Corp. Beaumont,Texas Item Item Description Est. Unit Unit Price Total No. Code 340 6001 D-GR HMA(SQ)TY-D PG64-22 75 TON $223.00 $16,725.00 Removal of Type 1-Concrete Curb 200 LF $30 00 $6,000 00 496 9991 (2"to 4"curb height) 496 9992 Removal of Type 1-Concrete Curb 100 LF $31.00 $3,100.00 and Gutter(2"to 4"curb height) 496 9993 Removal of Type 2-Concrete Curb 800 LF $25.00 $20,000.00 (6'to 8"curb height) 496 9994 Removal of Type 2-Concrete Curb 500 LF $31.00 $15 500.00 and Gutter(6"to 8"curb height) e 496 9995 Removal of Type 3-Concrete Curb 200 LF $28.00 $5,600.00 (9"to 12"curb height) 496 9996 Removal of Type 3-Concrete Curb 200 LF $36.00 $7,200.00 and Gutter(9"to 12"curb height) 529 9991 Placement of Type 1-Concrete Curb 200 LF $18.00 $3,600.00 (2"to 4"curb height) 529 9992 Placement of Type l-Concrete Curb 100 LF $72.00 $7,200.00 and Gutter(2"to 4"curb height) 529 9993 Placement of Type 2-Concrete Cub 900 LF $19,00 $15,200.00 (6"to 8"curb height) 529 9994 Placement of Type 2-Concrete Curb 500 LF $76.00 $38,000.00 and Gutter(6"to 8"curb height) 529 9995 Placement of Type 3-Concrete Curb 200 LF $31.00 $6,200.00 (9"to 12"curb height) 529 9996 Placement of Type 3-Concrete Curb 200 LF $95.00 $19,000.00 and Gutter(9"to 12"curb height) 9999 6001 Saw Cutting-(Full Depth Concrete) 5,600 LF $15.00 $84,000.00 BID TOTAL: $247,325.00 EXHIBIT "A" BID TABLE-CONT'D One(1)Year Contract for Curb and Gutter Repair at Various Locations Throughout the City of Beaumont,Texas Bid No.TF0421-22 SECTION II-PLANNED WORK BID SCHEDULE VENDOR: SETEX Construction Corp. Beaumont,Texas Item Item Descrition Est Unit Unit Price Total p No. Code Qty. 340 6001 D-GR HMA(SQ)TV-D PG64-22 50 TON $223.00 $11,150.00 496 9993 Removal of Type 2-Concrete Curb 1750 LF $30.00 $52,500.00 (6"to 8'curb height) 496 9994 Removal of Type 2-Concrete Curb 820 LF S31.00 $25,420.00 and Gutter(6'to 8"curb height) 529 9993 Placement of Type 2-Concrete Curb 1750 LF (6'to 8"curb height) $19.00 $33,250.00 529 9994 Placement of Type 2-Concrete Curb 820 LF and Gutter(6'to 8'curb height) $76.00 $62,320.00 496 6001 Saw-Cutting(Full Depth Concrete) 2,570 LF $15.00 $38,550.00 BID TOTAL: $223,190.00 SECTION III - MOBILIZATION VENDOR: SETEX Construction Corp. Beaumont,Texas Item Item Description Est. Unit Unit Price Total No. Code Mobilization-One-time payment for 500 6999 life of contract, not to exceed 2%of I LS $9,410.30 $9,410.30 the*Adjusted Contract Amount. BID TOTAL: $9,410.30 SECTION IV-BID TOTAL TOTAL BID AMOUNT-SECTIONS I,II AND 111: $479,925.30 * The adjusted Contract amount will be calculated as the total Contract amount less the lump sum for mobilization. SOLE Qualified bidder was SETEX Construction Corp of Beaumont. 8 Jane 22, 2021 Consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 22, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department. BACKGROUND Aluminum Sulfate is used to clarify and purify the City's water supply. The Water Utilities Department expects to purchase approximately two thousand (2,000)dry tons of this material during the term of this contract. Bids were requested from nine vendors and seven responses were received. Brenntag Southwest, Inc. of Lancaster, Texas responded with the low qualified bid of$197.79 per ton making a total estimated annual amount of$395,580. This represents a 7.5 %increase in the price of this material from the last contract. Specifications allow for a twelve month contract with the option of two renewals of twelve month terms at the same pricing as the awarded contract. Staff recommends award of the contract to Brenntag Southwest, Inc. who holds the current contract. 'There are no local vendors of this commodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Texas BEAUM©NT Purchasing Division Bid Tabulation Bid Name: Annual Contract for Water Treatment Chemicals-Aluminum Sulfate Bid Number. TF0521-24 Bid Opening: Thursday,June 10,2021 Contact Person: Terry Welch,Senior Buyer terry welch(Miceaumonftexas gov Phone 409-880-3107 Brenntag Southwest,Inc. G2O Technologies, LLC Chemtrade Chemicals US, LLC Univar Solutions USA Inc. Vendor City/Stale Lancaster,Texas Little Rock,AR Parsippany, NJ Kent,Wa Phone or Fax No. 713-450-4699 501-888-1146 973-515-4461 253-872-5041 DESCRIPTION QTY Lbs Unit Price Extended Price Unit Price Emended Price Unit Price Extended Price Unit Price Tend!2d Price 2,000 DRV $187.79/Dry $243.00/Dry $400IDry $414.21/Dry Aluminum Sulfate TO Ton $395,580.00 Ton $48fi,000.00 Ton $800,000.00 Ton $828,420.00 TQTALBID $396,580.00 $486,000.00 $800,000.00 828,420.00 Vendor Karen Wheaton Chameleon Industries Inc. Jerry Sadleir City I State Edmonds,WA Corsicana,Tx Midland,Tx Phone or Fax No. 206-505-3501 972-692-8642 jsad lent5diarracudao Ifeld win DESCRIPTION QTV(Lbs) Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Aluminum Sulfate 2,000 DRY $417.50IDry $450.00/Dry TO Ton $835,000.00 Ton $900,000.00 Ton $986,000.00 TOTAL BID $835,000,00 $900,000.00 $966,000,00 Qualified low bidder is Brenntag Southwest, Inc as Hi Lighted in Bold. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract, for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, Brenntag Southwest, Inc., of Lancaster, Texas, submitted a bid for an estimated amount of $395,580.00 as shown below: Quantity Description Price/Ton 2000 Dry Aluminum Sulfate $197.79 Tons Estimated Annual cost: Aluminum Sulfate $395,580.000 ;and, WHEREAS, the City Council is of the opinion that the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, for an annual contract, with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract, for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amounts as shown above for an estimated amount of$395,580.00 as shown above 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 Brenntag Southwest, Inc., of Lancaster, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2021. - Mayor Becky Ames -