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HomeMy WebLinkAbout09/22/2021 PACKETBEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET WEDNESDAY, SEPTEMBER 22, 2021 9:30 AM AND RECONVENE AT 1:30 PM FOR THE PUBLIC HEARING AND OTHER REMAINING ITEMS AGENDA CALL TO ORDER Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions -Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda and Items 1-8 * Consent Agenda 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.) A. Approval of the August 31, 2021 City Council Meeting Minutes B. Authorize the City Manager to execute Change Order No. 1 to the contract with Placo, Ltd. for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project C. Authorize the City Manager to enter into a Memorandum of Agreement with the Texas Forest Service for employees approved to participate in the state Incident Management Team program D. Authorize the acceptance of a twenty foot wide Exclusive Water Line Easement for a water meter located at 6701 Twin City Highway E. Authorize the City Manager to execute all documents necessary with the Texas Department of Transportation to accept Highway Safety Grant Program Funds F. Approve a payment for repairs made to a heavy haul dump truck used at the landfill G. Authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Attorney General's Office related to Internet Crimes Against Children Task Force activities H. Approve a resolution designating Bart Bartkowiak and Todd Simoneaux as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program Approve a resolution updating the authorized grant officials for the Southeast Texas Auto Theft Task Force grant Authorize the City Manager to purchase replacement furniture for the Yo floor Emergency Operations Center (EOC) renovation project PUBLIC HEARING Receive comments on the 2021 (FY 2022) proposed tax rate REGULAR AGENDA Consider an ordinance adopting the FY 2022 Budget by a record vote Consider a resolution adopting the FY 2022 Capital Program Consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2021 (FY 2022) 4. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2022 Budget Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2021 5. Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates $1.00 more per month ($19.75 to $20.75) 7. Consider an ordinance denying Entergy Texas, Inc.'s application to amend its Distribution Cost Recovery Factor (DCRF) filed with the City on August 31, 2021 Consider approving multiple contracts for the purchase of traffic marking materials DISCUSSION ITEMS Review and discuss the operations and future plans of the Parks and Recreation Department Receive a status report and get direction on the lighting situation at Complex 4 located at the Athletic Complex Review and discuss possible improvements to the basketball court located at Rogers Park Review and discuss allowing the temporary parking and occupancy of Recreational Vehicles (RV's) within residential districts for family and friends affected by Hurricane Ida Review and discuss adding ]uneteenth to the City's Holiday List Discuss whether or not to move forward with Octoberfest, which is planned for October 16, 2021 COMMENTS Public Comment (Persons are limited to 3 nunUtes) CouncilmemberslCity Manager/City Attorney comment on various matters EXECUTIVE SESSION DN Consider matters related to contemplated or pending litigation in accordance with Section 551.07I of the Government Code; Claim of Tayla Sutton Sierra Nicole Broussard, Individually and As Next Friend of C.L. and C.W. and Tiffany Williams as Next Friend of K.G. and K.G. vs. The City of Beaumont; Cause No. A-205,313 * Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically; Kyle Hayes, City Manager Tyrone Cooper, City Attorney Tina Broussard, City Clerk Craig Lively, Chief Magistrate Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. Ll BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider approval of the August 31, 2021 City Council Meeting Minutes. BEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Mayor Pro Tern AUGUST 31, 2021 Chris ❑urio, 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 August 31, 2021, at the 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 Proclamations, Presentation and Recognitions Public Comment: Persons may speak on Consent Agenda and Agenda Items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Jason Carr, with The Apostolic Church of Beaumont gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Samuel, Councilmembers Durio, Getz, Feldschau and Neild. Absent: Councilmember Turner. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Kenneth Coleman, Public Health Director, update related to COVID-19 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None 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.) A. Approval of the August 24, 2021, City Council Meeting Minutes B. Authorize the City Manager to receive funding through the Department of Homeland Security 2021 Port Security Grant (PSGP) Program — Resolution 21-211 Minutes —August 31, 2021 C. Authorize the City Manager to execute Change Cider No. 2, accept maintenance, and authorize final payment to Chief Solutions, Inc. for the Sewer Evaluation Work Order Contract -Phase II - Resolution 21-212 D. Authorize the settlement of the claim of Buffate Coleman - Resolution 21-213 E. Authorize the settlement of the claim of Woodlands of Beaumont - Resolution 21-214 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones. Staff is recommending changes to the Speed Limits Decreased in School Zones Section 20.03.004. Staff received a request to change the school zone times from Beaumont Independent School District (BISD). All existing school zone times were checked with the schools for accuracy and corrected if necessary. Times are set so that the zones are active 45 minutes prior to the first activity of the day and extend 30 minutes past the first bell. In the afternoon the zones are active 30 minutes prior to the closing bell and for 45 minutes after the closing bell. Approval of the resolution. Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVE RABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember ❑urio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMU EL, COUNCILMEMBE RS DURIO, GETZ, FELDSCHAU AND NEILD MOTION PASSED Ordinance 21-056 Minutes — August 31, 2021 2. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont for the South 231d Street Roadway Rehabilitation Project. The South 231 Street Roadway Rehabilitation Project consists of the removal and replacement of concrete pavement, concrete curb, curb inlets, and other storm sewer structures as called out in the plans. On August 19, 2021, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $174,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Brystar Contracting, Inc. Beaumont, TX $178,641.00 Ram Industrial Construction Lumberton, TX $220,611.37 Norman Highway Constructors, Inc. Orange, TX $227,000.00 SETEX Construction Corp.Beaumont, TX $230,220.70 ALLCO, LLC I Beaumont, TX $279,397.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Brystar Contracting, Inc., in the amount of $178,641.00. A total of 60 calendar days are allocated for completion of the project. Funds will come from the Capital Program and Streets & Drainage. Approval of the resolution. CDuncllmember Getz moved to APPROVE A RESOLUTION THAT THE COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $178,641.00, FOR THE SOUTH 23RD STREET ROADWAY REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS. Councllmember Nelld seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILIVEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-215 3. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont for the debris excavation, loading and hauling work at the Lawson's Canal site off Marina Drive. The Lawson's Canal Reclamation Debris Hauling Phase 11 Project consists of debris excavation, loading and hauling work at the Lawson's Canal site off Marina Drive. This project also has an additive bid item to load, Maul and dispose of concrete barriers along the edge of the road on Marina Drive. Minutes — August 31, 2021 On August 19, 2021, three (3) equipment for the project. The $25,000.00 for the Additive Bid. bids were received for furnishing all labor, materials, and Engineer's Estimate for the Base Bid is $270,000.00 and The bid totals are indicated in the table below: Contractor Location Base Bid Additive Bid Amount Amount Brystar Contracting, Inc. Beaumont, TX $173,000.00 $6,000.00 Ram Industrial Construction Lumberton, $233,000.00 $10,000.00 TX Global Emergency Services, LLC Beaumont, TX $272,774.44 $15,000.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Brystar Contracting, Inc., in the amount of $173,000.00 for the base bid, and in the amount of $6,000.00 for the additive bid, with a total contract amount of $179,000.00. A total of 30 calendar days are allocated for completion of the project. Funds will come from the Water Fund and Contract Services Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE BASE BID AMOUNT OF $173,000.00 AND AN ADDITIVE BID AMOUNT OF $6,000,00, WITH A TOTAL CONTRACT AMOUNT OF $179,000.00, FOR THE LAWSON'S CANAL RECLAMATION DEBRIS HAULING PHASE II PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-216 DISCUSSION ITEM Review and discuss the City's Emergency Management Plan Shaqueena Nobles, Emergency Management Assistant Coordinator, reviewed and discussed the City's Emergency Management Plan, first discussing the legal background of Government Code 418 which requires the city to have a plan, an annual public review of non - sensitive portions of the plan, to post the plan on the city's website, as well as the emergency management personnel contact information being on the emergency management webpage for questions and feedback regarding the plan. There was discussion of the emergency manager involvement, planning, mitigation planning, grant support and training. The emergency notifications and awareness were, discussed as it relates to incident related information that's posted on beaumonttexas.gov public safety website and City of Beaumont Office of Emergency Management Facebook page. The access to online free FIE MA training, emergency planning templates, and other direct links are also posted on the Emergency Management webpage along with cell phone registration. Minutes —August 31, 2021 Outreach on the Emergency Management webpage was also discussed, there are community awareness program available to include: 5kywarn; community active shooter; Emergency information and planning; public safety awareness; shelter -in -place, bomb threats; EOC tours, and general emergency management. PUBLIC HEARING * Receive comments regarding the City's Emergency Management Plan Public Hearing Open: 1:57 p.m. None Public Hearing Close: 1:57 p.m. COMMENTS Public Comments (Persons are limited to three minutes) Alto Watson 2615 Gladys Beaumont TX Commented on the Emergency Management Plan, also commented on planning regarding Riverfront Park as well as comments on the Battleship Texas Christopher Matthews 3875 N. Major ❑r. Beaumont TX Made comments directed to Councilmember Getz, as well as comments regarding the speaker that spoke before him, also made comments regarding a citizen that was appointed to a board by Councilmember Getz Nicholas Hunter 9155 Mapes St. Beaumont TX Commented on Bea umont's population and the fact that there hasn't been any growth, als❑ commented on the Battleship Texas, also asked that the Mayor institute a mask mandate, stated that what the Governor has done is illegal and immoral CouncilmembersJCity Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - ASKED THAT EVERYONE KEEP THE CITIZENS OF LoUISIANA IN THEIR PRAYERS, ANYTHING THAT WE CAN DO TO HELP TO PLEASE DO SO COUNCILMEMBER GETZ - ANNOUNCED ON THURSDAY, SEPTEMBER 2, 2021, AT 2:00 P.M., THE CITY COUNCIL WILL HOLD A JOINT MEETING WITH THE MAYORS HOMELESS COALITION, AT CITY HALL, ASKED EVERYONE TO PLEASE ATTEND, COMMENTED ON THE BATTLESHIP TEXAS ATTENDING THE MEETING ON LAST WEEK AS WELL AS THEIR REQUEST FOR PROPOSAL THAT WAS SUBMITTED TO THE CITY Minutes — August 31, 2021 COUNCILMEMBER TURNER - ABSENT COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED SHERRIFF ZENA STEPHENS FOR HER PUBLIC SERVICE ANNOUNCEMENT URGING EVERYONE THAT ISN'T VACCINATE❑ AND NOT WEARING A MASK TO PLEASE GET VACCINATED AND TO WEAR A MASK, STATED THAT SHE'S ALSO URGING ALL CITIZENS TO PLEASE GET VACCINATED, THE NUMBERS TODAY FROM THE PUBLIC HEALTH DIRECTOR IS 1,083 POSITIVE RESULTS IN ONE WEEK, DOESN'T KNOW WHAT MORE CAN BE SAID OR DONE TO MAKE EVERYONE REALIZE THAT THERE IS A PROBLEM, THE HEALTH DEPARTMENT IS STILL GIVING COVID VACCINATIONS MONDAY THROUGH FRIDAY, IF THERE'S A NEED THERE WILL eE WEEKEND VACCINATIONS GIVEN, ANNOUNCED ON SATURDAY, SEPTEMBER 4, 2021, FROM 6:00 A.M. TO 10:00 A.M., THERE WILL BE FREE COVI❑ VACCINES GIVEN BY THE SARAH STREET WELLNESS GROUP, THERE WILL BE FREE FOOD AND ❑RINKS AS WELL AS LIVE ENTERTAINMENT AT THE L.L. MELTON LOCATE❑ AT 3455 SARAH ST., ASKED THAT EVERYONE PRAY FOR OUR NEIGHBORS IN LOUISIANA, THANKE❑ THE EMERGENCY MANAGEMENT TEAM FOR THE PRESENTATION ON TODAY AND CONGRATULATED THE CVB FOR THE GREAT JOB THEY DO PROMOTING BEAUMONT With there being no Closed Session, Council adjourned at 2.20 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — August 31, 2021 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Placo, Ltd. for the Lift Station & W WTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. t : KCCl1:TI11JZ11L On March 9, 2021, by Resolution 21-056, City Council awarded a contract to Placo, Ltd., of Lumberton, in the amount of $671,493.01, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. Proposed Change Order No. 1, in the amount of $29,816.39, is required to increase the size of the flood barrier at the Tyler Street Lift Station and increase the size of the electrical platforms at the Bennett Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed variable frequency drive (VFD) units to be added to the pump controls. A total of seventy-four (74) calendar days will be added to the contract for delays in equipment delivery due to COVID, and revisions to platform dimensions. If approved, Change Order No. 1 will result in a new contract amount of $701,309.40 with 254 total calendar days to complete the project making the new estimated substantial completion January 12, 2022. FUNDING SOURCE Harvey Fund in the amount of $70,130.94 and Federal Emergency Management Agency (FEMA) in the amount of $631,178.46. RECOMMENDATION Approval of the resolution. RESOLUTION NO.21-056 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Lift Station & WWTP Repairs Tropical storm Harvey Group 2 Lift Stations Project; and, WHEREAS, Placo, Ltd., of Lumberton, Texas, submitted a bid in the amount of $671,493.01; and, WHEREAS, the City Council is of the opinion that the bid submitted by Placo, Ltd., of Lumberton, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Placo, Ltd., of Lumberton, Texas, in the amount of $671,493.01, for the Lift Station & WWTP Repairs Tropical storm Harvey Group 2 Lift Stations Project; and, BE 1T FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Placo, Ltd., of Lumberton, 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 9th day of March, 2021. vzu"Tl / xayor Becky Ames APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One 1 DATE: August 30, 2021 PROJECT: City of Beaumont, Texas Lift 5tatian & WWTP Repairs TTopicaTStorm Harvey Group 2 lih Stations Bid No_ WU0121-11 / FEMA u13512, 13417, 13510 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Placo, Ltd 11939 Leatherwood Drive Lumberton, Texas 77657 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To increase the size of the flood barrier at the Tyler Street Lift Station to avoid a conflict with the existing building tledown clips; and, to increase the size of the electrical pfalforms at the Bennett Lib Station and the Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed variable frequency drive (VFO) units to be added to the pump controls. 0RIGINALCONTRACTAMOUNT- 5 671,493.01 THIS CHANGE ORDER Item Description 1 Mobilization - Additional Bond Premium; ADD $300.110/iump sum $ 300,00 2 Tyler Street Lift 5tation - IItCrea5e the size of the flood barrier; AD 51,538.21/lump sum 5 1.536.21 3 Bennett Street Lift Station - increase the site of the electrical platform including additional footings; ADD $ 13,624.71 $13,624.711lump sum 4 Stonetown Lift Station - Increase the site of the eier:tritaI platform including additional footings; ADD $ 14,333,47 $14,353.47)1ump sum TOTAL AMOUNT OF THI5 CHANGE ORDER: $ 29,815.39 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 701,309.4D CONTRACTTIME Original Contract Time- 180 calendar days Time reques led due to delays in equipment delivery due to COVID, and revisions to platform dimensions 74 calendar days Revised ContractTim e per this Change Order 254 calendar days CONDITION DFCHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time sLipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Acre ed y: Reviewed by- Revl by- o, Amalia Villareal, P.E. a Bartkowiak ' Confr for City Engineer Director of Public Works ) <� ] ,-f.�J Ij and Techh/h oloBBy5ervices Date: 1 [y�L � _ Dale: O�-�'1 4 Date: 7 - 7" Z I 4chaumbReend urg olk, Inc. Engineer Date: Approved by: Kyle Hayes City Manager Date: Attested by: Tina Broussard City Clerk Date! PLAC0%-,Ltd 08-16-2021 (409) 755-3878 P.O. Box 8120 Lumberton.TX 77657 FAX (409) 755-3667 "The Construction Company" City of Beaumont; Water Utilities In Care of Nestor Barreota; Schaumburg & Palk, Inc. 801 Main Street Beaumont, TX 77704 RE: Notice and Request for Change Order Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Bid No: WU0121-11 / FEMA Project #13512, 13477, 13510 Dear City of Beaumont: This letter is to provide Notice to the City of Beaumont of a cost increase and schedule delay. Tyler Street: Cost increase due to addition of lambs to the flood control panel system to avoid angle clips that connect the precast concrete wails of the building to the slab. Materials Increase: $550.26 Labor increase: $787.31 Total Tyler Street Increase: $1,337.587 Sennett Street: Cost Increase due to increased size of structural platform to accommodate larger than anticipated control panel sizes. Materials Increase: $5,605.06 Labor Increase: $2,543.04 Equipment Increase: $2,608.31 Subcontract increase: $1,091.16 Total Bennett Street Increase: $11,847.57 Stonetown: Cost Increase due to increased size of structural platform to accommodate larger than anticipated control panel sixes. Materials Increase: $5,597.06 Labor Increase: $2,543.04 Equipment Increase: $3,247.50 Subcontract Increase: $1,093.68 Total Stonetown Increase: $12,481.29 Total Cost Increase: $25,666.42 Mark Up: $3,949.96 Additional Bond Premium: $300.00 Change order #1 Total: 08-16-2021 (409) 755-3878 P.O. Box 8120 Lumberton.TX 77657 FAX (409) 755-3667 "The Construction Company" City of Beaumont; Water Utilities In Care of Nestor Barreota; Schaumburg & Palk, Inc. 801 Main Street Beaumont, TX 77704 RE: Notice and Request for Change Order Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Bid No: WU0121-11 / FEMA Project #13512, 13477, 13510 Dear City of Beaumont: This letter is to provide Notice to the City of Beaumont of a cost increase and schedule delay. Tyler Street: Cost increase due to addition of lambs to the flood control panel system to avoid angle clips that connect the precast concrete wails of the building to the slab. Materials Increase: $550.26 Labor increase: $787.31 Total Tyler Street Increase: $1,337.587 Sennett Street: Cost Increase due to increased size of structural platform to accommodate larger than anticipated control panel sizes. Materials Increase: $5,605.06 Labor Increase: $2,543.04 Equipment Increase: $2,608.31 Subcontract increase: $1,091.16 Total Bennett Street Increase: $11,847.57 Stonetown: Cost Increase due to increased size of structural platform to accommodate larger than anticipated control panel sixes. Materials Increase: $5,597.06 Labor Increase: $2,543.04 Equipment Increase: $3,247.50 Subcontract Increase: $1,093.68 Total Stonetown Increase: $12,481.29 Total Cost Increase: $25,666.42 Mark Up: $3,949.96 Additional Bond Premium: $300.00 Change order #1 Total: In addition to the cost Increase, Placo seeks a contract extension due to submittal approval delays and design changes. The original construction schedule showed submittals of all critical equipment being approved by June 8, 2021 and ordered immediately thereafter. However, issues surfaced that resulted in design changes to the structures at Bennett and Stonetown, and the modification of control equipment in the control panel at Bennett Street. The original contract complete date of October 290 12021 is being pushed out most significantly by the lead time on the Bennett Street control panel. The submittal was approved July 27`h after adding Hydroranger controllers to the panel, The notice of submittal approval was sent to Placo's representative at Automatic Pump immediately, however, the representative didn't get the control panel released for fabrication prior to getting Covid-19.Our representative just passed away due to the virus, and we are just now getting the control panel ordered. Placo is requesting that the new completion date be January 14, 2022. Siincerely, 00--*4060C Walter Wendler, for John Plaice III Cc: Placo Files Nestor Barroeta, SPl Eng September 2, 2021 Ms. Amelia Villarreal, P.E. City Engineer City of Beaumont 801 Main Street Beaumont, Texas 77701 Re: City of Beaumont Lift Station & WWTP Repairs Tropical Storm Harvey - Group 2 Lift Stations Bid No. WU0121-111FEMA Project #s 13512, 13477, 13510 Dear Ms. Villarreal, Wm -1W am Zal A 5CHAUMBURG E, POLK "a The original design for the Bennett Road LS and the Stonetown LS provided for replacing the existing electrical components with new electrical components on an elevated steel platformlrack. The electrical controls included motor starters of the same design as the existing motor starters. During review of the proposed construction plans we were instructed by the City to install VFD's instead of the conventional motor starters. The addition of the VFD's to the pump control panel required a larger enclosure, which was incorporated into the final electrical design. However, the steel platform design was based on the original smaller Control panel enclosure, and the need for the larger platform to accommodate the larger enclosure was inadvertently overlooked and not revised in the plans prior to bidding. Therefore, the size of the steel platform at the Bennett LS must be increased to 15' x B', and the size of the steel platform at the Stonetown LS must be increased to 13' x 5'. Sincerely,OF -►%x SCHAUMBURG & POLK, INC. 1 * '. ........... BEAVER i JEFFREY G......................... J re eaver, P.E. �1+'$. 60676 ' ; e -Y -.21 RESOLUTION NO. WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-056 awarding a contract in the amount of $671,493.01 to Placo, Ltd., of Lumberton, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project; and, WHEREAS, Change Order No. 1, in the amount of $29,816.39, is necessary to increase the size of the flood barrier at Tyler Street Lift Station and increase the size of the electrical platforms at the Bennettt Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed Variable Frequency Drive (VFD) units to be added to the pump controls, thereby increasing the total contract amount to $701,309.40-1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $29,816.39 for the additional work described above, thereby increasing the total contract amount to $701,309.40 for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. 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. PASSE❑ BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - r JpJ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a Memorandum of Agreement with the Texas Forest Service for employees approved to participate in the state Incident Management Team program. BACKGROUND In 2007, the State of Texas designated the Texas Forest Service, under the A&.M University System, as the lead agency to establish regional incident management teams within the State. These teams are designed to provide expertise to manage and plan for emergencies, events and disasters at the local level. Emergency management has greatly beriefitted from the free training and experience gained from the program. Approval of the Agreement will ensure Beaumont's Emergency Management personnel can continue to participate in the state program and maintain a core of volunteers within our city who can disseminate that expertise to the larger City staff. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Memorandum of Agreement with the Texas Forest Service for participation in the regional Incident Management Team (IMT) Program. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - Memorandum of Agreement Between The Texas A&M Forest Service And Incident Management Team Member And The Participating Employer This Memorandum of Agreement (MOA) is entered into this 21' day of June, 2021 by and between the Texas A&M Forest Service (TFS), a member of The Texas A&M University System and an agency of the State of Texas and Regional Incident Management Team (IMT) Member Tine Ocnaschek (Member) and the Participating Employer Beaumont Police De artment (Employer). I. PURPOSE To delineate responsibilities and procedures for IMT activities performed within or outside of the state of Texas under the authority of the: ■ State of Texas Emergency Management Plan when responding to state all hazards/wildfire response activities. TFS and its Master Cooperative Wildland Fire Management and Stafford Act Response Agreement with the United States Department of Agriculture -Forest Service (USFS), Bureau of Land Management, National Park Service, Bureau of Indian Affairs and United States Fish and Wildlife Service. The federal agencies are collectively referred to herein as "Federal Agencies" when responding to federal all hazardslwildland fire response activities. • The State of Texas through the Emergency Management Assistance Compact (EMAC), Texas Health and Safety Code, Chapter 778 or the South Central Interstate Forest Fire Protection Compact, Texas Education Code, Chapter 98.112 when responding to other states' all hazardslwildland fire response activities. II. SCOPE The provisions of this MOA apply to IMT activities performed at the request of the State of Texas. The scope of this MOA also includes training activities mandated by the State of Texas and TFS to maintain IMT operational readiness. III. PERIOD OF PERFORMANCE This MOA shall commence on the date of the last signature and shall continue for a period of five years, unless terminated earlier in accordance with section IX.B, IV. DEFINITIONS EXHIBIT "A" A. Activation: The process of mobilizing Members to deploy to a designated incident or event site. Upon acceptance of a mobilization request, the Member is required to arrive with all equipment and personal gear to the designated Point of Assembly (POA) within two hours of activation notice. The time at which the Member receives a request for activation and verbally accepts the mission will be considered the time at which personnel costs to be charged to IMT activities shall begin, B. Alert: The process of informing Members that an event has occurred and that a Member may be activated at some point within the next 24-48 hours. C. De -Activation: The process of demobilizing Members upon notification from the State to stand down. D. Director: The Director of TFS. B, Member; An individual who has been formally accepted as an IMT Member, meeting all requirements for skills and knowledge, and is in good standing with regard to compliance with necessary training and fitness. F. Single Resource: An individual who has been formally accepted as an IMT Member, meeting all requirements for skills and knowledge, in good standing with regard to compliance with necessary training and fitness who is not sponsored by an employer and enters into an MOA with TFS. G. Participating Employer: The Member's employer who, by execution of this MOA, has provided official support of the Member's involvement in the IMT Program. H. State: For the purpose of this MOA, the State of Texas through the Texas Division of Emergency Management (TDEM). I. IMT: An integrated collection of personnel and equipment meeting standardized capability criteria for addressing incident management needs during disasters, J. TFS/State Sponsored IMT Training and Exercises: Training and/or exercises performed at the direction, control and funding of TFS and/or the State. K. Local IMT Sponsored Training and Exercises: Training and/or exercises performed at the direction, control and funding of a Participating Employer or Member in order to develop and maintain the incident management capabilities of the Member and/oar the IMT. V. RESPONSIBILITI , S A. TFS shall: 1. Recruit and organize Members according to guidelines prescribed by TFS. 2. Provide administrative, financial and personnel management related to the IMT Program and this MOA. Provide training to Members. Training shall be consistent with the objeotives of developing, upgrading and maintaining individual skills, as identified in the position description requirements, necessary to maintain operational readiness. 4. Provide coordination between the State, federal or other relevant governmental and private entities, Participating Employer and Member, 5. Maintain a primary contact list for all Members. 6. Maintain files on all Members for the purpose of documenting training records, emergency notification and other documentation as required by the State. B. The Participating Employer shall: 1. Maintain a roster of all its personnel participating in the IMT Program, 2. Provide a primary point of contact to TFS for the purpose of notification of IMT activities. 3. Provide administrative support to its personnel participating in the IMT Program, i.e. "time off' when fiscally reasonable to do so for IMT activities such as training, meetings and actual deployments. 4. Submit reimbursement claims within thirty (30) days of official deactivation or completion of TFS/State sponsored IMT training of the Member. Salaries cannot be reimbursed for training. C. Member shall: 1. Be physically capable of performing assigned duties required in the position description requirements for the assigned position, 2. Maintain knowledge, skills and abilities necessary to operate safely and effectively in the assigned position. 3. If the Member is a Single Resource, the Member must submit to background checks consistent with Texas A&M System regulations. Individuals who refuse to submit to backgrounds check will be denied participation in the IMT program. A Single Resource Member must reportto TFS, within twenty-four (24) hours or at the earliest possible opportunity thereafter, any criminal arrests, criminal charges or criminal convictions, excluding misdemeanor traffic offenses punishable only by fine. 4. Maintain support of Participating Employer for participation in IMT activities. 5. Keep Participating Employer advised of IMT activities that may require time off from work, 6. Advise TFS IMT point of contact of any change in notification process, i.e. address or phone number changes. 7. Respond immediately to a mobilization request with acceptance or refusal of current mission request and arrive within 2 hours from time of acceptance of mobilization request to the designated POA. 8. Be prepared to operate in the disaster environment. 9. Follow the IMT Code of Conduct in Attachment A. VI. PROCEDURES A. Activation 1. Upon request from the State or a federal agency for disaster assistance, and/or determination that pre -positioning on IMT is prudent, TFS shall request the activation of an IMT to respond to a designated POA. 2. TFS shall communicate an Alert and/or Activation notice to Members according to the current approved mobilization plan. B. Mobilization, Deployment and Re -deployment 1. TFS will notify Members of activation of an IMT, 2. Upon arrival at the POA, an initial briefing will be provided to include, neaps, food, housing and any other items essential to the initial set-up and support of the IMT. 3. When. an IMT is activated, the IMT, including all necessary equipment, will move to the pre -designated point of departure (POD) for ground or air transportation. 4. The IMT shall be re -deployed to the original POA upon completion of the IMT mission. C. Management 1. TFS will have overall management, command and control of all IMT resources and operations. 2. Tactical deployment of an IMT will be under the direction of the local Incident Commander and the IMT Incident Commander assigned to the incident. 3. TFS may remove a Member from the IMT deployment at any time with or without cause. VII. TRAINING AND EXERCISES A. Local IMT S onsored Trainina and Exercises 4 Periodically Members will be requested or required to attend local IMT sponsored training or exercises, Local IMT sponsored training or exercises shall be performed at the direction, control and funding of the local IMT in order to develop the technical skills of Members. Costs associated with this training or exercises will not be reimbursed by TFS or the State. B. TFS/State S ❑nsored IMT Training and Exercises Periodically Members will be required and/or invited to attend TFS/State IMT training and/or exercises. This training and exercises will be performed at the direction, control and funding of TFS, or the State in order to develop and maintain the incident management capabilities of the Member. Allowable travel costs associated with this training will be reimbursed by TFS. C. Minimum Training Requirements Member will have successfully completed the AHIMT Course 0-305 and be issued a position task book for the IMT ,position toward which they are working to complete. VIH. ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement to Participating Employer 1. TFS will reimburse Participating Employer for all wages identified and allowed in the IMT Standard Pay Policy (Section VIII, Q. TFS will reimburse all amounts necessary to fund allowable payroll associated costs of state and/or federal disaster deployments. TFS will reimburse Participating Employer for the cost of backfilling while a Member is activated. This shall consist of: A. Expenses generated by the replacement of a deployed Member on his/her normally scheduled duty period/day, Backfill costs incurred by the Employer will be reimbursable only to the extent that the costs are in excess of the costs that would have been incurred had the Member not been deployed. TFS cannot pay for hours Backfilled other than those that coincide with a Member's scheduled on -duty hours. Backfill reimbursement is available only for positions that are normally Backfilled by the Employer, B. Reimbursing the Employer for salaries and Backfill expenses of any deployed Member who would be required to return to regularly scheduled duty during the Personnel Rehabilitation Period described in the demobilization oiler. If the deployed Member's regularly scheduled shift begins or ends within the identified Personnel Rehabilitation Period, the Employer may give the deployed Member that time off with pay and Backfill his/her position. If Members use time from a paid leave bank during the Personnel Rehabilitation Period, or if a Member is not normally scheduled to work during the identified Personnel Rehabilitation Period, then no reimbursement will be made for that Member. TFS will determine the Personnel Rehabilitation Period that will apply to each deployment based on the demobilization order for that deployment. 3. TFS will reimburse Participating Employer for reasonable travel expenses associated with Member's travel for IMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide, published by the Comptroller of Public Accounts. 4. TFS will reimburse Participating Employer for reasonable (as determined by TFS) personal costs associated with Member's participation in a deployment. 5. Participating Employer shall submit to TFS all reimbursement requests within 30 days of Member de -activation or completion of TFS/State sponsored training event. B. Reimbursement of Member as an Single Resource X. TFS will pay a Single Resource Member for all wages specified in the IMT Standard Pay Policy (Section VIII, C). 2. TFS will reimburse a Single Resource Member for reasonable (as determined by TFS) travel expenses associated with Member's travel for IMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide, published by the Comptroller of Public Accounts. 3. TFS will reimburse a Single Resource Member for reasonable (as determined by TFS) personal costs associated with participation in a deployment. 4. Single Resource Member must submit to TFS all reimbursement requests within 30 days of de -activation or completion of TFS/State sponsored training event. C. Standard Pay Policy: This section delineates the policy for payment and/or reimbursement of payroll expenses to include salaries/wages and associated fringe benefits incurred during state activations of a Member, Pay Rate A. TFS will reimburse Participating Employer for the participation of each Member who is employed by them at the hourly rate or salary identified on the most current payroll printout provided by the Employer requesting salary reimbursement. TFS may also reimburse Participating Employer for the allocable portion of fringe benefits paid to or an behalf of the Member during the period of activation, The actual benefits paid must also be shown on or attached to the Participating Employer payroll printout submitted to TICS. B. Participating Employer will be reimbursed for hours worked on the deployment by Member, including travel and mobilization time, and will be reimbursed for overtime on the deployment which is calculated per their policies (i.e. either time worked over 8-hours per day or over 40-hours per week). Hours spent not working during the deployment will not be reimbursable (i.e. time sleeping), Mandatory days off' are defined and reimbursable to the extent allowed by the latest version of the Interagency Incident Business Management Handbook. The handbook can be found at this link. l7tt : /WVJW_I74VL'q. avlsitesJdefaulllfIIcs! rod u c t s �V ins 902_ p dF C. TFS will pay a Single Resource, Member at the rate identified with hislher IMT position on the IMT Pay Schedule by Position (see Attachment B). The Single Resource's 40-hour workweek will begin upon acceptance of the mission. The individual will be paid for the first 40 hours at the standard base rate of pay, and at one and one-half (1 !/2) times for all other hours in that same week. The workweek will consist of seven consecutive workdays to include weekends and holidays. Work Periods: Work periods shall be determined by the incident commander. A. Every day may be considered a workday during the Activation until the Activation is over, and the IMT returns to its original PCA. Therefore, Saturday, Sunday, holidays and other scheduled days off may also be considered workdays during the timeframe of activation, if the Member is assigned a work period by the incident commander. 3. Ordered Standby A. Compernsable standby shall be limited to those times when an individual is held, by direction or orders, in a specific location, fully outfitted and ready for assignment, D. Reimbursement Process 1. All requests for reimbursement must be submitted using the most current IMT Travel and Labor Reimbursement Form (Attachment C). TFS will process payment to Participating Employer or Single Resource for all allowable expenses within 30 days of receipt of the properly completed and supported IMT Travel and Labor Reimbursement Form. 3. Neither Member nor Participating Employer will be reimbursed for costs incurred by activations that are outside the scope of this MOA, 4. All financial commitments herein are made subject to availability of funds. E. Medical Care for Injury or Illness IX. 1. If Member incurs an injury or illness during an IMT training exercise or deployment, TFS will pay for triage medical care to ensure Member is properly treated and medically evaluated. TFS will make a determination as to whether the injury or illness was work related and will notify Participating Employer for proper processing of Workers Compensation claim. Participating Employer will be responsible for handling any additional medical care for work related injuries or illnesses under its Worker Compensation insurance. Member will be responsible for handling any additional medical care for non -work related injuries or illnesses under his/her personal health insurance. F. Liability 1. It is mutually agreed that TFS, Participating Employer and Member shall each be responsible for their own losses arising out of the performance of this MOA. G. Employment Status The Member shall remain an employee of Participating Employer and not of TFS at all times. Single Resource is an independent contractor, and not an employee of TFS, 2. TFS has no obligation to make any payments to or on behalf of the Member except as expressly stated in this MOA. Member will not participate in any benefits which TFS offers to its employees. CONDITIONS, AMENDMENTS AND TERMINATION A. This MOA may be modified or amended only by the written agreement of all parties. B. Any party, upon 30 day written notice, may terminate this MOA, C. This MOA is governed by the laws of the State of Texas. Venue for any suits related to this MOA shall be in Brazos County, Texas. X. POINTS OF CONTACT TFS Jon Reese Assistant Chief— All Hazards Response 1900 South F.M. 369 Burkburnett, TX 76354 Tel#; 979-224-8236 e-mail: ion, rcese,r tFs.tainu.edu Member Tim Ocnaschek 825 Lockwood Beaumont 77706 (409)466-5117 tiin.ociiasche4crcubeaUmoiil.texas, ov Partici atin Em la er Beaumont Police Department Attn: James Singletary 255 College Beaumont, Texas 77701 409-880-3801 James,ssngictary((Dbeaumoiittexas, >t ov XI. GENERAL PROVISIONS A. This MOA, with the rights and privileges it creates, is assignable only with the written consent of the parties, 13. Acceptance of funds under this MOA constitutes acceptance of the authority of TFS, the Texas State Auditor's Office, or any successor agency (collectively, "Auditor"), to conduct an audit or investigation in connection with those funds under Section 51.9335(c), Texas Education Cade. Member and Participating Employer shall cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. C. Pursuant to Section 2252.903, Texas Governmmen! Cade, any payments owing to a Single Resource, Member or Participating Employer under this MOA may be applied directly toward certain debts or delinquencies that Member or Participating Employer owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full, D. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under an agreement to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement: "Under Section 231,006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate," E. TFS, Member and Member's Participating Employer shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741,5(a). No party may discriminate against any individual under this MOA on the basis of race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation or gender identity, In addition, the use of state or federal facilities, services and supplies will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, processing of applications, provisions of technical assistance and other relief assistance activities shall be accomplished in an equitable and impartial manner, without discrimination. F. To the extent applicable, Member and Participating Employer shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by Member or Participating Employer that cannot be resolved in the ordinary course of business, Member or Participating Employer shall submit written notice of a claim of breach of contract under this Chapter to TFS's designated official, who will examine the claim and any counterclaim and negotiate in an effort to resolve the claim. G. If this MOA has a value of $100,000 or more and if participating Employer is a cornpany, Other than than a sole proprietorship, with ten or more Ultime employees, then Pursuant to Texas Governmeni Corte § 2271.002, Participaang ,Employer certifies that Participating Employer does not boycott Israel and will not boycott Israel during the term of this MOA. FOr ptUpmes of this provision, "company" and "boycott Israel" have the meanings ,provided in Texas Government Code § sog.001. H. Pursuant to Chapter 2252, Texas Government Code, Participating Employer certifies that PRIlicipating Employer is not engaged in business with Iran, Sudan, or a foreign terrorist Organization, TFS may terminate this MOA if this certification is inaccurate. I. Pursuant to Section 2155.0061, Texas Government Code, Participating Employer and Member each certify that Participating Employer fs not ineligible to enter into this MOA due to financial participation by a person who, during the five-year period preceding the date of this MOA, has been convicted of any offense related to the direct support or promotion of human trafficking, and acknowledges that TFS may terminate this MOA and withhold payment if this certification is inaccurate, �. Member, Participating Employer, and each person signing on behalf of Participating Employer, certifies, and in the ease of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The Texas A&M University System ar the A&M System Board of Regents, nor any employee or person whose salary is payable in whole or in part by the A&M System, has direct or indirect financial interest in the award of this MOA, or in the services to which this MOA relates, or in any of the profits, real or potential, thereof. K. Participating Employer and Member each certify that Member has not been designated by the A&M System as Not Eligible for Rehire as deFned in A&M System Policy 32.62, Section 4, L. Participating Employer and Member each acknowledge that TFS is obligated to strictly comply with the Public Information Act, Chapter 552, Teams Government Code, in responding to any ,request for public information pertaining to this MOA, as well as any tither disclosure: of information required by applicable Texas law. Upon TFS's written request, Participating Employer and Member shall provide specified public information exchanged or created under this MOA that is not otherwise excepted from disclosure under Chapter 552, Texas Government Code, to TFS in a non-proprietary format acceptable to TFS. As used in this provision, "public information" has the meaning assigned in Section 552.002, Texas Government Code, but only includes information to which TFS has a right of access. Participatfng Employer and Member each acknowledge that TFS may be required to Post a copy of the fully -executed MOA on TFS's website in compliance with Section 2261.253(a)(1), Texas Government Code, 10 XII. ENTIRE AGREEMENT This MOA along with the following Attachments reflects the entire agreement between the patties: Attachment A, IMT Code of Conduct Attachment B, IMT Pay Schedule by Position Attachment C, IMT Travel and Tabor Reimbursement Form (most current revision) Participating Employer and Member hereby acknowledge that they have read and understand this entire MOA. All oral or written agreements between the parties hereto relating to the subject matter of this MOA that were made prior to (lie execution of this MOA have been reduced to writing and are contained hereiu. Participating Employer and Member agree to abide by all terms and conditions specified lierein and certify that the infoxTnation provided to TFS is true and correct in all respects to the best of their knowledge and belief, This MOA is entered into by and between the following parties: TEXAS A&M FOREST SERVICE: f XSignature: al -I` - Name: A G. Davis Title; Interim Director Date: PARTICIPATING EMPLOYER Signalure: Name: Title: Date: 4Tii�T,'r1.114j Signature: Name; Date: ATTACHMENT A IMT Code of Conduct • No transporlationluse of illegal drugs/alcohol. • Firearms are authorized to be carried by only current TCOLE certified commissioned officers. • Normal radio protocol used/traffic kept to a minimum. • Know your chain of command/who you report to. ■ Limit procurement of equipment. • Do not take things without authorization, ■ Act professionally. • Remain ready even when unassigned. ■ Recreation limited to unassigned hours, • Maintain/wear safety gear/clothing. • `Near proper uniform. • Remember your actions reflect your organization and the EMT Program. 12 ATTACHMENT B IMT PAY SCHEDULE BY POSITION ICS 1D POSITION TITLE HOURLY RATE COMMAND ICT3 INCIDENT COMMANDER TYPE 3 24 IOF3 INFORMATION OFFICER TYPE 3 24 LOFR3 LIAISON OFFICER TYPE 3 24 PI03 PUBLIC INFORMATION OFFICER 3 24 SOF3 SAFETY OFFICER TYPE 3 24 OPERATIONS DIVS DIVISION/GROUP SUPERVISOR 24 OSC 3 OPERATIONS SECTION CHIEF TYPE 3 24 STL[) STRIKE TEAM LEADER (CREW, ENGINE, DOZER, MILITARY, or TRACTOR -PLOW) 2I TFLD TASK FORCE LEADER 21 PLANNING DMOB DEMOBILIZATION UNIT LEADER 24 PSC3 PLANNING SECTION CHIEF TYPE 3 24 RESL RESOURCE UNIT LEADER 24 SITI, SITUATION UNIT LEADER 24 LOGISTICS COML COMMUNICATIONS UNIT LEADER 24 FACL FACILITIES UNIT LEADER 24 FDUL FOOD UNIT LEADER GSUL GROUND SUPPORT UNFIT LEADER 24 LSC3 LOGISTICS SECTION CHIEF TYPE 3 24 MEDL MEDICAL UNIT LEADER 24 SPUL SUPPLY UNFIT LEADER 24 FINANCE COMP COMPEN(SATIONICLAIMS UNIT LEADER 24 COST COST UNIT LEADER 24 FSC3 FINANCE/ADMINISTRATION SECTION CHII?F TYPE 3 24 •PROC PROCUREMENT UNIT LEADER 24 TIME TIME UNIT LEADER 24 13 ATTACHMENT C MOST CURRENT REVISION OF THE IMT TRAVEL AND LABOR REIMBURSEMENT FORM FOUND UNDER FORMS AT htti)s:/Ytice.tamu.edu/IiicidentResponse/tier3 ahimt.as x u BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty foot (20') wide Exclusive Water Line Easement for a water meter located at 6701 Twin City Highway. BACKGROUND OCI B, LLC has agreed to convey a 509.652 square foot twenty foot (20') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0117 acre tract of land situated in the P. Humphries League, Abstract No. 32, City of Beaumont, Jefferson County, Texas. The easement is for a water meter located at 6701 Twin City Hwy. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, OCI, Beaumont, LLC has agreed to convey one (1) twenty foot (20) wide exclusive water line easement, said easement being a 0.0117 acre tract of land situated in the P. Humphries League, Abstract No. 32, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to facilitate a water meter located at 6701 Twin City Highway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one twenty foot (20') wide exclusive water line easement, said easement being a 0.0117 acre tract of land situated in the P. Humphries League, Abstract No. 32, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, OCI BEAUMONT LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT "1" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2a2I. GRANTOR: OCI BEAUMONT LLC a Texas limited liability company Robert Cleversy, Plant Manager tINTEN"d TONALLY CLEFT BLANK) ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on day of 2021, by Robert Cleversy, Plant Manager of OCI Beaumont LLC, a Texas limited liability company. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 _ TBPE Firm No. F-5755 TBPLS Firm No..10123900 LA EF.0005711 Port Arthur, Texas 71642 SURVEYORS&ENGINEERS Office (409) 983.2004 - s ' Fax (409) 983.2005 EXHIBIT "A" 0.0117 ACRE OF LAND EXCLUSIVE 20' WATERLINE EASEMENT OUT OF THE PELHAM HUMPHRIES LEAGUE ABSTRACT NO.32, JEFFERSON COUNTY, TEXAS BEING 0.0117 acre of land, for utilities easement purposes, out of and a part of The Pelham Humphries League, Abstract No. 32, Jefferson County, Texas: being part of a (Called 19.000) acre tract of land described in a deed to CCI Beaumont, LLC., recorded in File No. 2013032080, Official Public Records, Jefferson County, Texas; said 0.0117 acre tract being more fully described by metes and bounds as follows, to wit; Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a 518" steel rod, capped and marked "WHITELEY", found for the most Westerly corner of the (Called 19.000) acre tract on the Northeasterly right of way line of a dedicated road named State Highway 347 (aka Twin City Highway); said 518" steel rod, being the most Southerly comer of a tract of land described in a deed to The Chemours Company FC, LLC., recorded in file No. 2014032114, Official Public Records, Jefferson County, Texas: having a Texas Coordinate of N: 13950299.83, E: 3537333.10; THENCE, South 51 deg., 43 min., 22 sec., East (Called South 48 deg., 03 min., 02 sec., East) on the Northeasterly right of way line of said State Highway 347 same being the Southwesterly line of the (Called 19.000) acre tract, a distance of 590.98' to a point for corner, being the POINT OF BEGINNING, and the most Westerly corner of the herein described tract; having a Texas Coordinate of N: 13949933.74, E: 3537797.04; THENCE, North 42 deg., 12 min., 34 sec., East, a distance of 26.37' to a point for corner, being the most Northerly corner of the herein described tract; THENCE, South 47 deg., 47 min., 26 sec., East, a distance of 20.00' to a point for corner, being the most Easterly corner of the herein described tract; THENCE, South 42 deg., 12 min., 34 sec., West, a distance of 25.00' to a point for corner on the Northeasterly right of way line of said State Highway 347; same being the Southwesterly line of the (Called 19.000) acre tract and being the most Southerly corner of the herein described tract; from which a 518" steel rod, capped and marked "WHITELEY"; found for the most Southerly corner of the (Called 19.000) acre tract, bear South 51 deg., 43 min., 22 sec., East (Called South 48 deg., 03 min., 02 sec., East) a distance of 294.44'; THENCE, North 51 deg., 43 min., 22 sec., Vilest (Called North 48 deg., 03 min., 02 sec., West), on the Northeasterly right of way line of said State Highway 347; same being the Southwesterly line of the (Called 19.000) acre tract, a distance of 20.05' to the POINT OF BEGINNIG and containing 0.0117 acre of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered Professional Land. Surveyor No. 5481 on July 16, 2021. OCI Beaumont, LLC and City of Beaumont LS-21-0520 RNTN0J.'f 'LEGER rv..5481 �,.... CLIENT; OCLBEAUMONT, LLC / CITY OF HEAUMONT SITE V142m ? U0 NOT TO SCAT R U Y I I+ IVi x a r }9 O� 11 46' G + aO,U117 ACRE OF LWD ` FOR EXCLUSIVE WATERLINE _ crS4 ! EASEMENT PURPOSES PART OF THE I 4— 5 47L47`25` E 20.00' PEMAM HUMPHRIES LEAGUE ABSTRACT NO. 32 f s R JEFFERSON COUNTY, TEXAS Iy a WAp�n®E f POINT OF-s' 10 f BEGINNING H:13ai9a33.74 E:35777g7.c4 R 1 FCUENE0isr�o0 F I 'WHIIELEY _ ��_-Y—S1ERLY S 51'4TI- E 580.Se' Y CAPPED R.-W. UNH A.�• N 51-43.22A W 20,05' S 51'43'22' E 284.44 , (CALLED S 48'03'02' E) (CALLED N Nor W) (CALLEO S 48'03'02' E) POINT OF CONIAENClNG ' STATE HIGHWAY 347 SF� pdp • (A.R,ti TA1N CITY HIGHWAY j CAPPED "WHIF3EY N: 13930290.83 r E: 3537317-10 ❑ - POINT FOR CORNER O.P.R.J.C. .. 919FICIAL PUSLUC RECORDS, JEWERSON COUNTY D1033T dR ar acmes PHOP sonsroea oc"U a TEM The underalgned does hereby corLlfy thel Lhla aurvey was tLls day E1171208! made on LLa ground of She property legally deecrlhed hereon In accordance with She mLnlmum standards of paacllca promulgated by the Texas Baud of Professleael lend B,lrraylna. Thin surv" is certiRad for Uds Srauanetlnn only and is net Lrsmfenbis to eddSLima1 Snetltutlons or aubaequent sNnen. The above tract be1na ]—&Led at (VACANT) STATE HIGHWAY .347_ NFEER1.01) TEXAS 77627 and being deaerlbed m C,.¢1 17 ACRE OF LAND, PART U;hIE PMbN HUMPHRIES LEAGUE, ABSTRACT IO. 12 m racmded in Volume X . Fage(s) l a! the -X - - Racorda of CounLy, Tame. In aaca danea with the Flood lnearanca Haft ]lap of the Federal Rtnerganey 3fanegemsni Agency, map rereraaee shown.. She sub}eoi tr—L Has In Lbe flood acne noted. Location as map Was defm-mined by state. Actual field ele.aljon not datermined, unlaea requested, STEIX OIISURWYORR Inc. doer out war L nor subscribe to Lho accuracy or scale of said map. EXHIBIT "B" ANTHOPi REGISTERED PROFESSIONAL LAND SURVEYOR NO, 54B1 BURvETOR1S NOTM F'FBIA Flood Zone: -_ 1. UEARNGS, OOGRMATES, DISTANCES AND AOREAGE ARE BASED ON TEXAS COORDWATS SYSTEM OF ISM. SOUTH-CENTRAL VNE, U.S. SURWY FEET, REFEREHOEO TO SMARTNET, NA. 2. MAD OF EVEN DATE ACCOMPAIY METES DOUNDA TO SURVET. 3. TEXAS 511-CALL SHOULD 9E DONE RMOR TO ANY GIGGING OR CONSTRUCTION IN CASE OF t ........... lr�' Community Penal NO.: RO UNOEROUND PIPELINES OR UNITIES. � �•. 4AO3A5-8770-C Papal ]Tale: 11/20h991 -'A `��--- 41" 7 OU=hmiArll._,,1--77542 3737 I7octon An,v Project No, 0 21_Q32 Drawn ���- Drm By: SURVEYORS €Y FHGINFFFS TAf aer Pa. mImII5IEon Ta1409.983.2064 Fa�4o9,983.20Oy •oulvcrurveymsmm y�Ty� SI1p• L; BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary with the Texas Department of "Transportation to accept Highway Safety Grant Program Funds. BACKGROUND This grant application will provide funding for a single step grant program which occurs between October 1, 2021 and September 30, 2022 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes. The grant would be in an amount not to exceed $93,850.00 from the Texas Department of Transportation with a City "match" of S27,004.40. FUNDING SOURCE General Fund would pay for the match requirement. RECOMMENDATION Approval of the resolution. City of Beaumont Police Department STEP Comprehensive 2022 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Beaumont hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Govern mentfTransit District. AUTHORITY_ Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2022. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number_ 20.600 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 Unique Entity Identifier (UEI) : FAIN: 18X9204020TX22 69A37522300004020TX0 Project Title_ STEP Comprehensive This project is Not Research and Development Grant Period_ This Grant becomes effective on 1010112021 or on the date of final signature of both parties, whichever is later, and ends on 09/3012022 unless terminated or otherwise modified. Total Awarded: $120,864.40 Amount Eligible for Reimbursement by the department: $93,850.00 Match Amount provided by the Subgrantee: $27,004.40 2022-Beaumont-S-1 YG-00084 Printed On: 9/7/2021 Page 1 of 31 IF r City of Beaumont Police Department STEP Comprehensive 2022 FOR RE-NTEN ONLY -'YOT A LEGAL DOCUMENT GENERAL IIti'FOR3LALTION Project Tide:STEP Comprehensive Project Description: Program Elements When performing enforcement activities under this grant officers should make the enforcement of the STEP elements listed below their top priority, although any traffic -related probable cause can be used to initiate a vehicle stop 1_ DV4'I : DrMng While Intoxicated 2. Speed Speed Enforcement 3. OR Occupant Protection (Safety Belt and Child Safety Seat) 4. ITC: Intersection Traffic Control 5. DD: Distracted Dri«ng Holliday Periods Enforcement actKities under this grant may be conducted on any days at any time of day the agency deems appropriate. However, subgrantee should make it a priority to conduct enforcement acth�hes during state and federally determined holiday periods, which are: 1. Cbristmas! ew Year's 2_ Spring Break 3. Memoriai Day 4. Independence Day 5. Labor Day STEP Mobilization Calendar is available on eCirautsHeip page X Agency agrees to enforce the above Program Elements and Holiday Periods as part of the Selective Traffic Enforcement Program 2022-Beaumont-S-1YG-00084 Printed On: 9/7/2021 Page 2 of 31 RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and receive federal reimbursement grant funding in an amount not to exceed Ninety -Three Thousand Eight Hundred Fifty and 00/100 Dollars ($93,850.00) pursuant to the project titled "STEP Comprehensive Fiscal Year 2022" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty -Seven Thousand Four and 401100 Dollars ($27,004,40) as its portion of the costs for the project titled "STEP Comprehensive Fiscal Year 2022" which is for the period of October 1, 2021 to September 30, 2022; 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 of the City of Beaumont be, and he is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP Comprehensive Fiscal Year 2022" and take such action as necessary to implement the project which occurs between October 1, 2021 to September 30, 2022; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Ninety - Three Thousand Eight Hundred Fifty and 00/100 Dollars ($93,850.00) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP Comprehensive Fiscal Year 2022" project recognizing the City's contribution match of Twenty -Seven Thousand Four and 401100 Dollars ($27,004.40), 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 September, 2021. - Mayor Robin Mouton - F F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution approving a payment for repairs made to a heavy haul dump truck used at the landfill. BACKGROUND On November 24, 2020, City Council had a work session concerning the repairs of three dump trucks. During that work session, it was estimated that each of the three units would cost about $102,000 for the repairs for a total of $306,000. The Solid Waste Fund budgeted a total of $400,000 to cover these repairs. Repairs of the first unit were approved by City Council on April 6, 2021, in the amount of S 106,05 6.67. The second unit was approved by City Council on May 11, 2021, in the amount of $110,701.78. The third unit has been repaired, with the following payment now due. Unit 5091 is a 2004 Caterpillar 725 Articulating Heavy Haul Dump Truck, with 9,184 hours prior to repairs. Repairs consisting of a total re -hose, re -harness, transmission and under -carriage repairs, that were completed by Mustang Cat of Houston, in the amount of $201,252.27. The transmission and undercarriage had hidden damages not detected in the original estimates. A new truck would cost approximately $365,000, This work came with a 36 month12,000 hour warranty. The unit is used at the landfill to haul dirt and continually cover debris, to comply with TCEQ regulations. Mustang Cat is a Sole Source Vendor. FUNDING SOURCE Solid Waste Fund, RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $201,252.27 to Mustang Cat, of Houston, Texas, a sole source vendor, for repairs to a 2004 Caterpillar articulating heavy haul dump truck for the Solid Waste Division for use in hauling dirt and cover debris at the landfill in compliance with TCEQ regulations. 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 September, 2021. - Mayor Robin Mouton - D� BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Attorney General's Office related to Internet Crimes Against Children Task Force activities. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention, The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. The Memorandum of Understanding would make resources and training available to the Police Department, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAO) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 618711 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - Daou5lgn Envelope ED: 50FBB205-BF8A-IC51-AFA2-EFFCCC18El4A Memorandum of Understanding OAG Contract No. This Memorandum of Understanding ("MOU") is executed between the Parties identified below, for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be referred to in this contract individually as "Party" or collectively as "Parties." Section I Parties Beaumont P01iCe Department ("Department") The Office of the Attorney General of Texas ("OAG") Section 2 Mission of the OAG The ICAC Task Force Program, created by the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a national network of state and local law enforcement cybercrime units tasked with combating teohnology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi - jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force," The OAG is a recipient of an OJJDP ICAC grant, The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force, The mission of the bAG's ICAC Task Force is to; (1) properly investigate and prosecute those who sexually exploit children through the use Of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. Section 3 Term of MOU This MOU shall be effective on September 30, 2024 October 1, 2021 Section 4 Purpose of the MOU and will continue in effect until The purpose of this MOU is to formalize the working relationship between the OAG and the Department, This MOU delineates the responsibilities and expectations of the Parties. By signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary ICAC MOU Page I of 4 EXHIBIT "A" DocuSfgn Envelope 1D: 50F9a205•BFSA-4C57•AFA2-EFFCCC18EI4A purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAO Task Force, the Department will benefit from joint operations and extensive training opportunities. By entering into this MOU, the OAG will benefit from the investigative support by the Department. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. Section 5 Investigations All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with, other OAG ICAC Task Force members. Investigations will follow guidelines established by each Party's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. Section 6 Department's Duties and Responsibilities The Department will ensure the following activities: A. Only sworn Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations trust receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the Department's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations, Additional case initiations may develop from subject interviews, documented public sources, direct obseivations of suspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative tiles including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the Department with controlled access to all equipment, software, and investigative files. At a minimtun, ICAC MOU Page 2 of 4 ❑ocuSIgn Envelope to 60 13 8 20 5-B FMA 057-AFA2-EFFCCCI8El4A information should be maintained in locked cabinets and under control of the Department ICAC Task Force personnel, with restricted access to authorized personnel only. F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities,. and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and iindercover operations utilized by the ICAO Task force. Section 7 Supervision; Compliauce with Regulatory and Licensing Bodies The Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The Department agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The Department agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. Section 8 No Employment Relationship with the OAG; Liability The Department expressly agrees that there is no employment relationship between the Department and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the Department be considered an employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG, To the extent allowed by law, the Department is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. Section 9 Reporting Statistics Using the reporting form provided by the OAG, the Department shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the tenth (loth) calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, the Department shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticemendtraveler) case investigated by the Department. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 OocuGi n Envelope f0:60FBB205-BFBA-4C6T-AFA.2-EFFCC C18EI4A Section 10 Training The. Department shall make investigators designated as ICAC Task Force members available for applicable specialized training provided thrmigh the national ICAC program and other appropriate training programs. The Department will support the on -going training needs of its investigators to maintain their competency and currency. Section 11 Confidentiality It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 12 Termination of MOU Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice to the other Party at least thirty (30) calendar days in advance of the effective date of such termination, The OAG may terminate this MOD for cause for the following reasons that include, but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of Department to report statistics to the OAG, failure of Department to adhere to national ICAC prograin's Operational and investigative Standards, or failure of Department to exercise reasonable efforts to support the on -going training needs of its investigators to maintain their competency and currency. Section 13 Signatures The Parties stipulato and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. Office of the Attorney General Attorney General or designee Authorized Official ICAC MOU Page 4 of 4 Certificate of Completion Envelops Id-, 60FB8205BFBA4C57AFA2EFFCGCIBE14A Subject; ICAC MQU - Beaumont Police Department, OAG Contract no. 2213981-01 Template 1D: Source Envelope: Document Pages: 8 Signatures: 0 Certificate Pages; 7 InNials: 0 AuloNav: Enabled Envelopsld Stamping: Enabled Time Zone: (UTC-08100) Central Tlme (US & Canada) Record Tracking Status; Original 8119/2021 10:19:48 AM Signer Evenie Michael Neill michael.nolil@oag.texas.gov Office of the Attorney General of Texas Security Level: Email, Account Authenlicallon (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Trey Morales [rey,momles@oag.taxas.gov Asset Forfeiture Manager Office of the AVDmey General of Texas Security Level: Email, Account Authenllcallon (None) Electronic Record and Signature Disclosure: Not Offered via ❑ocuSlgn Jason Anderson Jaso n.An ders on @o ag-texas. g ov Criminal Investigations Division Chlef Office of the Attorney General of Texas Security Level: Email, Account Authanllcutlon (Nana) Electronic Record and Signature Disclosure-, Not Offered via DocuSlgn Heather Myore Heathor.Myers@aag.Iexar..gov Office cf I h a Attorney General al` Texas Signing Group: General Counsel, Contracts Securlly Level: Email, Account AuthenlinaVon (None) Electronic Record and Signature disclosure: Accepted; 9124/2019 9:55:24 PM ID: 6 32bgab0-dgaB - 4 a6g-92c6-db95f703 a 36 f Holder: Michael Neill Mlchael,Nalli@oag,tax-as.gov Signature Completed Using lP Address; 204.64.56.14 Completed Using IP Address: 2D4,64,56.14 Completed Using iP Address: 204.64,60.212 Completed Using IP Address; 104.54,197,123 Signed using mobile DocuSigry Status: Sent Envelope Originator: Michael Neill PO Box 1254B Austin, TX 78711-2548 Michael.Nelll@oag,toxes.gov 1P Address: 204.64,56,14 Location: DocuSlgn Tirnestamp Sent: WI9/2021 10-20:08 AM Viewed; 811912021 10.20,23 AM Signed: 0/1912021 10:20-.29 AM Sent: 9/19/2021 10:20:013 AM Viewed: 6/19/2021 10:42:00 AM Signed: 1511912021 10:42:04 AM Sent Bit 912021 10:42:06 AM Viewed; 8/20/2021 9,35:38 AM Signed: 8120/2021 9:37:10 AM Sent: a12012021 9:37:12 AM Vlewed: B12012021 6:28:32 PM Signed: 812012021 6:28:39 PM Signer Events Signature Tlmestamp Michael Neill Completed Sent: 812012021 9:37:12 AM Michael.Nel11Qoag,texas,gov Viewed: 8/2012021 2:50:40 PM Office of the Attorney General of Texas Signed: 8120/2021 2:50:44 PM Signing Group: Financial Llllgadon - FLO Attorney Using IP Address: 204.64,66.14 Review Security Love1: Email, Account Au[he ntication (None) Elm ctfonlc Record and Signature Disclosure: Not Offered via ❑ocu5lgn 13renLDupre Completed 5an1:8120i2021 5'.28.41 PM l9rent,Dupr@0ag.texa9,gov Viewed: 8123=21 10:06:26 AM 01rector of Law Enforcement Signed: OM12021 10:06;31 AM SecurlLy Level: Email, Account Au than tic atlon Using IP Address: 204,64,50.212 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn Captain Chris Schuldl Completed sent: 8/23/2021 10:06:34 AM chds.schuldL@beaumonitexas.gov Resent: 91212021 9:16:67 AM Security Level: Email, Account Authen0calion Viewed: 912J2021 9:50:18 AM (None) Using IP Address: 9B.6.105,34 Signed: 9/2/2021 9:53:11 AM Electronle Record and Slgnatura Disclosure: Accepted: 91212D21 9;50:13 AM to: e362D863,961d-4f53-ba1b-1e2tt2575fd9 Josh Reno Sent 912/2021 9:63:15 AM Josh.reno@oag.texas.gov Deputy Altorney General for CrlminaI Justice office of the Attorney General of Texas Security Level: Email, Account Authenllcatlon (None) Electronic Record and Slgnatura Disclosure; Not Offered via ❑ocuSign Assi, Chtof Jlm Clay Sent: 9/212021 9:53:15 AM j im ,clay® beau mo ntlexe s,g ov Security Level: Email, Account Au the nlication (Nano) Electronic Record and Signature Disclosure: Accepted: 9/26/2018 2:51:12 PM ID:e31b2B10-b370-42a2-939a-7357441cb91 In Person Signer Events Signature Timestamp iEditor Delivery Events Status. Timestamp . Agent Delivery Events Status Tlmestamp Intermediary Delivery Events Status Tlmestamp Certified Delivery Events Status Tlmestamp Carbon Copy Events Status -Tlmestamp Carron Copy Events GCD Contracts GC DC antra cis @oag.tax a s.gov GCD Contracts office of the Attorney General Security Laval: Emal1, Account Aulhenllcation (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn Jo Anne Osborn JoAnne.Osborn@oag.texas.gov Security Level: Email, Account Authenticalion (None) Electronic Record and Signature Disclosure: Not offered via Docu5lgn Cody Smirl C od y,S mlrl @oag.lexes,g o v Security Level; Emall, Account Authentication [None] Electronic Record and Signature Disclosure: Not Offered via DeruSlgn Mogan De La Rosa Mogzn.DeLaRosa@oag.texzs.gov Security Level: Email. Account Au the nUGatic n (None) Electronic Record and Signature Dlscfoaure: Nat Offered via Docu5lgn Status OPIED Witness Events Signature Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed[Enerypted Payment Events Status Electronic Record and Signature Disclosure Timestamp S90 01912021 10:42:D5 AM Timestamp Timestamp Tlmestamps BI1912021 1D:20:08 AM Tlmestamps Eledroaic Record and 3lgnalure Disclosure created an: 4/1/2018 4,34,18 PM Parties agreed to; Healher Myers, Captaln Chris SchuId1, Asat. Chlef Jlm Glay CONSUMER DISCLosvRE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign., Inc, (DocuSign) electronic signing system. 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By checking the 'I agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and I cart print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Office of the Attorney General as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, And other documents that are required to be provided or made available to me by Office of the Attorney General during the course of my relationship with you, BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution designating Bart Bartkowiak and Todd Simoneaux as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. BACKGROUND The Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from Hurricane Harvey for infrastructure assistance. On June 25, 2019, by Resolution No. 19-129, City Council authorized the City Manager to execute all documents necessary to apply for and accept funding from the Texas General Land Office (GLO) for the CDBG Recovery Program. The GLO requires the City to have at least two authorized signatories for contractual and financial documents, In addition to the City Manager, by this resolution, City Council authorizes Bart Bartkowiak to execute contractual documents and Todd Simoneaux to execute financial documents. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-129 BE 1T 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 fending from the Texas General Land Office for the Texas Community Development Block Grant Disaster Recovery Program in an amount up to $9.861,717.00 for infrastructure Improvement projects relating to damages from Hurricane/TS Harvey; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept funding from the Texas General Land Office for the Texas Community Development Block Grant Disaster Recovery Program in an amount up to $9,861,717. 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 25th day of June, 2019. 0 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Bart Bartkowiak is designated as an authorized signatory to execute contractual documents to apply for and receive funding relating to the Texas Land Office (GLO) Texas Community Development Block Grant Disaster Recovery Program; and, BE IT FURTHER RESOLVED THAT Todd Simoneaux is designated as an authorized signatory to execute financial documents to apply for and receive funding relating to the Texas Land Office (GLO) Texas Community Development Block Grant Disaster Recovery Program 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 September, 2021. - Mayor Robin Mouton - 1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary. Chief of Police MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution updating the authorized grant officials for the Southeast Texas Auto Theft Task Force grant. BACKGROUND The City of Beaumont has been the grantee agency for the Southeast Texas Auto Theft Task Force since 1993. On June 15th of this year, City Council authorized the FY2022 grant application, which has since been awarded. The Motor Vehicle Crimes Prevention Authority (MVCPA) requires the council resolution to name authorized officials for the grant. Personnel changes within the police department were made that require the resolution to be updated — naming Lt. ❑nafre Tyler as the new Program Director, FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime 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 motor vehicle burglary and theft; and, WHEREAS, City of Beaumont has agreed that in the event of loss or misuse of the grant funds, City of Beaumont assures that the grant funds will be returned in full to the Motor Vehicle Crime 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 Kyle Hayes, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED THAT ❑nafre Tyler, Lieutenant, is designated as the Program Director and Todd Simoneaux, Chief Financial Officer, 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 22nd day of September, 2021. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to purchase replacement furniture for the YJ floor Emergency Operations Center (EOC) renovation project. BACKGROUND The EOC will be undergoing a renovation project for the large classroom on the Yd floor. Currently the furniture that is being used is old and obsolete. Fifty (50) new tables and one hundred twenty (120) new chairs will be purchased from Hernandez Office Solutions, of Nederland, Texas in the amount of S59,662.00. Pricing was obtained through the Omnia Partners contract, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Omnia complies with State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVE❑ BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of furniture for use by the Emergency Operations Center (EOC) from Hernandez Office Solutions, of Nederland, Texas, in the amount of $59,662.00 through the Omnia Partners 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. PASSE❑ BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - PUBLIC HEARING * Receive comments on the 2021 (FY 2022) proposed tax rate BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council hold a Public Hearing on the 2021 (FY 2022) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. A public hearing is required if the proposed tax rate of $0.705000/$100 exceeds the lower of the no new revenue tax rate (SO .6475821$100) or the voter approval tax rate (S0.7063221$100). The proposed tax rate exceeds the no new revenue tax rate by $0.0574185100 or 8.86%. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was posted an the cable channel 4 and in the newspaper on August 12, 2021, in addition to being posted on the website August 12, 2021. FUNDING SOURCE Not applicable. RECOMMENDATION Hold a Public Hearing on the proposed tax rate, 1 September 22, 2021 Consider an ordinance adopting the FY 2022 Budget by a record vote BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider an ordinance adopting the FY 2022 Budget by a record vote. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted in accordance with the Texas Local Government Code. Should the Council take no final action in accordance with the Texas Local Government Code, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760 provides that if the tax rate exceeds the no new revenue tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body, If the tax rate vote fails, then the lower of the no new revenue tax rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote, In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the no new revenue tax rate, the no new revenue maintenance and operations tax rate, the voter approval tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. The FY 2022 Budget was submitted to Council on August 10, 2021 and reviewed during a work session on August 24, 2021. A public hearing was also held on August 24, 2021, which met the requirements of the Charter and state law. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2021, and ending September 30, 2022; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit "A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That Exhibit "A" made a part hereof for all purposes is hereby adopted, ratified and approved as the operating budget document of the City of Beaumont. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2 02 1, and ending the 30th day of September, 2022, and the several amounts stated in Exhibit "A" as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 3. That the sums indicated are appropriated from the following schedule of funds: a. General $139,895,900 (includes $1.5 million contingency) b. Debt Service $17,697,900 C. Water Utilities $52,242,900 d. Solid Waste $12,970,500 e. Hotel Occupancy Tax $3,859,300 f. Municipal Airport $1,027,400 g. Municipal Transit $11,322,500 h, Other Special Revenue $10,858,$94 i. Capital Reserve $9,724,800 j. Fleet Management $9,677,700 k. Employee Benefits $25,360,200 I. General Liability $914,200 Section 4. That the City Manager is hereby authorized to transfer budgeted funds from one line item to another line item provided the transaction is not an inter -fund transfer. 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 in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. ^�ar_tinn R 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 22nd day of September, 2021. AYES: NAYS- - Mayor Robin Mouton - CITY OF BEAUMONT, TEXAS Fiscal Year 2022 PROPOSED ANNUAL OPERATING BUDGET October 1, 2021 - September 30, 2022 City Council Robin Mouton, Mayor Albert "AX Turner, At -Large Randy Feldschau, At -Large Taylor Neild, Ward Mike Getz, Ward 11 Audwin M. Samuel, Ward III Charles Durio, ward IV Kyle Hayes, City Manager In accordance with Local Government Code Sec. 102.005(b): This budget will raise more revenue from property taxes than last year's budget by $6, 000,000 or 1 '1.2% and included in that amount $1 ,005,852 is tax revenue to be raised from new property added to the tax roll this year. EXHIBIT "A" 2 September 22, 2021 Consider a resolution adopting the FY 2022 Capital Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution adopting the 2022 Capital Program. BACKGROUND Article V1, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code." The Capital Program was originally submitted to Council on May 14, 2021, It was submitted to Council on August 10, 2021, with the Budget and reviewed during a work session on August 24, 2021. A public hearing was also held on August 24, 2021. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the 2022 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A." The Capital Program was originally submitted to Council on May 14, 2021 with a public hearing held on August 24, 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 22nd day of September, 2021. - Mayor Robin Mouton - BEAUMONT T E X A S August 10, 2021 City Council: The proposed Capital Program for Fiscal Years 2022-2026 is hereby submitted. The Capital Program is a plan prepared annually to provide for physical development within the City of Beaumont. The City Charter requires the submission of the Capital Program to Council three months prior to the final date for submission of the budget, which is August 15th of each year. The Program is adopted with the annual operating budget. The Capital Program includes a listing of all Public Works, General Improvements and Water and Sewer improvement projects along with project descriptions and cost estimates. Public Works includes street and drainage projects; General Improvements include general municipal buildings; facility and park improvements. Water and Sewer includes all projects related to water and sewer infrastructure. Projects are classified in two phases: design or construction, or projects for consideration. A project classified in the design or construction phase is currently under design or construction or is projected to be within the recommended time schedule. Projects classified as for consideration includes projects that will be considered in the future as funding becomes available. Some projects in this category have been designed or have some costs incurred such as the acquisition of rights -of -way or real property. All available funding sources are considered including Certificates of Obligation, grant funding from various agencies, Water and Sewer Revenue Bonds, other financing methods and available cash. The City normally issues Certificates of Obligation (CO's) on an as needed basis, to provide sufficient cash flow for active Public Works and General Improvement projects. The City routinely issues Water Revenue Bonds for Water and Sewer projects on an as needed basis. This type of bond is serviced utilizing revenues from water and sewer customers. Dly of Beaumont EXHIBIT "A" FY22 Budget Through projects in the Capita! Program, the City of Beaumont strives to enhance the duality of life for its residents. This plan represents our best effort to identify projects that provide the greatest benefit to the citizens of Beaumont. Respectfully Submitted, Kyle Hayes City Manager City of Beaumont 223 FY22 Budget PUBLIC WORKS PROJECTS Design or Construction Phase City Wide Ditching Program Fourth Street - US 69 to Ashley Storm Water Pipe Inspections and Point Repairs Street Rehabilitation Program Thread Needle Outfall Rehabilitation Pro'ects for Consideration Avenue A - Washington to College Broadway - ML King Jr. Parkway to 11 th Carroll Street and Sycamore Street Doucette Avenue - Sycamore Street to Van Buren Avenue Dowlen - College to IH-10 East Lucas - Magnolia to Pine Gladys Street - IH-10 to Dowlen Highland Avenue - US 69 to Euclid Jim Gilligan - ML King Jr. Parkway to Jimmy Simmons Laura Addition Drainage Improvements Neches Street - ML King Jr. Parkway to College Street Park Street - ML King Jr. Parkway to College Street Phelps Road and Downs Road Drainage Improvements Pointe Parkway North Recommended Estimated Time Schedule Cost FY 2022 $ 2,000,000 7,000,000 1,000,000 8,000,000 4,000,000 1,900,000 1,400,000 1,700,000 1,400, 000 29,900,000 600,000 3,500,000 3,800,000 1.500,000 1,000,000 2,400,000 2.500,000 1,000,000 4, 800,000 Note - Unless otherwise noted, all projects would he financed through Certificates of Obligation. City of Beaumont 224 FY 2022 - 2026 FY22 Budget GENERAL IMPROVEMENT PROJECTS Estimated Design or Construction Phase Cost Fleet Facility Parking Lot Improvements $ 2,500.000 [1] Riverfront Park Improvements 28,150,000 [2] Property Located at 555 Main Street 6,000,000 Proiects for Consideration Lake District Restroom Facility 375,000 Large Airport Hangar 1,725,000 New Dag Parks 460.000 New'T' Hangar 2,400,000 [11 Funded with available rash and bond proceeds. Work to be done in phases. [2) Funded 90% by FEMA and 10% by the City with remaining bond proceeds. Note - Unless otherwise noted, all projects would be financed through Certificates of Obligatlon or available cash. Recommended Time Schedule City of Beaumont 225 FY22 Budget WATER AND SEWER PROJECTS Design or Construction Phase Estimated Cost Water Proiects Dead End Flushing $ New Raw Water Delivery Line New Raw Water Pump Station Pine Street Water Production Plant Chemical Improvements Pine Street Water Production Plant South Basin Sludge Drain Rehabilitation Pine Street Treated Water Resiliency Line - Engineering Services Water Line and Fire Hydrant lnstallationlReplacement Water Production System - Repairs Sewer Protects Assessment of Sewer Collection System Phase II - City Wide Harriot Lllt Station Rehabilitation Lift Station Repairs Sewer Main Rehabilitation Spindletop, Forrest and Long, French Road, ML King Jr. Parkway, and Verone Street Lift Station Rehabilitation Wall and Avenue C Lift Station Rehabilitation Wastewater Treatment Plant Pump Replacement and Renewal Wastewater Treatment Plant SIudge Dewatering Phase 11 (Drying Bed Rehabilitation Phase 1) Water and Sewer for Street Projects TxDCT IH-1u1Hwy 69 Cardinal Interchange TxDQT IH-101Hwy 69 Eastex Interchange [11 Federal runding has been awarded In the amount of $9.8 million. [21 Funded 90% by FEMA and t01A by the City with available cash or Water and Sewer Revenue Bands. [3] Funded 100% by TxdaT Note - Unless olhePMse noted, all projects would be financed through Water and Sewer Revenue Sands andlorAmerican Rescue Plan Funds. City of Beaumont 226 150,000 16,000,000 [i] 22.500,000 [21 1,250,000 750,000 525,000 1,000,000 1,400,000 650,000 2,000,000 300,000 7.400.000 1,100, Doo 2,200,000 1,150.000 650,000 2,375,000 13] 2,500,000 [31 Recommended Time Schedule FY 2022 FY22 Budget WATER AN❑ SEWER PROJECTS Projects for Consideration Water Projects Bunn's Canal Rehabilitation Dishman Tank Chlorine Booster System Lawson's Pump Station Pump Redundancy Loeb Groundwater Treatment Plant Sulfur Treatment Marina Drive Raw Water Transmission Line Rehabilitation Northwest Elevated Storage Tank Rehabilitation Orange Street Water Main Rehabilitation Pine Street Water Production Plant Des]udging Project Pine Street Treated Water Resiliency Line - Construction Pine Street Water Line 1 Replacement Pine Street Water Line 2 Replacement Pine Street Water line 3 Replacement Pine Street Water Line 4 Replacement Pine Street Water Line Resiliency Inspections Prison Ground Storage Tank Rehabilitation South Elevated Storage Tank Rehabilitation West Side Water Treatment Plant Estimated Cost $ 1,000,000 400.000 200,000 750,000 100,000 1,450,000 250,000 2.500.000 4,700,000 6,000,000 2,100,000 3,600,000 4,700, 000 400,000 900,000 1,300,000 100, 000, 000 I11 Recommended Time Schedule FY 2022 - 2026 City of Beaumont 227 FY22 Budget WATER AND SEWER PROJECTS Projects for Consideration (Cont'd) Sewer Projects Assessment of Sewer Collection System Phase ill - City Wide Florida Avenue Interceptor Phase II Lift Station Electrical Improvements Sewer Trunk Line Rehabilitation Wastewater Treatment Plant Automatic Transfer Switches Wastewater Treatment Plant Chlorine Contact Chamber Wall Rehabilitation Wastewater Treatment Plant Drying Bed Rehabilitation Phase I I Wastewater Treatment Plant Headworks Degritter Wastewater Treatment Plant High Flow Detention Pond Wastewater Treatment Plant High Flow Station Flow Monitoring Wastewater Treatment Plant - Pond No. 2 Rehabilitation Wastewater Treatment Plant- Pond No. 3 Rehabilitation Wastewater Treatment Plant Road Repairs Water and Sewer for Street Projects Dowlen - College to jH-10 Pointe Parkway North j1] CoBG Funds are being applied for with a 1 % match requirement, up to $100 million Note - All projects would be rinanced through Waler and Sewer Revenue Bonds andlorAmerican Recue Plan Funds Recommended Estimated Time Schedule Cost FY 2022 - 2026 650,000 1,400, 000 600,000 3,000,000 1,100,000 1,600,000 1,000,000 1.500.000 5,250.000 300.000 3.600.000 1,850,000 600,000 4.000.000 650,000 City of Beaumont 228 FY22 Budget PUBLIC WORKS PROJECTS AVENUE A — WASHINGTON TO COLLEGE The section of Avenue A, from Washington to College, is a two-lane; two-way collector roadway that has reached the end of its useful life and has many pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $1,900,000. BROADWAY — ML KING JR. PARKWAY TO 11TH This section of Broadway Street reached the end of its useful life and has many pavement failures_ The roadway will receive an asphalt overlay. The estimated cost for the project is $1,400,000. CARROLL STREET AND SYCAMORE STREET The section of Sycamore and Carroll, from Buford to Fulton, is a four -lane; two-way Collector roadway that has reached the end of its useful life and has many pavement failures. This section of roadway will receive concrete repairs and an asphalt overlay. The estimated cost for the project is $1,700,000. CITY WIDE DITCHING PROGRAM The City of Beaumont owns, operates, and maintains 316 miles of drainage ditches. The Ditching Program will be an annual project to clean and reshape drainage ditches and to clean out culverts. The estimated cost for the project is $2,000,000 per year and will allow for yearly maintenance on approximately 20% of drainage ditches owned by The City. DOUCETTE AVENUE — SYCAMORE STREET TO VAN BUREN AVENUE The section of Doucette Avenue, from Sycamore Street to Van Buren Avenue, is a two-lane, one- way residential roadway. This section has reached the end of its useful life and is beginning to experience pavement failures_ This section of roadway will receive curb and gutter repairs, base repairs and an asphalt overlay. The estimated cost for the project is $1,400,000. DOWLEN - COLLEGE TO IH-10 The extension of Dowlen Road, to south of College, is needed to provide an additional north/south corridor in the developing southwest area of the City. Specifically, it will extend from College to IH- 10. This project will consist of the construction of a concrete curb and gutter roadway and installation of storm sewer lines, inlets, manholes, city utilities, and sidewalks_ The estimated cost for the project is $29,900,000. The cost for water infrastructure is shown under Water and Sewer Projects. EAST LUCAS — MAGNOLIA TO PINE The section of East Lucas, from Magnolia to Pine, is a two-lane, two-way collector roadway that currently has a pavement width of twenty -fine (21) feet with two ten and a half (10.5) foot travel lanes. This section of roadway will receive a pavement widening to allow for two eleven and a half (11.5) foot travel lanes as well as an asphalt overlay. The estimated cost for the project is $600,000_ City of Beaumont 229 FY22 Budget FOURTH STREET — US 69 TO ASHLEY The section of Fourth Street, from US 69 to Calder, is a four -lane Major Arterial, and from Calder to Ashley, is a two-lane roadway. The roadway has reached the end of its useful life and has many pavement failures. Fourth Street will receive an asphalt overlay. The estimated cost for the project is $7,000,000. GLADYS STREET - IH-10 TO DOWLEN The section of Gladys Street, from iH-10 to Edson, is a four -lane concrete curb and gutter roadway. The section from Ldson to Dowlen, is a two-lane asphalt roadway with curb and gutters. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of Gladys will receive an asphalt overlay. The estimated cost for the project is $3,500,000. HIGHLAND AVENUE — US 69 TO EUCLID The section of Highland Avenue, from US 69 to Euclid, is a four -cane Arterial roadway. This section has reached the end of its useful life and has many pavement failures. Highland Avenue will receive an asphalt overlay_ The estimated cost for the project is $3,800,000. JIM GILLIGAN -- ML KING JR. PARKWAY TO JIMMY SIMMONS The section of Jim Gilligan, from ML King Jr. Parkway to Jimmy Simmons, is a four -lane Arterial roadway. This section has reached the end of its useful life and is beginning to experience pavement failures_ This section of roadway will receive an asphalt overlay. The estimated cost for the project is $1,500,000. LAURA ADDITION DRAINAGE. IMPROVEMENTS The streets that make up the Laura Addition in Beaumont are Chambless Drive, Theresa Street, Bun Street, and Ammie Street. This area is in need of improvements to the drainage infrastructure. The estimated cost for the project is $1,000,00D. NECHES STREET— ML KING JR. PARKWAY TO COLLEGE STREET The section of Neches Street, from ML King Jr. Parkway to College, is a two-lane; two-way Collector roadway that has reached the end of its useful life and has many pavement failures. This section of roadway will receive curb and gutter repairs, base repairs and an asphalt overlay. The estimated cost for the project is $2,400,000_ PARK STREET ML KING JR. PARKWAY TO COLLEGE STREET The section of Park Street, from ML King Jr. Parkway to College, is a three -lane; one-way Arterial roadway that has reached the end of its useful life and has many pavement failures. This section of roadway will receive curb and gutter repairs, base repairs and an asphalt overlay. The estimated cost for the project is $2.500,000. C1tyaf Beaumont 230 FY22 Budget PHELPS ROAD AND DOWNS ROAD DRAINAGE IMPROVEMENTS This section of Phelps Road and Downs Road, from Fannett to Tyrrell Park is in need of improvements to the drainage infrastructure. The estimated cost for the project is $1,000,000, POINTE PARKWAY NORTH Pointe Parkway North will directly tie into Northwest Parkway and provide a direct interconnection with Highway 105. The project will include the construction of a curb and gutter roadway, storm sewer infrastructure, water and sewer infrastructure and sidewalks. The estimated cost for the project is $4,800,000. The cost forwater and sewer infrastructure is shown under Water and Sewer Projects. STORM WATER PIPE INSPECTIONS AND POINT REPAIRS The City of Beaumont owns, operates, and maintains 421 miles of storm water lines. The Storm Water Pipe Inspection and Point Repair Program will be an annual project to inspect, clean and perform point repairs on large trunk line storm sewers maintained by the City of Beaumont to promote drainage. The estimated cost for the project is $1,000,000 per year. STREET REHABILITATION PROGRAM Improvements will be identified on an annual basis. Improvements may include concrete curb and gutter repairs; concrete pavement repairs; and asphalt overlay projects. The City will spend an estimated $8,000,OOD per year. THREADNEEDLE OUTFALL REHABILITATION Installed in 1927, the Threadneedle ❑utfall, located in the southeastern portion of the city, originates at the west end of Euclid Street, runs south along Avenue A to Threadneedle Street where it turns east, ultimately terminating at the Neches River marsh on the east side of ExxonMobil. Over the years, due to settlement of the ground, a point repair and lining of the 72' line, within the boundaries of the Exxon MobiI property, are needed to restore integrity and promote design. City of Beaumont 231 FY22 Budget GENERAL IMPROVEMENT PROJECTS PROPERTY LOCATED AT 555 MAIN STREET The land is approximately 3.68 acres and will allow for the City to develop the site which may include expanding Riverfront Park; providing public spaces; and may facilitate the development of restaurants and retail. The existing building will be demolished; the parking lot will be removed, and the site will be improved to allow for green spaces and various public amenities. The City Council will decide the priorities and next steps regarding what amenities and improvements are constructed. All costs and improvements are planned to be paid for with cash. FLEET FACILITY PARKING LOT IMPROVEMENTS The concrete paving and driveways have reached the end of their useful life and have been experiencing numerous pavement failures. This project consists of a reconstruction of parking lot areas, drive access, and the addition of a storm water collection system. The estimated cost for the project is $2,500,000; however, the project will be conducted in phases. Different phases of this project would be paid for with available cash or financed through Certificates of Obligation. LAKE DISTRICT RESTROOM FACILITY Construct a new men's and women's restroom facility on the north side of the Centennial Playground located in the Lake District area. The proposed project would consist of a single use men and women restroom; concrete sidewalk; new sewer manhole; fence modifications; plumbing; and electrical. This facility will be designed to fit within the current design criteria of the Event Centre and the take Side Center. The estimated cost for the proposed restroom facility is $375,000. This project would be funded out of the Capital Reserve Fund LARGE AIRPORT HANGAR Construct one 11,995 square foot clear -span pre-engineered large box hangar to accommodate private aircraft. The proposed improvements would include the metal building; large hangar door; concrete foundation; concrete access apron; electrical; fire detection; minimal landscaping; and engineering fees. The estimated total cost for the large hangar is $1,725,000. This project would be paid for with cash or financed through Certificates of Obligation. NEW DOG PARKS One location has been identified for a future dog park and Council may consider placing a dog park at two other locations within the City. The proposed improvements would include fencing; water fountains; waste stations; sidewalks; and signage. The estimated total cost for the three new dog parks is $460,000. This project would be paid for with cash or financed through Certificates of Obligation. City of Beaumont 232 FY22 Budgei NEW "T" HANGAR Construct one ten -unit "T" hangar to accommodate the storage of ken small private aircraft_ The proposed improvements would include a pre-engineered metal building; bi-fold hangar doors; concrete foundation; fire detection; electrical; concrete taxi lanes; one fire wall; and landscaping. The estimated cost for the ten -unit "T" hangar is $2,400,000. This project would be financed through Certificates of Obligation., RIVERFRONT PARK IMPROVEMENTS The City is working with FEMA and the Corp of Engineers on stabilizing the shoreline along Riverfront Park, which was substantially damaged as a result of Hurricane Harvey. The estimated cost for the stabilization is $28,150,000. This project will be primarily paid for with funding from FEMA and the difference is projected to be paid from Certificates of Obligation that were issued in 2011 The City is also planning to construct pedestrianlbike paths, landscaping and lighting improvements. City or Beaumont 233 FY22 Budget WATER AND SEWER PROJECTS - DESIGN OR CONSTRUCTION ASSESSMENT OF SEWER COLLECTION SYSTEM PHASE II — CITY WIDE Develop and implement a multiyear program for achieving and sustaining compliance with TCEQ and U.S. EPA requirements for control of sewer overflows from the collection system_ Phase li includes flow monitoring and development of a hydraulic model. The estimated cost for the project is $650,000. DEAD END FLUSHING Federal and State regulations require the City of Beaumont to maintain chlorine residual in the water distribution system. The dead-end lines in the system are required to be flushed on a monthly basis to aid in maintaining the required disinfectant residual and protecting public health and safety. The estimated cost for the project is $150,000 per year. HARRIOT LIFT STATION REHABILITATION This project will provide for improvements at the Harriot Lift Station. Improvements will include electrical, controls, and pumps_ The estimated cost for the project is $2,000,000, LIFT STATION REPAIRS The City of Beaumont owns, operates, and maintains 77 sewer lift stations throughout the City. This project will rehabilitate deteriorated stations that require constant maintenance. The estimated cost forth e project is $300,000 per year. NEW RAW WATER DELIVERY LINE If the New Raw Water Pump Station is built, a new raw water line will need to be constructed from the pump station to the Water Production Plant located on Pine Street near Interstate 10_ The estimated cost of this project (construction and engineering) is $16,000.000. The City has applied for federal funding in the amount of $9.8 million to be used towards the cost of this project. Water Revenue Bonds will pay for the project if federal funds are not approved and will make up any difference between federal funds that may be provided and the total project cost_ NEW RAW WATER PUMP STATION A new 45 MGD (million gallons per day) Pump Station would be constructed near Pine Street and Colliers Ferry Park. A new pump station is necessary in order to have a more resilient raw water source from the Neches River, The Lawson Pump Station, as well as the Loeb Pump Station, failed during Hurricane Harvey due to flooding. This new pump station would be constructed an higher ground and serve as the City's main pump station for raw water. The estimated cost of this project (construction; engineering and special services) is $22,500,000. The City is trying to secure funding and approval from FEMA (Federal Emergency ManagementAgency) to pay for most of the project. Water Revenue Bonds will pay for the project if FEMA funds are not approved and will make up any difference between FEMA funds that may be provided and the total project cost. City of Beaumont 234 FY22 Budget PINE STREET WATER PRODUCTION PLANT CHEMICAL IMPROVEMENTS This project will improve chemical treatment at the Pine Street Surface Water Treatment Plant. This project will include additional caustic storage capacity to meet TCEQ requirements and will replace the polymer dosage system. The estimated cost for the project is $1,250,000. PINE STREET WATER PRODUCTION PLANT SOUTH BASIN SLUDGE DRAIN REHABILITATION This project will rehabilitate the clarifier basin sludge drain piping and valves at the Pine Street Surface Water Treatment Plant. The estimated cost for the project is $750,000. PINE STREET TREATED WATER RESILIENCY LINE — ENGINEERING SERVICES This project is required before the resiliency inspection. This project will construct an additional transmission line from the Pine Street Surface Water Treatment Plant and add four isolation valves on other lines near the plant. The line is approximately 3,500 linear feet and 42' in diameter. The estimated cost for the engineering services for the project is $525,000. SEWER MAIN REHABILITATION The City of Beaumont awns, operates, and maintains 743 miles of sewer lines that range in size from 6 to 72 inches. Some of these lines were built in the early 1950's and have exceeded their life expectancy. This project will aid in rehabilitating 60,000 linearfeet of sewer pipe per year for a five- year period. The estimated cost for the project for fiscal year 2022 is $7,400,000. BPI NDLETOP FORREST AND LONG FRENCH ROAD ML KING JR. PARKWAY AND VERONE STREET LIFT STATION REHABILITATION This project will provide for the rehabilitation of five sewer lift stations. They are the Spindletop, Forrest, Long, ML King Jr. Parkway, and Verone Street lift stations. The estimated cost for the project is $1,100,000. WALL AND AVENUE C LIFT STATION REHABILITATION This project will provide for the construction of a new control building at the Wall and Avenue C lift station, and installation of all new electrical equipment, new submersible sewage pumps, and modification to the existing wet well structure. The existing control equipment, located inside the existing dry pit, will be removed and salvaged. The estimated cost for the project is $2,200,000. WASTEWATER TREATMENT PLANT PUMP REPLACEMENT AND RENEWAL This project will provide for the replacement of six pumps and five motors at the Wastewater Treatment Plant that deteriorated and need major repairs. The estimated cost for the project is $1,1501000. City of Beaumont 235 FY22 Budget WASTEWATER TREATMENT PLANT SLUDGE DEWATERING PHASE II (DRYING BED REHABILITATION PHASE I) Drying Bed Rehabilitation Phase I will reconstruct four of the existing sludge drying beds, including new concrete walls, media, and underdrain piping. The estimated cost for the project is $650,000. WATER LINE AND FIRE HYDRANT INSTALLATION I REPLACEMENT The City of Beaumont owns and operates 865 miles of water lines. Sixty percent of the water lines have shown signs of deterioration. This project will replace approximately 20,000 linear feet of water line per year. The estimated cost for the project is $1,000,000 per year. WATER PRODUCTION SYSTEM — REPAIRS The City owns, operates, and maintains a water system that consists of canals, deep wells, booster pump stations, water treatment equipment and a complex control system which requires constant maintenance, repairs, and replacements. The estimated cost forth project is $1,400,000. WATER AND SEWER FOR STREET PROJECTS TxDOT IH-101HWY 69 CARDINAL INTERCHANGE The Texas Department of Transportation (TxDOT) will rebuild the main lanes and feeder roads of Interstate 10 (1H-10) from Walden Road to the Hollywood Ave overpass, and Highway 69 (Hwy 69) from IH-10 to Fannett Road. The Notice of Required Accommodation (NO RA) From TxDOT dated December 15, 2020, confirms that the City must adjust any conflicting water and sewer facilities, and the City is eligible for reimbursement for these costs. The estimated cost for this project is $2,375,000. TxDOT IH-101HWY 69 EASTEX INTERCHANGE The Texas Department of Transportation (TxDOT) will rebuild the main lanes and feeder roads of Interstate 10 (1H-10) from the Hollywood Ave overpass to 7th Street, and Highway 69 (Hwy 69) from IH-10 to Delaware Street, The City has not received a Notice of Required Accommodation (NORA) for this project yet, but one is anticipated soon. The estimated cost for this project is $2,500,000, City of Beaumont 236 FY22 Budget WATER AND SEWER PROJECTS FOR CONSIDERATION ASSESSMENT OF SEWER COLLECTION SYSTEM PHASE III — CITY WIDE Develop and implement a multiyear program for achieving and sustaining compliance with TCEQ and U.S_ EPA requirements for control of sewer overflows from the collection system. Phase III includes additional flow monitoring and calibration of the hydraulic model. The estimated cost for this project is $650,000. BUNN'S CANAL REHABILITATION This project will provide for levee and canal repairs to Bunn's Canal. Bunn's Canal is the intake canal for Lawson's Pump Station that provides raw water to the Pine Street Surface Water Treatment Plant. The estimated cost for this project is $1,000,000. ❑ISHMAN TANK CHLORINE BOOSTER SYSTEM This project would add chlorine treatment to the Dishman Elevated Storage Tank. This project is dependent on the results of the chemical improvements at the Loeb Groundwater Treatment Plant. The estimated cost for the project is $400,000. FLORIDA AVENUE INTERCEPTOR PHASE N The Florida Avenue Interceptor was constructed in 1947. Phase II is approximately 2,400 linear feet consisting of 21, 24 and 27-inch concrete pipe. The interceptor extends from the Florida Avenue Lift Station to University Drive. This project was initiated due to failing joints, and a large number of cavities in the existing concrete pipe causing infiltration of storm water, interrupting service, increasing the number of overflows and impacting the Florida Avenue Lift Station's efficiency. The estimated cost for the project is $1,400,000_ LAWSON'S PUMP STATION PUMP REDUNDANCY This project will increase redundancy at Lawson's Pump Station by adding an additional pump. The estimated cost for the project is $200,000. LIFT STATION ELECTRICAL IMPROVEMENTS The City of Beaumont owns, operates, and maintains 77 sewer lift stations throughout the City. This project will update outdated electrical control systems on Piney Point and Mulberry. The estimated cost for the project is $600,000. LOEB GROUNDWATER TREATMENT PLAINT SULFUR TREATMENT This project would add a sulfur removal treatment system to the Loeb Groundwater Treatment Plant. The estimated cost for the project is $750,000. City of Beaumont 237 FY22 Budget MARINA DRIVE RAW WATER TRANSMISSION LINE REHABILITATION This project will rehabilitate the pipe near Marina Drive that provides raw water to the Pine Street Surface Water Treatment Plant, The estimated cost for the project is $100,000, NORTHWEST ELEVATED STORAGE TANK REHABILITATION This project will rehabilitate the interiorand exterior of the Northwest Elevated Storage Tank located near East Lucas and Harding Street. The estimated cost for the project is $1,450,0DO- ORANGE STREET WATER MAIN REHABILITATION This project will rehabilitate a 20-inch water line crossing railroad tracks near Orange Street. The estimated cost for the project is $250,000. PINE STREET WATER PRODUCTION PLANT DESLUDGING PROJECT This project will install a desludging unit at the Pine Street Surface Water Treatment Plant. The clarifier basin sludge currently discharges to the collection system. This project will improve the collection system downstream and prevent blockages from sludge build-up. The estimated cost for the project is $2,500,000. PINE STREET TREATED WATER RESILIENCY LINE - CONSTRUCTION This project is required before the resiliency inspection. This project will construct an additional transmission line from the Pine Street Surface Water Treatment Plant and add four isolation valves on other lines near the plant. The line is approximately 3,500 linear feet and 42" in diameter. The estimated cost for construction of the project is $4,700,000. PINE STREET WATER LINE'I REPLACEMENT This project is dependent on the resiliency inspections. Line 'I is tied directly to the Pine Street Surface Water Treatment Plant. The line is approximately 4,800 linear feet and 42" in diameter. The estimated cost for the project is $6,000,000. PINE STREET WATER LINE 2 REPLACEMENT This project is dependent on the resiliency inspections. Line 2 is tied directly to the Pine Street Surface Water Treatment Plant. The line is approximately 2,100 linear feet and 30" in diameter_ The estimated cost for the project is $2,100.000. PINE STREET WATER LINE 3 REPLACEMENT This project is dependent on the resiliency inspections. Line 3 is located between Isla Avenue and McFaddin Avenue. The line is approximately 3,600 linear feet and 30" in diameter. The estimated cost for the project is $3,600,000. City of Beaumont 238 FY22 Budget PINE STREET WATER LINE 4 REPLACEMENT This project is dependent on the resiliency inspections. Line 4 is located between Pine Street and N MIL King Jr. Parkway. The line is approximately 5,200 linear feet and 24' in diameter. The estimated cost For the project is $4,700,000. PINE STREET WATER LINE RESILIENCY INSPECTIONS This project will inspect the four main water transmission lines near the Pine Street Surface Water Treatment Plant. The estimated cost for the project is $400,000. PRISON GROUND STORAGE TANK REHABILITATION This project will rehabilitate the interior and exterior of the Prison Ground Storage Tank located north of TDCJ. The estimated cost for the project is $900,000, SOUTH ELEVATED STORAGE TANK REHABILITATION This project will rehabilitate the interior and exterior of the South Elevated Storage Tank located near Sabine Pass and Harriot Street. The estimated cost for the project is $1,300,00D. SEWER TRUNK LINE REHABILITATION The City of Beaumont owns, operates, and maintains 743 miles of sewer lines that range in size from 6 to 72 inches. This project will aid in rehabilitating a portion of a major trunk line. The estimated cost for the project is $3,000,000. WASTEWATER TREATMENT PLANT AUTOMATIC TRANSFER SWITCHES This project will replace the existing manual transfer system for both generators at the plant with a medium voltage and a low voltage automatic transfer switch, including the installation of a prefabricated building to house the new equipment. The estimated cost for the project is $1,100,000, WASTEWATER TREATMENT PLANT CHLORINE CONTACT CHAMBER WALL REHABILITATION This project will consist of a full re -coating of the chlorine contact chamber walls at the Wastewater Treatment Plant. The estimated cost for the project is $1,600,000. WASTEWATER TREATMENT PLANT DRYING BED REHABILITATION PHASE Il This project will reconstruct six of the existing sludge drying beds, including new concrete walls, media, and underdrain piping. The estimated cost For the project is $1,000,000. WASTEWATER TREATMENT PLANT HEADWDRKS DEGRITTER This project will add a ciegritter system to the front of the Wastewater Treatment Plant to increase the life expectancy of equipment at the plant_ The estimated cost for the project is $1,500,000. City of Beaumont 239 FY22 Budget WASTEWATER TREATMENT PLANT HIGH FLOW DETENTION POND This project will add a detention pond upstream of the Wastewater Treatment Plant for additional capacity during heavy rain events. The estimated cost for the project is $5,250,000. WASTEWATER TREATMENT PLANT HIGH FLOW STATION FLOW MONITORING This project will add flow monitoring equipment to the high flow station at the Wastewater Treatment Plant. it will aid in analysis during rain events. The estimated cost for the project is $300,000. WASTEWATER TREATMENT PLANT - POND NO.2 REHABILITATION This project will remove accumulated solids, re -grade pond bottom, and install new aeration equipment. The estimated cost for the project is $3,600,000. WASTEWATER TREATMENT PLANT - POND NO.3 REHABILITATION This project will remove accumulated solids, re -grade pond bottom, and install new aeration equipment. The estimated cost for the project is $1,850,000. WASTEWATER TREATMENT PLANT ROAD REPAIRS The roads inside the Wastewater Treatment Plant were constructed in the early 1950's. The roads have reached the end of their useful life and are beginning to experience pavement failures due to major construction projects inside the plant. The roads will receive an asphalt overlay. The estimated cost for the project is $600,000. WEST SIDE WATER TREATMENT PLANT A new water treatment plant to be located on the west side of Beaumont and outside of flood prone areas would treat surface water provided by the LNVA. The plant would be designed to provide 15 million gallons per day with the ability for the plant to be scaled up in the future, if needed. Once online, this plant would replace the Loeb ground water treatment plant. The estimated cost for this project is $100,000,000. The City plans to submit a grant application to the State of Texas, General Land Office, for up to $100 million, with the City's match requirement at 1 % or $1 million. The City's portion would be paid for out of available fund balance or water revenue bonds. If approved, land acquisition; engineering services; grant administration and project management expenses will be paid for out of the total amount awarded. City of Beaumont 240 FY22 Budget WATER AND SEWER FOR STREET PROJECTS DOWLEN -- COLLEGE TO 1H-10 This project will replace approximately 650 linear feet of water lines with all related appurtenances. In addition, this project will extend 16,500 linear feet of water and 16,500 linear feet of sanitary sewer lines to serve proposed future developments. The estimated cost for the project is $4,000,000. POINTE PARKWAY NORTH The project will install approximately 3,050 linear feet of 10, 15, 24-inch sanitary sewer lines and 3,350 linear feet of 6 and 8-inch water lines with all related appurtenances. The estimated cost for the project is $660,000. City of Beaumont 241 FY22 Budget Outstanding Debt Relative to the assessed value of property within the Beaumont city limits, the outstanding general obligation debt has ranged between a high of 3.39% at 10/01/2013 and a low of 2.39% at 10101/2020. Outstanding Assessed Debt Debt Value Ratio 10/01/11 176,840,050 6,753,396,435 2.62% 10/01/12 194,680,500 6,785,451,898 2.86% 10/01/13 231,093,050 6,824,647,428 3.39% 10/01/14 225,874,150 6,891,134,490 3.28% 10/01115 217,504,350 6,935,933,700 3,14% 10/01/16 209,874,250 7,209,192,016 2.91% 10101/17 203,806,150 7,426,450,851 2.74% 10/01/18 206,201,550 7,479,695,163 2.75% 10/01 /19 198,471,550 7,669,216,149 2.59% 10/01/20 188,981,550 7,883,980,459 2.39% As a percentage of total general government expenditures (General Fund and Debt Service), annual tax supported debt service payments have ranged from 12.10% to 13.76% during the period FY 2014 through FY 2021. Debt Service as a Percent of General General Fiscal Government Debt Service Government Year Expenditures Payments Expenditures 2014 $ 114,418,452 $ 15,742,308 13,76% 2015 113,908,102 15,654,777 13.74% 2016 116,482,347 15,270,220 13.11 % 2017 118,023,177 15,492,617 13,13% 2018 121,607,820 16,114,225 13.25% 2019 128,615,969 17,148,620 13.33% 2020 130,119,204 17,149,922 13.18% 2021 (est) 131,940,700 15,972,400 12,10% City of Beaumont 242 FY22 Budget IC September 22, 2021 Consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2021 (FY 2022) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2021 (FY 2022). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 26, 2021, in the amount of $8,820,063,981. Based on this taxable value, a property tax rate of $0.7051S100 valuation for the tax year 2021 (FY 2022) is proposed, which is one half cent less than the current tax rate, The tax rate would be apportioned $0.512449/$100 assessed valuation to the General Fund and $0.1925515100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.86% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $63." FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2021 (FY 2022); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson Central Appraisal District has furnished to the City of Beaumont the certified appraisal roll for the City of Beaumont as of July 26, 2021 to be $8,820,063,981.00; and, WHEREAS, the City Council finds that the appraisal roll submitted by the Jefferson Central Appraisal District should be accepted and that a tax rate in the amount of $0.705 per each $100 of value for the tax year 2021 (FY 2022) should be established based upon said roll; and, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.86 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $63; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Cnr+inn '7 That the tax roll submitted to the City Council by the Jefferson Central Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be $8,820,063,981.00 is hereby approved and accepted by the City of Beaumont. Cor+inn q That there shall be and is hereby levied and shall be assessed and collected for the tax year 2021 (FY 2022), for municipal purposes only, an ad valorem tax rate of $0.705 on each $100 worth of property value located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.5124491$100 Debt Service Fund $0.1925511$100 Cnr+inn d 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. Con+inn A 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. PASSE❑ BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. AYES: NAYS- - Mayor Robin Mouton - September 22, 2021 Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2022 Budget BEAUMONT TExAs TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2022 Budget. BACKGROUND Section 102.007 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $0.71 per $100 assessed will decrease by one half cent for a new tax rate of $0.705 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $6,000,000 more than FY 2021. Of this amount, S 1,005,852 is attributable to new property added to the tax roll this year. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2022 BUDGET. WHEREAS, the proposed FY 2022 budget will raise more total property taxes than last year's budget by $6,000,000.00 or 8.86%-, and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Ronfinn 1 THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $6,000,000.00 be and the same is hereby, by separate vote, ratified. 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 AMP PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - 5 September 22, 2021 Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2021 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider amending Section 22.02,001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2021. BACKGROUND On July 27, 2021, Council had a work session to discuss water and sewer rates and the need to increase those rates to maintain the required minimum fund balance per the financial policies as approved by Council within the Budget each year. As operating costs within the fund continue to rise due to inflation and employee increases, it is necessary to increase the revenues of the fund as well. The additional revenue generated by the increase will be used to offset the expected increases in operational costs while maintaining the required fund balance. Based on rates inside the city limits for a 5/9" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.12 per month from $22.45 per month to $23.57 per month_ Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $3.32 per month from $66.40 per month to $69.72 per month. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Meter Size/Inches 518 1 1 1/2 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Meter Sizellnches 518 1 1 112 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Water/Sewer Rate Increase October 1, 2019 Minimum Monthly Rates Water Inside City Outside Cil Current Proposed Proposed Rate Rate Rate $ 13.69 $ 14.37 $ 21.56 15.17 15.93 23.89 16.64 17.47 26.21 20.77 21.81 32.71 42.19 44.30 66.45 51.15 53.71 80.56 92.21 96.82 145.23 126.81 133.15 199.73 174.50 183.23 274.84 217.55 228.43 342.64 Minimum Minimum $ 4.63 $ 4.86 Sewer Inside City Current Proposed Rate Rate Minimum $ T29 Outside City Proposed Rate $ 8.76 $ 9.20 $ 13.80 8.90 9.35 14.02 9.05 9.50 14.25 9.83 10.32 15.48 11.12 11.68 17.51 16.29 17.10 25.66 26.71 28.05 42.07 32.63 34.26 51.39 44.51 46.74 70.10 56.35 59.17 88.75 Minimum Minimum $ 4.16 $ 4.37 Minimum 6.55 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001(a) and (b) AND 22,02.002(a) and (b) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Ccrfinn 'I That Chapter 22, Article 22.02, Section 22.02.001(a) and (b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.001. Water service rates. (a) Effective October 1, 2021, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph (b) of this section. Meter Size/inches Water/Sewer Rate Increase October 1, 2021 Minimum Monthly Rates Water Inside City Outside Cib Rate Rate 518 $ 14.37 $ 21.56 1 15.93 23.89 1 112 17.47 26.21 2 21.81 32.71 3 44.30 66.45 4 53.71 80.56 6 96.82 145.23 8 133.15 199.73 10 183.23 274.84 12 228.43 342.64 Usage Rate First 1,000 Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 4.86 $ 7.29 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.86). Section 2. That Chapter 22, Article 22.02, Section 22.02.002(a) and (b), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.002. Wastewater service rates. (a) Effective October 1, 2021, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg11lb) except as provided in paragraph (b) of this section. Water/Sewer Rate Increase October 1, 2021 Minimum Monthly Rates Sewer Inside City Outside City Meter Size/inches Rate Rate 518 $ 9.20 $ 13.80 1 9.35 14.02 1 112 9.50 14.25 2 10.32 15.48 3 11.68 17.51 4 17.10 25.66 6 28.05 42.07 8 34.26 51.39 10 46.74 70.10 12 59.17 88.75 Usage Rate First 1,000 Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 4.37 $ 6,55 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.37). Section 3. This ordinance shall be effective from and after October 1, 2021. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City 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 .0•711 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - September 22, 2021 Consider amending Section 22.05.21 1 of the Code of Ordinances to increase garbage rates $1.00 more per month ($]9.75 to S20.75) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider an ordinance amending Section 22.05.211 of the Code of Ordinances to increase garbage rates $1.00 more per month ($19.75 to $20.75). BACKGROUND On July 27, 2021, Council had a work session to discuss the garbage collection rates and the need to increase those rates to .maintain the required minimum fund balance per the financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates increased operational costs due to inflation and employee increases as well as increased capital expenses in FY 2022. To comply with rigid TCEQ requirements, the City must maintain sufficient, reliable and operational heavy equipment needed to cover the landfill operations on a daily basis. The FY 2022 Budget anticipates the procurement of three grappler trucks, one tub grinder and one front end loader. The new vehicles and equipment are all replacements and have a projected cost of 51,706,900. The proposed rate increase of SLOO per month (519.75 to 520.75) will help fund the purchase of these capital items and is also necessary to ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(b)(1)(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT- Section 1. THAT Chapter 22, Sections 22.05.211(b)(1)(A) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.05.211 Residential service (b) Garbage and trash rates. No rate adjustment will be made for temporary non-use of service. Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) percent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 22.05.007(c) or for vacant lots except as provided in section 22.05.062. If a business is located in a part of a residence, a collection services fee shall be charged for each connection to the city's water system. The following monthly rates apply for collection services: (1) The monthly rates for standard collection services shall consist of the following elements: (A) Garbage and trash collection: $20.75. A 10% discount to the garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. Section 2. 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. Car-tinn 'I That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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 the City of Beaumont, Texas. 4Z artinn F This ordinance shall be effective October 1, 2021. 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 September, 2021. - Mayor Robin Mouton - OA September 22, 2021 Consider an ordinance denying Entergy Texas, Inc.'s application to amend its Distribution Cost Recovery Factor (DCRF) filed with the City on August 31, 2021 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider an ordinance denying Entergy Texas, Inc.'s application to amend its Distribution Cost Recovery Factor (DCRF) filed with the City on August 31, 2021. BACKGROUND On August 31, 2021 Entergy Texas, Inc. (Entergy) filed an application to amend its Distribution Cost Recovery Factor (DCRF) with the Cities in its service area and simultaneously with the Public Utility Commission of Texas (PUCT). Entergy's current DCRF tariff was set to collect approximately $26.3 million annually. This amendment is a request to collect an additional $13.9 million in annual revenue, for a total of $40.2 million. Residential customers would be charged approximately $24.8 million of 62% of the requested revenue requirement, which amounts to approximately $3.91 per month for an average residential customer using 1000 kWh per month. This represents a $1.34 increase, or 52%, over the current DCRF charge of about $2.57 per month for the average residential customer. The DCRF process allows Entergy to make adjustments to an existing non -fuel rate based upon changes in its distribution related investment capital. The review of the application is limited to a determination as to whether the requested investment complies with the Public Utility Regulatory Act (PURA), is prudent, reasonable, or necessary. Cities have sixty (60) days to accept, modify, or reject the DCRF application. This sixty (60) days is necessary to allow for a proper review of the application. At this time, staff is recommending that the request to amend the DCRF be denied. A denial will allow the application to proceed before the PUCT for a full review. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON OR ABOUT AUGUST 31, 2021; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. WHEREAS, on or about August 31, 2021, Entergy Texas, Inc. ("Entergy") filed an Application to Amend its Distribution Cost Recovery Factor ("DCRF") with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act ("PURA") Section 36.210; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); and WHEREAS, the jurisdictional deadline for the City to act in this rate matter is October 30, 2021; and WHEREAS, Entergy's existing DCRF rider is set to collect approximately $26.3 million per year; and WHEREAS, Entergy's proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $13.9 million per year, for a total of $40.2 million per year; and, WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company's rate request and make necessary rate recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company's request to amend its Distribution Cost Recovery Factor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont, Texas hereby denies Entergy's request to amend its Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - ATTEST: September 22, 2021 Consider approving multiple contracts for the purchase of traffic marking materials BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 22, 2021 REQUESTED ACTION: Council consider a resolution approving multiple contracts for the purchase of traffic marking materials. BACKGROUND Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials and thermoplastic materials for use by various divisions within Public Works. Bids were requested from fifteen vendors and three submitted bid responses. Specifications were divided into eight sections and required that each section be awarded to the lowest qualified bidder who bid the entire section and complied with the required specifications. The vendor and sections to be awarded are shown in the table below: SECTION VENDOR EST. TOTAL AMOUNT I- Sign Blanks Osburn Associates, Inc. Logan, OH_ $56,735.00 2- Sign Faces Osburn Associates, Inc. Logan, OH. $4,034.50 3- Finished Signs Vulcan Inc, DBA Vulcan Aluminum, DBA Vulcan Signs $50,651.55 4- Sheet Material Osburn Associates, Inc. Logan, OH. $46,166.25 5- Hardware Trantex Transportation, Houston, TX. $739,367.50 6- Marking Materials Trantex Transportation, Houston, TX. $10,386.50 7- Paint Trantex Transportation, Houston, TX. $68,320.00 8- Traffic Control Equip Trantex Transportation, Houston, TX. 35,338.50 TOTAL $1,010,999.80 The estimated total amount above is much higher than what was ordered last year, which were purchases less than $200,000. Next year, the Purchasing Division and Public Works Department will estimate the various materials closer to what was ordered in the previous 12 months. The new pricing does however represent a 55 % increase due to increased expenses to the manufacturer and the shortage of materials nationwide. Bid tabulation is attached. FUNDING SOURCE General Fund and Capital Program. 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Cl. v t• L%? O Q 0 O = g d N p (I- LO �r (D (D m m CD 0 o V co co 0 N > 3 J r C d3 6�9 6m9 m 69 6NP1 GN9 r- a � v v 0 a 0 (n 0 v 0 v v v 0 0 0 0 0 0 0 0 0 L. Z p `�' Ln o ui ni o 0 q 0 � 0 � 0 o a v a o CV ao q 6R � 6699 yr E� 60 V4 0 H4 - � F' a 59 Eft EL COC w W Q O o � F � k n LU p m 0 0 0 o 0 Ln 0 o 0 0 0 0 0 0 0 v v v o a n44 o Z L �' [(D N (CA qcq (Nn Ln a � o v FA 69 69 69 6m9 EN9 rat v v Le r- v to v v v v v v v a v o o o o v u� n C] D Z V N qr m Q+ 0 Im N rD fA a.w w w r1J N w w w w w 6& vt w w a 0 o 13 a w H m M Q0 J o in o 0 0 0 o v v 0 Z f~ m a m .V d qr (G a m It m M G M to w o ui H r w w w w w CO) w w v► r di (o w c z F z z x vi W [] F W C L rxn V) W) o 0 W (n V, a x `n V) v C C a w > > x" V g c a oz W D -j 0. v�f W W v7 U w cn CJ w rn CJ w w r, U w .-. 0 R. L� Q R. py d❑ p�' Q D F- LL s7 ❑? Oaxa wa wa wM WM 0 Lx�a.� a, ❑ ❑ ix Q PC < :n C' Ln Q.',,, CG LU Q MQ'n Mw Mw FU FU F- LU LU La.L [fi I V D % z ❑_ m V F ice+ (L W D `n O N da JN ❑ > U a BEAUMONT Yf R�3---��- Bid Name: Bid Number_ Bid Opening: Contact Person: CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DNISION BID TABULATION ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS C F0721 A 5 Thursday, August 26. 2021 Cynthia Miller, Buyer II Mthja. m ille�heaumondexas.gov Phone: 409.800-3757 SECTION 5-HARDWARE ....... VULCAN INC, DSA VULCAN Vendor OSBURN ASSOCIATES, INC. TRANTEX TRANSPOSTATION ALUMINUM DSA VULCAN SIGNS Clty 1 State LOGAN, OH HOUSTON, TEXAS FOLEY, AL Phone or Fax No. 740.38543016 281-5915827 251-943.16" ITEM QTY SIZE DESCRIPTION Unil Price Extended Price Unit Price Extended Price UPric ce Extended Price POST, OALV% ANIF1) 13 GAUGE, 2.318" 73 1,000 1p FT. ❑D S0.00 $0.00 $58_60 $58,600.00 $0,00 $0,00 74 2,00I0 11 E•I' POSI', GALVANIZED 13 GAUGE, 2.3.'8" OD $0.00 $0.00 $59.60 $119.200,00 SO.00 SO.00 75 2,000 12 FT POST, GALVANIZED 13 GAUGE, 2-3/8" O❑ S0.001 S0.00 $60.60 $121200.00 SO,001 S0.00 POST, GALVANIZE➢ 13 G,A U01;, 2-318" 76 2,000 13 FT pD $0.00 SO.00 $61.60 $128200.00 50,00 $0.00 77 2,000 14 Fl, POST, GALVANIZED 13 GAUGE, 2.3./8" ❑D $0.00 $0.D0 $62.60 $125,200.00 SO.00 $0,00 78 5,000 ___ CROSSPIECE, HD BOLTTHRU VANDAL PROOF $0.00 So.00 S3.76 $18760.00 S0.00 10,00 79 5,000 27" SOCKET H2804 POZ-LOC S0OO $000 $22.80 $114,000.00 $0.00 $0.00 80 5.000 --- WEDGE M25754POZ-LOC S000 $000 S4.90 $24.500.00 SO.00 S0.00 81 1000 SIGN CLAMP 1-SIDED 430911 Wr HARDWARE 50.00 S0.00 S7.95 $7950.00 S0.00 S0.00 82 500 2-1i8" TAP ON RADA CAP, NO SET SCREWS $0.00 S0 00 E8 26 53 126-00 S0.00 $0.00 83 20 --_ GROUND STUB TRIANGULAR (SLIP BASE) S0.00 SO.00 S82.SO $1660.00 S0.00 $0,00 84 20 --• COLLAR ASSEMBLY SET (SLIP BASE) $0.00 S0.00 $79.25 $1,585.00 S0.00 $0.00 85 20 2.7/8" 12' S1CIN POST SCEIFDU.AL 10 $0.00 SO -DO 596.50 $1.970.00 SO.00 S0.00 90o ALUM CROSS FOR 0.125 SIGN 86 2,000 --• BLADE. TRAFFIC SAFETY CO BT- OR APPROVED EQUAL. S0.00 $0.00 $3,95 S7,900.00 SOM SO.00 45o ALUM CROSS FOR 0.125 SIGN 87 50 --- 53 ,ADF: 'TRAFFIC SAFETY CO BTU OR APPROVED EQUAL. SO.00 S0.00 310.75 S537,60 50,00 $0.00 SIGN CAP, ALUM, 2" POLU0.125 SIGN 88 1,000 --- BLADE. TRAFFIC SAFETY CO BT+OR APPROVED EQUAL SO.00 S0.00 S4.50 $4 500.00 50,00 SO.00 ALUMINUM STREET SIGN BRACKET, STYLE 318 DOUBLE, FOR MOUNTTNG 2 89 1000 2' SIGNS BACK-TO-BACK, FOR 2.3/8" O.D. POST. S0.00 SO-001 S5.50 $5,500.001 50.00 $0,00 HARDWARE NO BID I S739,367.60 I I NO B1D N z a�❑ w� P� z m �o W m m z H 0 z N 0 > � d az ma ILo _ L) d 01 C E E m IE z z 0 :2 :2 :2 to In In O O Q 4 Q f17 z 4 f14 Q fR Q 69 o FA O Ni v C] U) J z 0. 7 Q v m _❑ m m a as} r D v m J m W _ ❑ O z N L) Z L7 O m O q C� ❑ [L � 64 0, a � a z o o Lf) v o O Ln 1l- c o a ya a r w o w 72 'a d F CO c LA Z z r ❑ lu 00 m u 7 C F r N W O CO rw U� i, m e v' u � d. ars aD a F v v v o a z 61 w a)70 Q = o C: D z _ v o z in 1d y a M g a o J g Z Ir - ` o d3 0 efr 0 Fi► 0 G9 0 fA a m 'c v7 F^ C F j LLI � Q _0 7 CA CC m 3 ceA4C] p r j , 0�¢ox .� awe 7- Q w sae L;j Q w 0¢� x d 7 w Q wo o u 3 r4 w a °C N lD 4 o O Z D x to a C y LL Q N m C �+ O w J U a N J CA 4 ❑ a LU W w J ❑ ¢ ❑_ Ir m m z U z N ILLi > ❑ 7 7 ~ K W z m U) 0 0 IL N c m 7.ccr� ❑ c� a 03 a) ... _ M�v z to- E o: Z U c ON Q[LL.tH a x z W L Q m � C a n W EEC y a zz❑ 8 C a v a m mm Q rLA h z 0 0 O 0 0 0 0 0 0 0 0 a 0 0 0 a 0 a a 0 a O z 0 UCIl m iJ 0 &S a 69 o YJ 0 w 0 69 0 00 0 0 0 0 044 0 o 60 Z a` 7 U J ❑ > } f1 uj m L1 m J z p z ❑ p z ry J¢ z z r y 0 0 00 0 0 0 0 00 0 0 0 0 0 0 0 0 a 0 a a J a b b b a b b b b b b o o a a o a Q Q v v Q Q p m o to o 10 0 Q 0 Q 0 Y7 0 Op ui iY o 47 c i0 w i0 0 C7 r- r of Cl � w w Vs w w w V1 (A n v w w w O F % C p zr z r 01 a x W N M co H rA m W YC m N ~ i IQ[7 h p 4 0 m 00 v v b O M GD 0) 6i d9 ti C 7 In w IN0 w ib0 Ir M O .n 400 w ti W K H a w w w L7 0 00o 0 0 0 0 0 0 a Q 0 0 0 0 Q a a Q 0 O 69 GA. O0 69 O0 69 00000b09 609 N W d � H v Q � ❑ a m V ❑ ¢ C N z M W ¢ ❑ z J Ir m yy 0 O 0 O 0 O O 0 0 O a 0 O p p 0 a 0 a a a 0 a 0 a 0 (A C C] a a 69 p kA 69 VA d9 0 69 0 0 0 0 0 i19 69 U u c J U [i] CL [- � ~n W Fes*- a C F w F C 0 W W x W a C z � Pd v1 v f.7 .0 Cd a 5 W }� C W F W W c W p o� O� a^ LLIu: F w W J V'ELI 0 0Z Ua U a Ua [-.i m U9L cG 2Q F- F F LLJ N J J J U C7 C7 ^� Q a vs U U C7 iJ C7 �, [7 r. z o o p W m LL d 4o 4 N N N 4 N N N P 6 c [V _ U W y � v, C W O+ T a,.O, O+ O P O P 9 P J v �_ p > [] a BEAUMONT rrxws Bid Name: Bid Number_ Bid Opening: CITY OF BEAUMONT, BEAUMONT. TEXAS PURCHASING DIVISION BID TABULATION ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS CF0721AS Thursday, August 26, 2021 Contact Person; Cynthia Miller, Buyer II cvnthi a. millerQbeaumonhexas.noV Phone: 40"80-3757 SECTION B-TRAFFIC CONTROL E 1P :.. VULCAN INC, DBA VULCAN Vendor OSBURN ASSOCIATES, INC. TRANTEX TRANSPOSTATION ALUMINUM DBA VULCAN SIGNS City 1 State LOGAN, OH HOUSTON, TEXAS FOLEY, AL Phone or Fax No. 740-386.6016 281-591-827 251-943.16" Unit Extended Price UnIt Price Extended Price Extended Price ITEM qTY SIZE DESCRIPTION Price Prce BARRICADE, TYPE I RATI. S0.00 S573.75 $0-DO 106 15 6 FT. PLASTIC,EG SIIFETIN0 SO.00 S38,25 $0.00 BARRICADE, 'I"YPE I RAIL PLASTIC, $0.00 S809,25 SO.00 107 15 8 FT. EG SHEETING $0.00 $53.05 SO.00 BARRICADE LEGS PLASTIC, $O.OD S71&50 $0.00 108 30 TRAFFIH 44W OR EQUAL $0.00 S23.95 S0.00 BARRICADE, TYPE II FOLDING PLASTIC, T&_II PANES, EG $0,00 S4,000,00 $0.00 SIIEF:TING. iRAFFLX 37408-EG OR 101) 50 E.24 EQUAL $0.00 $80.00 $0.00 $0.00 55,625,00 $0.00 110 25 8 F-1. BARRICADE, TYPO III, PLAS1IC $0.00 S225-00 30.00 TRAFFIC CONE• ORANGE W;T]RI. R COLLATRAFFIH 150284IIWI37OR 30.00 $1,500,00 SO.00 I11 100 28"i7k EQUAL $0.00 $16-00 $0.00 TRAFFIC CONE, ORANGE WIDBL COLLAR, TRAFFIX 15028-HIWB10OR $0.00 $3.300.00 $0.00 112 200 28"1I04� EQUAL $0.00 $16.501 $0.00 PLAS-I I: SAFETY FENCE, LIGHT S0.00 $4.375.00 S0.00 111 500 48' DtJ"I Y, ORANGE, 100 FT. ROLL $0.00 $8.75 $0.00 PORTABLE SIGN STAND. ZEPHYR $0'00 $2,2G0.00 $0.00 114 20 OR EQUAL $0.00 $110.00 $0.00 PORTABLE SIGN STAND - WIND $0.00 $3,00D.00 $0.00 1 IS 20 RESISTANT, STEPIDROP SUN $160.00 $0.00 24- STOPA LOW PADDLE W17 FT S0.00 $900.00 30.00 116 10 24' STAFF $O.DO $90.00 $0 00 ROLL -UP S1GN5 WIRIGS- "S-10P", RED W Ah HT OR NO BACKGROUND, Saw $1.450.00 $0 O0 111 10 36' OCT OR DIAMOND, HI -REFLECTIVE $0.00 $145.00 $0 O0 ROI,l--UP SIGNS, MESH, W.-RIBS - $0.00 S683AG 30.D0 1I8 10 18' 'UTILITY WORK AHEAD: S0.00 $68.30 $0.00 ROLL -UP SIGNS,MESII, W,'RIBS: $0.00 S549,00 $0.00 119 10 36- UTILITY WORK AHEAD" SO.00 $54,90 SO.Op ROLL -UP SIGNS. REFL VINYL. $000 $078.50 SO.Dp t20 10 36- WJUBS, "UTILITY WORK AHEAD" $0.001 $97.66 S0.00 ROLL. -UP SIGNS MESH, W'.•RIBS, " RT 30.00 $549•DO SO -DO 121 10 36' LANE CLOSED AHEAD' 50.00 65-COD $0 DO ROLL.-t1P SIGNS, REFL VINYL WIRIIIS,' RT LANE CLOSED $0.00 $978.50 $O.DD 122 10 36' AHEAD' $0.00 $97.85 $0.00 LEFT OVERLAY FOR ITF tit p121 $0.00 $3DO.00 50.00 123 20 --- ABOVE. MESH $0.00 $IS-00 50.001 LEFT OVERLAY FOR 11 EM4122 114 20 - ABOVE,REFL-VINYL $000 $0.00 51SAG S300.00 $0.00 SO.00 ROLL -UP SIGN, MESH W+'RI65; $6 DO $003.00 $0.00 125 10 48" SHOULDER WORK AHEAD' $0.00 S",30 $0.00 ROLIrt JP SIGN, MESH, W:RIB S - 'RT SO.00 $603, 00 S0 00 126 10 48" LANE CLOSED AHEAD 1,000 FT - $0.00 S68.30 $0.00 ROI .I -UP SIG N, ME SH, WIR1B S - 'RT $0.00 $683.00 $0 00 127 10 48 LANE CLOSED AHEAD 2,000 FT.' SO.Dol $58.30 SO.00 LEFT OVFRLAY FOR ITEM k 126 & $0.00 S160,00 $0.00 128 10 -- ;i127 MESH $0.00 $16.00 30.00 FLAG BRACKET WITH FOLDING 50.00 S34020 $0 00 129 20 IFLAOS 50.00 S17.00 $0.00 TOTAL SECTION 8 - TRAFFIC CONTROL NO BID $55,338,60 NO BID RESOLUTION NO. WHEREAS, bids were solicited for annual contracts for the purchase of traffic marking materials; and, WHEREAS, the following vendors submitted bids as shown below and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes: SECTION VENDOR EST. TOTAL AMOUNT I- Sign Blanks Osbum Associates, Inc. Logan, OH. $56,735.00 2- Sign Faces Osburn Associates, Inc. Logan, OH. $4,034.50 3- Finished Signs Vulcan Inc, DBA Vulcan Aluminum, DBA Vulcan Signs $50,651.55 4- Sheet Material Osburn Associates, Inc. Logan, OH. $46,166.25 5- Hardware Trantex Transportation, Houston, TX. $739,367.50 6- Marking Materials Trantex Transportation, Houston, TX_ $10,386.50 7- Paint Trantex Transportation, Houston, TX. $68,320.00 8- Traffic Control Equip Trantex Transportation, Houston, TX_ $35,338.50 TOTAL $1,010,999.80 ; and, WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the estimated contract total amount of $1,010,999.80 as based upon the unit amounts as shown on Exhibit' A," attached hereto and made a part hereof for all purposes should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bids submitted by the vendors for annual contracts for the purchase of traffic marking materials in the estimated total amounts shown above and in the unit amounts as shown on Exhibit' A," attached hereto and made a part hereof for all purposes for the estimated total amount of $1,010,999.80 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with each of the vendors listed above for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. - Mayor Robin Mouton - ..d„ 1I91Hx3 z 1 N x x W F W In C L m E E ` a u Z Z O C D D m ❑ In m m 0 8 J N Q � Z V 0)J � m m o J Z a } s o Q f ❑ m O m ❑ m ❑ m of N m m m 7 U a ti m N ti z z z z m �r n o o .J LL N zo a x Q U J _ 7 Z U OZ F- 0 x G X a w '0�. v �, m o Lq ZLL i C❑ 0 m Q m D m D r m n n Q m n N Z z Z w �+ w N N N _ x U N z H O xp aw as V Z N to Q= O ❑ 00 a o m n w N N N ❑_ ❑_ ❑_ ❑_ M Pd Z 1!1 ccn 000 L¢7 `' e/f U3 et a N � m m z m z m z m z N v_ Yl m Q ❑ 01 ~ J ym W w N Z J ? n 7 m N O N N J 4 Q W O O Y N 0 W Q Z z 5 a o W a s a 0 x u u Z LL Z C7 = 2 W 2 S LL LL (Q� U) m LL N m i F G Z Z m LL u ❑_ ❑ o Q 7 0 R z W o� o C7 U m J d N J d W LLI❑ a z N N � m ❑ n Z a J LL Q z 0 7 Y W V a 0 ty m W IL O I U F ¢ F F W V1 Z p a LL U ~ Y 71 cc J LL O (n U) W n a LU o Q � r mm J 0� IL 0. Z Y u❑i O a ¢ o DISCUSSION ITEMS * Review and discuss the operations and future plans of the Parks and Recreation Department * Receive a status report and get direction on the lighting situation at Complex 4 located at the Athletic Complex * Review and discuss possible improvements to the basketball court located at Rogers Park * Review and discuss allowing the temporary parking and occupancy of Recreational Vehicles (RV's) within residential districts for family and friends affected by Hurricane Ida * Review and discuss adding Juneteenth to the City's Holiday List * Discuss whether or not to move forward with Octoberfest, which is planned for October 16, 2021