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11/16/2021 PACKET
BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 16,2021 1:30 PM 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 and 2 * 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 November 9, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments Roger Sorrell would be appointed to the Board of Adjustment (Zoning). The term would commence November 16, 2021 and expire November 15, 2023. (Mayor Robin Mouton) Brenda White (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Ann Rothkamm (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Sarah Javed would be appointed to the Historic Landmark Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Roger Sorrell would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Dana L. Timaeus would be reappointed to the Board of Adjustment(Zoning). The current term would expire May 12, 2023. (Mayor Robin Mouton) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2023. (Mayor Robin Mouton) Christy Amuny would be reappointed as an Alternate to the Board of Adjustment(Zoning). The current term would expire March 23, 2023. (Mayor Robin Mouton) C. Approve the renewal of a software maintenance agreement with CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS D. Authorize a contract with BCBS for Stop Loss Insurance E. Approve the purchase of one dump truck for use in the Streets &Drainage Division F. Approve the purchase of two trucks for use at Beaumont Municipal Transit G. Authorize the settlement of the claim of Tamela Jones H. Authorize the settlement of the claim of Sylvia Perry I. Authorize the settlement of the claim of Daphne Rivera-Santiago J. Authorize the settlement of the claim of Daphne Lopez-Rivera REGULAR AGENDA 1. Consider authorizing the lease of thirty-three vehicles with Enterprise FM Trust for use in various City departments 2. Consider an ordinance to amend Ordinance No. 21-036 to more appropriately describe the abandonment of a portion of an alley located at 3154 Shannon Avenue COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters V EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of ExxonMobil Corporation- Storm Sewer Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 Consider matters to deliberate the appointment or employment of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Position of City Manager 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. - A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider approval of the November 9, 2021 City Council Meeting Minutes. BEAUMONT TEXAS 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 NOVEMBER 9, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on November 9, 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 Recognition--Receive an update from the Public Health Director related to COVID-19 • Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Freddy Wright with Northpoint Community Church 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 Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition — Lee Edward Smith former Board Member of City of Beaumont Boards and Commissions and Port of Beaumont Commissioner— Read by Mayor Mouton; accepted by his wife LaRue Smith Recognition—Beaumont Junior League—ready by Councilmember Feldschau; accepted by Breanna Rodriguez, President and others "Lamar University Homecoming Week" — November 8-13, 2021 - Proclamation read by Councilmember Durio; accepted by Marco Born, Athletics Director and others Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Minutes—November 9,2021 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 November 2, 2021, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 21-295 Justin Lyons would be appointed to the Building Board of Appeals. (Plumbing) The term would commence November 9, 2021 and expire November 8, 2023. (Mayor Robin Mouton)- Remove Brooklyn Williams (Lamar University Representative) and appoint Sharita Gardner (Lamar University Representative) to the Convention and Tourism Advisory Board. The term would commence November 9, 2021 and expire September 30, 2023 (Councilmember Albert "A.J." Turner) C. Approve the purchase of two Automated license plate reader systems for use by the Police Department - Resolution 21-296 D. Approve a resolution to repeal Resolution No. 21-023 related to funding from the Department of Homeland Security Grant Program - Resolution 21-297 E. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,860 - Resolution 21- 298 F. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,000 - Resolution 21- 299 G. Approve an annual maintenance agreement with SHI Government Solutions, Inc. of Austin for Microsoft Office 365 that is used by all city departments - Resolution 21-300 H. Authorize the City Attorney to join the Opioid litigation and accept the settlement negotiated by the Texas Attorney General - Resolution 21-301 Authorize the settlement of the claim of Jayla Sutton - Resolution 21-302 J. Approve the purchase of two new vehicles for use in the Fire/EMS Department-Resolution 21-303 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes—November 9,2021 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to award a contract to LD Construction for the Street Rehabilitation City Wide-Phase IV Project. The Street Rehabilitation City Wide— Phase IV Project consists of the rehabilitation of forty (40) roadways. These roadways will receive base repairs or a cement slurry application to achieve base stabilization followed by hot mix asphaltic concrete pavement overlays. On October 28, 2021, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $5,400,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $5,188,661.94 ALLCO, LLC Beaumont, TX $5,578,555.00 Gulf Coast, a CRH Company Beaumont, TX $5,823,833.56 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of$5,188,661.94. A total of 465 calendar days are allocated for completion of the project. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO LD CONSTRUCTION, OF BEAUMONT, TEXAS, IN THE AMOUNT OF$5,188,661.94, FOR THE STREET REHABILITATION CITY WIDE-PHASE IV PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LD CONSTRUCTION, OF BEAUMONT, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-304 2. Consider approving a proposal submitted by Irwin Seating Company for replacing the seating at the Civic Center. Pricing was obtained from Irwin Seating Company utilizing the OMNIA Contract#R191805 procurement process. OMNIA Partners provide municipalities with the means to purchase Minutes—November 9,2021 products and services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall include the removal and disposal of the existing upper seating, furnish, and install 1827 new seats, 136 aisle lights, and providing a performance and payment bond. The cost to replace the upper seating on the east, west, and south sides of the Civic Center Arena, including the proposed scope of work listed on the vendor's proposal and the removal and disposal of the existing seating, will be $389,923.61. The Civic Center Facility was originally constructed in 1977. The existing seating is 44 years old and is experiencing issues with component breaks and the years of wear and tear on the seating make the appearance of the seating unpleasant. Replacement parts for the existing seating are not available. This project is necessary to provide attractive and safe seating for the visiting patrons. As part of this project city staff will be working with the vendor to provide a wider seat for the new seating. Funds will come from the Capital Reserve Approval of the resolution. Mayor Pro Tem Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF REPLACEMENT SEATING FOR THE CIVIC CENTER LOCATED AT 701 MAIN STREET FROM IRWIN SEATING COMPANY, OF GRAND RAPIDS, MICHIGAN, IN THE AMOUNT OF $389,923.61 THROUGH THE OMNIA COOPERATIVE PURCHASING PROGRAM. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-305 3. Consider approving a contract with Dowlen Road Veterinary Center for veterinary services. The City of Beaumont operates an Animal Care facility at 1884 Pine Street. Included in the operations of the facility, the City contracts with a local veterinary clinic to provide routine veterinary services on a weekly basis and other services as requested. The Veterinarian will visit the Animal Care facility each week at a cost of four-hundred dollars ($400) per week. Services included in the weekly fee include but are not limited to the following: perform visual inspections, examinations and treatments of animals; provide guidance and advice to staff on treatment and care of sick animals; conduct facility inspections; advise and make recommendations in quarantines and regulations governing animal health; and provide other consulting services. Any additional services such as administering rabies vaccinations, spay or neuter surgeries and other emergency treatments as requested will be charged per the pricing provided in the response. The term of the contract is for one year. At the end of one year, the City may renew the contract for three additional one-year terms. Minutes—November 9,2021 A Request for Proposal (RFP) was solicited from sixteen (16) vendors with two responses received. City staff reviewed and evaluated the response using the criteria provided in the RFP. Evaluation criteria is attached. Dowlen Road Veterinary Center of Beaumont met the criteria as set forth in the RFP to provide the veterinary services. Dowlen Road Veterinary Center of Beaumont is the current vendor. Funds will come from the General Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT,WITH THREE(3)ONE(1)YEAR RENEWAL OPTIONS, WITH DOWLEN ROAD VETERINARY CENTER, OF BEAUMONT, TEXAS, FOR VETERINARY SERVICES AT THE CITY OF BEAUMONT ANIMAL CARE FACILITY IN THE AMOUNT OF $400.00 PER WEEK AND ANY ADDITIONAL SERVICE AMOUNTS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-306 DISCUSSION ITEMS * Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees Kenneth Coleman, Health Director reviewed and discussed amending the Code of Ordinance related to various Health Department requirements and fees. Mr. Coleman discussed proposals to the following: 1) How restaurants post their sanitation inspection reports 2) New scoring system for the food inspection-checklist form 3) Certified food protection manager 4) Removal of Section 10.02.134; Issuance, Section 10.02.136; Term/transfer, Section 10.02.136; renewal, Section 10.02.138; fees, 5) The City of Beaumont no longer will offer the food manager certification course and the food manager certification is now good for five years, instead of three years 6) Change Section 10.02.136 to state that a food manager certification must be retaken after the five (5) year expiration 7) Changing fees that have $.50 and $.25 cent fees, proposing a flat rate 8) The food sales permit can be eliminated since there's already a mobile food unit permit 9) Mobile units purge their crawfish at their commissary, this would eliminate the need for extensive rinsing on their mobile units and allow the mobile unit to Minutes—November 9,2021 now sell crawfish as before it wasn't allowed 10) All mobile food establishments shall move and vacate the premise of the business location on a daily basis; overnight parking at the business location is prohibited. At the end of each business day, the mobile food establishment shall return to the central preparation facility commissary for servicing and storage. If storage is not allowed at the central preparation facility/commissary, the mobile food unit must be stored in a secured storage facility. 11) Secured storage facility-A rented storage space, where mobile food units may park overnight, until the next business day 12) Special event permits must be submitted at least 30 days prior to the event 13) Adding the words purchased, to the temporary permit guidelines 14) Food products must be purchased the day of the event with receipts 15) New food permit fees, temporary permit fees and mobile food unit fees were discussed and proposed Review and discuss closed captioning equipment and services Bart Bartkowiak, Director of Public Works, and Technology Services reviewed and discussed closed captioning equipment and services. Mr. Bartkowiak stated that the video of Council Meetings is currently streamed live to the City's web site through Swaglt as well as to YouTube. The Council meetings can be viewed later on both the City's web site and on YouTube, on the City's web site, the meeting is indexed to the agenda where a person can click and skip to the portion of the meeting, they are interested in. Mr. Bartkowiak stated that no captioning is currently available for the video on the city's web site, YouTube does automatic captioning generated by machine learning algorithms, accuracy is estimated at around 50%, this captioning is available as the video is streamed as well as when viewed later. On demand captioning is available approximately 1-2 hours after the meeting is finished. Options to improve captioning Swaglt can add English captioning for both live and on demand for$12,300 annually, adding English and Spanish captioning for both live and on demand for $27,000 annually. (On demand is available approximately 4-5 business days after the meeting), another feature that can be added is a searchable transcript for $2,400 annually. A one-time hardware upgrade of the Swaglt equipment would be required for $29,038. YouTube Captioning on YouTube can be upgraded through a third-party service, this would be on demand only (not for the live stream) and would include English and Spanish for $23,328 annually. A searchable transcript is included with the English and Spanish option, captioning would be available approximately 24 hours after the meeting is finished. COMMENTS Public Comments (Persons are limited to three minutes) Santos Hernandez 1378 Forsythe St. Beaumont TX Minutes—November 9,2021 Stated that this was the first time he's attended a City Council meeting, glad to hear the discussions that have taken place, stated that he attended a zoom meeting regarding the infrastructure bill that was passed on today, asked that Council be focused on what they can do in their position of leadership to bring some of that money to Beaumont, forty percent of that money will be allocated to low income areas and knows that Beaumont needs that money, asked that they reach out and not to wait, thanked Councilmember Samuel, he reached out to him regarding a railroad issue he was having, commented on the conversation from earlier in the meeting regarding the mobile food units Colin Eller 701 Trinty Beaumont TX Spoke regarding the COVID-19 vaccine Haley Marchand 2681 S. Pine Island Rd. Beaumont TX Spoke regarding the COVID-19 vaccine Marcia Cavett 6220 Phelan Beaumont TX Spoke regarding the COVID-19 vaccine Amanda Hayes 3925 Crow Rd. Beaumont TX Stated that she's the Vice President of Amalgamated Transit Union, informed Council that they are still in negotiations with the contractor that manages Beaumont Transit,the last offer that was made was horrible and deplorable, the offer was rejected, stated that the two parties aren't at the table anymore and not sure what they need to do to get this resolved, they are willing to do what is needed to get this resolved, asked for the Council's help for some resolve, there should be some consideration for the drivers as they all live in Beaumont, they have worked doing the pandemic and put their health on the line to get the citizens to their doctors appointment and to their jobs etc., this has been going on over a year and needs to be resolved Christopher Matthews 3875 N. Major Dr. Beaumont TX Asked Council about an EDC board, stated that he knows the Cities of Port Arthur and Orange have an EDC, it would be a good idea if Beaumont were to get one, wanted to know how does the City go about developing a EDC board, thinks it would be good for community growth and the board could find more federal and economic grants, it would take the burden off the city, suggested possibly having a workshop on this issue Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE Minutes—November 9,2021 COUNCILMEMBER TURNER- ENCOURAGED CITIZENS TO GET OUT AND SUPPORT LAMAR UNIVERSITY'S HOMECOMING COUNCILMEMBER GETZ- NONE COUNCILMEMBER DURIO- STATED THAT HE'S BEEN RECEIVING CALLS AND COMPLAINTS FROM DIFFERENT NEIGHBORHOODS IN HIS WARD REGARDING DOGS RUNNING FREE,THEY ARE ACTUALLY DOGS THAT LIVE IN THE NEIGHBORHOODS,THERE HAS BEEN INFORMATION THAT'S BEEN PUT ON THE WEB SITE ALONG WITH FLYERS SENT OUT SHARING INFORMATION FROM THE CITY ORDINANCE ABOUT RESIDENTS CONTROLLING THEIR ANIMALS, STATED THAT THE ANIMALS ARE THE RESPONSIBILITY OF THE OWNER CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED FORMER MAYOR BECKY AMES FOR ATTENDING THE MEETING Open session of meeting recessed at 3:44 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Daphne Rivera-Santiago and Daphne Lopez-Rivera Claim of Sylvia Perry Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 * 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 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—November 9,2021 Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Roger Sorrell Board of 11/16/2021 11/15/2023 Adjustment Brenda White Convention and 11/16/2021 09/30/2023 Tourism Advisory Board Ann Rothkamm Convention and 11/16/2021 09/30/2023 Tourism Advisory Board Sarah Javed Historic Landmark 11/16/2021 09/30/2023 Commission Roger Sorrell Planning and 11/16/2021 09/30/2023 (Alternate) Zoning Commission THAT the following reappointments be made: Reappointment Commission Beginning of Expiration of Term Term Dana L. Timaeus Board of 11/16/2021 05/12/2023 Adjustment Tom Rowe Board of 11/16/2021 10/16/2023 Adjustment Christy Amuny Board of 11/16/2021 03/23/2023 (Alternate) Adjustment 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 16th day of November, 2021. - Mayor Robin Mouton - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution approving the renewal of a software maintenance agreement with CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. BACKGROUND CentralSquare software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential functions for Public Safety. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday—Friday, 8—5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2022 in the amount of$336,291. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $336,291.00 to CentralSquare, of Lake Mary, Florida, for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support beginning January, 2022. 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 16th day of November, 2021. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing a contract with BCBS for Stop Loss Insurance BACKGROUND The City's health insurance plans are self-insured as opposed to fully funded plans to reduce health related costs to the City. However,to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed$275,000. At the end of each calendar year, the City's benefits consultant(Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year two carriers were contacted, and two quotes were received. BCBS responded with a quote of$1,377,248 and Voya Financial responded with a quote of$1,545,218. Voya Financial currently holds the contract and the amount paid last year was $1,184,742. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT the City Manager be and he is hereby authorized to execute an annual contract for the purchase of Stop Loss Insurance with Blue Cross and Blue Shield of Texas (BCBSTX), of Richardson, Texas, in the amount of$1,377,248.00 for use in the Employee Benefits Fund. 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 16th day of November, 2021. - Mayor Robin Mouton - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of one dump truck for use in the Streets &Drainage Division. BACKGROUND One Western Star 14-yard dump truck will be purchased from Lonestar Freightliner, of Waco, in the amount of$138,378.00. The new truck will replace Unit 3303, a 2002 Volvo dump truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12)months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. CUSTOMER PURCHASE ORDER/BILL OF SALE LONESTAR FREIGHTLINER GROUP,LLC PeS,p 4800 TIH65 m� o WACOCO,TX 76705 (254)752-9735 ' (800)299-3250 • Fax(254)754-4393 CA- GR Customer Name: City of Beaumont Date:11/01/2021 Address: 4495 Lafin City,State,Zip: Beaumont,TX 77705 BUYBOARD CONTRACT:601-19 Sales Rep: Jason Wade Phone#'s.: N/U YEAR MAKE MODEL VIN PRICE New 2023 Western Star 4700SB $ 110,000.00 Warren 14-15 YRD Dump Body $ 28,000.00 • Buyboard Fee Included:$400 $ TOTAL$ $ 138,000.00 Extras: $ TOTAL EXTRAS $ $ Insurance Included: (Customer Initial Below) Taxes and Fees: Physical Damage F.E.T.(If Used or Exempt,Enter 0) Credit Life Sales Tax (If Apportioned Tags,Enter 0) GAP Insurance Title Fee $ 38.00 Disability License (If Apportioned Tags,Enter 0) Extended Warranty Documentary Fee $300.00 $ 300.00 Other DOT INSPECTION $ 40.00 Other ROAD/BRIDGE FEE TOTAL TAXES AND FEES $ 378.00 TOTAL SALES PRICE $ 138,378.00 Trade-In: Year Make Model VIN TRADE ALLOWANCE: PAYOFF AMOUNT: $ NET TRADE ALLOWANCE(EQUITY) $ - $ Pay-off to: Address: This PAY-OFF Is good through: Quantity 1 Payment Cash With Order(non-refundable pending financing) Cash Down At Delivery $ TOTAL DOWN $ - BALANCE DUE AT DELIVERY $ 138,378.00 This contract Is subject to additional provisions set forth on page two of this document,which is Incorporated here in by inference,AND WHICH TERMS INCLUDE A COMPLETE DISCLAIMER OF ALL WARRANTIES. The purchaser agrees that this order Includes all the terms and conditions on both pages of this order and that tNs order cancels and supercedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of this agreement,relateing to the subject matters covered hereby,and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY THE DEALER PRINCIPAL OR HIS/HER AUTHORIZED REPRESENTATIVE. Purchaser by his/her execution of this order acknowledges the he/she has read its terms and conditions and has received a copy of the order. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW,BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A SALE. A DOCUMENTARY FEE MAY NOT EXCEED$80.00 FOR A MOTOR VEHICLE CONTRACT OR A REASONABLE AMOUNT AGREED TO BY THE PARTIES FOR A HEAVY COMMERCIAL VEHICLE CONTRACT. THIS NOTICE IS REQUIRED BY LAW. IF THE PURCHASED VEHICLE(S)SOLD TO PURCHASER BY DEALER UNDER THIS ORDER IS SOLD AS A USED VEHICLE,THE VEHICLE IS SOLD"AS IS"AND"WITH ALL FAULTS."DEALER MAKES NO GUARANTEE OR WARRANTY OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE PURCHASED VEHICLE(S),EXPRESS OR IMPLIED, (INCLUDING NO WARRANTY THAT THE ODOMETER READING ON THE PURCHASED VEHICLE(S)REPRESENTS THE ACTUAL MILEAGE TRAVELED)OR ANY IMPLIED WARRANTY OR MERCHANTILBILTY OR FITNESS FOR A PARTICULAR PURPOSEOF ANY NATURE WHATSOEVER.PURCHASER AGREES TO USE THE PURCHASED VEHICLE(S)AND/OR CHASSIS AT PURCHASER'S OWN RISK AND HEREBY RELEASES SELLER,ITS AGENTS,EMPLOYEES,SUCCESSORS AND ASSIGNS,FROM ANY AND ALL CLAIMS FOR ANY DAMAGES OR INJURIES OR ANY NATURE WHATSOEVER TO THE FULL EXTENT PERMITTED BY LAW. Purchaser Name: By: Signature Required Date Dealer: LONESTAR FREIGHTLINER GROUP,LLC By: By: Sales Rep. General Manager's Approval Date CUSTOMER PURCHASE ORDER/BILL OF SALE LONESTAR FREIGHTLINER GROUP,LLC v Nesr�� 4800NIH35 c*/ WACO,TX 76705 (254)752-9735 • (800)299-3250 • Fax(254)754-4393 cd- c' Customer Name: City of Beaumont Date:11/01/2021 Address: 4495 Lafin City,State,Zip: Beaumont,TX 77705 BUYBOARD CONTRACT:601-19 Sales Rep: Jason Wade Phone#'s.: NIU YEAR MAKE MODEL VIN PRICE New 2023 Western Star 4700SB $ 110,000.00 Warren 14-15 YRD Dump Body $ 28,000.00 Buyboard Fee Included:$400 TOTAL$ $ 138,000.00 Extras: $ TOTAL EXTRAS $ $ - Insurance Included: (Customer Initial Below) Taxes and Fees: _ Physical Damage F.E.T.(If Used or Exempt,Enter 0) Credit Life Sales Tax (If Apportioned Tags,Enter 0) GAP Insurance Title Fee $ 38.00 Disability License (If Apportioned Tags,Enter 0) Extended Warranty Documentary Fee $300.00 $ 300.00 Other DOT INSPECTION $ 40.00 Other ROAD/BRIDGE FEE TOTAL TAXES AND FEES $ 378.00 TOTAL SALES PRICE IiSt4tk1138.37 A01 Trade-In: Year Make Model VIN TRADE ALLOWANCE: PAYOFF AMOUNT: S NET TRADE ALLOWANCE(EQUITY) $ - I$ - Pay-off to: Address: This PAY-OFF is good through: Quantity 1 Payment: Cash With Order(non-refundable pending financing) Cash Down At Delivery _$ TOTAL DOWN $ - BALANCE DUE AT DELIVERY $ 138,000.00 This contract is subject to additional provisions set forth on page two of this document,which is incorporated here in by inference,AND WHICH TERMS INCLUDE A COMPLETE DISCLAIMER OF ALL WARRANTIES. The purchaser agrees that this order Includes all the terms and conditions on both pages of this order and that this order cancels and supercedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of this agreement,relateing to the subject matters covered hereby,and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY THE DEALER PRINCIPAL OR HIS/HER AUTHORIZED REPRESENTATIVE. Purchaser by his/her execution of this order acknowledges the he/she has read its terms and conditions and has received a copy of the order.A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW,BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A SALE. A DOCUMENTARY FEE MAY NOT EXCEED$50.00 FOR A MOTOR VEHICLE CONTRACT OR A REASONABLE AMOUNT AGREED TO BY THE PARTIES FOR A HEAVY COMMERCIAL VEHICLE CONTRACT. THIS NOTICE IS REQUIRED BY LAW. IF THE PURCHASED VEHICLE(S)SOLD TO PURCHASER BY DEALER UNDER THIS ORDER IS SOLD AS A USED VEHICLE,THE VEHICLE IS SOLD"AS IS"AND"WITH ALL FAULTS."DEALER MAKES NO GUARANTEE OR WARRANTY OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE PURCHASED VEHICLE(S),EXPRESS OR IMPLIED, (INCLUDING NO WARRANTY THAT THE ODOMETER READING ON THE PURCHASED VEHICLE(S)REPRESENTS THE ACTUAL MILEAGE TRAVELED)OR ANY IMPLIED WARRANTY OR MERCHANTILBILTY OR FITNESS FOR A PARTICULAR PURPOSEOF ANY NATURE WHATSOEVER.PURCHASER AGREES TO USE THE PURCHASED VEHICLE(S)AND/OR CHASSIS AT PURCHASER'S OWN RISK AND HEREBY RELEASES SELLER,ITS AGENTS,EMPLOYEES,SUCCESSORS AND ASSIGNS,FROM ANY AND ALL CLAIMS FOR ANY DAMAGES OR INJURIES OR ANY NATURE WHATSOEVER TO THE FULL EXTENT PERMITTED BY LAW. Purchaser Name: By: Signature Required - Date Dealer: LONESTAR FREIGHTLINER GROUP,LLC By: By: Sales Rep. General Manager's Approval Date RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1)Western Star dump truck for use in the Streets & Drainage Division from Lonestar Freightliner Group, LLC, of Waco, Texas, in the amount of $138,378.00 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2021. - Mayor Robin Mouton - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of two trucks for use at Beaumont Municipal Transit. BACKGROUND One 2021 Ford F-250 truck in the amount of$36,271.50 will replace unit 1027, a 2010 Ford Super Duty Truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. A second 2021 Ford F-350 truck in the amount of$56,792.20 will replace unit 1028, a 2010 Ford Super Duty Truck with Service body and lift gate. The unit has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy Total pricing, in the amount of$93,063.70 was obtained from Silsbee Ford of Silsbee,through The Interlocal Purchasing System (TIPS), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. TIPS complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12)months. Quote is attached. FUNDING SOURCE Transit Fund. RECOMMENDATION Approval of the resolution. 111P0 ` Ni` �t �( -t( PRODUCT PRICING SUMMARY TIPS USA 210907 AUTOMOBILES VENDOR-Silsbee Ford,1211 Hwy-96 N.,Silsbee TX 77656 End User:BEAUMONT TRANSIT AUTHORITY Prepared by: KENDURBIN Contact:CHRISTY WILLIAMS 0-880-3758 Phone:409-284-1009 Email: CHRISTY W{LLIAMSRBEAUMONTTEXAS.GOV Email: 1.1/112021 Product Description: 250 FORD R/C Date:.November 1 2021 A. Bid Item: LINE-3 A.Base Price: $ 29,146.00 B. Factory Options Code Description " .. .Bid Price Code Description. ;Bid Price F2A FORD F-250 R/C LWB. S WHITE EXT I GRAY LIT X3E TRACTION LOCK AXLE. - S 399.00 90L POWER GROUP/WINDOWS&LOCKS $ 1,445.00 CUSTOMER PICK UP 1 MAXON1300#LB LIFT GATE S 4,485.00 1 SPRAY-kV-BED LINER• :$ 585.00 Total of B.Published Options: $ 6,914.00 Published Option Discount(5%) $ (345.70) C. Unpublished Options $= 0.0 % Description Bid Price Options . Bid Price' Total of C.Unpublished Options: $ - D. Floor Plan Interest(for in-stock and/or equipped vehicles): $ 445.75.. E. Lot Insurance(for in-stock and/or equipped vehicles): $ 111.45 F. Contract Price Adjustment: G. Additional Delivery Charge: 0 $ - H. Subtotal: $ 36,271.50 I. Quantity Ordered .1 x H= $ 36,271.50 J. Trade in: S - K. L. Total Purchase Price $ 36,271.50 TII' t•,f-a: • PRODUCT PRICING SUMMARY TIPS USA 210907 AUTOMOBILES VENDOR-Silsbee Ford,1211 Hwy 96 N.,Silsbee TX 77656 End User:'BEAUMONT•TRANSIT AUTHORITY Prepared by:KEN DURBIN' Contact:'CHRISTY WILLIAMS 0-880-3758 Phone:409-284-100.9 Email:CHRISTY.WILLIAMS@BEAUMONTTEXAS GOV Email: 11/1/202 - Product Description: FORD F-350 R/C Date:November 1,2021 A. Bid Item: LINE-20 A.Base Price: ',$ 32,447.00 B. Factory Options Code Description Bid Price , ;Code. ,Description Bid Price F2A FORD F-350 R/C S - WHITE EXT/GRAY INT X3E :TRACTION LOCK AXLE S 399.00 90L POWER GROUP/WINDOWS&LOCKS $ 1,445.00 CUSTOMER PICK UP F3G CAB&-CHASSIS 60"CA DUAL REAR $ 1,855:00 1 SPRAY-IN-BED LINER`&TOPS S 899.00 l MINI LIGHTI3AR PKG. . S 499.00 1 READING 60"SERVICE BODY •S 18,444.00 14 4 CORNING LIGHTS/.2 REAR LIC PLATE $ . 1,499.00 HEADACK RACK ATE LIGHTS/.2 REAR BODY LIGHTS 1 MAXON 1300"LB LIFT GATE 6 GRILL LIGHTS Total of B.Published Options: $ 25,040.00 Published Option Discount(5%) $ (1,252.00) C. . Unpublished Options S= 0.0% Description ` • Bid Price. Options. Bid Price • Total of C.Unpublished Options: $ - D. Floor Plan Interest(for in-stock and/or equipped vehicles): $ . 445.75 E. Lot Insurance(for in-stock and/or equipped vehicles): $ . 111.45 F: Contract Price Adjustment: G. Additional Delivery Charge: 0 $ - H. Subtotal: $ 56,792.20 I. Quantity Ordered I x H= $ 56,792.20 J. Trade in: K. L. Total Purchase Price ,$ 56,792.20 1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) vehicles for use by Beaumont Municipal Transit from Silsbee Ford, of Silsbee, Texas, in the amount of $93,063.70 through the Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2021. - Mayor Robin Mouton - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Tamela Jones. BACKGROUND The claim of Tamela Jones was presented and discussed in Executive Session held on October 26, 2021. The City Attorney is requesting authority to settle this suit in the amount of $100,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Tamela Jones was discussed in Executive Session properly called and held on Tuesday, October 26, 2021; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Tamela Jones for the sum of One Hundred Thousand and XX/100 Dollars ($100,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 16th day of November, 2021. - Mayor Robin Mouton - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Sylvia Perry. BACKGROUND The claim of Sylvia Perry was presented and discussed in Executive Session held on November 9, 2021. The City Attorney is requesting authority to settle this suit in the amount of$55,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Sylvia Perry was discussed in Executive Session properly called and held on Tuesday, November 9, 2021; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Sylvia Perry for the sum of Fifty-Five Thousand and XX/100 Dollars ($55,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 16th day of November, 2021. - Mayor Robin Mouton - 1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Daphne Rivera-Santiago. BACKGROUND The claim of Daphne Rivera-Santiago was presented and discussed in Executive Session held on November 9, 2021. The City Attorney is requesting authority to settle this suit in the amount of $30,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Daphne Rivera-Santiago was discussed in Executive Session properly called and held on Tuesday, November 9, 2021; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Daphne Rivera-Santiago for the sum of Thirty Thousand and XX/100 Dollars ($30,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 16th day of November, 2021. - Mayor Robin Mouton - J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Daphne Lopez-Rivera. BACKGROUND The claim of Daphne Lopez-Rivera was presented and discussed in Executive Session held on November 9, 2021. The City Attorney is requesting authority to settle this suit in the amount of $30,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Daphne Lopez-Rivera was discussed in Executive Session properly called and held on Tuesday, November 9, 2021; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Daphne Lopez-Rivera for the sum of Thirty Thousand and XX/100 Dollars ($30,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 16th day of November, 2021. - Mayor Robin Mouton - 1 November 16, 2021 Consider authorizing the lease of thirty-three vehicles with Enterprise FM Trust for use in various City departments BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider a resolution authorizing the lease of thirty-three (33)vehicles with Enterprise FM Trust. BACKGROUND In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM)through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract#2072816. The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of seven(7)years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease tend the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the City receives the net proceeds. At that time the City can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency,reduced maintenance costs,higher resale return through a broad and well-established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or 1'1PS which awarded a competitively bid contract. FUNDING SOURCE Capital Reserve Fund- $173,400.56. Water Utilities Fund- $26,336.76. 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 lease thirty-three (33) vehicles for use by the various City departments pursuant to the existing Master Equity Lease Agreement as amended between the City of Beaumont and Enterprise FM Trust. The Equity Lease Menu Pricing is 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 16th day of November, 2021. - Mayor Robin Mouton - City of Beaumont B EAU M4 N:T .,.:enterprise Menu Pricing FLEET MANAGEMENT TEXAS I Equity Lease Menu Pricing Estimate One time Monthly Cost Cost of Altcrmarke[Cost YearQuote Number Make Model Trim Level Department Quantity Term Annual (Lease RaterAnnual Cost Annual Cost ACE Needed Altcrmarket Mileage (By Quantity) 6026361 2022 Nissen Al0me 9 9utldtn0 Codes 1 48 12,000 5325.89 f4,293.96 $ 4,20196 EFL 47 6200.00 $0.00 8026361 2022 Nissan A1ttma 9 Code Enforcement 4 48 12,000 532589 64,29206 $ 17,176.64 EFL 47 5200.00 $0.00 61326361 2022 Nissan Allima 8 Public Health 5 48 12,000 6326.89 $4,290.96 f 21,168.80 EFL47 6200.00 $0.00 6028381 2022 Nissan Mime 9 Waters ustoma 2 48 12000 5326.68 $5,253.55 f 8,587.92 EFL47 $2013.00 $0.00 vo 6025361 2022 Nissen A1Bma S Water city 1 45 12,000 6326.89 $4,293.96 $ 4,293.96 EFL47 $200.00 $0.00 Contr8028] Fo rd 2022 Transit1g Cargo Van Purchasing 1 46 12,000 $414.74 54,084.32 $ 4,984.32 EFL#8 $360.00 $0.00 Connect 6036223 2022 Fad F460 XL 423 BuperCrew Cab Sd ft.boo police Admhl 4 60 12,000 f634.53 67,72238 $ 30,889.44 EFL171 64,551.00 $0.00 145 In.6Na 5975750 2022 Ford F-150 XL 422 9upe4146Cr1ensv Cab 5.5 R box Peece FlowOps 1 80 12,000SBYL 000 67 f7,722.38 $ 7,72238 EFL 41 f4,681.00 $0.00 WB 6975766 2022 Ford F-150 XL 4223up Cab 6dR boa Engineering 1 60 12,000 $64828 67,722.313 $ 7,722.36 EFL42 65,176.00 $;l86.00 145 M. M.Wa 5977671 2022 Ford F-150 XL 422 SuperCab 8.5Rbox 146 In. Engineering 1 60 12,000 $516.08 $7,779.12 9 7,776.12 EFL 04a 61,088.00 $0.06 WB 6577E176 2023 Ford F-150 %L I229uperca Rbox 146 In. Engineering 1 60 12,000 $6613.27 67,778.12 $ 7,778.12 EFL 42a 65,176.06 62656.00 WB 5975751 2022 Ford F-160 XL 522SuperCrew Ceb 5.5 ft box Reaeetlan 1 60 12,000 569606 $7,178.72 $ 7,176.72 EFL 44 $1,986.00 10.00 1461n.WB 58771382 2022 Ford F-150 XL 422 Supe e3 ft box 145 In. Building Codes 1 60 12,000 5518.05 $6,218.98 $ 6,216.96 EFL 44a 61,088.00 $0.013 WB CO 6975763 2022 Ford F-160 XL 422 8uperCrew Cab 5.5 ft.boa Bldg Services 1 60 12,000 6503.16 $7,237.92 $ 7,227.92 EFL 45 62,311.00 60.00 145 in.WB I 6976752 2022 Ford F-150 XL 4x29uperC146mw1n Cab 5.5R box Parke 2 60 12,000 5602.16 $7,237.92 $ 14,4 46 75.54 EFL $2,311.00 $0.00 X LLI Wa 5077888 2022 Ford F-150 XL 4228uperCab8.8 R box 1451n. Sewer TreaNrent 1 60 12,000 6803.18 67,237.02 f 7,2T7.02 EFL 460 f;]11A0 f0.00 , 5977676 2022 Ford F-150 XL 422 eupelC WB 6 ft box 145 in.Streets 8 Drotooge 1 60 12,000 f518.08 58,216.913 $ 6,215.96 EFL 44a 61,986.00 $0.00 5677850 2023 Ford F-150 XL 4X2 3upel 0.6 R box 1"Ot Streets 8 Drai age 1 80 12,000 5603.16 $7,237.82 $ 7,237.92 EFL 45a 52311.00 $0.00 6877669 2022 Ford F-160 XL 422 SuperCa Rbox 1151n Weber Pratl m uatl 1 60 13000 f6la.oa f8,216.99 $ 6,216.95 EFL Ma 61,988.00 $0.00 WH 50T7873 2022 Ford F-150 %L 422 8upenCab 0.5 R boa 1451n Tratflc 1 80 12,000 $518.08 56,216.56 f 6,216.58 EFL 174a 61,086.00 $0.00 WB Management 5977877 2022 Ford F-150 %L 422 60P9eCa66.6 R box 146 In. Highway1 60 12,000 $518.08 $6,216.88 $ 8,216.55 EFL Ma 51,966.00 $0.00 Wa Maintenance Total Annual Cost Including 5197,149.32 Maintenance _ Lease rates are based upon factory order pricing and miles per year Total Annual One Time Aftermarket Cost Pricing does not Include expected return on equity at end of lease $2,599.00 Total Annual Expense for 33 Vehllces I I $199,737.32 2 November 16,2021 Consider an ordinance to amend Ordinance No. 21-036 to more appropriately describe the abandonment of a portion of an alley located at 3154 Shannon Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C-J(3 PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: November 16, 2021 REQUESTED ACTION: Council consider an ordinance to amend Ordinance No. 21-036 to more appropriately describe the abandonment of a portion of an alley located at 3154 Shannon Avenue. BACKGROUND Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition,without the retention of an easement. Mr.Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment,they would prefer to see the sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition,the contractor should include expansion joints at the easement lines to facilitate any necessary future repairs. An amended legal description has been provided by the applicant and is included in the exhibits. At a City Council meeting held on June 15, 2021, City Council approved the request to abandon a portion of an alley with the following condition: 1. Expansion joints shall be placed along the edge of the easement. The applicant has asked has requested a different legal description(Exhibit B)be included with the Ordinance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition and the new legal description(Exhibit B): 1. Expansion joints shall be placed along the edge of the easement. ORDINANCE NO, 21-036 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 230' X 20' PORTION OF AN ALLEY EXCLUDING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH END ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Grant Keller, on behalf of Vaquero Ventures, has applied for the abandonment of a 230' X 20' portion of an alley excluding an existing sewer line easement to be reserved and retained in Block 1 of the South End Addition, being a 230' X 20' portion of an alley located in Block 1 of South End Addition, Beaumont, Jefferson County, Texas, containing 0.10 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the alley is no longer necessary for municipal street purposes, with the exception of the retention of a sewer line easement, and the abandonment of said alley is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT 230' X 20' portion of an alley excluding an existing sewer line easement to be reserved and retained in Block 1 of the South End Addition, being a 230' x 20' portion of an alley located in Block 1 of South End Addition, Beaumont, Jefferson County, Texas, containing 0.10 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. 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 15th day of June, 2021. - yor Becky Amesg. Imo - • oav kNat r tr BEAUMONT Planning &Community Development Case Typa_Pianning and Zoning Case Status;RE.VLEW Case Sub Type:Abandonment Tag Name:May Abandonment&Sewer Case#:PZ2021-86 Abandonment Location:3165 HIGHLAND AVE,BEAUMONT,77705 Initiated On:3/22/2021 1:41:51PM individuals listed on the record: ATioticent Grant Keller Home Phone: 2900 Wingate St Work Phone: Fort Worth,TX 76107 Cell Phone:5023146596 E-Mail:gkeller@vaqueroventures.com vaqueroventures.cam Property Owner Thomas Eugene Butts Home Phone: 797 CR 784 Work Phone: auna,TX 76612 Cell Phone: E-Mali: chelynbutts@eurrently.com Flood Zones Construction Type Occupancy Type Fire District Notes: • Case Type:Planning and Zoning 1 n9 Page 1 of Case g:PZ2021-06 Punted On:502021 EXHIBIT'A' VA ERO VENTURES Grant Keller Vaquero Ventures 2900 Wingate Street,Suite 2(X) Fort Worth,TX 76107 3/17/2021 Beaumont,TX Planning&Zoning, My name is Grant Keller,we are proposing an alley abandonment&sewer reroute for a portion of an alley between the following properties: 3165&3185 Highland Ave,3I32,3144,3154 Shannon Ave,and property ID#: 103136 for our new commercial project.Vaquero would be the ones responsible to divert the sewer line into the right of way on Highland Ave.We are looking to bring a Starbucks to Beaumont, TX and believe that this is a great location.It will bring a new retail store and will replace:the existing buildings that are on the property. Cur use serve coffee,brewed beverages,and a variety of various food items that range from baked goods,snacks,and sandwiches. The Hours of Operation for a Starbucks are: - Monday-Saturday:5 AM—10 PM - Sunday: 6 AM—10 PM The typical Starbucks employees 15-25 people with 5-8 staff members at one time.These are the general number of employees but these numbers can differ by location. Sincerely, Grant Keller Cell:502-314-6596 Fax:817-984-8973 i:rr�ail;gkeller@vaqueroventures.corn • a�rr . ( - , • _, . s ,- .• ,1 n I , 4 • _ , wtl ir.. !. 1 1 '..- I LA,. , ,,........4,....,.....1n.fl'.e.W..w 116 G..1¢.... rw Sr •'•h1fl• N.e, 1 % •.sue•-%I. -f.\ ..4h.r11}INpI.•I..,w.1.xv.IIII W•w w.w•rz01 • Y '�,}1yr,y{ Il"- • 44r-'-( '3.�•- `•• .• he •..6.`r4H 0...4 l4n_..1.1H.4......M.... ` .alga EO'!ING RIRCLIPINtla ni. •III • , . •j • ,..+,.•. -•.e.'•... '�.-..s-_`-Naa•.I.. q I. t :F I. If. •o." r. r••w•r c a yid w.r•.a.•4*..,..w..•..-• 14• , .• a �...1 _ • . , .` d+ .saw..-,.w ram-.....^w,•r�-+b..... . 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PORTION OE L0LEY,BL PORTION OF s.s a 1w..cce.T.......11wi.r...w•ar...w.exl�Lviuz psp t i`>• A 7A'ALLEY,BIACKI M..R.T..M.r•.1..••I.C.tpMF001.•LILT. 1 La ■ '/"",. .�...R. .�r - .n `l�,. scrum END ADDITION ............"....a...,,,,- . iR:L• 21.r.W.......NY.,worm•1Y1.ID“.•allr�.T. ` ♦ • ,. y R4Mp M..ITI r / Mr(1.11014R >•'.4ow0.7••ALT A -0A'RDL•T..W W�r.r•a�g1..1.lY.afLOJJUGT. I S� __\. t-y-- J• 1•'•ly,••,•�•1� �"'' i511i41RMA.1%21.., mall PMlar4....Wa.......M R.h.R r.l 11Y...21.....r..'Y.441L=GT. �'� I•.ar.e.. �''�� .CI�.9r.T.4Rw•.S.W. /OM n.••b..s.....r.v•......l..manr+..uucr. +111.r(2f \\ • \!..' • `t• {gbaml MrRsm-.1D 6visuLAIM&nIcI1....MR pcbllnor T...r P+••:41. +i'••1°•••11•I•'• ffiT,IiG.TSLI.I W/b.•T9•Ny..W W4NI1iQ13IGT. I' M$$ l d ✓ TMO NT(1.........tl!•1C1f4•D ry�y�� ,�.N t1.„yy±�`�.�'.'• -/r .RticwnAi•n.w.l.■cnrn P1ISPtWT.ml .. ar.1•Lr......q•a Y..»L1aLh Ir..t...7. �:31 It411C4. N. •-1 _ i -' \\ �..� t4J.r MrfO.)N1lmT]OtIUIM1LIa.al•bn1 Ar0AR A Tar a 1 C I ► 1 I I r I 4 I R I 1 I r r a I 2 r 1 PZ2021-86: Request to abandon a portion of an alley. 1 N ' Applicant:Grant Keller of Vaquero Ventures Location:Between 3150/3132 Shannon and 3165/3185 Highland Avenue& • 0 40 100 AI } v f i Feet 55 : .: ..,e. . ..: , :... .. .I 1. 1.h' ' ram` '.: �A : } 9w 11 ;R.:. 3 . • -... likii''':', t--,'., ,,-:.'.i.,-,.:.: ,-.."' .' 6*r- 0 ...4 4;.rit'4.;-1. '' - 4 _. •,.. . . .. :..... it,„ , ...NI : -,,. .i ,:•.,.., .: ,..,,,,, ,....,,, ,...• . „.• .. ..4 . . • , • . •.•.);„.:0....• ' •• - s .,..., ,c•,;.r. . .. ,.! .; mi ,4 ....,- ..,. ii. ., .1 . ..r.pr:,, °' ;% ;, , . +: ,1: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 21-036 TO PROVIDE AN AMENDED PROPERTY DESCRIPTION FOR A VACATED AND ABANDONED 230' X 20' PORTION OF AN ALLEY RESERVING AND RETAINING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH END ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on June 15, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-036 vacating and abandoning a 230' x 20' portion of an alley excluding an existing sewer line easement in Block 1 of the South End Addition, Beaumont, Jefferson County, Texas; and, WHEREAS, Grant Keller, on behalf of Vaquero Ventures, has provided an amended legal property description for the property as described in and shown on Exhibit "A" attached hereto; and, WHEREAS, as amendment to Ordinance No. 21-036 is necessary to provide an amended legal property description with the condition that expansion joints shall be placed along the edge of the easement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 21-036 is hereby amended to provide an amended legal property description for a 230' X 20' portion of an alley excluding an existing sewer line easement to be reserved and retained in Block 1 of the South End Addition, as described in and shown on Exhibit "A" attached hereto with the condition that expansion joints shall be placed along the edge of the easement. 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 16th day of November, 2021. - Mayor Robin Mouton - JPH Land Surveying, Inc. -‘,aNd Exhibit D.F.W. * Central Texas * West Texas * Houston ti4' "EXHIBIT " ci PAGE 1 OF 3 64 TRACT DESCRIPTION •ti4 0-5 FIELD NOTES to that certain tract being a portion of a 20-foot-wide Sur`1 alley situated in Block 1 of South End Addition, an addition in the City of Beaumont, Jefferson County, Texas, according to the plat recorded in Volume 3, Page 99, Map Records, Jefferson County, Texas; the subject tract is more particularly described as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone.): COMMENCING at a 1/2 inch capped rebar stamped"F&S 409832-7238"found at the southeast corner of the tract described in deed to SP Beaumont Washington,LLC,a Texas Limited Liability Company, recorded under Instrument Number 2007048617, Official Public Records, Jefferson, County, Texas, called to be the northwest corner of the tract described in the Lis Pendens to the State of Texas and the City of Beaumont, Jefferson County, Texas for the west right of way of Texas Spur 380 (a/k/a S.M.L. King Jr.Parkway)recorded under Film Code# 100-12-1082, Deed Records, Jefferson County, Texas; THENCE SOUTH 41°43'47"EAST,with the west line of the said Lis Pendens tract, a distance of 22.96 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set on the north line of Lot 22, Block 1 of said South End Addition; THENCE SOUTH 77°42'17" WEST, with the north line of said Lot 22 and the south line of the 20-foot- wide alley shown on the plat of Arlington Addition recorded in Volume 1,Page 70,Map Records, Jefferson County, Texas, a distance of 107.89 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the northwest corner of said Lot 22 and being the POINT OF BEGINNING; THENCE SOUTH 02° 22' 44" EAST, with the east right-of-way line of the said alley situated in Block 1 of South End Addition, a distance of 231.62 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southwest corner of Lot 18, Block 1 of South End Addition; THENCE SOUTH 87°37'16" WEST, a distance of 20.00 feet to a 3/8 inch rebar found on the west right-of-way line of the alley, at the southeast corner of Lot 5,Block 1 of South End Addition; Dallas-Fort Worth Central Texas West Texas 785 Lonesome Dove Trail 1516 E.Palm Valley Blvd., Ste.A4 426 Graham Street Hurst,Texas 76054 Round Rock,Texas 78664 Tuscola,Texas 79562 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 WWW.JPur.AND_SURVEYING.COM EXHIBIT "A" PAGE 2 OF 3 THENCE NORTH 02° 22' 44" WEST, with the said west right-of-way line of the alley, a distance of 228.12 feet to a 1/2 inch capped rebar stamped"JPH Land Surveying" set at the northeast corner of Lot 1,Block 1 of South End Addition; THENCE NORTH 77°42' 17" EAST,with the said south line of the 20-foot-wide alley shown on the plat of Arlington Addition, a distance of 20.30 feet returning to the POINT OF BEGINNING and enclosing 4,597 square feet. Jewel Chadd ;t•G.• �T•�` 41 Registered Professional t Land Surveyor N° 5754 J . L CH'-!P.•a jewel@jphls.com : 4 �0::..., November 8, 2021 , .RoF 5751. � , Project N°2021.022.004 �,Np sIgi O • Proposal N°TBD - " Dallas-Fort Worth Central Texas West Texas Houston 785 Lonesome Dove Tr. 1516 E.Palm Valley Blvd.,A4 426 Graham Street 11511 Katy Fwy.,515 Hurst,Texas 76054 Round Rock,Texas 78664 Tuscola,Texas 79562 Houston,Texas 77079 (817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242 Firm#10019500 Firm#10194073 Firm#10193867 Firm# 10019500 W W W.JP HLAND S URVEYING.C O M c MONUMENTS/BEARING BASIS EXHIBIT II II CRS O 1/2"rebar stamped"JPH Land Surveying"set Monuments are found if not marked MNS or CRS. PAGE 3 OF 3 Bearings are based on Grid North,Texas Coordinate System of 1983, \ �I,�,O Jd, South Central Zone `,,,''°`�.c 'dp LEGEND OF ABBREVIATIONS %I °"✓�o4;.o P.O.C. s-.. �'sr<'° yp M.R.J.C.T.Map Records of Jefferson County,Texas SP BEAUMONT WASHINGTON,LLC,A 1/2"REBAR 'R,�F$ � "F&S 409832-7238" •: POB/POC Point of Beginning/Point of Commencing TEXAS LIMITED LIABILITY COMPANY 1/ O.P.R.J.C.T. Official Public Records Jefferson County,Texas INST./12007048617 .yam O.PR.J.C.T. JA �E-S41°43'47"E 22.96' d � f 20� pG.'10 �' vol.1, ,f \ N 17"E 20.30' CRS Mg.]_sll' '1'I"w j07 89 \ • • ces .q1144P.O.B. LOT 22 CRS ‘I LOT 1 '' 09'1 R-.. .•. k7.,iv ti\ ,;,',,,, ......" 4LOT 2 LOT 21 i,,,.•. ,�,•G..••• • t 4,597 SQUARE FEET � ••p•, 5� oO� — — __ — — w��$ ' '1 BLOCK 1 (74 N U N SOUTH END ADDITION VOL.3,PG.99 Jewel Chadd 3 r-; w4 LOT 20 M.R.J.C.T. Registered Professional El g o Land Surveyor No. 5754 LOT3 0 44 jewel@jphls.com ^ — z — — November 8,2021 BLOCK 1 C7 SOUTH END ADDITION p a VOL.3,PG.99 N M.RJ.C.T. cn LOT4 1.- 0 tiaNd LOT18 + LOT5 \ lA 3/8"REBAR CRS — -- — - CRS• • / -, 0 40' t S87°37'16"W 20.00' i Ai% LOT4 I I LOT17 �e sUs Scale: EXHIBIT SHOWING I/ JPH Job No. 2021.022.004 SBUX S.MLK And Shannon Ave.,Beaumont, 4,597 SQUARE FEET Jefferson Co.,Tx-Alley Exhibit.dwg ©2021 JPH Land Surveying,Inc. -All Rights Reserved BEING A PORTION OF A 785 Lonesome Dove Trail,Hurst,Texas 76054 20' ALLEY, BLOCK 1 Telephone(817)431-4971 www.jphlandsurveying.com SOUTH END ADDITION TBPELS Firm#10019500#10194073#10193867 \\` DFW I Central Texas I West Texas /J CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS