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HomeMy WebLinkAbout09/20/2022 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 20, 2022 1:30 PM AGENDA Invocation Pledge Roll Call Proclamations, Presentations and Recognitions Public Comment: Persons may spear on the Consent Agenda and Items 1-3 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 September 13, 2022 City Council Meeting Minutes B. Authorize the City Manager to renew a contract with Motorola Solutions Inc. C. Approve a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking D. Approve a resolution requesting a change in investment authority for the City of B eaLumont E. Approve a resolution changing authorized representatives for Texas Range Investment Program F. Approve a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool G. Authorize the City Manager to receive funding from the Department of Homeland Security 2022 Port Security Gant Program REGULAR AGENDA 1. Consider an ordinance amending the FY 2022 Budget 2. Consider authorizing the City Manager to execute Change Order No. 1 to the contract with Allco, LLC for the Collier's Ferry Pump Station Project 3. Consider approving the write-off ofuncollectible delinquent accounts PUBLIC HEARING Receive comments on the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) WORD SESSION COMMENTS Review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beawnont Public Comment (Persons are limited to 3 minutes) Councilmernbers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jolen Watson vs, Dereck Jennische; Cause No. D-0209945 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. 0 . . A .. RM V 11 ij TEXAS TO: City Council FROM: Keimeth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider approval of the September 13, 2022 City Council Meeting Minutes, 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, Ward Ill SEPTEMBER 13, 2022 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney 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 September 13, 2022, 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 Cali Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-10 Mayor Mouton called the council meeting to order at 1:30 p.m. Mark Adams, Executive Pastor with First Baptist 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 Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Disability Voting Rights Week" —September 12-16, 2022 — Proclamation read by Mayor Mouton; accepted by Seth Wells, Executive Director of the RISE Center for Independent Living, and others Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-10 Charlene Olsen 6155 RFD Rd. Beaumont TX Spoke regarding Item #3 on the agenda; the appraised roll and the property tax rate for the tax year 2022 (FY 2023) Karyn Husbands 700 North St. Beaumont TX Spoke regarding Item #1 on the agenda; adopting the FY 2023 Budget Minutes — September 13, 2022 Carol Gary 545 Jay Dr. Beaumont TX Spoke regarding Item #10 on the agenda; ad hoc Downtown Planning and Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont Hollie Petersen 825 Norwood Dr. Beaumont TX Spoke regarding Item #2 on the agenda; the FY 2023 Capital Program (dog park) Charlie Crabbe 928 East Dr, Beaumont TX Spoke regarding Items #4,5 & 6 on the agenda; Item #4, ratifying the budgeted property tax increase reflected in the FY 2023 Budget, Item #5, amending section 22,05.211 of the Code of Ordinances to increase garbage rates $1.50 more per month from $20.75 to $22.25, Item #6, 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 (6%) effective October 1, 2022 Kevin Peyton 2213 Briarcliff Beaumont TX Spoke regarding Item #10 on the agenda; ad hoc Downtown Planning and Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont 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 30, 2022, City Council Meeting Minutes B. Approve a contract for grounds maintenance at Tyrrell Park - Resolution 22-212 C. Authorize the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2023" - Resolution 22-213 D. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in LaBelle Park Subdivision Phase 11 - Resolution 22-214 E. Authorize the City Manager to execute Change Order No. 5, to the contract with King Solution Services, LLC - Resolution 22-215 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — September 13, 2022 PUBLIC HEARING Receive comments on the 2022 (FY 2023) proposed tax rate Public Hearing Open: 1:53 p.m. Charlie Crabbe 928 East Dr. Beaumont TX Made comments regarding traffic light removals on Park St., Pearl, Main and Orleans St., commented on the construction on 110, would like to see roundabouts under the freeways etc. Addle Allen 9696 Gross Beaumont TX Made comments regarding the tax rate, stated that her concern is that the taxes for the city regarding the water, with the tax rates going up, wanted to know if senior citizens will be affected by that Public Hearing Close: 1:57 p.m. AGENDA 1. Consider an ordinance adopting the FY 2023 Budget by a record vote. 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 2023 Budget was submitted to Council on August 9, 2022, and reviewed during a work session on August 16, 2022, and again on August 30, 2022. Approval of the ordinance. Councllmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH THE Minutes — September 13, 2022 4 3 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. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NEILD RECORD VOTE: MAYOR MOUTON YES MAYOR PRO TEM DURIO YES COUNCILMEMBER GETZ YES COUNCILMEMBER TURNER YES COUNCILMEMBER FELDSCHAU YES COUNCIMEMBER SAMUEL YES COUNCILMEMBER NEILD NO MOTION PASSED Ordinance 22-047 Consider a resolution adopting the FY 2023 Capital Program, Article VI, 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 10, 2022. Also, it was submitted to Council on August 9, 2022, with the Budget. Awork session was held on August 30, 2022. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE 2023 CAPITAL PROGRAM IS HEREBY ADOPTED, THE CAPITAL PROGRAM WAS ORIGINALLY SUBMITTED TO COUNCIL ON MAY 1 O, 2022, AND AUGUST 9, 2022, AND A PUBLIC HEARING WAS HELD ON AUGUST 30, 2022. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NEILD MOTION PASSED Resolution 22-216 Consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2022 (FY 2023). Minutes — September 13, 2022 The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 20, 2022, in the amount of $9,477,688,929, Based on this taxable value, a property tax rate of $0.695/$100 valuation for the tax year 2022 (FY 2023) is proposed, which is one cent less than the current tax rate. The tax rate would be apportioned $0.514571$100 assessed valuation to the General Fund and $0.180431$100 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 8.96%AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $57." Approval of the ordinance. Counciimember Samuel moved to ADOPT AN ORDINANCE 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 2022 (FY 2023); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD RECORD VOTE: PROPERTY TAX RATE MAYOR MOUTON YES COUNCILMEMBER GETZ YES COUNCILMEMBER FELDSCHAU YES COUNCILMEMBER NEILD NO MAYOR PRO TEM DURIO YES COUNCILMEMBER TURNER YES COUNCIMEMBER SAMUEL YES RECORD VOTE: APPORTIONMENT OF $0.514571$100 ASSESSED VALUATION TO THE GENERAL FUND MAYOR MOUTON YES COUNCILMEMBER GETZ YES COUNCILMEMBER FELDSCHAU YES COUNCILMEMBER NEILD NO MAYOR PRO TEM DURIO YES COUNCILMEMBER TURNER YES COUNCIMEMBER SAMUEL YES RECORD VOTE: APPORTIONMENT OF $0.180431$100 OF ASSESSED VALUATION TO THE DEBT SERVICE FUND MAYOR MOUTON YES COUNCILMEMBER GETZ YES COUNCILMEMBER FELDSCHAU YES MAYOR PRO TEM DURIO YES COUNCILMEMBER TURNER YES COUNCIMEMBER SAMUEL YES Minutes — September 13, 2022 0 l COUNCILMEMBER NEILD NO MOTION PASSED Ordinance 22-048 Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2023 Budget. 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 $0.705 per $100 assessed will decrease by one cent for a new tax rate of $0.695 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $3,665,000.00 more than FY 2022. Of this amount, $733,543.00 is attributable to new property added to the tax roll this year. Approval of the ordinance. Councilmember Feldschau moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2023 BUDGET. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD RECORD VOTE: RATIFY THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2023 BUDGET MAYOR MOUTON COUNCILMEMBER GETZ COUNCILMEMBER FELDSCHAU COUNCILMEMBER NEILD MOTION PASSED Ordinance 22-049 YES MAYOR PRO TEM DURIO YES YES COUNCILMEMBER TURNER YES YES COUNCIMEMBER SAMUEL YES NO Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates $1.50 more per month ($20.75 to $22.25). On August 16, 2022, Council had a budget work session and discussed 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 2023. To comply with rigid TCEQ requirements, Minutes — September 13, 2022 the City must maintain sufficient, reliable, and operational heavy equipment needed to cover the landfill operations on a daily basis. The proposed rate increase of a $1.50 per month ($20.75 to $22.25) will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(13)(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. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-050 6. 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 six percent (6%) effective October 1, 2022, On August 30, 2022, Council had a work session to discuss the FY 2023 Budget. During the work session, staff discussed the need for a water and sewer rate increase to support the additional debt payments related to the borrowing of $25 Million in Bonds; to maintain the required minimum fund balance; and due to concerns of a possible bond rating decrease. 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. Staff recommended an 8% increase in the rates when the originally proposed budget was given to council on August 9, 2022, due to the concern of a possible bond rating decrease which could lead to higher interest expense costs associated with borrowing money through the issuance of a bond; however, council requested a lower rate increase and so a 6% increase was proposed in the amended proposed budget which was discussed in a budget work session on August 30, 2022. Based on rates inside the city limits for a 518" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.41 per month from $23.57 per month to $24.98 per month. Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $4.16 per month from $69.72 per month to $73.88 per month. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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 OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. Minutes — September 13, 2022 Councilmember Samuel withdrew his second to the previous motion. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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 OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES BY 6%; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD NAYS: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL MOTION FAILED Councilmember Samuel moved to ADOPT AN ORDINANCE 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 OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES FROM 6% TO 8%; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS; COUNC[LMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED Ordinance 22-051 7. Consider an ordinance denying Entergy Texas, Inc.'s application to implement Rate Schedule Utility -Owned Distributed Generation (UODG) filed with the City on August 31, 2021. Entergy Texas Inc. ("ETI") filed Entergy Texas, Inc.'s 2022 Statement of Intent to Implement Rate Schedule UODG (Related to Backup Electric Service); PUCT Docket No. 53992 with the Public Utilities Commission of Texas ("PUCT") and the city. The proposed Rate Schedule UODG is a voluntary rate schedule that will apply only to customers who choose to participate in ETI's Power Through service. The Power Through program provides and installs gas -fired generators that range in size from 100 kW to 10 MW to commercial and industrial customer premises. The generators will serve as back-up generators to participating customers during system outages. During normal system operating times, ETI will be able to call on these distributed generation facilities to serve its own system load requirements as backup to specific customers during system outages. The monthly fee will be site specific and only apply to customers participating in the Power Through service. Minutes — September 13, 2022 ETI has requested the city deny the request to allow this application to be reviewed along with ETI's proposed rate increase, which is already pending before the PUCT. A denial of the request will allow the application to proceed before the PUCT for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. Approval of ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC,'S ("ETI" OR "COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON AUGUST 30, 2022, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBIC AND IN ACCORDANCE WITH TEXAS LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-052 8. Consider approving multiple contracts for the purchase of traffic marking materials. 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 eighteen vendors and three bid responses were submitted. 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 Vulcan Inc., dba Vulcan Aluminum; Vulcan 1- Sign Blanks Signs, Foley, AL $ 73,244.00 Vulcan Inc., dba Vulcan Aluminum; Vulcan 2- Sign Faces Signs, Foley, AL $ 5,434.50 Vulcan Inc., dba Vulcan Aluminum; Vulcan 3- Finished Signs, Foley, AL $ 56,825.20 Signs Vulcan Inc., dba Vulcan Aluminum; Vulcan 4- Sheet Signs, Foley, AL $ 60,389.05 Material Vulcan Inc., dba Vulcan Aluminum; Vulcan 5- Hardware Signs, Foley, AL $ 696,668.70 6- Marking Trantex Transportation, Houston, TX. $ 11,673.50 Materials Minutes — September 13, 2022 7- Paint Trantex Transportation, Houston, TX. $ 84,901.50 8- Traffic Control Equip R&B Supply, Groves, TX $ 40,200.45 TOTAL $ 1,029,336.90 The new pricing represents a 2% increase from last year. Funds will come from the General Fund and Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE VENDORS FOR ANNUAL CONTRACTS FOR THE PURCHASE OF TRAFFIC MARKING MATERIALS FOR AN ESTIMATED TOTAL AMOUNT OF $1,029,336.90 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EACH OF THE VENDORS FOR THE PURPOSES DESCRIBED HEREIN. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-217 9. Consider approving the rules for the electronic receipt of bids or proposals. The city is currently receiving all bids or proposals in original hard copy form with an original signature. Texas Local Government Code 252.0415 allows municipalities to receive electronic bids or proposals with electronic signatures; provided that the governing body approves rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. Upon approval of this resolution with attached rules, the City will be able to receive bids or proposals electronically in addition to hard copies. The rules for electronic receipt of bids or proposals are provided in the attached Exhibit A. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING RULES FOR THE ELECTRONIC RECEIPT OF BIDS OR PROPOSALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — September 13, 2022 MOTION PASSED Resolution 22-218 10. Consider authorizing the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont. With the upcoming repair of Riverfront Park and a widespread desire to develop properties along Beaumont's riverfront, the City is now beginning the process of developing a new Downtown Plan in the coming months. In order to better inform and guide this process, it is recommended that an ad hoc Downtown Planning & Development Advisory Committee be established. The committee would be comprised of nine members. Each Councilmember would appoint one member and the mayor would appoint three members, one of whom would serve as Chairman. Staff liaisons would also be appointed to serve the Committee. Approval of Resolution. Councilmember ❑uri0 moved to APPROVE A RESOLUTION THAT AN AD HOC DOWNTOWN PLANNING AND DEVELOPMENT ADVISORY COMMITTEE, BE ESTABLISHED FOR THE PURPOSE OF ADVISING AND ACTING AS A STEERING COMMITTEE FOR PLANNING AND DEVELOPMENT EFFORTS IN DOWNTOWN BEAUMONT AND THAT THE COMMITTEE SHALL BE COMPOSED OF NINE (9) MEMBERS, THREE (3) APPOINTED BY THE MAYOR AND ONE (1 ) APPOINTED BY EACH CITY COUNCILMEMBER, THE MAYOR SHALL NAME ONE OF THE MEMBERS AS CHAIRMAN, STAFF LIAISON SHALL ALSO BE APPOINTED TO SERVE THE COMMITTEE, MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION AND SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL. Councilmember Turner seconded the motion. After discussion by Council, Councilmember Samuel made a motioned to table this item, Councilmember Turner seconded. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED PUBLIC HEARING Receive comments on the proposed Reinvestment Zone Tax Abatement Policy for the City of Beaumont Public Hearing Open: 4:26 p.m. None Public Hearing Close: 4:26 p.m. 11. Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. Minutes — September 13, 2022 The City of Beaumont utilizes a variety of economic development tools in order to encourage development of a certain type, scale or location within the city and within its exterritarial jurisdiction. Each project is evaluated on a case -by -case basis. One such tool is a Reinvestment Zone Tax Abatement Policy as allowed under Chapter 312 of the Texas Tax Code. In order to offer such abatements under Chapter 312, the City must periodically re- adopt its abatement policy. The Reinvestment Zone Tax Abatement Policy remains unchanged from the last adoption in 2020. However, changes to Chapter 312 by the State Legislature, now require that a public hearing be held for the adoption of the policy. Council conducts a public hearing and approve the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE CITY OF BEAUMONT'S REINVESTMENT ZONE TAX ABATEMENT POLICY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-219 COMMENTS Public Comments (Persons are limited to three minutes) Charlie Crabbe 928 East Dr. Beaumont TX Commented on resurfacing of streets, stated that the streets need to be resurfaced on an as needed basis, need to look at the usage of the streets and overlay them with asphalt, it makes for a very nice street, also commented on the parks, would like to see the parks enhanced so that citizens can utilize them more, enjoyed the meeting Addle Allen 9695 Gross Beaumont TX Stated that the tax rate increased and the citizens have to shoulder the tax increase, she's alright with that, there should be some draw back when the $3 million dollar building was purchased, wonders if the bond ramifications were considered at the time of purchase, asked if the $3 million is given back will that go into the water fund, commented on the airport, stated that it looks like $4 million is going to a t-hanger and an 11,000 square foot facility for private planes, stated that's a lot of money for that project especially when the city is still dealing with brown water, asked if the stipend of a $1,000 for non -civilian employees was considered in the budget that was just approved, would like to see a raise for employees instead of a stipend, also commented on street repairs, it was said that money for street repairs will be distributed among the Wards, what about distribution on a historical data base, which would look at the older streets and start with them first and move forward whether it's fair or unfair, regarding the RFP for 555 Main St., asked if city officials know what they really want, an RF'P can be done quickly so that the city can get the money back, commented on trash pickup, on last year she asked that the trash employees have MILK day off, stated they Minutes — September 13, 2022 still work on MLK day and wanted to know why, stated that she's a senior citizen and applied for the water discount last year and still hasn't received the discount, 8% is too much of an increase to the water bill Stephen Watson 1070 Brandywine Beaumont TX Stated that he would concede his time to the other speakers, stated to Council that God bless and counsel each of them Luther Holmes 930 Calder #210 Beaumont TX Thanked Council for their service, stated on September 8, 2022, he was pulled over at the corner of Gladys and MLK in the parking lot of O'Reilly parts store, was asked to show proof of license and insurance, he complied, was told that he didn't stop at the stop sign nor use a turn signal, instead of being given a citation he and his passenger was asked to step out of the vehicle and to put their hands upon the police vehicle, he was asked if his vehicle could be searched, he said no, according to the law police officers have to have probable cause to search his vehicle for evidence of a crime which they didn't have, six officers proceeded to call for dogs to sniff his vehicle and at the same times searched him and his passenger from head to toe without their permission, he and his passenger were humiliated and robbed of their dignity, the officers asked all sorts of derogatory questions, stated that he and his passenger feared for their lives, they were surrounded by six police officers who were all white which doesn't reflect the populous of this city, according to the U.S. Constitution taxation without representation is illegal, certainly without doubt in this city it exist, after the search there was no narcotics found, one of the officers made a sarcastic remark that "we found a brick", Mr. Holmes stated that he didn't think the remark was funny, he was given a citation and they let them go, wanted to know when will this stop, he has evidence that this has happened to him over and over again, when he went to get a police report there was none on file, this type of oppression needs to stop, not just to him but to all citizens of this great city Charles Paul 5615 Phelps Rd. Beaumont TX Spoke to Council regarding some property he purchased at 4th St., and Harriet and 4th St., and Fan nett Rd., which is Councilmember Durio's Ward, want to try and revitalize that area, stated that he has spoken with Planning and Zoning regarding his idea, he's interested in a putting a sports museum on that property where he can show different athlete's from the city, he would also like to add food trucks, a workout room, a daquiri bar, snow cone area, a smoke shop, drive thru coffee shop, tutoring for finances, a hot spot for teenagers, art and photography studio, sound booth for DTs and pod cast, etc., there could also be a police sub -station to help with crime, he was told that he would need to get sidewalks etc. Shery Jackson 862 Porter St. Beaumont TX Spoke to Council regarding the park in the Charlton Pollard neighborhood, stated they are tired of their neighborhood being neglected, the only thing that's in their neighborhood is a park where they have parties, balloons release and other events, stated that it's not fair that they have a run down park, their kids deserve a park that's safe, she went to Rogers Park and noticed they have two play grounds to their one which is rusted out, their children want to be safe and have events in the park, they don't have anything in their neighborhood, no resource center or community center, they don't even have a grocery store, stated they need Minutes — September 13, 2022 some representation, commented to Councilmember Samuel that they need to see him and need him to step up, thanked the Mayor for what she did regarding their park, she saw that there was a safety issue and she had the park shut down, also thanked Councilmember Turner for his help with the park issue Fred Grant 2445 Amarillo Beaumont TX Stated that he came home from work one day and was evicted from his home by the Beaumont city members, he has been crying for help for two years and never received it, he's a veteran, senior citizen and he's homeless, his house was red tagged and some of the things that was used to do that didn't make sense, stated that the neighbor complained about the property, about the repairs that were going on, they also complained that no one lived in the house, wanted to know what authority was given to the city to say that no one lived in the house, he lived in the house since 2004 but now code enforcement is telling him that he doesn't live there Christopher Jones 1045 Doucette Ave. Beaumont TX Welcomed the new City Manager to Beaumont and looks forward to working with him, stated that on behalf of the South End Charlton Pollard Greater Community Association he wanted to extended an invitation to not only the Mayor and Council but to the community, they are excited about reformulating and reconstituting their neighborhood association historically known as the Charlton Pollard Neighborhood Association, stated they are in the process of reclaiming their name which is the South End, they will be meeting on Tuesday, September 15, 2022 Michael Finnell Beaumont TX Stated that he's addressed Council throughout the year, Council isn't acknowledging his situation as a city problem but it is, when dealing with things that affect the community and people in the community, stated that he's dedicating his life to make sure that the judicial system in Beaumont is fair to everyone, right now he's dealing with judicial misconduct and corruption which is a crime, he's reached out to various industries and by years end he will have the information for the city and surrounding areas to view, entities within the city has left him no choice but to do what he's doing, commented on judges, corporations within other business and dark money John Guidry 2330 St. James Beaumont TX Stated that everything is going up, but there's nothing to cut back, Council is speaking about revitalization on certain things but not cutting back, commented on how much he receives monthly, asked that the city cut back on some of the programs that are going on so that people can live, stated if Council keeps going up on things, how's he supposed to live, wanted to know what kind of programs are out there so that they don't have to go up on the water bill Robert Benoit Beaumont TX Commented on the Beaumont Police Department, stated that between December 24, 2021 and February 3, 2022, the police kicked in his door thirty five (35) times with no search warrant and roughed him up, he's a disabled veteran and veteran with the state, he was Minutes — September 13, 2022 locked up for nine (9) months on a separate assault charge, the charges were eventually dropped, he lost nine months of his life incarcerated because of the Beaumont Police Department, they also had one of his houses retagged, had his truck impounded and he couldn't get it back, he had three roommates living with him and they harassed all of them, he doesn't deserve to be treated like this by the police department and somebody needs to do something, the police department is out of control, Christopher Matthews 3875 N. Major Dr. Beaumont TX Welcomed the new City Manager to Beaumont, excited to see what he can bring to Beaumont, stated that the water bill issue is a tough one, he wouldn't mind paying 8% or higher if it means giving the seniors more of a discount, stated to the Councilmember of Ward 11, he said he would bring his grand kids to Charlton Pollard Park to play and he's still waiting to see that Holli Petersen 825 Norwood Dr. Beaumont TX Stated that she wouldn't feel right sitting and listening to the comments about the Charlton Pollard Park and asking for a place of privilege for a dog park at Rogers Park, grateful that Council passed a resolution for a budget for improvements across the board, she does live in Ward 11 and a citizen at large, she uses all the parks in Beaumont, she sees problems and also sees wonderful things, thinks parks are a great amenity in the community, the parks attract people to our community and they are worth investing in, would like to lend her support for all the parks of Beaumont, would like every child in our community to feel like a citizen at large and to feel like they can go to any park in Beaumont and enjoy them LaTosha Beaumont TX Stated that she prefers not to give her last name or address due to safety issues, she's been dealing with some corrupt judges and attorneys who are trying to extort her for hundreds of thousands of dollars on a simple insurance claim, read quotes from a court transcript, stated there's a lot of layers to the scheme case that she's dealing with, there are several people that are dealing with this same issue with corrupt judges, made comments regarding her funds that are being held Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - WELCOMED THE NEW CITY MANAGER, KENNETH WILLIAMS, WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY MAYOR PRO TEM DURIO - WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, CONGRATULATED THE MAYOR ON HER STATE OF THE CITY ADDRESS, SHE DID AN OUTSTANDING JOB AND GOT A LOT OF GREAT INFORMATION OUT TO THE CITIZENS, COMMENTED ON Minutes — September 13, 2022 HIS ATTENDANCE AT THE 911 LUNCHEON AT THE ROCKIN-A CAFE, ALSO MADE COMMENTS REGARDING THE BUDGET COUNCILMEM13ER GETZ - WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, STATED THAT HE WAS AT WESTBROOK HIGH SCHOOL EARLIER IN THE DAY, HIS REASON FOR BEING THERE, WAS BECAUSE THERE HAS BEEN A SERIES OF FIGHTS, THERE WAS ONE 1N PARTICULAR THAT WAS BRUTAL ON LAST WEEK, HE MET THE SUPERINTENDENT DR. ALLEN, A SCHOOL BOARD TRUSTEES AS WELL AS THE PRINCIPAL, THEY WALKED AROUND THE CAMPUS, STATED THAT THE SCHOOL HAS IMPLEMENTED A PLAN TO MONITOR THE BATHROOMS, IT'S HIS HOPE THAT THEY FOLLOW THROUGH WITH THAT PLAN, RIGHT NOW THEY ARE USING COACHES TO MONITOR THE BATHROOMS, THINKS THEY NEED TO GO FURTHER THAN THAT, THINKS THEY NEED TO EMPLOYEE MORE PUBLIC SAFETY OFFICERS, SOMEONE NEEDS TO BE AT THE DOOR OF THE BATHROOM TO MAKE SURE THAT THINGS AREN'T GOING ON IN THE BATHROOM, THE SCHOOL BOARD IS HAVING A MEETING THIS WEEK AND HE PLANS TO ATTEND TO DISCUSS THIS ISSUE COUNCILMEMBER TURNER - COMMENTED ON THE BROWN WATER ISSUE IN JACKSON, MISSISSIPPI, THEIR MAYOR WAS BEING INTERVIEWED ON ABC NEWS, HE MENTIONED THAT OUR MAYOR WAS THE FIRST MAYOR TO REACH OUT TO HIM AND SENT AN EIGHTEEN WHEELER FULL OF WATER, WANTED TO THANK THE MAYOR PUBLICLY, HE LIKED THE FACT THAT THE CITY OF BEAUMONT WAS SEEN IN A POSITIVE LIGHT, ANNOUNCED THAT THE CITY OF BEAUMONT NOW HAS TESLA CHARGING STATIONS ACROSS FROM PAPPADEAUX'S ON WALDON RD., THANKED STAFF FOR COMING UP WITH A POSSIBLE SOLUTION FOR THE BIDDING PROCESS AND BEING PROACTIVE, TO THE CHARLTON POLLARD NEIGHBORHOOD THEY HAVE HEARD THEM AND THANKED THEM FOR SPEAKING, ANNOUNCED THE NAACP GOLF TOURNAMENT THAT WILL BE HELD ON OCTOBER 1, 2022, THANKED THE CITIZENS FOR ATTENDING THE MEETING CITY ATTORNEY REED - NONE CITY CLERK BROUSSARD- WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY CITY MANAGER WILLIAMS - CONGRATULATED THE COUNCIL FORAPPROVING THE BUDGET, STATED THIS IS ONE OF THE MOST IMPORTANT THINGS THAT COUNCIL DOES IN A YEAR, THANKED THE CFO, TODD SIMONEAUX AND HIS STAFF FOR ALL OF THEIR HARD WORK, INFORMED COUNCIL OF SOME ITEMS THAT WILL BE COMING TO THEM SOON, THERE WILL BE AN RFQ FOR A STRATEGIC PLAN FOR THE CITY, A RFQ FOR A SALARY SURVEY AND SOME STAFFING AND ORGANIZATIONAL ITEMS, WISHED COUNCILMEM13ER TURNER A HAPPY BIRTHDAY Minutes — September 13, 2022 MAYOR MOUTON - CONGRATULATED THE CITY MANAGER ON COMPLETING HIS FIRST COUNCIL MEETING, COMMENTED ON 9111, SHE WILL NEVER FORGET THAT DAY, WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, ANYTIME THAT SHE CAN SHOW BEAUMONT IN A POSITIVE LIGHT SHE ALWAYS WILL, SHE'S A REPRESENTATIVE OF THE PEOPLE OF THIS CITY, THANKED COUNCILMEMBER TURNER FOR RECOGNIZING WHAT BEAUMONT DID TO HELP THOSE IN JACKSON MISSISSIPPI, WANTED THE CITIZENS OF THE CHARLTON POLLARD NEIGHBORHOOD AND THE CITIZENS OF BEAUMONT TO KNOW THAT SHE WILL ALWAYS PUT THE SAFETY OF THE CHILDREN FIRST AND EVERY CITIZEN IN THIS CITY FIRST, SORRY IT WAS A LACK OF ATTENTION AND IT HAS BEEN ADDRESSED AND WON'T HAPPEN AGAIN, STATED THAT SHE HAD THE PLEASURE OF MEETING A 95 YEAR OLD CITIZEN NAMED MARY ARREDONDO, 1T WAS AN HONOR TO SPEAK WITH HER, ANNOUNCED THAT ON SATURDAY, SEPTEMBER 17, 2022, AT 4390 FANNETT RD., FROM 9:00 A.M. TO 1:00 P.M., THERE WILL BE A NACA HOME OWNER WORKSHOP, THIS WILL BE A ONE STOP EVENT, ANYONE INTERESTED CAN SIGNUP ON LINE AT NACA.COM, THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 5:14 p.m. Robin Mouton, Mayor Tina Broussard, City Cleric Minutes — September 13, 2022 1� TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. BACKGROUND The South East Texas Regional Radio System is used by Police, Fire, EMS and other departments throughout the City for daily communications. The radio system is shared with the counties of Jefferson, Hardin and Orange, the Port of Beaumont, Beaumont and Port Arthur Independent School Districts, Water District No.10, ESD 1, ESD3, ESD4, Acadian Ambulance and Lamar University's Police Department. The agreement is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system including all 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. Staff recommends renewing the annual Motorola maintenance contract in the amount of $1,139,892.56. This year the City of Beaumont applied and received approval for the 2021 Port Security Grant Program that covers 75% of the Motorola Maintenance. The 25% is divided among all agencies by the number of radios each agency has on the system. The City of Beaumont's portion of the Motorola maintenance is $69,714.28 after all participating agencies reimburse the City for their share. FUNDING SOURCE 2021 Port Security Grant Program. 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 approve a payment in the amount of $1,139,892.56 to Motorola Solutions, Inc., of Chicago, Illinois, a sole source provider, for an annual Service Agreement for support of the shared 800 MHz radio system; and, BE IT FURTHER RESOLVED THAT, as the grant recipient, the City is responsible for paying the entirety of the Motorola maintenance contract in the amount of $1,139,892.56 with reimbursement to be made by the participating entities of their portions of the match. The annual Service 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 20th day of September, 2021. - Mayor Robin Mouton DocuSign Envelope ID: 3031452C-B4C3-4193-A165-523AE5D79254 MUTQROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Date: 04/20/2022 Company Name: BEAUMONT, CITY OF NIV i Billing Address: 801 MAIN ST STE 315 City, State, Zip: BEAUMONT , TX, 77701 Customer Contact: Terry LaFleur Phone: 409-785-3022 SERVICE AGREEMENT Quote Number : QUOTE-1732895 Contract Number: USC000005054 Contract Modifier: R20-APR-22 16:65:23 Required P.O.: Customer # ! 1013010533 Bill to Tag # : Contract Start Date : 01-Sep-2022 Contract End Date: 31-Aug -2023 Anniversary Day : Aug 31st Payment Cycle: IMMEDIATE PO#: Qty Service Name Service Description Extended Amt SVCO2SVCO201A ASTRO SUA 11 UO IMPLEMENTATION SERVICES $43,011.08 SVCO2SVC0344A RELEASE IMPLEMENTATION TRAINING $8,665.82 SVCO2SVC0343A RELEASE IMPACTTRAINING $2,836,01 SVO04SVC0169A SYSTEM UPGRADE AGREEMENT It $329,44T54 SVCO2SVC0433A ASTRO SUA II FIELD WPLEMENTATN SVC $40,204.97 LSV01S01109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $715,827,14 Subtotal - Recurring Service $94,991.05 $1,139,892.5 Subtotal - One -Time Event Service $O,OC $0.0 Tota $94,991.05 $1,139,892.5 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: City of Beaumont/JCSO Avanced Plus Package + SUAII 2022-2023 Term: 9/112022 - 8131 /2023 received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. EXHIBIT "A" Docusign Envelope ID: 3031452C-S4C3-4193-A165-523Ak5D79254 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Highlighted cybersecurity services added when applicable: SERVICE AGREEMENT Quote Number : QUOTE-1732895 Contract Number: USCO00006054 Contract Modifier: R20-APR-22 16:55:23 SECURITY PATCHING Remote Security Update Service [ ] Does Not Apply [ ] Opt Out - I have received a briefing on this service and choose not to subscribe. Security Update Service [ ] Does Not Apply [ ] Opt Out - I have received a briefing on this service and choose not to subscribe. THREAT DETECTION -Managed Detection & Response [ ] Does Not Apply [ ] Opt Out - I have received a briefing on this service and choose not to subscribe. AUTHORIZED CUSTOMER SIGNATURE CUSTOMER (PRINT NAME) �DocuSigned by: bLtV'(A" ESENTATIVE(SIGNATURE) .Jessica Pourciau MOTOROLA REPRESENTATIVE(PRINT NAME) Company Name: Contract Number: Contract Modifier: Contract Start Date Contract End Date BEAUMONT, CITY OF USCO00005054 R20-APR-22 16:55:23 01-Sep-2022 31-Aug-2023 TITLE DATE Director, Services 6/6/2022 TITLE 214.498.9537 PHONE DATE Docusign Envelope ID: 3031452C-134C3-4193-A165-523AE5D79254 0 MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1732895 Chicago, It_. 60661 Contract Number: USCO00005064 (888) 325-9336 Contract Modifier: R20-APR-22 16:55:23 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions appfy to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. in interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3 "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola, The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4,2 If Motorola Is providing Services for Equipment. Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed 4,3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customers obligation to pay Service fees for this Equipment wHI terminate at the end of the month in which Motorola receives the written notice. 4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6 If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section S. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events, 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or mullicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. DocuSign Envelope ID: 3031452C-B4C3-4193-A165-523AE5D79254 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, [L. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE-1732895 Contract Number: USCO00005054 Contract Modifier: R20-APR-22 16:55:23 Section 6, TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8A Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sates and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity: The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to Include on invoices for payment in accordance with this Agreement. 8.3 For multi -year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Depadment of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shalt have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment, Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an Increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, Section 10. DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non -performing party a written and detailed notice of the default, The non -performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non -performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may smmediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreementwill not relieve either party of obligations previously Incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services, 10.3 If the Customer terminates this Agreement before the and of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. DocuSign Envelope ID: 3031452C-B4C3-4193-A165-523AE5D79254 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL, 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE-1732895 Contract Number: USCO00005054 Contract Modifier: R20-APR-22 16:55:23 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT, No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account, This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties, Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical Information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement, 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, stale, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16, MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request This property will be hold by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17,1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 173 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. ❑ocuSign Envelope ID: 3031452C-B4C3-4193-At65-523AE5D79254 4) M©TCROLA SOLUTIONS 500 W Monroe Street Chicago, jL, 60661 (888)325-9336 SERVICE AGREEMENT Quote Number : QUOTE-1732896 Contract Number: US0000005054 Contract Modifier: R20-APR-22 16:55:23 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Custame€. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event, 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates, 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Oct 09, 2021 DocuSign Envelope ID; 3031452C-B4C3-4193-Al65-523AE5D792b4 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, 1L, 60661 (888)325-9336 SERVICE AGREEMENT Quote Number : QUOTE-1732895 Contract Number: USCO00005054 Contract Modifier: R20-APR-22 16:55:23 Cybersecurity Online Terms Acknowledgement This Cybersecurity Online Terms Acknowledgement (this "Acknowledgement") is entered Into between Motorola Solutions, Inc. ("Motorola") and the entity set forth in the signature block below ("Customer'). Self Doletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including )date Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise er, including through bundled or integrated offerings or otherwise, 2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at http://www.motorolasoPutions.com/cyber-renewafs-integratlons are incorporated in and form part of the Parties' agreement as it relates to any cybersecurity products or services sold or provided to Customer. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on-line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola, The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms. 3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services, This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. 4. Execution and Amendments, This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The Parties hereby enter into this Acknowledgement as of the last signature date below. Moto,9J%§9JY`tions, Inc. cy,y:,�t,SSit;a 3266TTATRef-Pourci au Name: Customer: IIlk M i Title: Director, services Title: Date: 6/6/2022 bate: Revised Oct 9, 2021 1�i TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Sinioneaux, Chief Financial Officer MEETING DATE: September 20, 2022 REQUESTED ACTION: Council Consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking BACKGROUND Chris Boone and Todd Simoneaux are currently authorized as signatories on City accounts with Allegiance Bank. Kenneth R. Williams is to be added as an authorized signatory on same accounts effective September 21, 2022, and Chris Boone is to be deleted as authorized signatory effective September 21, 2022. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Chris Boone and Todd Simoneaux are currently authorized as signatories on City of Beaumont accounts with Allegiance Bank; and, WHEREAS, Chris Boone is to be deleted as an authorized signatory on City of Beaumont accounts with Allegiance Bank effective September 21, 2022; and, WHEREAS, Kenneth R. Williams is hereby authorized as signatory for City of Beaumont accounts with Allegiance Bank effective September 21, 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 Chris Boone is to be deleted as an authorized signatory on City of Beaumont accounts with Allegiance Bank effective September 21, 2022; and, BE IT FURTHER RESOLVED THAT Kenneth R. Williams is hereby authorized as signatory for City of Beaumont accounts with Allegiance Bank effective September 21, 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 20th day of September, 2022. - Mayor Robin Mouton - TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution requesting a change in investment authority for the City of Beaumont. BACKGROUND State law mandates the City Council designate one or more investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. The City Manager, who by authority of the City Charter is responsible for all investments of the City, can delegate explicit authority to other individuals to invest the City's fiends on a day-to-day basis. Investment officials shall not deposit, withdraw, transfer or manage the fiends of the City of Beaumont in a manner that is not consistent with the "prudent person" standard. The current investment officials are Chris Boone, Todd Simoneaux, and Cheryl Ray. Kenneth R. Williams is being added as a designated investment official for the City and Chris Boone is being deleted from the same. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Chris Boone, Todd Simoneaux and Cheryl Ray are currently designated investment officials responsible for the investment of funds consistent with the City's adopted investment policy; and, WHEREAS, Chris Boone is to be deleted as an investment official effective September 21, 2022 and Kenneth R. Williams is to added as designated investment official responsible for the investment of funds consistent with the City's adopted investment policy effective September 21, 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 Chris Boone is to be deleted as an investment official effective September 21, 2022 and Kenneth R. Williams is to be added as designated investment official responsible for the investment of funds consistent with the City's adopted investment policy effective September 21, 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 20th day of September, 2022. - Mayor Robin Mouton - TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND L� City Council Kenneth R. Williams, City Manager Todd Simoneaux, Chief financial Officer September 20, 2022 Council consider a resolution changing authorized representatives for Texas Range Investment Program. The Texas Range Investment Program was created by and for Texas local governments, The program provides investment options tailored to the needs of Texas cities, counties, school districts and other public investors. The Texas Range portfolios seek to provide these investors with safety, flexibility and competitive yields. Chris Boone, Todd Simoneaux and Cheryl Ray are currently authorized representatives for the City with Texas Range. Keruheth R, Williams, Todd Simoneaux, and Cheryl Ray are being designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit funds for investment in Texas Range and are each further authorized to withdraw fiends as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local fiends. Chris Boone to be deleted as an authorized representative effective September 21, 2022 and Kenneth R. Williams added effective September 21, 2022, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO, WHEREAS, Chris Boone, Todd Simoneaux and Cheryl Ray are currently authorized representatives for Texas Range Investment Program; and, WHEREAS, Chris Boone is to be deleted as an authorized representative with Texas Range Investment Program effective September 21, 2022; and, WHEREAS, Kenneth R. Williams is to be designated as an authorized representative for the City of Beaumont effective September 21, 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 Kenneth R. Williams is to be designated as authorized representative for the City of Beaumont effective September 21, 2022 and is hereby authorized to transmit funds for investment in Texas Range Investment Program and is further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds; and, BE IT FURTHER RESOLVED THAT Chris Boone is to be deleted as an authorized representative with Texas Range Investment Program effective September 21, 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 20th day of September, 2022. - Mayor Robin Mouton - TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public Rinds investment pool. BACKGROUND The Texas Local Government Investment Pool (TexPool), a public fiends investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. TexPool was approved as an investment alternative for the City of Beaumont on November 6, 1996. Chris Boone, Todd Simoneaux and Cheryl Ray are currently authorized representatives for the City with TexPool, Keimcth R. Williams, Todd Simoneaux and Cheryl Ray are being designated as authorized representatives for the City of Beaumont and are hereby authorized to transmit fiends for investment in TexPool and are each further authorized to withdraw finds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local fiends. Chris Boone to be deleted as an authorized representative effective September 21, 2022, and Keimeth R. Williams is to be added as an authorized representative effective September 21, 2022. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on November 5, 1996, the City Council of the City of Beaumont, Texas adopted Resolution No. 96-273 approving the Texas Local Government Investment Pool (TexPool) as an investment alternative for the City of Beaumont; and, WHEREAS, Chris Boone, Todd Simoneaux and Cheryl Ray are currently authorized representatives with TexPool; and, WHEREAS, Chris Boone is to be deleted as an authorized representative with TexPool effective September 21, 2022; and, WHEREAS, Kenneth R. Williams is to be designated as an authorized representative for the City of Beaumont effective September 21, 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 Kenneth R. Williams is to be designated as authorized representative for the City of Beaumont effective September 21, 2022 and is hereby authorized to transmit funds for investment in Texas Local Government Investment Pool (TexPool) and is further authorized to withdraw funds as needed, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds; and, BE IT FURTHER RESOLVED THAT Chris Boone is to be deleted as an authorized representative with TexPool effective September 21, 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 20th day of September, 2022. - Mayor Robin Mouton G TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive funding from the Department of Homeland Security 2022 Port Security Grant (PSGP) Program in the amount of $653,175. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). This grant can be -utilized to enhance the security of the Port of Beaumont and the agencies that support it since the Port is designated as critical to national infrastructure. The project total of $870,900 will provide funding for the 01phase of the EOC buildout to provide offices and work rooms for Traffic and SAU as well as multi -use space for training. The federal grant would cover 75% of the project totals. Beaumont's portion would be $217,725, FUNDING SOURCE Capital Reserve Fund in FY 23. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in the amount of $653,175.00 through the Department of Homeland Security 2022 Port Security Grant Program (PSGP); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Department of Homeland Security 2022 Port Security Grant Program (PSGP) in the amount of $653,175.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2022. - Mayor Robin Mouton - I September 20, 2022 Consider an ordinance amending the FY 2022 Budget TEXAS TO: City Council FROM: Keinieth R. Williams, City Manager PREPARED BY: Todd Sinioneaux, Chief Financial Officer MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider an ordinance amending the FY 2022 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfirnd transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. Internal Service Funds are fiinded through transfers from other fiends and/or user fees from the departments that they support. The General Liability Fund does not charge user fees but relies solely on transfers to fiind its operations. A transfer of $3,200,000 ($3.14 million from the General fund and $60,000 from the Solid Waste Fund) is being proposed this fiscal year to strengthen the fiind balance for FY 2023. Also, the General Liability Fund is projected to exceed budgeted expenditures by $2,439,700 due to a settlement with the county, A budget amendment in the amount $2,550,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $4,000 $3,200,000 $3,204,000 Total Expenditures $914,200 $2,550,000 $3,464,200 2. 1'he Employee Benefits Fund has a proposed budget amendment in the amount of $4,000,000 ($3.76 million from the General Fund, $200,000 from the Solid Waste Fund, and $40,000 for the Hotel Occupancy Tax Fund) to offset increased expenses. Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by $1,860,000 due to high health claims, A budget amendment in the amount $2,000,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Employee Benefits Fund Original Budget Proposed Amendment Amended Budget Total Revenues $23,034,600 $4,000,000 $27,034,600 Total Expenditures $25,360,200 $2,000,000 $27,360,200 3. The Solid Waste Fund is projected to exceed budgeted expenditures by $900,000 due to overtime, inflation, a $60,000 transfer to General Liability fiend as mentioned in item 1 and a $200,000 transfer to the Employee Benefit fiend as mentioned in item 2. A budget amendment in the amount $1,100,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,970,500 $1,100,000 $14,070,500 4. The Municipal Airport Fund is projected to exceed budgeted expenditures by $203,500 due to inflation and an unbudgeted purchase of a flight simulator. An amendment in the amount of $250,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Municipal Airport Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,027,400 $250,000 $1,277,400 5. The Municipal Transit Fund is expected to exceed the budget by $343,100 due to increased fleet and repair costs. An amendment in the amount of $500,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Also, $3,000,000 is being transferred from the General Fund to support operational costs in FY23. Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Revenues $10,068,700 $3,000,000 $13,068,700 Total Expenditures $11,322,500 $500,000 $11,822,500 6. A budget amendment in the amount of $900,000 is proposed cover the city's match regarding tropical storms Laura. These fiends will be transferred from the General Fund. Laura Recovery Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,827,797 $900,000 $4,727,797 7. Transfers in the amount of $16,760,000 are being proposed in the General Fund. A $6.5 million transfer to the Capital Reserve Fund is being recommended to help fund costs that are being proposed in the FY23 Budget, $1.14 million to the General Liability Fund as mentioned in item 1, $3.76 million to the Employee Benefits Fund as mentioned in item 2, $3 million to the Municipal Transit Fund to help cover operating costs as mentioned in item 5, $900,000 to the Laura Recovery Fund to cover the city's match regarding tropical storm Laura as mentioned in item 6, and $1.46 million to the General Improvements Fund. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,959,700 $6,500,000 $10,459,700 General Fund Previously Amended Budget Proposed Amendment Final Amended Budget Total Expenditures $139,912,500 $16,760,000 $156,672,500 8. The Debt Service Fund has a proposed budget amendment in the amount of $4,100,000 due to a $3,765,000 transfer to the Streets Improvement Fund and related bond sale costs. Debt Service Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $17,697,900 $4,100,000 $21,797,900 9, The Fleet Management Fund is projected to exceed budgeted expenditures by $615,600 due to inflation, An amendment in the amount of $800,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Fleet Management Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $9,677,700 $800,000 $10,477,700 10. The Hotel Occupancy Tax Fund is projected to exceed budgeted expenditures by $40,000 due transfer to the Employee Benefits fiend as mentioned in item 2. An amendment in the amount of $50,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Hotel Occupancy Tax Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $4,209,300 $50,000 $4,259,300 11. The Covid-19 Fund is projected to exceed budgeted expenditures by $1.8 million due to unforeseen covid costs. An amendment in the amount of $2 million is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. COVID-19 Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $2,000,000 $2,000,000 $4,000,000 ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2022 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY, EMPLOYEE BENEFITS, MUNICIPAL TRANSIT, LAURA RECOVERY, AND CAPITAL RESERVE FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL LIABILITY, EMPLOYEE BENEFITS, SOLID WASTE, MUNICIPAL AIRPORT, MUNICIPAL TRANSIT, GENERAL, DEBT SERVICE, FLEET MANAGEMENT, HOTEL OCCUPANCY TAX, AND COVID-19 FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2022 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional revenues and expeditures in the General Liability Fund as shown below: General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $4,000 $3,200,000 $3,204,000 Total Expenditures $914,200 $2,550,000 $3,464,200 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional revenues and expenditures in the Employee Benefits Fund as shown below: Employee Benefits Fund Original Budget Proposed Amendment Amended Budget Total Revenues $23,034,600 $4,000,000 $27,034,600 Total Expenditures $25,360,200 $2,000,000 $27,360,200 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the Solid Waste Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,970,500 $1,100,000 $14,070,600 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the Municipal Airport Fund as shown below: Municipal Airport Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,027,400 $260,000 $1,277,400 Section 5. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional revenues and expenditures in the Municipal Transit Fund as shown below: Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Revenues $10,068,700 $3,000,000 $13,068,700 Total Expenditures $11,322,500 $600,000 $11,822,500 Section 6. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional revenues in the Laura Recovery Fund as shown below: Laura Recovery Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,827,797 $900,000 $4,727,797 Section 7. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to approve the transfer of funds into the Capital Reserve Fund and to appropriate additional funds to cover expenditures in the General Fund and as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,959,700 $6,500,000 $10,459,700 General Fund Previously Amended Budget Proposed Amendment final Amended Budget Totai Expenditures $139,912,500 $16,760,000 $156,672,500 Section 8. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the Debt Service Fund as shown below: Debt Service Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $17,697,900 $4,100,000 $21,797,900 Section 9. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the Fleet Management Fund as shown below: Fleet Management Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $9,677,700 $800,000 $10,477,700 j Section 10. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the Hotel Occupancy Tax Fund as shown below: Hotel Occupancy Tax Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $4,209,300 $50,000 $4,259,300 Section 11. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2021 through September 30, 2022, be and the same is hereby amended to appropriate additional expenditures in the COVID-19 Fund as shown below; COVI©-19 Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $2,000,000 $2,000,000 $4,000,000 Section 12. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 13. 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 20th day of September, 2022. - Mayor Robin Mouton - September 20, 2022 Consider• authorizing the City Manager to execute Change Order No. 1 to the contract with Allco, LLC for• the Collier's Ferry Pump Station Project TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Allco, LLC. for the Collier's Ferry Pump Station Project. BACKGROUND On April 12, 2022, by Resolution No. 22-I08, City Council awarded a contract to Allco, LLC, of Beaumont, in the amount of $25,088,259.00 for the Collier's Ferry Pump Station Project. Proposed Change Order No. 1, in the amount of $152,935.00, is required to re-route an existing electrical duct bank that conflicts with the tunneling shaft. Refer to the attached drawing for the layout of the existing duct bank shown as a red line, the new duct bank shown as a green line, and the tunnel shaft shown as a blue circle. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $25,241,194.00 The contractor's initial plan was to begin excavation at the Lawson RWPS tunneling shaft and work towards the intermediate shaft. During layout and excavation, a duct bank was discovered to be crossing through the location of the tunneling shaft. Upon ftirther investigation it was discovered that the duct banks with electrical and control wires for the Fine Screens were not installed per the record drawings for the 2001 Lawson RWPS Phase I Improvements. The contractor has revised their schedule to begin work at the Collier's Ferry Park Pump Station and work towards the intermediate shaft to give Allco and their electrical subcontractor time to reroute the duct banks that are in conflict with the shaft excavation. FUNDING SOURCE Capital Program and FEMA. RECOMMENDATION Approval of the resolution. RESOLUTION NO, 22-108 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Collier's Ferry Pump Station Project; and, WHEREAS, Allco, LLC, of Beaumont, Texas, submitted a bid in the amount of $25,088,269.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Allco, LLC, of Beaumont, 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 Allco, LLC, of Beaumont, Texas, in the amount of $25,088,259.00, for the Collier's Ferry Pump Station Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Allco, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of April, 2022. a P Mayor Robin Mouton CITY Or BEAUMONT Date: Seplemba 14, 2022 Project: WU022244 Collier's Terry Pump Station Owner: City of Beaumont Contractor: Alleo, LL.0 Change Order No.: 1 THE FOLLOWING CHAWKS IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Itc-route all a ISlhrb Clew ical duct hank that cenflicls with the tunneling shaft. IteniNo. Description linty lodglualQuarilltyl NewQvtinthy UnitP lee Change Order Amount ADD A.2.1 R114013TL, ELECTRICAL DUCT DANIGLAIVSONR%VPS L4 L00 S152,935.00 S152,935.00 SUBTUTAL $152 935.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $152,935.00 0 - CALENDAR HAYS WH L BE ADDED TO TII>: CONTRACT TIME BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: $ 25,08g,259,00- NET FROM PREVIOUS CHANGE ORDERS: S TOTAL AMOUNT OF THIS CHANGE ORDERt S 152,935.00 PERCENT OV THIS CHANGE ORDER: 0.61% TOTAL PERCENT CHANGE ORDERTO DATE: 0.61% NEW CONTRACT AMOUNT: $ 25,241,194.00 ORIGINAL CONTRACT TIME: 900 Calendar Days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: 0 Calendar Days ADDITIONAL. CONTRACT TIMP PER THIS CHANGE ORDER: 0 Calendar Days REVISED CONTRACT TJ"E: 900 Calendar Days CONDITION OF CHANGE: ' "Contractor acknowledges and ag`ccs that the udjusttncnis In ceiuracl price and contract time stipulated ht this Change Order represents Rill compcnsallon for all increases and ilccrcascs in the cost of, and the time required to petform the entire work under the contract arising d'srccily or indirectly from this Change Order and all. previous Change Ordets. Acceptance of this waiver constitutes an agreement between Owner and Contractor thul Elie Change Order represe:ts an all inclusive, mutually agreed opaa adjustment to the Contract, and that Contractor will waive allrights to file a claim on this Change Order alter it Is properly execuled." ACCEPTED,11 ' ALLCO,LLC IDATE CONTRACTOR REVIEWED BY: AMAUA VTLLARREAL, PX DATI CITY ENGINEER APPROVED BY: ICENNE,TH R. WILLIAMS DATI CITY hIANAGL+R PREPARED BY: EVANGEUNK BURKART, FIT DATE ROADWAY DESIGNER RE WE BY: -bAI& BARTROWIA DATE DIRECTOR OF PUBLIC WORICS AND TECHNOLOGY SERVICES ATTESTED BY., TINA BROUSSARD CITY CLERK DATE Dea�4n Budd. Constructron l4anagement° General Contractors P.O. Box 3684, Beaumont, Texas 77704 Phone: 409-860-4459 Fax: 409-860-3857 Email: allco@allco.com September 6, 2022 Freese & Nichols 10497 Town & Country Way, Suite 500 Houston, TX 77024 Attn: Rami Abusheikh Re: City of Beaumont Collier's Ferry Pump Station Change Proposal 1—Relocate Electrical @ Lawson PS Shaft Dear Mr. Abusheikh: Allco proposes the following change order to relocate electrical in conflict with shaft at Lawson's Pump Station DESCRIPTION/COST SUMMARY See attached quote from Electrical Specialties for details Relocate electrical In conflict with microtunnel shaft at Lawson's Pump Station; Pricing also Includes Allco's cost to assist Electrical Specialties and remove the existing ductbanlc after the new ductbank is installed and put in service Time Extension-30 Calendar Days ITEM ] LABOR I MATERIALS I EQUIPMENT I SUBCONTRACTOR I MARKUP/OH 1 TOTAL Relocate $10,857.00 $0.00 Electrical @ Lawson's PS $2,800.00 1 $119,330.00 1 $19,948,00 1 $152,935.00 Please contact the undersigned if you have questions or Issues regarding this matter. Respectfully, Allco, LLC rz,-� , ,�. Brandon Harrison PROPOSALICONTRACT Date: 912122 1 Project # Lawson Electrical Specialties, Inc. 1550 Langham Rd Beaumont, Texas 77707 Phone (409)860-5211 Fax (409)860-5851 TDLR #17109 Regulated. by the Texas DLR. P.O. Box 12157 Austin, Texas 78711 (800)803-9202 / (512)463-6599 t WW'license.state.tx.us/contplaints CREDIT TERMS: NET 30 DAYS Invoices are subject to a finance charge of 1.5%per month, annual rate of 10ry on a I balances over 30 days. Any apd all retatnage will he paid wlihln 30 days from the completion of electrical work. ESI will abide by the Ilan provisions of Chapter 63 of the Property Code of the State of ToXas. The undersigned purchaser hereby agrees to pay attorney's fees Incurred by ES] to collect unpaid balances. Work performer{ for. City of Beaumont - CIO for Lawson Duct Bank re -location Below Is cost associated with the relocation of an existing duct bank located at the Lawson Pump Station. Price includes all conduit, red concrete, hydro -excavation (to ensure no existing conduits are damaged), fill dirt, removal of spoils from site, shutdown and re -connect of existing equipment (to be coordinated with theCity of Beaumont and Allco), tie In to existing) -box, new conductors, re- work antenna grounding and associated conduits, and all labor associated. Base Bid: $119,330.00 Breakdown: Labor: $35,586.00 Red Concrete: $13,500.00 . fiydo Truck: $16,600,00 Misc. Electrciai materials: $53,644.00 Excludes: tax, removal of existing duct bank concrete and materials from site, and any dumpster fees or overti me work. Deduct Offered: $3,1.00.00 if hydro excavation dirt can be dumped and spread on site, PRICESUBJECT TO REVIEW AFTER 30 DAYS Sales Tax Included ❑ No Sales Tax Q ACCEPTANCE OF BID I have the authority to order the above work and do so order as outlined above. The above specifloallons, terms and contract are satisfactory, and (1)1(we) hereby authorizo the performance of this work. FITLF Elate Justln Burns Vice President - Electrical Specialties, Inc. Date 1 Langham Rd. Beaumont, 0. 409-860-5211 Callier's Ferry C/O for Lawson Duct Bank Relocation -- Quoted By: Justin Burns Below is cost associated with the relocation of an existing duct bank located at the Lawson Pump Station. Price includes all conduit, red concrete, hydro -excavation (to ensure no existing conduits are damaged), fill dirt, removal of spoils from site, shutdown and re -connect of existing equipment (to be coordinated with the City of Beaumont and Allco), tie in to existing! - box, new conductors, re -work antenna grounding and associated conduits, and all labor associated. Base Bid: $119,330.00 Breakdown: Labor. $35,586.00 (3 %Z weeks for (4) men and coordination with City Employees for shut down and start-up) Red Concrete: $13,500.00 (60YDS) includes truck clean outs and pump truck Hydro Truck: $16,600,00 (4 days at $4,150.00 per day) Includes all fees Misc. Electrical materials: $53,644.00 Includes: 300' — 4" PVC 200' —1 Y2" PVC 200' -- 2" PVC 900, —1" PVC 1400' - 3/" PVC 2900' - #10 THHN Copper Wire 5400' - #12 THHN Copper Wire 1500' - #4 THHN Copper Wire 800' - #8 THHN Copper Wire 1000 - #14 THHN Copper Wire All bricks, steel rods, and baskets for conduit seat in duct bank Rigid Aluminum Stub ups per each conduit Fittings for connections to existing boxes Select Fill dirt to cover new duct bank Excludes: tax, removal of existing duct bank concrete and materials from site, and any dumpster fees or overtime work. Deduct Offered: $3,100.00 if hydra excavation dirt can be dumped and spread on site. y� ©% �� �\ RESOLUTION NO. WHEREAS, on April 12, 2022 the City Council of the City of Beaumont passed Resolution No. 22-108 awarding a contract in the amount of $25,088,259.00 to Allco, LLC, of Beaumont, Texas, for the Collier's Ferry Pump Station Project; and, WHEREAS, Change Order No. 1, in the amount of $152,935.00, is necessary to re-route an existing electrical duct bank that conflicts with the tunneling shaft, thereby increasing the total contract amount to $25,241,194.00; 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 $152,935.00, for the additional work described above, thereby increasing the total contract amount to $25,241,194.00 for the Collier's Ferry Pump Station 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2022. - Mayor Robin Mouton - 3 September 20, 2022 Consider approving the write-off of uncollectible delinquent accounts TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, CFO MEETING DATE: September 20, 2022 REQUESTED ACTION: Council consider a resolution approving the write-off of uneollectible delinquent accounts. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to July 2021 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year. A summary by receivable type is shown below. Demolition -- $9,600.00 The original charge date is August 2019. EMS Ambulance Charges $465,476.57 These charges from ambulance transports include uninsured claims or co -pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2021. General Nuisance — $3,800.00 The original charge dates range from 2018 to 2019. Weed Abatement Charges - $26,089.69 The original charge dates range from 2017 to 2020, Total to be written off - $504,966.26 If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling $504,966.26 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: Demolition Charges $9,600.00 EMS Ambulance Charges $465,476.57 General Nuisance Charges $3,800.00 Weed Abatement Charges $26,089.69 BE IT FURTHER RESOLVED THAT if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. 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 20th day of September, 2021. - Mayor Robin Mouton - WRITE OFF REQUEST - AUGUST 2022 ACCOUNTS $1000 and GREATER BY TYPE DEMOLITION 9,600.00 8/2019 - 8/2019 EMS 465,476.57 9/2018 - 7/2021 GENERAL NUISANCE 3,800.00 12/2018 - 12/2019 WEED ABATEMENT 26,089.69 3/2017 - 9/2020 TOTAL 504,966.26 RUIZ, JOSE 1,002.00 BARNETT CHAPEL CHURCH OF 1,050.00 BROUSSARD, KELLI BAGLEY 1,068.79 MCCAFFERTY PAUL E ESTATE 1,075.20 CARTER VERLINE (DECEASED) 1,097.00 BROSNAHAN, BRUCE E 1,119.80 SHARP, MYRELE 1,163.92 WILSON L C ET UX 1,210.00 HAMM, HOYT E 1,229,05 SUNLIGHT BAPTIST CHURCH 1,450.75 KNIGHTS OF PETER CLAVER 6 1,465.14 SIBLEY, THOMAS J 1,475.50 W ILSO N, L C 1,550.28 PATTERSON, ABE (DECEASED) 1,722.50 DAVIS, HELEN (DECEASED) 1,775.14 ARNOLD JOHN V 1,803.98 JOHNSON SELENA P (DECEASE 1,877.80 SHELTON AND HORN HOLDINGS 2,028.14 WARREN BROTHERS INC 2,238.50 SUNLIGHT MISSIONARY BAPTI 2,486.20 CREASY, CHAKULA 9,600.00 BIAGAS, LINDA 1,000.00 WILLIAMS, GLORIA 1,000.00 SIMPSON, MICHAEL 1,002.02 WEBER, JOHN 1,015.00 JONES, RAYMOND 1,015.00 CHARLES, DENNY 1,020.00 GONZALES, JASON 1,020.00 LINDSEY, DAVID 1,025.00 NELSON, LINDA 1,060.00 ISADORE, VERONICA 1,063.00 REYNA, EDER 1,080.65 GOMEZ, MEGAN 1,100,00 JACKSON, NATHA 1,105.00 SIMMONS, JAMES 1,110.00 EXHIBIT "A" BRUNET, JERRY 1,118.85 HAQ, ZABEEH 1,123.44 DECQUIRE, JOHN 1,123.90 JOHNSON, MARKECIA 1,126.82 NICHOLAS, ANGELA 1,140.45 JULES, MARY 1,155.00 WINGATE, ARCHIE 1,156.79 BOLT, ENOLIA 1,210.00 BROOKS, MAXINE 1,225,00 MARTIN, JEFFREY 1,240.91 MORALES, DIANA 1,250,00 WOODS, TERRY 1,250.00 RUFFIN, PATRINA 1,317.29 JOSEPH, BERNARD 1,325.00 HARRIS, DEBORA 1,325.00 SCOTT, CAME RON 1,345.00 GROGAN, HAROLD 1,371.50 GARCIA, YURIRIA 1,455.00 GILMORE, QUINTINA 1,495.00 CLAYTON, DENNIS 1,495.00 BOUDREAUX, CARL 1,500.00 BRADLEY, JOHN 1,500.00 WIGGINS, GLADYS 1,503.16 HAMILTON, CHAMYRA 1,510.00 POORE, JUDY 1,510.00 BRISCOE, ASHLEY 1,525.00 FORTE, OTIS 1,525.00 WHITEHEAD, CLARENCE 1,525,00 ARDOIN, JEREMIAH 1,525.00 JACKSON, JOSEPH 1,525,00 WHITTINGTON, GEORGIA 1,525.00 BENSON, PHILLIP 1,525.00 GUILLORY, AUGUST 1,525.00 DILL, HENRY 1,540.00 LE, TAM 1,540.00 ROYAL, JAMES 1,540.00 BAILEY, ANTONIO 1,540,00 LITTLE, BRENDA 1,540.00 RAMIREZ, EMMANUEL 1,540,00 KNIGHT, CHANELL 1,540.00 GARCIA, GUADALUPE 1,540.00 LESTER, LAURA 1,540.00 PERRY, GREGORY 1,540.00 RICHARD, JUSTIN 1,540.00 COLE, STANLEY 1,540.00 STELLY, JOSEPH 1,554.54 JOHNSON, TONY 1,555.00 CRUSE, WILLIAM 1,555,00 TURNER, JOSEPH 1,555.00 JOHNSON, DERRICKA 1,555.00 GUILLORY, EARNEST 1,555.00 CLOY, LOU 1,555.00 BREED, GAVIN 1,555.00 FRANKLIN, CATHY 1,570.00 SALAZAR, MELINDA 1,570.00 SILVEY, KENNETH 1,570.00 RIVERA, CRYSTAL 1,570.00 JONES, ELTON 1,570.00 GONZALES, GREGORY 1,570.00 BRANCH, JEREMIAH 1,570,00 COMPTON, BERNELL 1.,570.00 HAIRGROVE, JANIS 1,575.00 SAVOY, JASMINE 1,585.00 MCGUIRE, ELVIS 1,585.00 MALDONADO, KRISTEN 1,585.00 PATTERSON, JUSTIN 1,590.00 THOMAS, DAVID 1,590.00 SLAYMAKER, RICHARD 1,593.72 COOPER, JOHNNY 1,599.75 BERTRAND, ANTHONY 1,610.00 PATILLO, ALICE 1,611.49 CHARLES, JAMES 1,615.00 LEWIS, UNEEDA 1,615.00 GRANT, SHELIA 1,615.00 GRANT, MILDRED 1,615.00 MUNOZ, BIENVENIDO 1,615.00 MASON, ICESES 1,620.00 GIBSON, TAMARA 1,620.00 RAYFORD, LATINA 1,620.00 PALMER, TINA 1,625.00 BIAS, DONALD 1,625.00 GRAUKE, STEPHANIE 1.,625.00 CAMERON, RECO 1,630.00 MINOR, DERRICK 1,630.00 JOHNSON, LEE 1,630.00 LOUPE, JODIE 1,630.00 ROBERTS, JOHNATHAN 1,630.00 COLEMAN, DAVID 1,635.00 TRAINER, ARTHUR 1,645.00 JONES, CAROLYN 1.,645.00 SACHDEVA, BALBIR 1,650.00 HARDEN, FREDRICK 1,650.00 LEE, DAVID 1,650.00 SCHOFIELD, CHRISTOPHER 1,650.00 NEWSUM, BRADLEY 1,655.00 DECHANTS, ALEXIS 1,660.00 KEARNEY, CYMONE 1,660.00 THOMAS, MOSES 1,665.00 WILSON, MAIA 1,665.00 BROWN, KATHERINE 1,665.00 MILLER, EARLENE 1,665.00 PLUMMER, COREY 1,675.00 DOFFONEY, LEE 1,690.00 NETTERVILLE, CHASITY 1,700.00 TRAINER, CHERYL 1,700.00 MCEWAN, LYNN 1,705.00 MOORE, OTHA 1,710.00 THIBODEAUX, MONTY 1,715.00 DYSON, SAMANTHA 1,740.00 MCCARTY, BYRON 1,750.00 RANDLE, RUBY 1,760.00 MORRIS, BRITTANY 1,765.00 DYES, MELVIN 1,770.00 HUBBARD, ROSA 1,840.03 MCDANIEL, MONTE 1,846.78 KELLY, CHARLES 1,852.72 DAVIS, TINA 1,900.00 GARRETT, TONJIA 1,981.10 LEMALLE, ANTISSIA 1,988.00 BROOKS, DAVID 2,000.00 MARTIN, RENADE 2,020.00 THIBEDEAUX, CAROLYN 2,145.00 WILLIS, MAE 2,165.00 BARRY, JADRIEN 2,265.00 GARR, STACY 2,310.00 BROWN, JAMES 2,310.00 MATIENZO PRAMPEN, CLARO 2,310.00 ERICKSON, AUTUMN 2,325.00 LOCKEMAN, ALEX 2,325.00 FREEMAN, AMBER 2,325.00 GILMORE, EMILY 2,340.00 HANKINS, ROBERT 2,340.00 STEWART, RANDY 2,355.00 ANDERSON, JEREMY 2,355.00 SOLIS, JAVIER 2,355.00 LEMONS, JERRY 2,355.00 CONNOR, MICHELLE 2,365.00 DIXON, JEFFREY 2,370.00 COLLIER, BRYON 2,370.00 CROSS, GENE 2,370.00 HARMON, EDNA 2,385.00 FREELAND, DEBRA 2,390.00 LIVING, BRITNEY 2,405,00 CEASAR, SHERONDA 2,425,00 GERARD, STEVEN 2,435.00 SCOTT, CHRISTOPHER 2,455.00 LACY, LINDA 2,490.00 CARR, GLORIA 2,505.00 ROBERTSON, DEVERNE 2,525.00 GRANGER, IESHA 2,535.00 WATKINS, SUSAN 2,545.00 BUSHNELL, JESSICA 2,640.00 FRANCOIS, ASHLEY 2,689.27 WILLIAMS, BRIAN 2,749.99 CASTILLO, DAMIEN 3,020.00 FALKE, ROBERT 3,035.00 FRANKLIN, TREY 3,050.00 BARROW, CHARA 3,055,00 EAGLETON, JORDYN 3,155.00 HARROD, DANA 3,155.00 GUILLORY, ANDRE 3,180.00 LAMB, AVERY 3,200.00 WILEY, TYSMEN 3,230.00 LEFTWICH, MAUREANA 3,240.00 WILLIS, PLEAMAN 3,280.00 DIXON, LAURA 3,335.00 SANDERS, DONNY 3,389.75 OWEN, ZACHARY 3,715.65 DOMINGUE, GLYNN 3,850.00 BOUDREAUX, GLENNY 4,075.00 SMITH, KAFTA 4,195.00 GAINES, VALERIA 4,400.00 WARNER, RICHARD 4,655.00 PATTERSON, TIFFANY 4,745.00 WINGATE, GREGORY 4,935.00 BEST, SHAUN 5,005.00 WALKER, SAMUEL 5,570.00 GREEN, GLENN 5,580.00 MCCLAIN, RANSOM 5,670.00 CANE, DELIA 5,695.00 SPONGIA, GENEA 6,085.00 BEALL, MARK 6,460.00 JACKSON, LARRY 7,345.00 SUTTLE, LETHA 7,590.00 COOK, DONALD 8,435.00 PHILLIPS, TEANA 8,545.00 EDWARDS, STACY 10,475.00 BAILEY, TRESSY 11,250.00 FALLS, JARAD 12,42S.00 TOTAL 504,966.26 PUBLIC HEARING Receive comments on the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kenneth R. Williams, City Manager Chris Boone, Planning & Community Development Director September 20, 2022 Council conduct a Public Dearing to receive comments on the 2021 Consolidated Annual Performance and Evaluation Repoli (CAPER). As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings in previous years prior to submittal of the City's Consolidated Annual Performance and Evaluation Report (CAPER). Community Development Staff published a request to receive public comments on the 2021 CAPER in the Beaumont Examiner newspaper on August 11, 2022. Attached is the financial summary for the grant year completed and several IRIS reports that will be submitted to HUD with the CAPER. FUNDING SOURCE U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. 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N B-21 CAPER Public Service Activities July 1, 2021 - June 30, 2022 Activity Number 2020 Grant Year Budget @ 711 /21 Expended 7/21-6122 Unliquidated Obligation @ 6130122 CASA 2285 11,639.79 11,639.79 0.00 Child Abuse and Forensic Servic( 2264 7,627.54 3,325.85 4,301.69 Henry's Place/Some Other Place 2275 14,777.84 14,777.84 0.00 Hope Women's Resource Clinic 0000 10,000.00 0.00 10,000.00 lEA - Inspire, Encourage, Achiew 2305 17,507.60 17,507.60 0.00 Julie Roger's "Gift of Life" 2318 17,507.60 17,507.60 0.00 SETX Family Resource Center 2296 17,507.60 17,507.60 0.00 2021 Grant Year CASA 2330 20,000.00 0.00 20,000.00 Child Abuse and Forensic Serviei 2316 20,000,00 16,112.00 3,888.00 Family Services of SETX 2308 20,000,00 20,000.00 0.00 Girl's Haven 2325 13,999.00 13,999.00 0.00 Henry's Place/Some Other Place 2333 20,000,00 0.00 20,000.00 Hype Freedom School 0000 8,569.00 0.00 8,569.00 Jonathan Williams Center FPA 2326 13,999.31 13,999.31 0.00 Julie Roger's "Gift of Life" 2319 20,000.00 20,000.00 0.00 Legacy CDC/Tender Loving Care 2306 14,000.00 9,501.40 4,498.60 Mental Health America of SETX 0000 12,000.00 0.00 12,000.00 Nutrition and Services for Senior: 2331 3,431.00 0.00 3,431.00 SETX Family Resource Center 2324 20,000.00 14,262.10 5,737.90 Total 282,566.28 190,140.09 92,426.19 B-21 CAPER Planning and Administration Activities July 1, 2021 - June 30, 2022 Activity Number 2020 Grant Year Sec 108 Loan Repayment 0000 Administration 2272 2021 Grant Year Sec 108 Loan Repayment 0000 Administration 2307 Total Budget Expended Unliquidated @ 711121 7121-6122 Obligation @ 6/30122 0.00 0.00 0.00 42,457.73 42,457.73 0.00 0.00 0.00 0.00 270,728.36 163,884.97 106,843.39 313,186.09 206,342.70 106,843.39 m 0 a to c- r mm 0 0� t-� rn m to m Pi mmo M t0 lD f�l m In to to W 10 19 0 E+ nn � p 0 OR E O � CS Ci raw mm caw i P{ � SAS wo D PR NU H r1 � Nw 0 to Ei "n +6 M r13 11 N na m aA mm iV i� CDBG Financial Summary (B-21-MC-480003) Justifications of Adjustments Program Year Covered: 07-01-2021 to 06-30-2022 Part 1: Summary of CDBG Resources Line 05: Detail of Current Year Program Income: Clearance and Demolition Historic Preservation Total Cturent Year Program Income SEE ADJUSTMENT $12,820.00 6,351.78 $19,171.78 ADJUSTMENT FOR PROGRAM YEAR 2021: Part III: Low/Mod Benefit This Reporting Period Line 20: Adiustment To Compute Total LowlMod Credit Per Response From IDIS Ask -A -Question: An issue with the PR26 Financial Summary Report occurred after Release 11.25 in IDIS was implemented. Grantees will need to make an adjustment on their report. Many if not all activities with a national objective of LMH are being excluded in the PR26 Low/Mod calculation. The IDIS programmers are aware of this issue and the report will be corrected in a future IDIS release. HUD #2243 Minor Repair -Habitat For Humanity (14A/LMH) $ 2,000.00 HUD #2243 Minor Repair -Habitat For Humanity (14A/LMH) 5,167.70 HUD #2297 Minor Repair -Habitat For Humanity (14A/LMH) 300,000.00 HUD #2313 Minor Repair -Habitat For Humanity (14A/LMH) 203,247.86 Total $ 510,415.56 Financial Summary Attachment: Program Year 2021 A. Program Income Received 1, a, Program income returned to each revolving fund: $0.00 N/A $0.00 b. Program income received from any other source: $19,171.78 Clearance and Demolition $12,820.00 Historic Preservation $ 6,351.78 2. Amount repaid on each float -funded activity (see page 2-17 of handbook 6510.2, rev.2): nla 3. All other loan repayments broken down by the categories of housing rehabilitation, economic development, or other. nla 4. Amount of income received from the sale of property by parcel. nla 5. Program income and investments of cash balances in excess of one -twelfth of the most recent grant amount must be remitted to HUD to be placed in the grantee's line -of -credit (570M4(2)(iii) within 60 days after P.Y end. Calculation of excess amounts should be included here. 1 405 240 = $117,103.33 Total Program Income: $19,171.78 12 If a grantee operates RLF(s), a calculation of the interest earned during the reporting period. This amount (if over $100), must be remitted to HUD for transmittal to the Treasury at least annually, within 60 days of the end of the PY. Calculation of interest earned should be included here. N/A B. Prior Period Adjustments NIA C. Loans and Other Receivables Each float -funded activity outstanding as of the end of the reporting period, the principal balance as of that date, and the date(s) by which the funds are expected to be received. nla a. The total number of other loans outstanding and the principal balance owed as of the end of the reporting period for each of the following categories as applicable: housing rehabilitation; economic development; and other (Do not include the loans listed below in 2b) Historic Preservation: loans outstanding - 2 principal balance - $36,666.64 b. List separately the total number of outstanding loans that are deferred or forgivable, the principal balance owed as of the end of the reporting period, and the terms of the deferral or forgiveness, nia 3. The total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period. Defaults and written off due to bankruptcy: 0 4. A list of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period, (Do not include those parcels that are expected to remain in the public domain.) n/a For each lump sum drawdown agreement, list, a, the name of the financial institution b. date funds were deposited C. date the use of funds commenced d. percentage of funds disbursed within 180 days of deposit in the financial institution nla D. LOCCS RBCOnCillatiOn Unexpended Balance of CDBG funds LOC Balance Cash on Hand: Grantee Program Account Subreciplents Program Accounts Revolving Fund Cash Balances Section 108 Cash -Balances, Cash on Hand Total Grantee CDBG Program Liabilities (include any reimbursements due from program funds) Subrecipient CDBG Program Liabilities (include any reimbursements due from program funds) Liabilities Total Balance (provide an explanation if an unreconciled difference exists) Explanation (if applicable) E. Unprogrammed Funds Calculation Amount of funds available during the reporting period Income expected but not yet realized' Subtotal Less total budgeted amount Unprogrammed Balance $1, 522,487.32 1,250,711.41 1.250.711.41 ($188, 728.61) 0.00 ($188, 728.61) $ 460,604.62 $3,798,415,67 0.00 $ 3,798,416.67 ($ 3,798,415.67) $ 0.00 "This amount should reflect any income considered as a resource in the action plan (and any amendments) for the period covered by this report as well as that identified in prior action plans/final statements (including any amendments), that was expected to be received by the end of the reporting period but had not yet been received, e.g, program income or Section 108 proceeds not yet received from an approved 108 loan, D. LOCCS Reconciliation Explanation: The amount of $460,504,62 represents the residual payments from the termination of the Small Business Revolving Loan Fund Program (SBRLF). These funds were reported on the B20 CAPER as General Use Program Income that was receipted and expended in 1DIS during the 2020 Program Year. There is no Cash On Hand as of June 30, 2022, I WORK SESSION * Review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont TEXAS Work Session TO: City Council FROM: Kenneth R. Williams, City Manager c-s,:�7 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 20, 2022 REQUESTED ACTION: Council conduct a Work Session to review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Connnnittee to advise and act as a steering committee for platning and development efforts in Downtown Beaumont. BACKGROUND With the upcoming repair of Riverfront Park and a widespread desire to develop properties along Beaumont's riverfront, the City is now beginning the process of developing a new Downtown Plan in the coming months. In order to better inform and guide this process, it is recommended that an ad hoc Downtown Planning & Development Advisory Committee be established. This ad hoc steering committee is proposed to be comprised of nine members. Each Councilmennber would appoint one member and the Mayor would appoint three members, one of whom would serve as Chairman. Staff liaisons would also be appointed to serve the Committee. The format of this ad hoc committee is patterned after the ad hoc committee established by a prior City Council to evaluate recycling within the city (see attached). In addition to helping to guide this upcoming planning process, the establishment of the committee would also satisfy a requirement of the amended purchase agreement of 555 Main (see attached). During a discussion of this issue at the September 13, 2022 meeting of the City Council, there was some consideration of establishing a more formal, standing commission rather than a temporary ad hoc committee. Attached is portion of the City Ordinance which outlines the establishment of permanent boards and commissions. r � � E (/ V/ RICREA,U11011 VfdXTH OPPOnT[1NITY [1 T . E • x • A , s City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney April 21, 2009 REQUESTED ACTION: Consider a resolution authorizing the creation of an ad hoc committee to explore the feasibility of various recycling efforts for the City of Beaumont. RECOMMENDATION Administration recommends approval of a resolution authorizing the creation of an ad hoc committee. BACKGROUND The Mayor has suggested that a committee be established to explore the economic feasibility of various recycling efforts for the City of Beaumont. This committee would be comprised of nine members. Each Councilmember would appoint one member and the Mayor would appoint three members, one of whom would serve as the Chairman. The committee would take its direction from the Mayor with input from the Council, BUDGETARY IMPACT None. I RESOLUTION NO. 09-100 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT an Ad Hoc Committee be established for the purpose of determining the economic feasibility of a Recycling Program in the City of Beaumont, Texas. BE IT FURTHER RESOLVED THAT the Committee shall be composed of nine (9) members, three (3) appointed by the Mayor and one (1) appointed by each City Council member. The Mayor shall name one of the members as Chairman and one as Vice - Chairman. Members of the Committee shall serve without compensation and shall serve at the pleasure of the City Council. 2009. PASSED BY THE CITY COUNCIL, ofthe Clty of Beaumontthis the 21 st day ofAprii, JJ Vayor Becky Ames - BEAUMONT TO: City C0111l.61 FROM: Chris Boone, Interim City Manager -Mi PARED BY: Sharae N, Reed, City Attorney MEETING D,A,TE. July 19, 2022 RE, QuESTE,1) ACTION: Council consider a resolution authorizing the Intain-I City Manager to execute an Addendum to the Sates Contract of 555 Main Street, BACKGROUND The City purchased the property at 555 Main Street on July 29, 2021, The Sates co itract had a provision that prohibited the sate and/or rehabilitation .of the property, The proposed Addendum would remove. the rog1roment that the property be demolished, FUNDING SOURCE Now, MCOMMENDATION Approval of Tesollition, RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he Is hereby authorized to execute an Addendum to the Sales Contract of 555 Main Street to remove the requirement that the property be demolished. The Addendum 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 561, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. Mayor Robin Mouton - ADDENDUM TO SALES CONTRACT FOR. 555 MAIN STREET The Sales Contract executed on July 29, 2021, is hereby 1110d Hied as follows: 1, Article 10, the Buyer's information shall be amended to read: To the Buyer: Atte ition. Chris Boone With a Copy to; Sharae N, Reed Email: Sl arae Reed ccBeaurnouttoxas,gay. All other information shall remain thesame. 2, .Article 21 is deleted in its entirety and replaced with: Buyer agrees to do the following: 21, l Not use or allow (lie Property to be used for commercial office space. A small portion of the Property may be used as a commercial leasing offico if the Property is used for a residential Dousing. 21.1,1 The deed to tiw, Property shall be amended to include the following language: `Buyer acknowledges and agrees that the Property shall be conveyed subject to a deed restriction that provides the owner of the Property shall not operate, sell, lease, or allow the operation, sale, or lease of the Property as or -fora Conmiorcial Office Space frorr7. the recording of the deed (tire "Use Restriction"), For purposes of the Use Restriction, a Commercial Office Space shall mean a building that offers one or more rooms sulted to a businoss porforming officorelated or administrative dutles, including but not limited to, meeting clients or patients, housing dominientation, or solreduling appointments. The Use Restriction shall run with and bind the title of the Property and Buyer shall incorporate tiro Use Restriction by reference in any conveyance or leasehold estate of'all or any portion of the Property. 21.2 Develop and adopt a Downtown Security Rahancernent Plan no later than October 13 2022, 21.3 Foram an advisory committee empowered with the, purpose of formulating a long-term master plan for the revitalization of downtown Beaumont no later than October 3 1, 2022. This A.ddendurnshall be incorporated into and deemod a part of Clio Sales Contract, No addifional mod ifioations or a terations to the contract not exprossly stated heroin will be recognized as part of the Salos Contract. EXH1131T "A" § 2.02.001. Establishment; membership; appointment, term and qualifications of members. (a) City boards and commissions and their duties and responsibilities shall be `estab i'shed by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year terms, unless otherwise specified. Boards and commissions shall contain an odd number of members with each councilmember having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointments shall be by the city council for two-year terms effective October 1 of odd -numbered years. Appointments made to fill vacancies will expire September 30 of odd -numbered years. (b) The mayor shall appoint the chair and vice -chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. (d) All members of boards, committee and commissions shall serve without compensation. (e) All members of boards, committee and commissions shall be subject to removal at the will and pleasure of the city council. (fl These provisions shall not apply to the Beaumont Youth Advisory Council, (Ordinance 92-64, see. 1, adopted 8/25/92; Ordinance 00-19, sec. 1, adopted 2/15/00; Ordinance 05-035, sec. 1, adopted 4/5/05, 1978 Code, sec. 2-53; Ordinance 07-010, sec. 13, 2/6/07; Ordinance 15-049, sees. 1 2, adopted 11/10/15; Ordinance 17-037, sec. 1, adopted 6/6/17) :1