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HomeMy WebLinkAbout02/14/2023 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 14, 2023 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Proclamations, Presentations and Recognitions - Presentation on Consumer Recycling Education and Outreach Gant Program - Presentation on infrastructure grants to be used for mitigating lead pipe on private property Public Comment: Persons may speak on the Consent Agenda and Items 1 - 5 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 February 7, 2023 City Council Meeting Minutes B. Amend Resolution 21-292 to cancel the purchase of vehicles for Sewer Maintenance C. Authorize the City Manager to execute Change Order No, 3, accept maintenance, and authorize final paynlenit to Texas Drainage, Inc. for the FY22 Citywide Ditching Program D. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Allergan, and phartnacies CVS, Walgreens, and Walmart REGULAR AGENDA Consider amending the Food and Food Establishn.ents Ordinance concerning signage, Sections 28.01.004, 29.03.018, 28.03.020, 28.03.021, 28.04,003, 28.04.005, 28,04,006, and 28.04.008(22) 2. Consider approving a contract for the modifications of the Civic Center balcony guardrail Consider approving the purchase of two trucks for use in the Sewer Maintenance Department 4. Consider approving a contract for the purchase and installation of a standby generator at the Water Utilities Service Center WORK SESSION Review and discuss fluoride in water treatment Consider authorizing the City Manager to place an item. on the May ballot to remove fluoride from the surface water treatment process. WORK SESSION COMMENTS Review and discuss the City of Beaumont's Legislative Priorities Review and discuss requests from developers for support of an affordable housing project at the Northeast Quadrant of Cardinal Drive and Fannett Road as well as a proposed project at 1125 N. 111h Street Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various natters 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 TEXAS TO: City Council FROM: Kctuleth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider approval of the Febwary 7, 2023 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 III FEBRUARY 7, 2023 Chris ©urio, 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 February 7, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda item No. 1 Mayor Mouton called the council meeting to order at 1:30 p.m. Father Joseph Ibiwoye with Our Mother of Mercy Catholic Church gave the invocation. Diageo Guerra, Student Government President with Blanchette Elementary School led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Councilmembers Turner, Feldschau, Samuel and Neild. Absent: Mayor Pro Tem Durio and Councilmember Getz. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Black History Month Honoring Barbara Lynn Owens" - February 2023 — Proclamation read by Mayor Mouton; accepted by Barbara Lynn Owens "Recognition" - Student Government of Blanchette Elementary School along with two of their teachers "Recognition" - Chucks Sandwich Shop — Owners Charles "Chuck" and Debra Lafayette Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Item No. 1 None Minutes — February 7, 2023 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 January 31, 2023, City Council Meeting Minutes B. Approve the purchase of two sets of eDraulic rescue tools for the Fire Department - Resolution 23-048 C. Amend Resolution 21-303 for the purchase of two vehicles for use by the Fire/EMS Department - Resolution 21-303-A D. Authorize the City Manager to execute an Industrial District Agreement with Allegiant Industrial Island Park - Resolution 23-049 E. Authorize the City Manager to execute all documents necessary, including the Interlocal Agreement outlining sharing local license plate data between the Beaumont Police Department and the Houston High Intensity Drug Trafficking Area - Resolution 23-050 F. Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 23-051 G. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Willow Creek Country Club Estates Subdivision Section X-E - Resolution 23-052 H. Authorize the settlement of the lawsuit styled Robert Cooley v. City of Beaumont -- Resolution 23-053 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS. NONE MOTION PASSEL] AGENDA Consider amending Ordinance 23-005 to add and approve designating Sunday, April 30, 2023, with the hours of 12:00 p.m. to 5:00 p.m., to the early voting dates for the May 6, 2023, City of Beaumont General election joint with the Beaumont Independent School District and the Port of Beaumont; and approving a Runoff Election, if necessary, on June 10, 2023. Council passed Ordinance 23-005 on January 24, 2023, to call the May 6, 2023, City of Beaumont General joint election to order. The amendment is to add and approve Minutes — February 7, 2023 designating Sunday, April 30, 2023, with the hours of 12:00 p.m. to 5:00 p.m., to the early voting dates, with a runoff election, if necessary, on June 10, 2023. Approval of ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 23-005 FOR THE PURPOSE TO ADD AND APPROVE HOURS OF 12:00 P.M. TO 5:00 P.M., TO THE EARLY VOTING DATES FOR THE MAY 6, 2023, CITY OF BEAUMONT GENERAL ELECTION JOINT WITH BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT AND APPROVING A RUNOFF ELECTION, IF NECESSARY, ON THE 10T" DAY OF JUNE 2023. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-012 COMMENTS Public Comments (Persons are limited to three minutes) Jeanetta Price 8035 San Bruno St. Beaumont TX Stated that she's the founder and CEO of Blind Girl Magic and an advocate on behalf of the blind community at the local and national level with the Federation of the Blind, she stands before Council to ask for the support of the city because she is now a new author along with seven (7) out of sight women, all blind women of color, they lost sight but gained vision in the process, stated that the name of her book is "The Write to Heal", the subtitle states "It's not about the sight loss but vision gained", presented the Mayor and Councilmember Turner with a copy of her book, announced that she will be having a book signing on Saturday, February 11, 2023, at 2:00 p.m., at Lamar University in the Theater Room, tickets will be $10.00, thanked the City for always supporting her throughout her journey, also thanked Councilmember Turner for the Beep Ball Tournament and for his volunteer work Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - ABSENT COUNCILMEMBER GETZ - ABSENT COUNCILMEMBER NEILD - STATED THAT IN THE LAST FEW YEARS COUNCIL HAS SPENT A LOT OF TIME DISCUSSING FIRE AND HIRING ISSUES AND CONCERNS, STATED THAT IN HIS BUSINESS ONE OF THE THINGS THAT HE'S LEARNED THAT SEEMS TO WORK WHEN YOU'RE TRYING TO SOLVE A PROBLEM IS TO GET ALL THE Minutes — February 7, 2023 STAKEHOLDERS,IN ONE ROOM TOGETHER AND TALK ABOUT IT AND TRY TO STRATEGIZE, SEEMS LIKE THAT'S THE PART THAT'S BEEN MISSING WHEN TRYING TO GET THE 2021 PLUMBERS CODE DONE, STATED THAT HE SPOKE TO MAYOR PRO TEM DURIO AND HE'S IN AGREEMENT WITH HIM, COUNCILMEMBER NEILD PROPOSED THAT COUNCIL MOVE FORWARD WITH AN IN COUNCIL WORK SHOP IN THE PUBLIC WITH ALL THE PARTIES PRESENT TO TRY TO GET THIS PLUMBERS CODE ISSUE RESOLVED COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - ENCOURAGED THE COMMUNITY TO CONTINUE TO PRAY FOR ALLISON GETZ, SHE'S HAD A ROUGH WEEK COUNCILMEMBER TURNER - IN MAYOR PRO TEM DURIO'S ABSENCE COUNCILMEMBER TURNER ANNOUNCED THAT THERE WILL BE A COMMUNITY CLEANUP ON SATURDAY, FEBRUARY 11, 2023, AT SOUTH PARK WITH PASTOR KENNEDY ANDREWS, THEY ARE REQUESTING TRASH TRUCKS AS WELL AS GARBAGE BAGS AND GLOVES, THANKED MAYOR MOUTON FOR RECOGNIZING A LEGEND LIKE BARBARA LYNN, IT'S IMPORTANT TO GIVE PEOPLE THEIR FLOWERS WHILE THEIR STILL HERE INCLUDING CHUCK'S SANDWICH SHOP, STATED HE EATS THEIR OFTEN, THANKED THE YOUTH THAT WERE IN ATTENDANCE FROM BLANCHETTE ELEMENTARY SCHOOL, COMMENTED ON THE YOUTH ADVISORY COUNCIL AND THEIR TRIP TO DALLAS, TX, FORA CONFERENCE, THANKED JANETTA PRICE FOR ALL THAT SHE DOES AND ENCOURAGED HER TO CONTINUE TO BE AN ADVOCATE CITY MANAGER WILLIAMS - NONE CITY ATTORNEY REED - STATED THAT SHE HAD THE OPPORTUNITY TO SPEAK AT ROTARY ON FEBRUARY 1, 2023, THANKED THE MAYOR FOR ATTENDING, IT WAS HER HONOR TO BE THEIR GUEST SPEAKER FOR BLACK HISTORY MONTH CITY CLERK BROUSSARD - NONE ASSIST, CITY MANAGER ELLIS - NONE ASSIST, CITY MANAGER BOONE - NONE PUBLIC WORKS BARTKOWIAK - NONE MAYOR MOUTON - STATED THAT ATTORNEY REED WAS THE GUEST SPEAKER AT ROTARY, SHE DID A PHENOMENAL JOB, THANKED SHARAE FOR ACKNOWLEDGING HER AS WELL AS HER MOTHER, STEP- MOTHER, GRANDMOTHER AND AUNT, ON FRIDAY, FEBRUARY 3, 2023, SHE HAD THE HONOR OF READING A PROCLAMATION Minutes — February 7, 2023 FOR A 100 YEAR OLD MARINE WHO WAS A FIGHTER JET PILOT, ON WEDNESDAY SHE READ TO MS. ANNIE BRAZIL WHO TURNED 104, AS WELL AS ANOTHER CITIZEN WHO TURNED 100 YEARS OLD, ATTENDED ST. ANTHONY AND ST. ANNE SCHOOLS FOR THEIR CATHOLIC SCHOOL WEEK, ANNOUNCED HER NEW ASSISTANT, VIRTUE ALEXANDER, ANNOUNCED MARDI GRAS SETX WHICH STARTS FEBRUARY 16TH THROUGH THE 17T", ENCOURAGED EVERYONE TO COME OUT AND ENJOY MARDI GRAS, ASKED EVERYONE TO GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 2:17 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 Of the Government Code: Piedad Hidalgo Johns and Juan Dimas v. City of Beaumont; Cause No. E- 208,391 Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. 13- 210,244 International Association of Firefighters Local 399 v. Citv of Beaumont Kenneth R. Williams in his official Capacity as City Mana er and Earl White in his official Capacity as Fire Chief; Cause No. D-210950 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — February 7, 2023 �n I A-l""Il"��""�"I'll",'Ol"���"", F �A I- T TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider amending Resolution 21-292, to cancel the purchase of vehicles for Sewer Maintenance. BACKGROUND On November 2, 2021 City Council awarded the purchase of 20 vehicles to Silsbee Ford in the amount of $1,133,767.45. Two Ford F550 Sewer Maintenance trucks were included in this order for a total of $246,44191, utilizing the Goodbuy cooperative purchasing program. After a 15 month delay, Council is requested to cancel the purchase of these two items from this vendor. A new request to purchase the vehicles from a different vendor that will have the equipment available in this fiscal year will be made to Council. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty (20) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $1,133,767.45 through the GoodBuy Cooperative Purchasing Program in Resolution 21- 292; and, THAT after a fifteen (15) month delay, Council desires to cancel the purchase of two items from this vendor; two (2) Ford F550 Sewer Maintenance Trucks in the amount $246,441.91; and, THAT the new total amount purchased be changed to $887,325.54 for eighteen (18) vehicles from Silsbee Ford of Silsbee, Texas. 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 14th day of February, 2023. Mayor Robin Mouton RESOLUTION NO. 21-292 BE IT RESOLVE❑ BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty (20) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $1,133,767.45 through the GoodBuy Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of November, 2021. Mayor Robin Mouton r C 1EAUMONT:E: TO: City Council FROM: Kennleth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Drainage, Inc., for the FY22 Citywide Ditching Program. BACKGROUND On May 24, 2022, by Resolution No. 22-137, City Council awarded a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of $945,290.02, for the FY22 Citywide Ditching Program. The work for this phase took place in designated areas of Wards 2 and 3. Previous Change Order Nos. 1-2, in the amount of $30,350.30, are attached for your review. Proposed Change Order No. 3, in the amount of $15,367.08, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $991,007.40. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract, Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $74,430.88 is recommended, FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 24, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-137 awarding a contract in the amount of $945,290.02 to Texas Drainage, Inc., of Waller, Texas, for the FY22 Citywide Ditching Program; and, WHEREAS, Change Order Nos 1-2 in the amount of $30,350.30 are attached for your review; and, WHEREAS, Change Order No. 3, in the amount of $15,367.08, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, if approved the adjustment in quantities would request in a final contract amount of $991,007.40; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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. 3, in the amount of $15,367.08, for additional work described above, thereby increasing the total contract amount to $991,007.40 for the FY22 Citywide Ditching Program; and, BE IT FURTHER RESOLVED THAT the FY22 Citywide Ditching Program be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to matte final payment in the amount of $74,430,88 to Texas Drainage, Inc., of Waller, Texas. 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 14th day of February, 2023. - Mayor Robin Mouton - RESOLUTION NO.22-281 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 24, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-137 awarding a contract in the amount of $946,290.02 for the Citywide Ditching Program Phase I and, WHEREAS, Change Order No. 1, is required in the amount of $22,840.34, to adjust three (3) additional driveway culverts that were found to be off in elevation, add headwall replacement for a driveway, and an additional 3,243 linear feet of ditching to reflect the work that was completed in Wards 2 and 3. No additional days will be added to this contract for additional work; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $22,840.34 for additional work described above thereby increasing the total contract amount to $968,130.36 for the Citywide Ditching Program Phase I; and, EXHIBIT "A" BE IT FURTHER RESOLVED THAT the Citywide Ditching Program Phase I; be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $22,840.34 to the Citywide Ditching Program Phase I. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2022. - ( Z/-", - Mayor Robin Mouton T Contract - 002.003 07-Feb-2023 09:13 AM CST 002.003: Change Order No. 3 - Final FY22 City Wide Ditching Program 801 Main Street Beaumont, Texas 77701 Project Number: PW0222-11 Grand Total: $15,367.08 For 002 FY22 Ditching Construction Division 00000 Line Item Unit price Type Group 3.0 Construction Scope of Additional 4,071 LF of ditching in Ward 3 and additional 5.63 SY of remove and replace concrete to to reflect the actual amount of work Work completed. Notes Awarded To Texas Drainage, Inc, Rosemary Selvidge 28345 Reason Quantity Adjustment Code Days 0 Changed Attachments Change Order Summary t Original Contract Sum 945,290.02 Substantial Completion Date Net Cost by Previous Approved COs 30,350,30 Net Time Change By Previous COs 0 days Contract Sum Before This CO 975,640.32 Substantial Completion before This CO Contract Sum Changed By This CO 15,367.08 Time Changed By This CO 0 days New Contract Sum 991,007,40 j New Substantial Completion Date All Change Orders make up 4.84% of the Original Contract Accounting and Status Accounting Status Item Id 330 PO Number 431292 FEMA Number Accounting Project Code STCWDP Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 I Custom Accounting Field 08 Line Items Item # Account Code WBS/ Sectlon Description 3.0 Construction 5000-2 01000 DITCH CLEANING AND RESHAPING (WARD 3) 6000-1 01000 REMOVE & REPLACE CONCRETE (DWYISIDEWALK) Total Approval Approved Name or Role Status 1 External -GC Approved Rosemary Selvidge 06-Feb-2023 08:44 AM CST 2 Project Manager Approved Colby Anderson 06-Feb-2023 08:51 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 06-Feb-2023 08:51 AM CST 4 Director Approved Bart Bartkowiak 06-Feb-2023 04:01 PM CST 5 Admin Approved Crystal Garza 06-Feb-2023 04:05 PM CST Created by: Colby Anderson on 07-Dec-2022 Last Modified by, Crystal Garza on 06-Feb-2023 Quantity UoM Unit Price Total Amount 4,071.00 LF 3.48 14,167.08 5.63 SY 213.00 1,200.00 15,367.08 Grand Total: 15,367.08 Due: 13-Feb-2023 Actions Contract # 002,002 02-Dec-2022 03:56 PM CST 002.002: Change Order No, 2 FY22 City Wide Ditching Program 801 Main Street Beaumont, Texas 77701 Project Number: PW0222-11 Grand Total: $7,509.96 For 002 FY22 Ditching Construction Dlvfslan 00000 Line ltom Unit price Type Group 3.0 Construction Scope of Headwall for 4360 Berkley, 45 SY asphalt for 4360 Berkley driveway approach. 352 LF of Ditching to reflect amount done in Ward 3. Work Notes Awarded To Texas ©raloage, Inc. Rosemary 5elvidge 28345 Reason Quantity Adjustment Code Days 0 Changed Attachments Change Order Summary Original Contract Sum 946,290.02 Substantial Completion Date Net Cost by Previous Approved COs 22,840.34 Not Time Change By Prav€ous COs 0 days E Contract Suns Before This CO 968,130.30 Substantial Completion before This CO Contract Sum Changed By This CO i 7,609,96 Time Changed By This CO 0 days New Contract Sum 975,640.32 New Substantial Completion Date All Change Orders make up 3.21% of the Original Contract Accounting and Status Accounting Status Item Id 324 PO Number 431292 FBMA Number Accounting Project Code STCWDP Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # AccountCodo WBS! Soclion Description 3.0 Construction 468 01000 Headwall Structure 6000-2 01000 DITCH CLEANING AND RESHAPING (WARD 3) 6000-2 01000 REMOVE & REPLACE ASPHALT (DWYISIDEWALK) Total ApprOVal Approved 3 Name or Role Status { 1 External -GC Approved Rosemary Selvidge 01-Dec-2022 03:10 PM CST 2 Project Manager Approved Colby Anderson 01-Dec-2022 03:11 PM CST 3 City Engineer Approved Amalie "Molly" Villarreal 01-Dec-2022 04:38 PM CST 4 Director Approved Bart Bartkowlak 02-Dec-2022 02:32 PM CST 6 AdWn Approved Crystal Garza 02-Dec-2022 03:66 PM CST APPROVED BY: a,; �°�'��®�,q� ATT#§TED BY: ! Kenneth R. Williams 4h i Broussard City Manager to etiea I it' Clerk quantity UoM Unit PFIcG Total Amount 1.00 EA 3,000,00 3,000.00 352.00 LF 3,48 1,224.98 46.00 SY 73,00 3,286.00 7,609.90 Grand Total: 7,609.96 Due: 9-Deo-2022 Actions WN Contract # 002.001 19-Oct-2022 08:56 AM CST 002.001: Change Order No. 'I FY22 City Wide Ditching Program 801 Main Street Beaumont, Texas 77701 Project Number: PW0222-11 Grand Total: $22,840.34 For 002 FY22 Ditching Construction Division 00000 Line Item Unit price Type Group 3.0 Construction Scope of Reset the driveway at 9630 Gross Street and 395 Norvall Street. Replace 24 in RCP pipe at empty lot next to 9755 Shepherd Drive with Work an 18 In RCP pipe. Addition 1,927 LF of Ditching for Ward 3 on puke Street, Texas Avenue, Delaware Street, and Pine street. Addllion of headw41I replacement for Driveway 31 (4366 Berkley Avenue). Driveway 52 will not be resat, so material from that will be used on the driveways added into the project. Notes Additional 1,316 LF of ditching quantity to Ward 2 to reflect actual ditching done. Ditching In Ward 2 Is finished. Awarded To Texas Drainage, Inc. Rosemary Seivldge 28345 Reason Owner Requested Code Days 0 Changed Attachments Change Order Summary Original Contract Sum 946,290.02 Substantial Completion Date Net Cost by Previous Approved Cos 0.U0 Not Time Change By Previous Cps 0 days Contract Sum Before This CO 945,290.02I Substantial Completion before This CO I Contract Sum Changed By Tills CO 22,840.34 Time Changed By This CO 0 days New Contract Sum 968,130.36 Now Substantial Completion Date All Change Orders make up 2,42% of the Original Contract Accounting and Status Accounting Status Item Id 305 I PO Number 423913 ( FEMA Number Accounting Projoct Cade STCWDP Custom Accounting Fleld 04 Custom Accounting Field 05 i I Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item# Account Code WBS/ Soction Description 3.0 Construction 464-3 01000 RC PIPE (CL III) (18 IN) 464-4 01000 RC PIPE (CL ill) (24 IN) 466 01000 Headwall Structure 496.4 01000 REMOVE STR (PIPE) (RCP) (24 IN) 5000-1 01000 DITCH CLEANING AND RESHAPING (WARD 2) 5000-2 01000 DITCH CLEANING AND RESHAPING (WAR{ 3) 500-1 01000 MOBILIZATION 6000-2 01000 REMOVE & REPLACE ASPHALT (DWYISIDEWALK) Total Approval Approvad Name or Role Status 1 External -GO Approved Rosemary Selvldga 11-Oct-2022 01:44 PM CST 2 Project Manager Approved Colby Anderson 11-Oct-2022 02:05 PM CST 3 City Engineer Approved Arnalla "Molly" Villarreal 19-Oct-2022 08:50 AM CST 4 Director Approved Bart Barlkowiak 19-Cci-2022 08:52 AM CST 5 Admin Approved Crystal Garza 19-Oct-2022 08:56 AM CST Quantity UoM Unit Price Total Amount 16.00 LF 126.00 2,016.00 21.00 LF 150.00 3,150.00 1,00 FA 3,000.00 3,000.00 37.00 LF 25.00 925.00 1,316.00 LF 3.48 4,679.68 1,927.00 LF 3.48 6,705.96 0.06 LS 81000,00 500.00 26.90 SY 73.00 1,963.70 22,840.34 Grand Total: 22,840.34 Due. 26-Oct-2022 Actions APPROVED BY; r Gy ,- .2[U r--2- Z Kenneth R. Williams Date City Manager ATTESTED BY; 1 a-, Tina Broussard Date Citv Clerk Invoice # 002.007- Final 07-Feb-2023 09:08 AM CST 002.007: Texas Drainage, Inc. - FY22 Ditching Construction For Contract Contract - 002 FY22 Ditching Construction Date 06-Feb-2023 Line item Unit price Type Group 3.0 Construction Pay Period 01-Dec-2022 to 06-Feb-2023 Retainage WC 5.00 - M5 0.00 Payment To Texas Drainage, Inc. Rosemary Selvidge 28345 Date Due Terms Attachments Line sterns Account WBS1 Item 4 Code Section Description 3,0 Construction 4122-1 01000 THERMOPLASTIC PIPE (ADS HP STORM) (12 IN) 4122-2 W000 THERMOPLASTIC PIPE (ADS HP STORM) (15 IN) 4122-3 01000 THERMOPLASTIC PIPE (ADS HP STORM) (2 IN) 4122-4 W000 THERMOPLASTIC PIPE (ADS HP STORM) (30 IN) 464-1 GC 01000 RC PIPE (CL III) (12 IN) Contract 464-2 01000 RC PIPE (CL III) (15 IN) 464-3 01000 RC PIPE (CL III) (18 IN) 464-4 01000 RC PIPE (CL III) (24 IN) FY22 City Wide Ditching Program 801 Maln Street Beaumont, Texas 77701 Project Number: PW0222-11 Amount Due: $74,430.88 Work Materials Unit Completed Stored % WC % MS Quantity UoM Price (WC) (MS) Retainage Retainage 0.00 LF 102.00 0,00 0.00 0.00 0.00 0.00 LF 98.00 0.00 0.00 0.00 0.00 0.00 LF 140.00 0.00 0,00 0.00 0.00 0.00 LF 185.00 1,888,40 0.00 0.00 0.00 0.00 LF 107.00 0.00 0.00 0,00 0.00 0.00 LF 111,00 0.00 0.00 0,00 0,00 0,00 LF 126.00 0.00 0.00 0.00 0.00 0,00 LF 150.00 0.00 0,00 0,00 0.00 Work Materials Account WBS/ Unit Completed Stored % WC % MS Item # Code Section Description Quantity UoM Price (WC) (MS) Retainage Retalnage 496A 01000 REMOVE STR (PIPE) (ROP) (12 0.00 LF 25.00 0100 0.00 0.00 0,00 IN) 496-10 01000 REMOVE STR (PIPE) (STEEL) 0.00 LP 28.00 448,00 0.00 0,00 0.00 (30 IN) 496-2 01000 REMOVE STR (PIPE) (RCP) (15 0.00 LF 25.00 0.00 0.00 0.00 0.00 IN) 496-3 01000 REMOVE STR (PIPE) (RCP) (18 0.00 LF 25.00 0,00 0,00 0.00 0.00 IN) 496-4 01000 REMOVE STIR (PIPE) (RCP) (24 0.00 LF 26.00 0.00 0,00 0.00 0.00 IN) 496-5 01000 REMOVE STR (PIPE) (CPP) (12 0.00 LF 25.00 0.00 0.00 0.00 0.00 IN) 496-6 01000 REMOVE STR (PIPE) (CPP) (15 0.00 LF 25.00 0.00 0,00 0.00 0.00 IN) 496-7 01000 REMOVE STR (PIPE) (CPP) (18 0.00 LF 25.00 0.00 0.00 0.00 0.00 IN) 496-8 01000 REMOVE STR (PIPE) (PVC) (8 0.00 LF 12.00 0.00 0.00 0.00 0,00 IN) 496-9 01000 REMOVE STR (PIPE) (STEEL) 0.00 LF 25.00 0.00 0.00 0.00 0.00 (15 IN) 5000-1 01000 DITCH CLEANING AND 0.00 LF 3.48 0.00 0.00 0.00 0.00 RESHAPING (WARD 2) 5000-2 01000 DITCH CLEANING AND 0.00 LF 3.48 0.00 0.00 0.00 0.00 RESHAPING (WARD 3) 500-1 01000 MOBILIZATION 0.00 LS 8,000,00 800.00 0100 0.00 0.00 6000-1 01000 REMOVE & REPLACE 0.00 SY 213.00 0.00 0.00 0.00 0.00 CONCRETE (DWY[SIDEWALK) 6000-2 01000 REMOVE & REPLACE 0.00 SY 73.00 2,044,00 0.00 0.00 0.00 ASPHALT (DWYISIDEWALK) 6000-3 01000 REMOVE & REPLACE GRAVEL 0.00 SY 560.00 0.00 0.00 0.00 0.00 (DWYISIDEWALK) 6000-4 01000 REMOVE & REPLACE SOD 0,00 SY 23.00 0.00 0.00 0.00 0.00 (DWYISIDEWALK) Total 5,180.40 0.00 Change Order No. 1 - 3.0 Construction 464-3 01000 RC PIPE (CL III) (18 IN) 0.00 LF 126.00 0.00 0,00 0.00 0.00 464-4 01000 RC PIPE (CL III) (24 IN) 0.00 LF 150.00 0.00 0.00 0.00 0.00 466 01000 Headwall Structure 0.00 EA 3,000.00 0.00 0.00 0.00 0.00 Work Materials Account WBSI Unit Completed Stored % WC %Ms Item 4 Code Section Description Quantity UoM Price (WC) (MS) Retainage Retainago 496-4 01000 REMOVE STR (PIPE) (RCP) (24 0.00 LF 25.00 0.00 0.00 0,00 0.00 IN) 5000-1 01000 DITCH CLEANING AND 0.00 LF 3.48 0.00 0.00 0.00 0.00 RESHAPING (WARD 2) 5000.2 01000 DITCH CLEANING AND 0.00 LF 3.48 0.00 0,00 0.00 0,00 RESHAPING (WARD 3) 500-1 01000 MOBILIZATION 0.00 LS 8,000,00 20,00 0.00 0.00 0.00 6000-2 01000 REMOVE & REPLACE 0.00 SY 73.00 0.00 0.00 0.00 0.00 ASPHALT (DWY/SIDEWALK) Total Change Order No. 2 -3.0 Construction 466 01000 Headwall Structure 5000-2 01000 DITCH CLEANING AND RESHAPING (WARD 3) 6000-2 01000 REMOVE & REPLACE ASPHALT (DWYISIDEWALK) Total -_.-...._. - Change Order No. 3 - tonal - 3.0 Construction 5000-2 01000 DITCH CLEANING AND RESHAPING (WARD 3) 6000-1 01000 REMOVE & REPLACE CONCRETE (DWYISIDEWALK) Total Summary 20.00 0.00 T �✓ .�. 0.00 EA 3,000.00 3,000.00 0.00 0.00 0.00 0.00 LF 3.48 0.00 0.00 0.00 0.00 0.00 SY 73.00 3,285.00 0.00 0.00 0.00 6,285.00 0.00 0.00 LF 3.46 14,167.08 0.00 0.00 0.00 0.00 SY 213.00 1,200,00 0.00 0.00 0.00 15,367.08 0.00 Grand Total: $26.652.48 1. CONTRACT SUM +AMENDMENTS 2. NET CHANGE BY Change Order 3, CONTRACT SUM TO DATE (Line 1+ Line 2) 4. TOTAL COMPLETED & STORED TO DATE 5. RETAINAGE 5a. 6.00% Of Completed Work (Column I on Continuation Sheet) 5b. 0.00% Of Stored Material (Column J on Continuation Sheet) TOTAL RETAINAGE (5a + 5b) 6. TOTAL EARNED LESS TOTAL RETAINAGE 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 8. CURRENT AMOUNT DUI~ 0.00 0.00 945, 290.02 45, 717.38 991.007.40 991,007.40 0.00 991,007,40 916,576.52 $74,430.88 9. BALANCE TO FINISH, INCLUDING RCTAINAGE (Line 3 less Line 6) Change Order Summary NET CHANGE by Change Order ADDITIONS Total changes approved in previous pay periods 30,350,30 Total approved this pay period 15,367,08 TOTAL. 45,717.38 Accounting and Payment Status Invoice Id 534 I i Payment Status Check #s Paid Date Paid Amount PO Number 431292 FEMA Number Accounting Project Code STCWDP I Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 j' Custom Accounting Field 08 Approval Approved Name or Role Status 1 Externa€-GC Approved Rosemary Selvidge 06-Feb-2023 04:17 PM CST 2 Project Manager Approved Colby Anderson 06-Feb-2023 04:20 PM CST 3 City Engineer Approved Amalla "Molly" Villarreal 06-Feb-2023 05:08 PM CST 4 Director Approved Bart Bartkowiak 06-Feb-2023 0&17 PM CST 5 Admin Approved Crystal Garza 07-Feb-2023 09:09 AM CST Created by: Colby Anderson on 06-Feb-2023 Last Modified by: Crystal Garza on 07-Feb-2023 0.00 $45,717.38 DEDUCTIONS 0.00 0.00 0.00 $ 0.00 Due: 14-Feb-2023 Actions TO: FROM: PREPARED BY: MEETING DATE: City Council Kenneth R. Williams, City Manager Sharae N. Reed, City Attorney February 14, 2023 LC REQUESTED ACTION: Council consider a resolution authorizing the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Allergan, and pharmacies CVS, Walgreens, and Walmart. BACKGROUND In 2018 and 2019, Texas Attorney General Paxton filed a lawsuit against various opioid manufacturers and distributors that engaged in unlawful practices in the marketing, sale, and distribution of opioids. The City of Beaumont was identified as a community impacted by the opioid abuse epidemic. On November 9, 2021, Council approved a Resolution authorizing the City Attorney to join the Opioid litigation. Attorney General Paxton has recently reached an agreement with Allergan, CVS, Walgreens, and Walmart. It is recommended that the City of Beaumont execute the necessary documents to receive the City's portion of the settlement. 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 Manager be and he is hereby authorized to execute all documents necessary between the City of Beaumont and the Texas Attorney General relating to settlement of Opioid litigation against pharmaceutical manufacturer Allergan, and pharmacies CVS, Walgreens, and Walmart. 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 14th day of February, 2023. - Mayor Robin Mouton 1 February 14, 2023 Consider• amending the Food and Food Establishments Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28,04.005, 28.04.006, and 28.04.008(22) A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a request for amendments to the Food and hood Establishments Ordinance concerning signage, Sections 28.01.004, 29.03,018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). BACKGROUND The Texas Food Establishment Rules (TFER) rules have been amended, as of August 2021. In an attempt to stay current with the most up to date food establishment rules and language, the Environmental Health Department is recommending adopting by reference the U.S. Food and Drug Administration (FDA) Food Code and the Supplement to the 2022 Food Code. ) The department does not adopt by reference the following sections, paragraphs, and subparagraph of the Food Code3-202.13, 3-202.14(C), 3-202.18(A), 5-102.11, 5-102.13, 5-102.14, 5-104.11(13)(1), 6-101.11(B), 6-202,18, 8-201.11, 8-202.10, 8- 203.10, 8-302.11-14, 8-303.10-30, 8-304.10, 8- 304.20, 8-401.10, 8-401.20, 8- 402.10, 8-402.20-40, 8-403.40, and 8-501.10-40, and the definitions for "accredited program," "drinking water," "food establishment," "game animal," 11general use pesticide," "public Water system," "regulatory authority," "safe material," "service animal," and "vending machine location." The proposed amendments offer new language that will allow mobile food units to purge their crawfish at their central preparation facility, overnight parking at a mobile food units place of business is further defined to specify that a mobile food unit must be stored at a rented storage space, where the mobile unit may park overnight, until the next business day. Special Event and Temporary Permit- The current ordinance does not have a hard deadline for special event or temporary permits Environmental Health proposes that Special Event permits must be submitted and purchased at least 30 days prior to the event. Environmental Health proposed Temporary Food EstabIishnient permits "lust be submitted and purchased no later than seven (7) days before the starting date for the period of operation listed in the application. For temporary food permit applicants foods that are not prepared oil -site or that require extensive preparation or cooking must be prepared at a licensed food establishment located within the city limits of the City of Beaumont, All foods to be prepared and sold during each day of operation must be purchased same day from a permitted grocery or other retail food store. Food permit holders must display at the entrance of the food establishment, a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment. Also, the scoring system for food establishment sanitary reports has been updated, to narrow the scoring range between superior, above average, and average ratings. We are proposing a scoring system of 100-90 being an A letter grade, 89-80 being a B letter grade, and 79 or below being deemed a C letter grade. Food permit standard fees have been updated FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE 14-061-A AN ORDINANCE OF THE CITY OF BEAUMONT ADMEDING THE FOOD AND FOOD ESTABLISHMENTS CONCERNING SIGNAGE, SECTIONS 28,01.004, 28.03.018, 28,03,020, 28.03.021, 28.04.005, 28.04.006, AND 28.04.008(22). ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS Division 1. Rules on Food Service Sanitation SEC 10.02.001 General Provisions (a) Purpose and Regulations (1) The purpose of this division is to implement Texas Health and Safety Code, Chapter 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors. (2) The Department adopts by reference the U.S. Food and Drug Administration (FDA) Food Code 2022 (Food Code) and the Supplement to the 2022 Food Code. (3) The Department does not adopt by reference the following sections, paragraphs, and subparagraph of the Food Code 3-202.13, 3- 202.14(C), 3-202.18(A), 5-102.11, 5-102.13, 5-102.14, 5-104.11(13)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-202.10, 8-203.10, 8-302.11 -14, 8- 303.10-30, 8-304.10, 8-304.20, 8-401.10, 8-401.20, 8-402.10, 8- 402.20-40, 8-403.40, and 8-501.10-40, and the definitions for "accredited program," "drinking water," "food establishment," "game animal," "general use pesticide," "public water system," "regulatory authority," "safe material," "service animal," and "vending machine location." (b) The following words and terms, when used in this division, shall have the following meanings unless the context clearly indicates otherwise. (1) Accredited program --Food manager certification program that has been evaluated and listed by the Department and conforms to standards set by the department in 25 TAC §229.172. (2) Adulterated food --A food deemed to be adulterated as specified in the Texas Health and Safety Code, §431.081. (3) Bed and breakfast extended --An establishment with more than seven rooms for rent or an establishment that provides food service other than breakfast to overnight guests. (4) Bed and breakfast food establishment - A bed and breakfast that provides food service to customers in addition to its overnight guests. (5) Bed and breakfast limited - An establishment that has seven or fewer rooms for rent, serves breakfast to overnight guests, and is not a retail food establishment. (6) Central preparation facility - An approved and permitted facility or space where food is prepared, stared, and packaged. (7) Child care center - Any facility licensed by the regulatory authority to receive six (6) or more children for child care which prepares food for on -site consumption, excluding in -home day cares. (8) Code of Federal Regulations (CFR)--Citations to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180,194 refers to Title 40, Part 180, Section 194. (9) Common carrier --An individual or business that advertises to the public that it is available for hire to transport people or property, including food, in exchange for a fee. (1 0) Cottage food production operation --An individual, operating out of the individuals home, who: (A) Produces at the individuals home: • A baked good that is not a time and temperature control for safety food JCS food), as defined in 25 TAC §229.661(b) (13); • Candy; • Coated and uncoated nuts; • Unroasted nut butters; Fruit butters; • A canned jam or jelly; A fruit pie; • Dehydrated fruit or vegetables, including dried beans; • Popcorn and popcorn snacks; Cereal, including granola; • Dry mix; • Vinegar; • Pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less; • Mustard; Roasted coffee or dry tea; • A dried herb or dried -herb mix; Plant -based acidified canned goods; • Fermented vegetable products, including products that are refrigerated to preserve quality; • Frozen raw and uncut fruit or vegetables; or • Any other food that is not a TCS food, as defined in 25 Tex. Admin. Code §229.661(b)(13), (B) Has an annual gross income of $50,000 or less from the sale of food described by subparagraph (A) of this paragraph; (C) Sells foods produced under subparagraph (A) of this paragraph only directly to consumers; and (D) Delivers products to the consumer at the point of sale or another location designated by the consumer. (11) Department --The Environmental Health Department of Beaumont, TX. (12) Drinking water --Traditionally known as "potable water" and that meets the standards set forth in 30 TAC Chapter 290, Subchapter F. Drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "non -drinking water." (13) Event --A unique public gathering at which food products are served and for which an appropriate regulatory authority grants permission, whether by permit, license, or another official written document. (14) Exotic animal --Member of a species of game animals not indigenous to this state, including axis deer, niigai antelope, red sheep, or other cloven-hoofed ruminant animals. (15) Festival --a public celebration, entertainment or series of performances of a certain kind, often held periodically. (16) Food establishment - (A) A food establishment is an operation that: • Stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, such as a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending machine location, self-service food market, conveyance used to transport people, institution, or food bank; and • Relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (B) Food establishment includes: • An element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and, An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location and where consumption is on or off the premises regardless if there is a charge for the food. (C) Food establishment does not include: • An establishment that offers only prepackaged foods that are not TCS foods; • A produce stand that only offers whole, uncut fresh fruits and vegetables; • A food processing plant, including one that is located on the premises of a food establishment; • A cottage food production operation; • A bed and breakfast limited as defined in this division; or • A private home that receives catered or home -delivered food. (17) Game animals --Wild animals that are indigenous to this state and not amenable to the Texas Meat and Poultry Inspection Act, Texas Health and Safety Code, Chapter 433, for which the hunter must obtain a hunting license from the Texas Parks and Wildlife Department before hunting animals, such as white-tailed deer, mule deer, pronghorn antelope, and big horn sheep. (18) General use pesticide --A pesticide that is not classified by the United States Environmental Protection Agency for restricted use as specified in 40 CFR §152.175 or is not limited to use by or under the direct supervision of a certified applicator licensed by the Texas Department of Agriculture or by the Texas Structural Pest Control Service as applicable. (19) Grease trap or interceptor --a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. (20) Group residence - A private or public housing corporation or institutional facility that provides living quarters and meals. The term includes a domicile for unrelated persons, such as a retirement home, correctional facility, or a long-term care facility. (21) Livestock --Cattle, bison, sheep, swine, goats, horses, mules, other equine, poultry, domesticated rabbits, exotic animals, or domesticated game birds. (22) Mobile food unit (MFU)--A vehicle -mounted, self or otherwise propelled, self- contained food service operation designed to be readily movable (including catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. A MFU must completely retain its mobility at all times. A MFU does not include a stand or a booth. A roadside food vendor is classified as a MFU. (23) Mobile Food unit permit A food permit for a mobile food unit operating within the City of Beaumont, that expires at the end of every calendar year. (24) Outfitter operation --Any operation, such as trail rides, bus tours, harbor cruises, or river raft trips, in which food is offered to patrons and which operates out of a central preparation location or food establishment. (25) Plumbing Code --The International Plumbing Code, as amended, including appendices C, E, F, and G, published by the International Code Council as amended by 16 TAC §70, the Uniform Plumbing Code, as amended, including appendices required by the regulatory authority, as published by the International Association of Plumbing and Mechanical Officials as referenced in Occupations Code, Title 8, Chapter 1301, §255, or a Plumbing Code adopted by a local regulatory authority, whichever is more stringent. (26) Private water system --A drinking water system that is not connected to a public water system and not regulated by the Texas Commission on Environmental Quality. (27) Public water system --A drinking water system that complies with 30 TAC §§290.101 - 290,122. (28) Pushcart --A non -self-propelled MFU limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two persons. A pushcart is classified as a MFU. A pushcart does not include non -self-propelled units owned and operated within a retail food store. This type of MFU requires the support of a central preparation facility. (29) Regulatory authority —the City of Beaumont's public health director or their designee. (30) Roadside food vendor --A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as a MFU. (31) Safe material --An article manufactured from or composed of materials that may not reasonably be expected to result either directly or indirectly in the article becoming a component of or otherwise affecting the characteristics of any food. An additive that is used as specified in the Texas Health and Safety Code, Chapter 431, or other materials that are not additives and that are used in conformity with applicable regulations of the U.S. Food and Drug Administration. (32) Seasonal food establishment A food service establishment which operates more than fifteen (15) consecutive days but less than one hundred twenty-one (121) consecutive days within a three hundred sixty-five (365) day period beginning January 1 of each calendar year. (33) Self-service food market --A market that is unstaffed and offers prepackaged non-TCS food and prepackaged refrigerated or frozen TCS food that is stored in equipment that complies with §10.02.007(e). (34) Service animal --A canine that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability as specified in Texas Health and Safety Code, §437.023. (35) Single -service articles --Any cups, containers, plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives, forks, wrapping materials and all similar articles that are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers to be for one-time, one -person use, then to be discarded. (36) Special event food service establishment --A temporary food service establishment which consists of more than five (5) booths and is sponsored by an organization in connection with a single group event. This includes, but is not limited to fairs, carnivals, food festivals and similar events. Special Event Temporary Permits must be purchased at least thirty (30) days in advance of the event. (37) Temporary Food Establishment --A temporary food service operation is defined as a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration. (38) Vending machine location --The room, enclosure, space, or area where one or more vending machines are installed and operated and that includes the storage areas and areas on the premises that are used to service and maintain the vending machines. This does not include self-service food markets. 10.02.002 Management and Personnel (a) Certified Food Protection Manager and Food Handler Requirements (1) A Certified Food Protection manager must pass a DSHS or ANSI-CFP approved food manager certification examination prior to opening of a food establishment. (2) The original food manager certificate shall be posted in the food establishment in a location that is conspicuous to consumers. (3) Except as specified in 10.02.002(c), a Certified Food Protection manager shall be present at the food establishment during all hours of operation as required in Food Code, §2-101.11 and §2-102.12. (4) While serving as a person in charge for a food establishment, a Certified Food Protection manager may not serve as person in charge for any other food establishment. (5) The holder of the original food Manager Protection Certificate shall be the person in charge or shall designate a person in charge and shall ensure that any person in charge satisfy all requirements of 10.02.002(a). (6) Food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation, such as but not limited to: (A) establishments that handle only prepackaged food and do not package food; (B) Establishments that do not prepare or handle exposed Time/Temperature Control for Safety (TCS); or (C) Temporary food establishments; are exempt from the requirements in §§10.02.002(3) — (6). (7) All food employees, except for the Certified Food Protection manager, shall successfully complete an accredited food handier training course, within thirty (30) days of employment. This requirement does not apply to temporary food establishments. (8) The food establishment shall maintain on premises a certificate of completion of the food handler training course for each food employee. (A) Reporting Symptoms and Diagnosis Signage (1) A food establishment shall post a sign or poster, clearly visible to food employees, by all handwashing sinks. The sign or poster shall notify food employees to report symptoms and diagnosis information about their health as it relates to diseases that are transmissible through food. 10.02.003 Food (a) Approved Sources for Exotic Game Animals (1) Exotic animals. if exotic animals are received for sale or service, they shall: (A) Be commercially raised for food; and (i) Raised, slaughtered, processed, and deemed to be "inspected and approved" under an inspection program administered by United States Department of Agriculture (USDA) in accordance with 9 CFR 352, Exotic Animals; Voluntary Inspection; or (ii) Raised, slaughtered, processed, and deemed to be "inspected and passed" under a meat and poultry inspection program administered by the Department or any other state meat inspection program deemed equal to USDA inspection; (B) As allowed by law, for exotic animals that are live caught, be slaughtered and processed as required in §§10.02.003(a)(1)(A)(i) or (ii); and (C) As allowed by law, for exotic animals that are field dressed: (i) Receive an antemortem and postmortem examination by the appropriate inspection personnel as described in §§10.02.003(a)(1)(A)(i) or (ii); and (ii) Be transported and processed according to the requirements specified by the appropriate regulatory authority as described in §§10.02.003(a)(1)(A)(i) or (ii). (2) Exotic animals shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the methods for cooking game animals according to Food Code, §3-401.11, and under a voluntary inspection program as specified in §10.02.003(a). (b) Specifications for Receiving (1) Temperature. (A) Grade A pasteurized milk shall be received in refrigerated equipment that maintains an ambient air temperature of 7 degrees Celsius (45 degrees Fahrenheit) or less. (B) Molluscan shellfish shall be received in refrigerated equipment or on ice that maintains a temperature of 7 degrees Celsius (45 degrees Fahrenheit) or less, as required in the Texas Molluscan Shellfish Rules, 25 TAC §241.61(a). (2) Chicken Eggs. Chicken eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR 56, Voluntary Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, and 9 CFR 590, Inspection of Eggs and Egg Products. (3) Frozen milk products. Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with the Frozen Desserts Manufacturer Licensing Act, Texas Health and Safety Code, Chapter 440, and 21 CFR 135, Frozen Desserts. (4) Shell stock identification. Shell stock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shell stock, as specified in 25 TAC §§241.50 - 241.71. (c) Buffett Notification (1) A card, sign, or other effective means of notification shall be displayed to notify consumers that clean tableware is to be used upon return to self-service areas, such as salad bars and buffets as specified in Food Code, §3-304.16. (d) Donation of Foods (1) Except as specified in §§10.02.003(d)(1) and (2), foods which have been previously served to a consumer may not be donated. (A) Packaged time and temperature control for safety foods (TCS foods), such as unopened milk, may be re -served or donated if immediately stored in a cooling bin maintained at 5 degrees Celsius (41 degrees Fahrenheit) or below. (B) The following food products may be re -served or donated. (i) Packaged non-TCS foods. (ii) Whole fruit, such as apples or bananas. (2) Unpackaged and unserved TCS foods may be donated if: (A) The temperature of the food is at or below 5 degrees Celsius (41 degrees Fahrenheit), or an ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, at the time of donation, and is protected from contamination; (B) The food has been at or above 57 degrees Celsius (135 degrees Fahrenheit) during hot holding and service, and subsequently refrigerated to meet the time and temperature requirements in Food Code, §3-501.14 and §3-501.15, or maintained at proper holding temperatures required in Food Code, §3-501.16; (C) The donor can substantiate that the food recipient has the facilities to meet the transportation, storage, and reheating requirements of 10.02.003; (D) The food is to be transported by the food recipient directly to a consumer, the recipient only needs to meet the transportation requirements in 10.02.003, including holding temperatures. (3) Donated foods transported offsite shall be labeled with the name of the food, the source of the food, and the date of preparation. (4) Donated TCS foods may not exceed the shelf life for leftover foods outlined in 10.02.003. (5) Heavily rim or seam -dented canned foods, or packaged foods without the manufacturer's complete labeling shall not be donated. (6) Distressed foods. (A) Foods which are considered distressed, such as foods which have been subjected to fire, flooding, excessive heat, smoke, radiation, other environmental contamination, or prolonged storage shall not be directly donated for consumption by the consumer. (B) Such foods in 10.02.003(a)(1) may be sold or donated to a licensed food salvage establishment if permitted under the provisions of the Texas Health and Safety Code 432. 10.02.004 Water, Plumbing, and Waste (a) A water source obtained from other than a community public water system shall be sampled and analyzed in accordance with the requirements found in 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems. (b) Water Quality Standards (1) Public and private water systems (A) Water from a public water system shall meet 40 CFR 141 - National Primary Drinking Water Regulations, state drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47, and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122; and (B) Water from a nonpublic water system shall meet the requirements of 30 TAC Chapter 290, Subchapter F, pertaining to transient noncommunity water systems. (1) Water from a nonpublic water system shall be sampled and tested according to 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems, except nondrinking water. (2) The most recent sample report for the nonpublic water system shall be retained on file in the food establishment, or the report shall be maintained as specified in 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems. (c) Water Distribution, Delivery, and Retention Systems (1) Nonpublic water mains, water pumps, pipes, hoses, connections, and other appurtenances shall meet the requirements of 30 TAC Chapter 290, Subchapter F. (d) Grease Trap (1) If used, a grease trap or grease interceptor shall be located to be easily cleanable and shall be located outside the building of the food establishment. 10.02.005 Physical Facilities: (a) Wall and Ceiling Coverings and Coatings (1) Walls including non -supporting partitions, wall covering and ceilings of the walls -in refrigeration units, food preparation areas, equipment and utensil washing areas, toilet rooms and vestibules should be light in color or meet the requirements and approval of the regulatory authority. (2) Darker -colored coverings for the items listed in §10.02.005(a)(1) may require additional lighting, as specified in Food Code, §6-303.11, or meet the requirements set by the regulatory authority, to allow cleaning of the surface. (b) Dogs in Outdoor Dining Areas of a Food Establishment (1) Dogs may be allowed in outdoor dining areas of a food establishment if: (A) The establishment posts a sign in a conspicuous location in the area stating that dogs are allowed; (B) The customer and dog can access the area directly from the exterior of the establishment; (C) The dog does not enter the interior of the establishment; (D) The customer keeps the dog on a leash and controls the dog; (E) The customer does not allow the dog on a seat, table, countertop, or similar surface; and, (F) In the area, the establishment does not: (i) Prepare food; or (ii) Permit open food other than food that is being served to a customer; and, (G) The requirements specified in this §10.02.005(b) do not apply to service animals or service animals in training. 10.02.006 Poisonous or Toxic Materials: (a) First Aid Supplies, Availability (1) A first aid kit shall be provided in all food establishments. 10.02.007 Requirements Applicable to Certain Establishments: (a) Mobile Food Units (1) Mobile food unit provisions. (A) Mobile food units are required to purchase a yearly mobile food permit in order to assure that all compliance requirements are met. (B) Mobile food units are required to be easily identified to every passerby by having the name of the business prominently painted on at least two sides of the unit, in letters no smaller than 12" in height. (C) Vehicle registration must be provided with application. (D) Federal tax ID certificate must be provided with application. (E) Mobile food unit food choices are limited to those that can be served or prepared in compliance with the Texas Food Establishment Rules as adopted by the City. (F) All food to be prepared must (i) Be stored at the commissary at the time of inspection accompanied by receipts; or (iii) Be purchased daily and accompanied by receipts. (G) Except as otherwise provided §§10.02.007(a)(1)(G) and (H), the regulatory authority: (i) May impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation; (ii) May prohibit the sale of some or all time and temperature control for safety foods JCS foods); and (iii) When no health hazard will result, may waive or modify requirements of 10,02,007 except those requirements as specified in §§10.02.007(a)(1)(N)-(P), §§10.02.007(a)(3)(A)(i)-(v), and Food Code, Subparts 3-401, 3-402, 3-403, 3- 404, and 3-501. (H) A mobile food unit (MFU) that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of 10,02,007, or beverages that are non -time and temperature control for safety food and are dispensed from covered urns or other protected equipment, need not comply with the requirements of this division relating to the necessity of water and sewage systems nor to those requirements relating to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility. (1) Alteration, removal, attachments, additions, placement, or change in, under, or upon the MFU that prevents or otherwise reduces ready mobility is prohibited. (i) A MFU will be required to come, on an annual basis or as often as required, to a location designated by the regulatory authority as proof that the MFU is readily moveable. (J) The regulatory authority requires a MFU to come to a location designated by the regulatory authority. The mobile unit must be totally operable at time of inspection, including handwash facilities, warewashing facilities, refrigeration, and wastewater disposal. Required documentation to have available includes: (i) Certified Food Protection Manager Certification. (ii) A signed letter of authorization is required, to verify facility use, if the central preparation facility is not owned by the mobile unit operator, known as a Central Preparation Facility Authorization. (iii) A copy of the most current health inspection of the central preparation facility must be maintained on the mobile unit at all times, known as a Central Preparation Facility Inspection Report. (iv) A signed letter of authorization may be required by the regulatory authority to verify service area use, if the servicing area is not owned by the mobile unit operator, known as a Servicing Area Authorization. (v) A menu of all food items to be sold. (K) A MFU shall provide only single service articles for use by the consumer. (L) Equipment, numbers, and capacities. (i) Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Food Code, Chapter 3 - Food. (ii) Manual warewashing, sink compartment requirements. (1) A sink with at least three (3) compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils as specified in Food Code, Paragraph 4-301.12(A). (2) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils as specified in Food Code, Paragraph 4-301.12(B). (iii) At least one (1) handwashing sink shall be available for convenient use by employees and properly provisioned in accordance with Food Code, §6- 301.11-12. (M) MFU water systems shall meet the requirements of Food Code, Part 5-3. (N) MFU drinking water tank shall meet the requirements of Food Code, §5-303.13. (i) Fill hose and water holding tank shall be labeled as "Potable Water." (ii) Drinking water in a MFU holding tank shall be tested for contamination by sampling upon request by the regulatory authority. (0) Sewage and other liquid waste. (i) If liquid waste results from operation of a MFU, the waste shall be stored in a permanently installed retention tank for waste retention. (ii) A leak -proof sewage holding tank in a MFU shall meet the requirements of Food Code, §5-401.11 for capacity and drainage. (iii) All connections on the vehicle for servicing the MFU waste disposal facilities shall be of a different size or type than those used for supplying potable water to the MFU. (iv) Discharge liquid waste shall not be discharged from the retention tank while the MFU is in motion. (v) Flushing a waste retention tank shall meet the requirements of Food Code, §5-402.15. (vi) Removing MFU wastes shall meet the requirements of Food Code, §5- 402.1 4. (vii) Liquid waste holding tank shall be labeled as "waste water." (P) MFU water and wastewater exemption. (i) A roadside vendor that sells only prepackaged food is exempt from the requirements of this division relating to water and wastewater. (ii) A MFU that prepares food requiring no water for operations and no hand contact with food is exempt from the requirements of this division relating to water and wastewater if the required cleaning and sanitization equipment exists at its central preparation facility. (Q) Toilet rooms, convenience and accessibility. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation. (2) Central preparation facility. (A) A MFU shall operate from a central preparation facility, commissary or other fixed food establishment and shall report to such location daily for supplies, cleaning, and servicing operations. (B) The central preparation facility or other fixed food establishment, used as a base of operation for a MFU, shall be constructed and operated in compliance with the requirements of Food Code, Chapter 6 - Physical Facilities. (C) Once a food establishment agrees to become a central preparation facility for a mobile food unit, the food establishment will receive an inspection by the regulatory authority. (D) An overall score of ninety (90) with no demerits in items 1--5 and 13- 14 of the inspection report will be required for approval to become a central preparation facility for a mobile food unit. (E) All mobile food units must return to the central preparation facility/commissary at least once per day of operation for one performance of all servicing operations. Servicing operations include but are not limited to: (i) Cleaning of the mobile food unit; (ii) Restocking supplies as necessary; and (iii) Thorough flushing and draining of the waste retention tank. (F) Upon request the operator of a mobile food unit must be able to provide written proof that the mobile food unit has been servicing at a central preparation facility on a daily basis. (i) These servicing records must be maintained in duplicate, with one copy in the mobile food unit at all times and the other copy kept at the central preparation facility. (ii) Each servicing record must be kept and maintained for two years from the date of servicing. (iii) Failure to obtain servicing on a daily basis or failure to maintain servicing records will result in the immediate closure of the mobile food unit operations and the issuance of a citation to the central preparation facility. (G) The central preparation facility will be required to provide the following services to mobile food unit(s): (i) Adequate facility for storage of food utensils and other supplies. (ii) Adequate facility for the disposal of garbage and liquid wastes. (iii) Potable water for filling water tanks. (iv) Hot and cold water under pressure for cleaning and sanitizing. (v) Approved janitorial sink, toilet, utensil washing, and handwashing facilities with single service soap and paper towels in dispensers. (vi) Maintenance of a daily log sheet signed by central preparation facility/commissary owner to verify mobile food unit's daily use of facility. (H) As a part of the central preparation facility's inspection, the Health Inspector will review the assigned mobile food unit's servicing log. Failure to maintain this log accurately will result in immediate closure of the mobile food unit and a court citation of the central preparation facility. (1) This central preparation agreement will not be required of a mobile food unit operating as an extension of a permitted restaurant in the city limits of Beaumont. (J) An affidavit from the owner of the central preparation facility must be provided as proof that the mobile food unit is servicing at the central preparation facility as required. (3) Outdoor servicing area and operations. (A) Protection. (i) A MFU servicing area shall include at least overhead protection for any supplying, cleaning, or servicing operation. Those areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection. (ii) Within the servicing area, the location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies. (iii) A servicing area will not be required where only packaged food is placed on the MFU or where a MFU does not contain waste retention tanks. (iv) The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine -laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. (v) Potable water servicing equipment shall be installed in the servicing area according to the Plumbing Code and shall be stored and handled in a way that protects the water and equipment from contamination. (vi) Mobile food units may erect a tent, or attach a tent -like awning to the side of their unit, but are not allowed to utilize any adjacent building as a dining or working area. facility. (vii) Mobile food units may purge their crawfish at their central preparation (viii) Mobile food unit operators are required to dump their wastewater within a 24-hour period or more frequently as necessary. if at any time the wastewater tank becomes full, the operation shall be closed to allow for the transport and dumping of the wastewater at the central preparation facility. (ix) Mobile food units must be located on a paved surface and located within five hundred (500) feet of an available public restroom facility for use during hours of operation. (x) An affidavit showing proof of consent to locate on premises where the unit will operate must be available upon request. (xi) All mobile food establishments shall move and vacate the premises of the business location on a daily basis; overnight parking at the business location is prohibited. At the end of each business day, the mobile food establishment shall return to the central preparation facility/commissary for servicing and storage. If storage is not allowed at the central preparation facility/commissary, the mobile food unit must be stored at a rented storage space, where mobile food units may park overnight, until the next business day. (B) The construction of the walls and ceilings of the servicing area is exempted from the provisions of Food Code, §6-201.11. (b) Temporary Food Establishments (1) The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food establishment, may prohibit the sale of some or all time and temperature control for safety foods (TCS foods), and, when no health hazard will result, such as children's neighborhood beverage stands, may waive or modify requirements of this division. (A) Foods that are not prepared on -site or that require extensive preparation or cooking must be prepared at a licensed food establishment located within the city limits of the City of Beaumont. (B) All foods to be prepared and sold during each day of operation must be purchased same day from a permitted grocery or other retail food store. (C) Each temporary establishment shall be required by the regulatory authority to have at least one person on -site who has a minimum of an accredited food handler certification. (2) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401 through 3-403, and 3-501, §10.02.003(b) and §10.02.003(d). (3) Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of Food Code, Chapter 3 - Food. The ice shal be obtained only in blocked, chipped, crushed, or cubed form and in single -use safe plastic or wet -strength paper bags filled and sealed at the point of manufacture. Ice for consumption shall be held in the bags until it is dispensed and be dispensed in a way that protects it from contamination. (4) Equipment and utensils. (A) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (B) Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the temporary food establishment. (C) Equipment for cooling or heating food and holding cold or hot food shall be adequate in number and capacity to provide food temperatures as specified in Food Code, Subparts 3-401 through 3-403 and 3-501. (D) Food -contact surfaces of equipment shall be protected from contamination by consumers and other sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided. (E) Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a three -compartment sink, may be used when there are special cleaning needs or constraints regulatory authority has approved the use of alternative equipment. Each compartment shall be large enough to immerse the largest piece of equipment that will be used. A means to heat water must also be provided. (5) A temporary food establishment shall provide only single -service articles for use by the consumer, (6) Water (A) Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. (B) Water does not need to be under pressure but shall come from approved sources which include: (i) Commercially bottled drinking water; (ii) Closed portable water containers; (iii) Enclosed vehicular water tanks; (iv) On -premise water storage tanks; or (v) Piping, tubing or hoses connected to an approved source. (7) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. (8) All waste water and sewage generated from the temporary food establishment shall be disposed of through an approved sanitary sewage system that Is: (A) A public sewage system; or (B) An individual sewage disposal system that is sized, constructed, maintained, and operated according to 30 TAC Chapter 285. (9) Handwashing facilities shall include a container with a spigot that provides potable, clean, warm water; a wastewater container; soap; disposable towels; and a waste receptacle. Handwashing facilities are not required if the only food items offered are commercially prepackaged foods that are dispensed in their original containers. (10) If graded to drain, a floor may be concrete, machine -laid asphalt, dirt, or gravel covered with mats, ply -wood, removable platforms, duckboards if covered with mats, or other suitable materials approved by the regulatory authority, such as tarps, that effectively control dust and mud. (11) Ceilings and outer openings of food preparation areas. (A) Walls and ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather, windblown dust, birds, and debris. (B) The outer openings shall be protected against entry of insects and rodents by. (i) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens; (ii) Properly designed and installed air curtains; or (iii) Other effective means. (C) § 10.02.007(b)(11)(B) does not apply if flying insects and other pests are absent due to the location of the temporary food establishment or other limiting conditions. (12) Applicants shall be limited to four (4) Temporary Food Establishment permits in any twelve (12) month period. No permit shall be issue to the same applicant within thirty (30) days of the issuance of a previous Temporary Permit. (A) Upon Issuance, a permit will count against the 4 per 12-month period limit of both the applicant as well as any person present at the Temporary Food Establishment as required under §10.02.007(b)(1)(B). (B) Application for a Temporary Food Establishment permit must be submitted to the regulatory authority no later than seven (7) days before the starting date for the period of operation listed in the application. (C) Bed and Breakfast (1) General (A) A bed and breakfast extended, in addition to licensing with the applicable regulatory authority, shall comply with the minimum requirements of this division if the establishment: (i) Has more than seven (7) rooms for rent; or (ii) Provides food service other than breakfast to overnight guests. (B) A bed and breakfast food establishment that provides food service to customers in addition to its overnight guests must comply with the rules and regulations applicable to retail food establishments, including licensing with the applicable regulatory authority. (C) A bed and breakfast limited: (i) Has seven (7) or fewer rooms for rent; (ii) Serves only breakfast to overnight guests; (iii) Is not a retail food establishment; and (iv) Complies with §10.02.007(c)(2). (2) The owner or manager shall successfully complete a food manager's certification course accredited by this department. (3) Food shall be obtained from approved sources in accordance with Food Code, Subpart 3-201, §10.02.003(a), and §10.02.003(b), shall be in sound condition, and be safe for human consumption. (4) Food preparation and protection (A) Food shall be prepared and protected in accordance with Food Code, Chapter 3 - Food. (B) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401 through 3-403, and 3-501, §10.02.003(b), and § 10.02.004(b). (5) Cleaning and sanitizing (A) A three -compartment sink shall be used if washing, rinsing, and sanitizing of utensils and equipment is done manually; or a two -compartment sink may be utilized if single service tableware is provided, and if an approved detergent sanitizer is used. (B) Cleaning and sanitizing may be done by spray -type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitization. (6) Employees shall conform to good hygienic practices as required in in Food Code, Subparts 2-301 through 2-304, and 2-401 and 2-402. (7) A restroom shall be available for use by employees. (8) All equipment and utensils shall be constructed of safe materials and maintained in good repair. (9) Handwash sinks (A) An accessible and conveniently located handwash sink shall be provided in or immediately adjacent to food preparation areas and restrooms. (B) Handwash sinks shall be used for no other purpose than handwashing. (10) All food contact surfaces, counters, or work surfaces in the bed and breakfast establishment shall be smooth, non absorbent and easily cleanable. (11) Insect proof/rodent proof (A) Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin. (B) Pesticides and rodenticides shall be applied in accordance with Food Code, Subpart 7-206. (12) Equipment shall be provided to maintain time and temperature control for safety foods JCS foods) at the temperatures required in accordance with Food Code, Chapter 3 - Food. refuse. (13) Impervious receptacles shall be provided for storage of garbage and (14) Sewage shall be disposed through an approved facility that is: (A) A public sewage system; or (B) An individual sewage disposal system that is sized, constructed, maintained, and operated according to law in 30 TAC Chapter 285. (15) Hot and cold water under pressure shall be provided and shall be from an approved source that meets the standards in accordance with: (A) State drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47, and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122; or (B) Private water system standards as provided in 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems. (d) Outfitter Operations (1) The regulatory authority may impose additional requirements to protect against health hazards that may be specific to these operations. (2) Food supplies, including ice, shall be obtained from approved sources described in Food Code, §3-201.11-17, §10.02.003(a), and §10.02.003(b). No home - prepared products shall be offered. (3) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401 through 3-403, and 3-501, §10.02.003(b), and §10.02.003(d). (4) Food preparation and protection for excursions (A) Except for §§10.02.007(d)(4)(B)-(D), all food shall be prepared and protected in central preparation facility and meet requirements contained in Food Code, Chapter 3 - Food. (B) Only commercially prepackaged ready -to -eat foods or ready -to -eat foods that have been prepared and packaged with no cooking at a central preparation facility may be served. (C) Raw time and temperature control for safety foods JCS foods) may be cooked on -site if cooked and immediately served. (D) All food must be stored to protect from contamination in accordance with Food Code, Chapter 3 - Food. (E) TCS foods that require complex preparation must be served within the first 24 hours of the excursion departure time. (F) Leftover food shall not be re -heated or re -served. (5) Warewashing (A) Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a multi -compartment sink, may be used for washing and sanitizing utensils when approved by the regulatory authority. (B) An outfitter operation without effective facilities for cleaning and sanitizing tableware shall only provide single -service articles for use by food employees and consumers. (6) Ice usage (A) Ice that is used for cooling food may not be used for human consumption. (B) Ice used for human consumption must be stored in a clean sanitized container that is properly constructed and maintained in good repair. (7) Potable water (A) Potable water shall be used on excursions for human consumption, food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. (B) Potable water must be stored in a clean sanitized container that is easily cleanable and in good condition. (8) Handwashing (A) Handwashing facilities shall include: (i) A container with a spigot that can be turned on to allow potable, clean, water; (ii) A wastewater container; (iii) Soap; (iv) Disposable towels; and (v) A waste receptacle (B) Handwashing facilities are not required if the only food items offered are commercially prepackaged foods that are dispensed in their original containers. (9) All equipment and utensils intended for food contact shall be approved for food use. (10) Thermometers shall be provided, accurate, and accessible during excursions. (11) Impervious receptacles shall be provided for storage of garbage and refuse. (1 Z) If food other than pre -packaged ready -to -eat food is being served, at least one guide or instructor of the outfitter operation who is on the excursion shall successfully complete a food manager's certification course accredited by this Department. (13) An outfitter operation must have a central preparation facility as specified in §10,02.001(b)(20). (e) Self -Service Food Market. (1) Self-service food markets shall comply with the minimum standards of this division. (2) Self-service food markets shall: (A) Be equipped with 2417 video surveillance records of consumers viewing, selecting, handling, and purchasing products that identify these consumers. Video surveillance records must be maintained and available for the regulatory authority for a period of fourteen (14) calendar days from the date of the video; and (B) Provide information to the regulatory authority as to the responsible party that will be available for routine inspections. (3) Pre -packaged food sold at a self-service food market shall: (A) Meet the labeling requirements as specified in Food Code, Paragraph 3-201.11(C); and, (B) Be tamper evident. (4) A food specified in Food Code, Paragraphs 3-501.17(A) or (B) or §3-501.18 shall be discarded if it: (A) Exceeds the temperature or time specified in Food Code, Paragraphs 3-501.17(A) and (B), except time that the product is frozen; (B) Is in a container or package that does not bear an expiration date or day; or (C) Is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in Food Code, Paragraphs 3- 501.17(A) and (B). (5) All self-service food market display -units offering refrigerated, time and temperature control for safety foods (TCS foods) shall have an automatic shut-off control or a plan approved by the regulatory authority that prevents the market or market equipment from dispensing food if: (A) There is a power failure, mechanical failure, or other condition that results in failure of the equipment to maintain food temperatures as specified under Food Code, Chapter 4 - Equipment, Utensils, and Linens; and (B) Where a condition specified in §10.02.007(e)(5)(A) occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified in Food Code, Subparts 3-202, 3-401 through 3-403, and 3-501, §10.02.003(b) and §10,02.003(d). (6) When a condition specified in §10.02.007(e)(5)(A) occurs, the ambient temperature may not exceed 5 degrees Celsius (41 degrees Fahrenheit), or 7 degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs only, for more than thirty (30) minutes immediately after the display is filled, serviced, or restocked. (7) All self-service food market display -units offering TCS food, shall be: (A) Equipped with a self -closing door; or (B) Maintained at five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an open display unit. (8) Self-service food markets shall have a sign readily visible from the automated payment kiosk stating: (A) The name of the business to whom complaints or comments shall be addressed; (B) The address of the business responsible for the market; and, (C) The responsible business's telephone number and email or web information, when applicable. (9) When a retail food establishment operating as a self-service food market incorporates the provision §10.02.007(e), it will not be required to maintain a person in charge onsite as specified in Food Code, Paragraph 2-101.11(A). (f) Food establishments listed under §§10.02.007(a) — (e) shall be bound to all regulations of this code and rules established by the regulatory authority beyond those listed in their applicable subsection. 10.02.008 Compliance and Enforcement (a) Use for intended purpose, public health protection. (1) The regulatory authority shall apply these rules to promote its underlying purpose, as specified in §10.02.001(a), of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer. (2) In enforcing the provisions of these rules, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of these rules based on the following considerations: (A) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition; (B) Whether food -contact surfaces comply with 4-401 of the Food Code); and (C) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 4-301.11 of the Food Code. (b) Additional requirements, preventing health hazards, provision for conditions not addressed (1) If necessary to protect against public health hazards or nuisances, the regulatory authority may impose specific requirements in addition to the requirements contained in these rules that are authorized by law. (2) The regulatory authority shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant or permit holder and a copy shall be maintained in the regulatory authority's file for the food establishment. (c) Variances (1) The regulatory authority may grant a variance by modifying or waiving the requirements of these rules if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in §10.02.008(c)(2) in its records for the food establishment. (2) Before a variance from a requirement of these rules is approved, the information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes: (A) A statement of the proposed variance of the rule requirement citing relevant rule section numbers; (B) An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rule sections will be alternatively addressed by the proposal; and (C) A HACCP plan if required as specified in §10.02.008(d)(1)(A) that includes the information specified in §10.02.008(d)(2)(A), as it is relevant to the variance requested. (3) If the regulatory authority grants a variance as specified in §10.02.008(a)(1), or a HACCP plan is otherwise required as specified in §10.02.008(d)(1), the food establishment shall: (A) Comply with the HACCP plans and procedures that are submitted and approved as specified in §10.02.008(d)(2) as a basis for the modification or waiver; and, (B) Maintain and provide to the regulatory authority, upon request, records specified in §§10.02.008(d)(2)(D) and (E) that demonstrate that the following are routinely employed: (i) Procedures for monitoring critical control points; (H) Monitoring of the critical control points; Mei (iii) Verification of the effectiveness of an operation or process; (iv) Necessary corrective actions if there is failure at a critical control point. (d) HACCP plan requirements. (1) When a HACCP plan is required. (A) Before engaging in an activity that requires a HACCP plan, a food establishment shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified under §10.02.008(d)(2) and the relevant provisions of these rules if: (i) Submission of a HACCP plan is required according to law; (ii) A variance is permitted under Food Code 3-401.11(B)-(D) or 3-502.11, or required under 3-502.11 or 4-204.110(B); or (iii) The regulatory authority determines that a food preparation or processing method requires a variance based on an inspectional finding or a variance request. (B) A food establishment shall have a properly prepared HACCP plan as specified under 3-501.12 of Food Code. (2) For a food establishment that is required under §10.02.008(d)(1) to have a HACCP plan, the plan and specifications shall indicate: (A) Categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the regulatory authority; (B) A flow diagram by specific food or category type identifying critical control points and providing information on the following: (i) Ingredients, materials, and equipment used in the preparation of that food; and, (ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved; (C) Food employee and supervisory training plan that addresses the food safety issues of concern; (D) A statement of standard operating procedures for the plan under consideration including clearly identifying: (i) Each critical control point; (ii) The critical limits for each critical control point; (iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge; and, (iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points; and, (v) Action to be taken by the person in charge if the critical limits for each critical control point are not met; and, (vi) records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and, (E) Additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal. (e) The regulatory authority shall treat as confidential in accordance with the requirements of the Public Information Act, Texas Government Code, Chapter 552, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified in §10.02.008(d)(2). (f) A person may not operate a food establishment without a valid permit or license to operate issued by the regulatory authority. (g) Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall; (1) Post the permit in a location in the food establishment that is conspicuous to consumers; (2) Comply with the provisions of these rules including the conditions of a granted variance as specified tinder §10.02.008(c)(3); and, (3) If a food establishment is required under §10.02.008(d)(1) to operate under a HACCP plan, comply with the plan as specified under §10.02.008(c)(3); and, (4) Immediately contact the regulatory authority to report an illness of a food employee due to Norovirus, Salmonella typhi, Shigella spp., Shiga toxin -producing Escherichia coli, or hepatitis a virus; and, (5) Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under §10.02.008(k); and, (6) Allow representatives of the regulatory authority access to the food establishment as specified under §10.02.008(i)(1); and, (7) Except as specified under §10.02.008(g)(8), replace existing facilities and equipment specified in §10.02.008(a) with facilities and equipment that comply with these rules if; and, (A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted; and, (B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or (C) The facilities and equipment are replaced in the normal course of operation; (8) Upgrade or replace countertop, under -counter and open -top refrigeration units located in the food preparation area as specified under FDA 2022 Food Code 3-501.16, if the circumstances specified under §§10.02.008(g)(7)(A) - (C) do not occur first; and, (9) Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder's food establishment or in response to community emergencies; and, (10) Accept notices issued and served by the regulatory authority according to law; and, (11) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with these rules or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and, (12) Established listed under §10.02.007 shall be subject to §10.02,008(g). (h) Regulatory authority should inspect each food establishment at least once every six months. If the regulatory authority cannot meet this frequency, inspection frequency shall be prioritized based upon assessment of a food establishment's history of compliance with these rules and the potential for causing foodborne illness by evaluating; and, (1) Past performance, for nonconformance with these rules or HACCP plan requirements that are critical; and, (2) Past performance, for numerous or repeat violations of these rules or HACCP plan requirements that are noncritical; and, (3) Past performance, for complaints investigated and found to be valid; and, (4) The hazards associated with the particular foods that are prepared, stored, or served; and, (5) The type of operation including the methods and extent of food storage, preparation, and service; and, (6) The number of people served; and, (7) Whether the population served is a highly susceptible population; and, (8) Any other risk factor deemed relevant to the operation by the regulatory authority. (i) Competency and access (1) An individual conducting inspections of retail food establishments should be a Registered Professional Sanitarian in Texas or a Sanitarian -in --Training in Texas, as defined in 16 Tex. Admin. Code § 119.2 or should meet the FDA Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements n order to: (A) Assure application of basic scientific principles, including HACCP principles of food safety, during inspections; (B) Properly conduct foodborne illness investigations; (C) Assure uniformity in the interpretations of these rules; and (D) Assure fair and uniform enforcement of these rules. (2) After the regulatory authority presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the regulatory authority to determine if the food establishment is in compliance with these rules by; ZM (A) Allowing access to the establishment; (B) Allowing inspection, and; (C) Providing information and records specified in these rules and to which the regulatory authority is entitled according to law during the food establishment's hours of operation and other reasonable times. (3) If a person denies access to the regulatory authority, the regulatory authority (A) Inform the person that: (i) The food establishment is required to allow access to the regulatory authority as specified under this section; (ii) Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under §10.02.008(g)(6); and, (iii) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection warrant, may be obtained according to law; and (B) Make a final request for access. (4) If after the regulatory authority presents credentials and provides notice as specified under §10.02.008(i)(2), explains the authority upon which access is requested, and makes a final request for access as specified in §10.02.008(i)(3), the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form. (5) if denied access to a food establishment for an authorized purpose and after complying with §10.02.008(i)(2), the regulatory authority may issue, or apply for the issuance of, an inspection warrant to gain access as provided in law. 0) Report of findings (1) The regulatory authority shall document on an inspection report form: A) Administrative information about the food establishment's legal identity, street and mailing addresses, inspection date, and other information such as status of the permit, and personnel certificates that may be required; and (B) Specific factual observations of violative conditions or other deviations from these rules that require correction by the permit holder including: (i) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of these rules specified under FDA 2022 Food Code 2-102; (ii) Failure of food employees and the person in charge to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under Food Code 2-201; (iii) Nonconformance with critical items of these rules; (iv) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under §10.02.008(c)(3); (v) Failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified under §10.02.008(d)(2)(D)(vi); and, (vi) Nonconformance with critical limits of a HACCP plan; and (C) A summary of the inspectional findings that totals weighted demerit values for the inspection items. (2) The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under §10.02.008(k)(1), §10.02.008(I)(1), and §10.02.008(m). (3) At the conclusion of the inspection and according to law, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt. (4) If any person refuses to sign acknowledgment, the regulatory authority shall. (A) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in §10.02.0080)(3) that: (i) An acknowledgment of receipt is not an agreement with findings; (ii) Refusal to sign an acknowledgment of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified; and, (iii) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority's historical record for the food establishment; and (B) Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings. (5) Except as specified in §10.02.008(e), the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law, (6) For the purposes of Chapter 437, Texas Health and Safety Code, the department adopts the Retail Food Establishment Inspection Report form as specified in the following figure. (7) Every food service establishment in the City of Beaumont except temporary food service establishments and retail food establishments, shall; (A) Display at the entrance of the food establishment, a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment. (B) Immediately following each inspection of a food service establishment, the regulatory authority shall issue an appropriate notice in accordance with §10.02.0080). (C) Sanitary conditions of establishments shall be: ■ 100-90 being an A letter grade, ■ 89-80 is a B letter grade, ■ 79-70 is a C letter grade, ■ and any grade below 70 requires immediate closure and follow-up inspection. (k) Imminent health hazard. (1) Ceasing operations and reporting. (A) Except as specified in §10.02.008(k)(1)(B), a food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. (B) A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard. (2) If operations are discontinued as specified under §10.02.008(k)(1) or otherwise according to law, the permit holder shall obtain approval from the regulatory authority before resuming operations. (1) Critical violations, time frame for correction (1) Timely correction. (A) Except as specified in §10.02.008(I)(1)(B), the food establishment shall at the time of inspection implement immediate corrective actions of a critical violation of these rules and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. (B) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the food establishment to correct critical rule violations or HACCP plan deviations. (2) Verification and documentation of correction. (A) After observing at the time of inspection a correction of a critical violation or deviation, the regulatory authority shall enter the violation and information about the corrective action on the inspection report. (B) As specified under §10.02.008(I)(1)(B), after receiving notification that the food establishment has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records. (C) When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective action on all other violations within 48 hours. One or more reinspections shall be conducted at reasonable time intervals to assure correction. (D) In the case of temporary food establishments, all critical violations must be corrected immediately and other violations must be corrected within 24 hours or sooner if required by the regulatory authority. If violations are not corrected, the establishment shall immediately cease food operations until authorized to resume by the regulatory authority. (m) Other violations, time frame for correction. (1) Except as specified in §10.02.008(m)(2), the food establishment shall correct other violations by a date and time agreed to or specified by the regulatory authority but no later than ninety (90) calendar days after the inspection. (2) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under §10.02.008(m)(1) if a written schedule of compliance is submitted by the food establishment and no health hazard exists or will result from allowing an extended schedule for compliance. (n) The regulatory authority may examine and collect samples of food as often as necessary for the enforcement of these rules. A receipt for samples shall be issued by the regulatory authority. The department shall, upon written notice to the owner or person in charge specifying the reason therefore, place under detention any food which it has probable cause to believe is adulterated or misbranded in accordance with the provisions of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431. (o) Investigation and control. (1) The regulatory authority shall act when it has reasonable cause to believe that a food employee has (A) Possibly transmitted disease; (B) May be infected with a disease in a communicable form that is transmissible through food; (C) May be a carrier of infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by: (i) Securing a confidential medical history of the employee suspected of transmitting disease or making other investigations as deemed appropriate; and (ii) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected employee and other employees. (2) Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected food employee or permit holder instituting one or more of the following control measures: (A) Restricting the food employee; (B) Excluding the food employee; or (C) Closing the food establishment by summarily suspending a permit to operate in accordance with law. (3) Based on the findings of the investigation as specified in §10.02.008(o)(1) and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order: (A) states the reasons for the restriction or exclusion that is ordered; (B) states the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated; (C) states that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in law; and (D) provides the name and address of the regulatory authority representative to whom a request for an appeal hearing may be made. (4) The regulatory authority shall release a food employee from restriction or exclusion according to Texas Health and Safety Code, Chapter 438, §438.033, and the following conditions: (A) A food employee who was infected with Salmonella typhi if the food employee's stools are negative for S. typhi based on testing of at least three consecutive stool specimen cultures that are taken: (i) Not earlier than one month after onset; (ii) At least 48 hours after discontinuance of antibiotics; (iii) At least 24 hours apart; (B) If one of the cultures taken as specified in §VIII(o)(4)(A) of this paragraph is positive, repeat cultures are taken at intervals of one month until at least three consecutive negative stool specimen cultures are obtained; (C) A food employee who was infected with Shigella spp. or Shiga toxin - producing Escherichia coli if the employee's stools are negative for Shigella spp. or Shiga toxin -producing Escherichia coli based on testing of two consecutive stool specimen cultures that are taken: (i) Not earlier than 48 hours after discontinuance of antibiotics; and, (ii) At least 24 hours apart; and, (D) A food employee who was infected with hepatitis A virus if: (i) Symptoms cease; or (ii) At least two blood tests show falling liver enzymes. (p) Reporting of communicable diseases. (1) Certain persons, as required in §97.2 of the Tex. Admin. Code, shall report certain confirmed and suspected foodborne diseases. (2) Confirmed and suspected cases of the following diseases, including, but not limited to the following, are reportable: botulism; campylobacteriosis; cryptosporidiosis; Escherichia coli 0157:H7; hepatitis A, acute viral; listeriosis; salmonellosis; shigellosis; trichinosis; and Vibrio infection. (3) Reporting of communicable diseases shall be done in accordance with §97.4 of the Tex. Admin. Code. (4) Persons required to report communicable diseases shall report to the local health authority, or in the case where there is no local health authority, the report shall be made to the Department's Regional Director as required in §97.5 of the Tex. Admin. Code. (5) Local health authorities and regional directors shall report communicable diseases to the Department as provided for in §97.6 of the Tex. Admin. Code. Sec. 10.02.009-10.02.030 Reserved ❑ivision 2. Licenses` Sec. 10.02.031 Issuance; standard fees (a) Upon approval of the application of all applicants, as filed with the Health Department, the Health Department shall issue to the applicant a license or permit. (b) The amount of the license fees for applicants for each location, other than as otherwise provided in this article, shall be determined as follows: (1) Establishments having from zero to ten (10) stools or chairs: $150. (2) Establishments having from eleven (11) to twenty (20) stools or chairs: $225. (3) Establishments having from twenty-one (21) to thirty (30) stools or chairs: $250. (4) Establishments having from thirty-one (31) to fifty (50) stools or chairs: $275. (5) Establishments having from fifty-one (51) to seventy-five (75) stools or chairs: $300. (6) Establishments having from seventy-six (76) to one hundred (100) stools or chairs: $325. (7) Over one hundred and one (101) stools $350. (10) Special food service establishments (per day): $220.00. (11) Establishments needing temporary permits: per day $30.00. Each additional day of the temporary permit a $15 fee will be charged. (12) Establishments needing vending machine licenses: $55.00. (13) Establishments needing seafood/wholesale licenses: $44,00. (14) Establishments needing seafood/retail licenses: $22.00. (15) Establishments needing produce/wholesale licenses: $55.00. (16) School cafeterias, public or parochial: $55.00. (17) Seasonal food service establishments: $82.50. (18) Retail food stores with zero (0) to two (2) checkout counters: $192.50. (19) Retail food stores with three (3) to five (5) checkout counters: $247.50. (20) Retail food stores with six (6) to nine (9) checkout counters: $302.50. (21) Retail food stores with ten (10) or more checkout counters: $357.50. (22) Low risk mobile unit (per year): $100. (23) High risk mobile unit (per year): $250. (c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a license fee which is fifty (50) percent of the fees established above in §§10.02.031(b)(1) - (15). The term "youth oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) percent of whom are less than eighteen (18) years of age. The term "elderly oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) percent of whom are sixty-five (65) years of age or older. The term "nonprofit organizations" shall mean those organizations which have been granted an exemption or are exempt from the payment of federal income taxes. (d) Retail food stores that have an existing city -licensed food service facility shall pay a license fee which is fifty (50) percent of the fees established above in §§10.02.031(b)(18) - (21). (1958 Code, secs. 14-9, 14-20; Ordinance 83-120, sec. 1, adopted 9/27/83; Ordinance 84-15, sec. 1, adopted 1/17/84; Ordinance 84-32, sec. 7, adopted 2/14/84; Ordinance 84-146, sec. 3, adopted 11/13/84; Ordinance 85-57, sec. 1, adopted 5/28/85; Ordinance 00-05, sec. 1, adopted 114/00; Ordinance 03-104, sec. 1, adopted 1219103; 1978 Code, sec. 11-4; Ordinance 07-025, sec. 3, adopted 3120/07; Ordinance adopting Code) Sec. 10.02.032 When fees chargeable; proration of fees; expiration The annual license fee shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first (31st) day of July of each year, and one-half the annual fee for all licenses issued after the thirty-first day of July and through the thirty-first day of December of each year except for seasonal, special event and temporary food service establishments. All licenses shall expire on the thirty-first day of December of each year. Annual renewal fees for established businesses that are not received by January 31 are considered late. fate payments are subject to an additional twenty-five (25) percent penalty on February 1 and an additional five (5) percent penalty will be charged for each subsequent month, until payment is received. (1958 Code, secs. 14-10, 14-21; Ordinance 84-146, sec. 4, adopted 11/13/84; 1978 Code, sec. 11-5; Ordinance 07-025, sec. 4, adopted 3120/07) Sec.10.02.033 Display Each person required to pay for a license hereunder shall keep such license displayed at the entrance of the food establishment. (1958 Code, sec. 14-14; 1978 Code, sec. 11-6) Secs. 10.02.034-10.02.060 Reserved Division 3. Fruit and Vegetable Wholesalers Sec. 10.02.061 License required; application (a) Every person, before opening, maintaining or operating an establishment for sale at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall make application for license for such business upon a blank to be furnished by the health authority of this city, in which application the applicant shall give the following information: (1) Residence and business addresses of the applicant. (2) Number of establishments to be maintained and operated. (3) Nature of business and location thereof. (4) Method of distribution to be used, (1958 Code, sec. 14-11; 1978 Code, sec. 11-7) Sec. 10.02.062 Inspection of premises prior to issuance of license After filing such application for a license, it shall be the duty of the health authority of the City to make an inspection of the premises in which the applicant desires to conduct it's establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the building code of the city and contains floors of concrete connected with floor drains so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables and other furniture therein, shall be built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the Plumbing Code of the City, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with washbasins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such fruit and vegetable products are cleaned, stored, packed, prepared for or offered for sale. (1958 Code, sec. 14-12; 1978 Code, sec. 11-8) Sec. 10.02.063 Issuance; fee; transfer Upon filing of such application to sell fruits or vegetables at wholesale, satisfactory inspection of the premises and paying the health authority a license fee of fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate such establishment for and during the current year for which such license is issued, which license shall not be transferred. In case such license is issued for only a remaining portion of such year, the fee charged shall be proportionately reduced; provided, however, the minimum fee to be paid hereunder shall be the sum of twenty- five dollars ($25.00). (1958 Code, sec. 14-13; 1978 Code, sec. 11-9) Sec. 10.02.064 Construction of delivery vehicles All vehicles or conveyances used for distributing or delivering fruit or vegetables must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other filth. (1958 Code, sec. 14-3; 1978 Code, sec. 11-10) Secs.10.02.065-10.02.090 Reserved Division 4. Seafood Businesses Sec. 10.02.091 License required It shall be unlawful for any person to sell or offer for sale, or distribute, at wholesale or retail, from a fixed place of business within the city any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first obtaining a license for the sale thereof; provided, however, that said license shall not be required of any person selling such marine life outlined above for on -premises consumption. (1958 Code, sec. 14-15; 1978 Code, sec. 11-11) Sec. 10.02.092 Application for license (a) Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in 10.02.091, or in any manner selling or distributing or offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make application for each establishment to be so maintained and operated by the applicant, upon a blank to be furnished by the health authority, and in which application the applicant shall give the following information: (1) Residence and business addresses of the applicant; (2) Number of establishments to be maintained and operated; (3) Nature of business; (4) Whether wholesale or retail; (5) Name of the owner of such establishment; (6) Name under which it is to be operated. (1958 Code, sec. 14-16; Ordinance 84-32, sec. 4, adopted 2/14/84; 1978 Code, sec. 11-12) Sec. 10.02.093 Classes of licenses; fees; term (a) There shall be two (2) classes of licenses for establishments named in 10.02.091, issued by the regulatory authority, said classes of licenses as follows: (1) Upon proper application, and after the applicant has complied with the provisions contained in 10.02,091 hereof, the regulatory authority shall issue to any person a fish wholesaler's license, upon payment by the person to the regulatory authority of the fee established by 10.02.091 herein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store but his sales must be made directly either by delivery upon a previously executed order or directly from his place of business, Nothing in this section shall prohibit any person from making delivery to any retail store in the city, provided such delivery is made in pursuance of a previously executed order from the merchant or retail establishment. (2) Upon proper application, and after the applicant has complied with the provisions contained in 10.02.091, the regulatory authority shall issue to any person a fish retailer's license upon payment by the person to the regulatory authority of the fee established by 10.02.091 herein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store or from house to house or upon the streets of the city, but his sales must be made directly, either by delivery upon a previously executed order, or directly from his place of business, (b) The licenses provided in 10.02.091 shall be for the period of the calendar year, regardless of the date of issuance, unless sooner revoked. (1958 Code, sec. 14-17; Ordinance 84-32, sec. 5, adopted 2/14/84; 1978 Code, sec. 11-13) Sec. 10.02.094 Inspection prior to issuance of license After filing such application for a license, it shall be the duty of the health authority of the City to make an inspection of the premises in which the applicant desires to conduct it's establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the Building Code of the City and contains floors of concrete connected with floor drains so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables and other furniture therein, shall be built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the Plumbing Code of the City, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with washbasins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such marine products are cleaned, stored, packed, prepared for or offered for sale. (1958 Code, sec. 14-18; 1978 Code, sec. 11-14) Sec. 10.02.095 Regulations generally It shall be unlawful to sell or offer for sale, within the city, any fish, oysters, shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the waters under the jurisdiction of the state, have not been approved by the Department of State Health Services under the regulations and permit of such Department, both as to preparation and packing for shipment and shipment; or, if such marine products are taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs, turtles, terrapins, crayfish and clams which have not been taken from the waters under the jurisdiction of the state and approved by the proper authorities of the state, and under the regulations and permit of the state authorities, and of the United States Public Health Service, both as to preparation and packing for shipment and shipment, and, in so selling and offering for sale such marine products, it must be indicated either by certificate or otherwise from such state authorities that such marine products were taken from the waters and packed and shipped as approved and required by such regulations. (1958 Code, sec. 14-5; 1978 Code, sec. 11-15) Sec. 10.02.096 Refrigeration The food commodities named in 10.02.091 shall be kept in adequate refrigeration equipment at not greater than 40 degrees Fahrenheit; and when such commodities are sold, either at wholesale or retail, and the delivery thereof not made at the time of sale, the same shall be delivered in a sanitary manner, and shall be at a temperature not greater than 50degrees Fahrenheit at the point of delivery. (1958 Code, sec. 14-6; 1978 Code, sec. 11-16) Sec. 10.02.097 Adulteration of oysters It shall be unlawful for any person to adulterate oysters, by adding thereto ice, water, sodium sulphate or any other preservative for the purpose of increasing the quantity of or preserving such oysters. (1958 Code, sec. 14-7; 1978 Code, sec. 11-17) Sees.10.02.098-10.02.130 Reserved Division 5. Food Service Manager's Certificate Sec.10.02.131 Reserved Sec. 10.02.132 Certification required It shall be unlawful for any person owning, operating, directing, or managing any food service establishment, catering operation, or any place or vehicle regulated by the city food service sanitation ordinance where food or drink is manufactured, produced, processed, prepared, or otherwise manipulated, within the city, to fall to keep in it's employ a manager, assistant manager, supervisor, or other person in charge of said establishment who has a valid and current food service manager's from an accredited program approved by the Texas Department of State Health Services. (Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-82) Sec.10.02.133 Exemptions (a) Food manager certificates will not be required for the following: (1) Food service establishments providing only beverages, popcorn, prepackaged foods, or commercially prepared candy or nuts; (2) Nonprofit organizations except those operating schools, day cares, nursing homes, halfway houses or boarding homes; (3) Food service establishments inspected at least once in each week by state or federal food sanitation inspectors; (4) Temporary or special event food service establishments; and or supplying food to vending machines. Per §228.221 of the 2021 Food Establishment Rules persons operating a mobile food unit must obtain a food managers certification. (b) For the purposes of this division, a nonprofit organization shall mean an organization which has been granted an exemption or is exempt from the payment of federal income taxes. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 84-146, sec. 5, adopted 11 /13/84; 1978 Code, sec. 11-83) Sec. 10.02.134 Issuance (a) A food service manager's certificate shall be issued to any person who submits the required issuance fee, and: (1) Completes food service manager's certification course or shows evidence of completion, within the past five (5) years, of a course of study which is listed in the Department of State Health Services worker's training program course registry, and achieves the required minimum score of seventy-five (75) points out of a possible one hundred (100) points on a written examination administered or approved by the regulatory authority. An applicant who fails to achieve a minimum score of seventy-five (75) on the written examination may repeat the examination one (1) time without repetition of the food sanitation course of study; The City of Beaumont will no longer offer the food managers certification course. (2) Provides evidence of certification within the past five (5) years by an agency which administers a national examination determined by the Department of State Health Services and/or the U.S. Food and Drug Administration to be content valid and legally reliable; or (3) Provides an associate's or bachelor's degree, or the equivalent, awarded within the past five (5) years, in restaurant or hotel and restaurant management from an accredited college or university. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code, sec. 11-84; Ordinance 07-025, sec, 7, adopted 3/20/07) Sec. 10.02.135 Term; transfer A food service manager's certificate shall be valid for five (5) years from the date of issuance. The expiration date will be written on each certificate issued. No certificate shall be transferable from one person to another person. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code, sec, 11 -85) Sec.10.02.136 Recertification Per the Texas Department of State Health Services, the food manger certification examination may be taken at any accredited examination provider or training program. Certification is valid for five years. See.10.02.137 Revocation (a) A food service manager's certificate may be revoked by the regulatory authority on a finding that any of the following grounds exist: (1) That the food service manager interfered with an inspection of the food service establishment by agents of the regulatory authority; (2) That violations of the City's food service sanitation ordinance exist in the food service establishment; (3) That the certified food manager knowingly falsified any information supplied on an application for certification issued under this division; (4) That the certified food manager or any employee of the food service establishment has made use of a food service manager's certificate which has not been duly issued by the regulatory authority. (b) Prior to revocation of a food service manager's certificate, the regulatory authority shall give written notice to the holder of the certificate and to the owner of the food service establishment in which the food service manager is employed. Such notice shall state: (1) The grounds upon which the city will seek revocation of the certificate; (2) That revocation becomes final ten (10) days after notice unless a written request for hearing is filed with the regulatory authority before expiration of the ten-day period. (c) The notice required by this division is considered served when it is delivered to the holder of the certificate, and the owner of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the certificate and the owner of the food service establishment. A copy of the notice shall be filed in the records of the regulatory authority. (d) The hearing provided for in this division shall be conducted by the regulatory authority at a time and place designated by the regulatory authority. After completion of the hearing, the officer designated by the regulatory authority to conduct the hearing shall make written findings as to whether or not the certificate is to be revoked. If the hearing officer revokes the certificate, written notice of such revocation shall be served on the food service manager and the owner of the establishment with a copy of the findings. Upon receiving written notice that the food service manager's certificate has been revoked, the food service manager shall surrender the certificate to the regulatory authority. (e) If the food service manager fails to appear at the hearing at the time, place, and date specified, the City shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed which constitute grounds for revocation of the certificate. (f) In the event a certificate is revoked, the City shall not be liable for any refund of any part of the fee paid for the certificate. (g) A person whose food service manager's certificate has been revoked shall not be granted a new certificate until such person has attended a course of training and passed the required examination subsequent to the revocation, and met all requirements of an initial applicant. (h) Food service manager's certificates remain the property of the City Environmental Health Division and must be surrendered to the regulatory authority to be voided when the permit has been revoked. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code, sec. 11-87) Sec. 10.02.139 Certificate to be displayed in establishment Food service manager certificates shall be prominently posted in the establishment in a place acceptable to the regulatory authority. (Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-89) 2 February 14, 2023 Consider approving a contract for the modifications of the Civic Center balcony guardrail TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the modifications of the Civic Center balcony guardrail, BACKGROUND The Civic Center Facility, originally constructed in 1977 is now 46 years old. At the time the decision to replace the ripper balcony seating was made, it was agreed that it was not feasible to repair nor replace the retractable seating located beneath the balcony area. The plan was to remove the retractable seating and capture these areas and utilize them for floor events. When the seating is in the retracted position or totally removed, it deems the balcony wall unsafe under balcony railing Height requirements which is 42". The current balcony rail is 26" tall and the distance to the Arena floor is approximately 20'. To prevent the obstruction of the view for the front row of seating, the Architect recommended the use of a glass railing system for the railing modifications. This method is more expensive but the best option for the front row viewing. This project is necessary to allow the safe usage of the upper balcony seating in the Arena. Bids were solicited from five vendors as well as advertised. Two bids were received. The qualified low bidder was Delk Construction of Port Arthur. The proposed scope of work shall include the installation of a glass rail system onto the existing concrete balcony wall and enclosing the current open areas at each aisle location. The cost to install the new glass railing system is $390,000.00 for the base bid and $35,400.00 for the alternate addition of a continuous cap rail at the top of the glass rail system. The total cost of the project, including the alternate, is $425,400.00. Funding is available. Bid Tabulation is attached. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the modifications of the Civic Center balcony guardrail; and, WHEREAS, Delk Construction of Port Arthur, Texas, submitted a bid in the amount of $425,000.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Delk Construction, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Delk Construction, of Port Arthur, Texas in the amount of $425,000.00 for the modifications of the Civic Center balcony guardrail be accepted. 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 14th day of February, 2023. - Mayor Robin Mouton - ( 0 / ( \ a)ƒ g ) E £ / s _ a / % CD j $ 3 ® \ 4 to ) / 4 ca I + ) � CD) 7 § ° i J } | o k R - o CL % g�§@00 /2q2 k f ta /2ƒct / \o §k,0cc 0 \) k k)�k{§#® k/ 3 February 14, 2023 Consider approving the purchase of two trucks for use in the Sewer Maintenance Department TEXAS TO: City Council FROM: Keiu-ieth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of two trucks for use in the Sewer Maintenance Department. BACKGROUND Two Isuzu NRR Jetter flush trucks will be purchased for the Sewer Department, in the amount of $303,333. Flush ttticks are what is used to clean clogged sewer lines throughout the City. These will replace Units 3363 and 3364, which will be kept in reserve. This purchase was approved on Resolution 21-292, however that vendor has been unable to obtain the trucks. Original approved pricing was $246,441.91, reflecting a $56,891.09 total increase. Pricing was obtained from Rush Truck Centers of Texas, of Sealy, Texas, through the H-GAC pricing cooperative contract. H-GAC is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Quote is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 2, 2021, City Council approved Resolution No. 21-292 for the purchase of twenty (20) vehicles; and, WHEREAS, of those vehicles, two (2) Ford 2550 Sewer Maintenance trucks were ncluded; and, WHEREAS, after a fifteen (15) month delay Staff has requested to cancel the purchase of these two (2) items from the vendor, and; WHEREAS, pricing was obtained from Rush Truck Centers of Texas, of Sealy, Texas through the H-GAC pricing cooperative contract for two (2) Isuzu NRR Jetter flush trucks for the Sewer Maintenance Department in the amount of 303,333.00. 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 Council hereby approves the purchase of two (2) NRR Jetter flush trucks for use in the Sewer Maintenance Department. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount totaling $303,333.00, to Rush Truck Centers of Texas, of Sealy, Texas for the vehicles listed below as shown on Exhibit 'A" attached hereto: 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 11th day of October, 2022. CONTRACT PRICING WORKSHEE „• , , , For MOTOR Vt;I3ICLES Only Contract No.: H'I'Q6-20 Date Pre fared: 2/(/2023 This Worksheet is prepared by Contractor and given to End MUST be faxed to H-GAC rr 7I3-993-4548. Therefore User. If a PO is issued, both documents please type of priut legibly. Buying Agency: CITY OF BEAUMONT Contractor: RUSH TRUCK CENTERS OF TEXAS, L.P. Contact Person: JEFF HARVILLE Prepared By: COLTON KRUSE Phone: (409) 842-5885 Phone: (830) 302-5219 Fax: N/A Fax: N/A Email: Leff,harville@beaurnonttexas,gav Email: lkrusec@rushenterprises,com Product Code; G5 Description: Isuzu NRR letter A, Product Item Base Unit Price Per Contractor's H-GAC Contract: $ 42,860,00 R. Published Options - Itemize below- Attach additional sheet(s) if necessary - Include Option Code in description if applicable, (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost PTO $8,855,00 Pipehunter Jetter Per Contract: SC01-21 $ 84,065.50 PD I $1,060.00 Service Pack $1,500.00 Body Prep Package $3,000.00 Chassis Options $1,028.84 Subtotal from Additional Sheet(s): �. Subtotal B: $ 99,509.34 C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost 2024 OEM MODEL PRICE INCREASE $3,212.00 ETC Modification $ 933.00 MATERIAL & TRANSPORTATION SURCHARGE $4,275,00 Subtotal From Additimial Sheet(s): subtotal C:1 $ 8,420.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of For this transaction the percentage is: the Base Unit Price plus Published Options (A+B) 6% D. Total Cast Before Any Applicable Trade-in / Other Allo►vanees / Discounts (A+B+C) Quantity Ordered: 2 X Subtotal of A + B + C; $15Q789.34 = Subtotal D: Is301,578.68 Jr. H-GAC Order Processing Charge (Amount Per Current Policy) Snbtotal B; $ 1,000.00 F. Trade -Ins ! Special Discounts / Other Allowances / Freight / Installation 1 Miscellaneous Charges Description Cost Description Cost Freight $ 754.32 Subtotal F: $ 754.32 Delivery Date: G. 'Total Purchase Price (D+JJ-t•F): $ 303,333,00 EXHIBIT "A" CUSTOMER: CITY OF BEAUMONT February 6, 2023 ISUZU COMPUTATIONS: ISUZU NRR CHASSIS: Chassis For Jetter OPTIONS CALCULATIONS: COMPLETE CHASSIS LIST PRICE: (SEE CHASSIS SPEC) $ 67,241.00 CHASSIS LIST: $ 64,260.00 CHASSIS OPTIONS LIST: $ 1,156.00 TOTAL OF PUBLISHED OPTIONS FOR PAGE 1: 1 $ 1,028.841 CHASSIS & BODY OPTIONS 0 Februmy 14, 2023 Consider approving a contract for the purchase and installation of a standby generator at the Water Utilities Service Center TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase and installation of a standby generator at the Water Utilities Service Center. BACKGROUND Currently the City's Water Utilities Service Center located at 1350 Langham does not have a permanent back up power supply to help in continuing operations during any kind of major emergency event that causes the facility to lose power. Formal bids were requested for the purchase and installation of a new permanently mounted generator and automatic transfer switch that will be fueled by natural gas. Eight vendors were notified of the bid opportunity and four responses were received, A & A Electric Co, of Beaumont responded with the low base bid of $163,377 with 540 calendar days to complete the work, and $1,452 for Alternate ## 1 to provide a five year Limited Warranty on the generator and a three year warranty on'the automatic transfer switch. Staff recommends award of the contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the purchase and installation of a standby generator at the Water Utilities Service Center; and, WHEREAS, A & A Electric Co. of Beaumont, Texas, submitted a bid in the amount of $163,377.00 with 540 calendar days to complete the work and $1,452.00 for Alternative #1 to provide a five (5) year Limited Warranty on the generator and a three (3) warranty on the automatic transfer switch; and, WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric Co., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by A & A Electric Co., of Beaumont, Texas in the amount of $164,829.00 for the purchase and installation of a standby generator at the Water Utilities Service Center be accepted. 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 14th day of February, 2023. - Mayor Robin Mouton - d: tll c m u u w Ln in W �s u > O p uj vi C n J °° (� u rd � H9 U) l u G � � m o a o a o o Cp al M fu b O N N 4A fa U M w Ln O O ¢l UJ is c U O O C C u o O id "0 o"i Q w E CL W tri cci 3 �t w rd u 0 O u Ln C7 u '� K O q QI 0 0. M Ln w E m m ? a mLOu 4i ► O Q LM if1 om N 01 0 rd �o r= >' .0 t o > a n3 m E y u E�M P> a 40 O Q •N M Vi 'TS y m y, J :u •►. 0rd .,G 4c c y y a� a j L v t} to uCi Q en u ca X W WORK SESSION Review and discuss fluoride in water treatment 5 February 14, 2023 Consider authorizing the City Manager to place an item on the May ballot to remove fluoride from the surface water treatment process. TEXAS TO: City Council FROM: Kei eth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 14, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to place an item on the May ballot to remove fluoride from the surface water treatment process. BACKGROUND Currently fluoride is added to the drinking water as part of the treatment process at the Pine Street Surface Water Treatment Plant. This resolution would authorize the City Manager to add an item to the May ballot that would allow citizens to vote on whether to remove fluoride from the treatment process. FUNDING SOURCE None. RECOMMENDATION None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, currently fluoride is added to the drinking water as part of the treatment process at the Pine Street Surface Water Treatment Plant; and, WHEREAS, adding an item to the May ballot stating the option for citizens to vote on the removal of fluoride should be considered. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is herby authorized to place an item on the May Ballot allowing citizens to vote on whether to remove fluoride from the treatment process. 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 14th day of February, 2023. - Mayor Robin Mouton - WORK SESSION Review and discuss the City of Beaumont's Legislative Priorities WORK SESSION Review and discuss requests from developers for support of an affordable housing project at the Northeast Quadrant of Cardinal Drive and Fannett Road as well as a proposed project at 1125 N. 111h Street AM �Wmlli` TEXAS Work Session TO: City Council FROM: Kenneth Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 14, 2023 REQUESTED ACTION: Council conduct a Work Session to review and discuss requests from developers for support of an affordable housing project at the Northeast Quadrant of Cardinal Drive and Fannett Road as well as a proposed project at 1125 N. 111" Street, BACKGROUND Two developers are applying to the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credits (HTC's) for the development of affordable housing within the city. In order to submit the application, TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. In addition, the developers are seeking additional support of their projects in order to achieve a better score for their project. -, This could include a statement of support for a project as well as financial support in the form of a $500 permit fee waiver, The two projects are: • Abiding Grace, a proposed seventy (70-92) to ninety-two unit Senior multifamily housing development, located at northeast quadrant of Cardinal Drive & Faiuiett Road. The developer is Beaumont AG, LP, a subsidiary of ITEX of Houston. • Trinity Crossing, a proposed seventy-two (72) unit Senior housing development, located at 1125 North I l"' Street. The developer is Trinity Housing Development of Austin. The City Council could support one, both or neither project, If there is interest to move forward, resolutions would be submitted for consideration at the City Council meeting on February 21".