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HomeMy WebLinkAbout07/30/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 30, 2024 5:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update Update on the Artifical Turf TxDOT Presentation on the Status of Construction Projects within Beaumont RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-4 (or any other topic). Item No. 5 has already been heard in a Public Hearing therefore, citizens cannot speak on that item. 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.Council to consider approving the July 2, 2024, July 12, 2024 and July 16, 2024. B.Council to consider a resolution authorizing the issuance of a letter of approval to allow Concord EMS to operate an ambulance service in the city limits of Beaumont. C. Council consider a resolution approving an annual maintenance agreement from our current Fire records management system that is utilized by Fire and EMS. D.Council consider a resolution approving a contract for the addition of a redundant Chiller at the Municipal Court Building located at 700 Orleans E.Council consider a resolution authorizing the City Manager to amend Resolution 24- 131 for the Street Rehabilitation Citywide – Phase V (REBID) Project. F.Council consider a resolution approving the annual contract for Painting and Related Services. G.Council to consider formal adoption of the City Procurement Policies and Procedures 7.3 H.Council consider a resolution of a License to Encroach Agreement located at 860 Magnolia. I.Council consider a resolution of a License to Encroach Agreement located at 5535 Calder Avenue. J.Council consider a resolution of a License to Encroach Agreement located at 2165 Sabine Pass. K.Council consider a resolution repealing Resolution No. 11-028 of a License to Encroach Agreement located at 5535 Calder Avenue. L.Council consider a resolution approving the six (6) month contract to supply asphaltic concrete for use by the City. M.Council consider a resolution appointing members to the Parks, Recreation, and Open Space Master Plan Steering Committee. N.Council consider a resolution approving the purchase of a street sweeper tracking software from a company in Canada to be used by the Streets and Drainage division. REGULAR AGENDA 1. Conduct an election for Mayor Pro Tempore 2. Council to consider confirming the appointment of a new Police Chief. 3. Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Tanksco, Inc., of Fort Worth, TX, for the Prison Ground Storage Tank Rehabilitation Project. 4. Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the Street Rehabilitation City Wide – Phase IV Project. 5. Council consider proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:July 30, 2024 REQUESTED ACTION:Council to consider approving the July 2, 2024, July 12, 2024, and July 16, 2024, City Council Meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - July 2, 2024, July 12, 2024, and July 16, 2024. MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIJULY 2, 2024 Chris Durio, Ward IV 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 July 2, 2024, 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 – Update on new use of Artificial Turf Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1- 10 & 12-13. (or any other topic). Item 11 has already been heard in a Public Hearing therefore, citizens can’t speak on the item. Mayor West called the council meeting to order at 1:30 p.m. Pastor Donnie Flippo with Gospel Center Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “ National Watch Your Car Safety Month” – July 2024 – Accepting; Sergeant Kenneth Karr with the Beaumont Police Department Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10 & 12-13. (or any other topic). Item 11 has already been heard in a Public Hearing therefore, citizens can’t speak on the item. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) William Johnson1045 MadisonBeaumont TX Deborah Fetherlin2693 HazelBeaumont TX Minutes – July 2, 2024 Charlie Crabbe928 East Dr.Beaumont TX Jason Marshburn1070 Monterrey Dr.Beaumont TX Melissa BradfordNo Address GivenBeaumont TX 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.Council to consider approving the June 18, 2024, City Council meeting minutes. B.Council to consider approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries – Resolution 24-153 C.Council to consider a resolution listing the authorized grant official for the Southeast Texas Auto Theft Task Force to receive funding for the Catalytic Converter Program Grant through the Motor Vehicle Crime Prevention Authority for the 2025 grant year – Resolution 24-154 D.Council to consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking – Resolution 24-155 E.Council to consider a resolution authorizing the conveyance of a drainage easement to Jefferson County Drainage District No. 6 – Resolution 24-156 F.Council to consider a resolution appointing members to the Parks and Recreation Advisory Committee – Resolution 24-157 G.Council to consider a resolution approving the purchase of audio and video equipment from various vendors for use in the Police Real Time Crime Center (RTCC) – Resolution 24-158 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Approve a resolution allowing the city to terminate agreements with water customers that provide for special rates. We have contracted with Water Company of America to find lost revenue in our water system. They found some outside-city commercial water customers that were granted Minutes – July 2, 2024 special inside-city rates for water and sewer in old contracts the City drafted. These contracts have not been renewed by the customers, and we are planning to terminate these agreements and begin charging the outside-city rates to these customers, as we do for all other customers outside the city limits. These customers are Jefferson County Correctional Facility, Beaumont Dream Center, LIT/Lamar University, Texas Department of Criminal Justice, Federal Correctional Complex, Lower Neches Valley Authority, and the Jefferson County Sheriff's office. Changing the rates from inside-city to outside-city would provide the city with a much-needed revenue gain to the tune of $1,500,000 annually. We have sent letters to these parties letting them know this will be on today's Council agenda. This is aligned with the strategic plan goal of financial soundness. It could be a factor in improving the city's bond rating in the future. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY TO TERMINATE AGREEMENTS WITH WATER CUSTOMERS THAT PROVIDE FOR SPECIAL RATES. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-159 2.Council to consider a resolution authorizing the City Manager to award a contract to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11th Street Storm Sewer Repair Project. The Euclid Street at 11th Street area has been prone to frequent flooding. An investigation of the storm sewer system in this area revealed a conflict that must be repaired. The Euclid Street and 11th Street Storm Sewer Repair Project will repair the storm sewer conflict where a lateral line ties into the trunk line and place a concrete manhole at the repair site. Additionally, the scope of the project includes removing approximately 70 linear feet (LF) of existing storm sewer, installing approximately 105 LF of new storm sewer, and replacing the associated sections of concrete and asphalt driveways, asphalt roadway pavement, and concrete roadway pavement. On June 13, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $105,000.00. The base bid items are totaled in the table below: ContractorLocationBase Bid Eastex Utility ConstructionBeaumont, TX$79,904.00 Greenscapes Six, LLCBaytown, TX $102,322.00 Brystar Contracting, Inc.Beaumont, TX$122,430.00 Minutes – July 2, 2024 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Eastex Utility Construction, in the amount of $79,904.00. A total of sixty (60) calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EASTEX UTILITY CONSTRUCTION, OF TH BEAUMONT, TEXAS, IN THE AMOUNT OF $79,904.00, FOR THE EUCLID STREET AND 11 STREET STORM SEWER REPAIR PROJECT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-160 3.Council to consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Dr and Clinton St Storm Sewer Outfall Emergency Repair Project. The storm line that drains the intersection of Belvedere Drive at Clinton Street to Hillebrandt Bayou runs within an easement between the houses at 675 and 695 Belvedere St. This storm line is made of both reinforced concrete pipe (RCP) and corrugated metal pipe (CMP) and, due to age and poor soil conditions, has many defects where the concrete joints of pipe have separated. These defects require excavation to make the necessary point repairs at these locations. Due to the risk of damage to the adjacent residences and their foundations, it is recommended to repair this storm sewer by trenchless methods. The proposed scope of work will install a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its entire length and not require excavation to make the repairs. A Ground Penetrating Radar (GPR) survey will also be performed for the length of the storm sewer line to identify any potential cavities that are not visible from the surface. Any cavities found will be repaired per the geotechnical engineer’s recommendations. Based on a review of the proposal to install the CIPP liner through the approximately 220 total feet of storm sewer, and to perform the GPR Survey, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $96,300.00. Vortex has successfully performed similar storm line rehabilitation work for the city. The proposal was obtained through the HGACBuy Cooperative. A total of thirty (30) calendar days are allocated for the completion of this project. Funds will come from Certificates of Obligations. Minutes – July 2, 2024 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VORTEX COMPANIES OF HOUSTON, TEXAS, IN THE AMOUNT OF $96,300.00 FOR THE BELVEDERE DRIVE AND CLINTON STREET STORM SEWER OUTFALL EMERGENCY REPAIR PROJECT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-161 4.Council to consider a resolution designating the City Manager as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. The Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from the 2019 Floods (including Tropical Storm Imelda) for infrastructure assistance. On July 26, 2022, by Resolution No. 22-183, City Council authorized the City Manager to execute all documents necessary to apply for and accept funding from the Texas General Land Office (GLO) for the CDBG Recovery Program for the Laura Addition Drainage Improvements project. The GLO requires the City to have at least two authorized signatories for contractual and financial documents. In addition to the City Manager, by this resolution, City Council authorizes the following: The Mayor, Assistant City Manager, and Public Works Director are authorized to execute contractual documents associated with the Community Development Block Grant – 2019 Floods Program; and The Director of Public Works and City Engineer are authorized to execute environmental review documents and to certify to environmental clearance matters associated with the CDBG-DR project; and The Assistant City Manager, Chief Financial Officer, Assistant Chief Financial Officer, and Grants Accountant are authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant – 2019 Floods Program. Approval of the resolution. Minutes – July 2, 2024 Councilmember Getz moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT – 2019 FLOODS – CDBG-DR. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-162 5.Council to consider a resolution authorizing the purchase of two Chevrolet Silverado pickup trucks for the Southeast Texas Auto Theft Task Force. On May 21, 2024, the City Council passed resolution 24-124, authorizing the application for grant funds from the Motor Vehicle Crime Prevention Authority (MVCPA). Specifically, $92,900 was requested to purchase two pickup trucks for the Southeast Texas Auto Theft Task Force on the 2024 MVCPA Catalytic Converter Program Grant. It is unknown when notification will be made on whether funds will be awarded, and the grant year ends August 31, 2024. Since the time period required to order, receive, and pay for these vehicles could be very short, this resolution is seeking City Council approval for this purchase only if funds are awarded. The vehicles to be purchased are replacing one 2016 model for the Beaumont Police Dept. and providing a vehicle for Jefferson County. The vehicles will be purchased from Silsbee Ford through the GoodBuy purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. GoodBuy complies with the State of Texas’ procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Funds will come from the MVCPA grant funds in the amount of $92,900, Police Confiscated Goods in the amount of $4,057.75, and a cash match from Jefferson County in the amount of $4,057.75. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) 2023 CHEVROLET SILVERADO’S 1500 PICKUP TRUCKS FOR USE BY THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE FROM SILSBEE FORD OF SILSBEE, TEXAS THROUGH THE GOODBUY PURCHASING COOPERATIVE PROGRAM IN THE AMOUNT OF $101,015.50; IF AWARDED A GRANT FROM THE MOTOR VEHICLE CRIME PREVENTION AUTHORITY. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED Minutes – July 2, 2024 RESOLUTION 24-163 6.Council to consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3480 Goliad. The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Diamond Homes, LLC, has requested to receive the following incentives: 1.A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2.Building fee waivers (not including tap and meter fees). 3.Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a residential new construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new residential construction would aid growth in this area. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DIAMOND HOMES, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: (1) A POSSIBLE THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $50,000.00 FOR RESIDENTIAL USES AND $75,000.00 FOR ALL OTHER USES; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A RESIDENTIAL NEW CONSTRUCTION AT 3480 GOLIAD STREET. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-164 7.Council to consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Minutes – July 2, 2024 Empowerment Zone Program for the development of a residential new construction at 3470 Goliad. The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Diamond Homes, LLC, has requested to receive the following incentives: 1.A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2.Building fee waivers (not including tap and meter fees). 3.Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a residential new construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new residential construction would aid growth in this area. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DIAMOND HOMES, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: (1) A POSSIBLE THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $50,000.00 FOR RESIDENTIAL USES AND $75,000.00 FOR ALL OTHER USES; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A RESIDENTIAL NEW CONSTRUCTION AT 3470 GOLIAD STREET. Mayot Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-165 8.Council to consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a new residential construction at 3185 Elinor Street The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as Minutes – July 2, 2024 encourage the redevelopment or growth of existing businesses and residences. Diamond Homes, LLC, has requested to receive the following incentives: 1.A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2.Building fee waivers (not including tap and meter fees). 3.Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DIAMOND HOMES, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: (1) A POSSIBLE THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $50,000.00 FOR RESIDENTIAL USES AND $75,000.00 FOR ALL OTHER USES; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A RESIDENTIAL NEW CONSTRUCTION AT 3185 ELINOR STREET. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-166 9.Council to consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3485 Pradice Street. The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Diamond Homes, LLC, has requested to receive the following incentives: Minutes – July 2, 2024 1.A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2.Building fee waivers (not including tap and meter fees). 3.Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DIAMOND HOMES, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: (1) A POSSIBLE THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $50,000.00 FOR RESIDENTIAL USES AND $75,000.00 FOR ALL OTHER USES; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A RESIDENTIAL NEW CONSTRUCTION AT 3485 PRADICE STREET. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-167 10.Council to consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3520 Pradice Street. The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Diamond Homes, LLC, has requested to receive the following incentives: 1.A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2.Building fee waivers (not including tap and meter fees). Minutes – July 2, 2024 3.Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DIAMOND HOMES, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: (1) A POSSIBLE THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $50,000.00 FOR RESIDENTIAL USES AND $75,000.00 FOR ALL OTHER USES; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A RESIDENTIAL NEW CONSTRUCTION AT 3520 PRADICE STREET. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-168 11.Council to consider a request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District or a more restrictive zoning district to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. Bret Floy is requesting a Rezone with a Specific Use Permit to allow an automotive repair, paint and body shop to be located at 3480 Benchmark Drive. The subject property is located at the southeast corner of Benchmark and through to French Road. The lots to be rezoned from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Family Dwelling) District are along the southern boundary of the development and will mostly be used for parking. Rezoning this property to GC-MD or a more restrictive zoning district would be consistent with the adjoining zoning district and will require a landscape buffer to surrounding residential properties. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. This request received protest from the property owners comprising 26% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such Minutes – July 2, 2024 change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." At a Joint Public Hearing held on June 17, 2024, the Planning Commission recommended 5:1 to approve the request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District or a more restrictive zoning district to allow an automotive paint and body shop for property located at 3480 Benchmark Drive, with the following conditions: 1.All lighting installed must be directional and shielded from all residential properties to the east and south. 2.Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow and/or pre-treatment programs. 3.No permanent structure or appurtenances shall be placed within easements. 4.Construction plans shall comply with all applicable Fire and Building Code requirements. 5.Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6.A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. Approval of the ordinance, with the following conditions: 1.All lighting installed must be directional and shielded from all residential properties to the east and south. 2.Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow and/or pre-treatment programs. 3.No permanent structure or appurtenances shall be placed within easements. 4.Construction plans shall comply with all applicable Fire and Building Code requirements. 5.Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. Minutes – July 2, 2024 6.A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL MULTIPLE FAMILY-MEDIUM DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 24-031 Council did not approve the Specific Use Permit for 3480 Benchmark Drive, the item will need to come back to Council for approval. PUBLIC HEARING Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisance Exits on the Property owned by Robert S. Mode at 1495 Wall St. Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. Public Hearing Open: 3:10 p.m. Robert Mode1495 Wall St.Beaumont TX Public Hearing Close: 3:13 p.m. 12.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert S Mode at 1495 Wall St. According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or Minutes – July 2, 2024 whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be nuisance. BLANCHETTE 1st W 100" L-84 B 7 BLANCHETTE 1 L83 N11FT K82 B 7 BLANCHETTE 1 S39FT OF L82 B 7 The legal description and violations of this property are: 10.01.001 Nuisances 10.01.004 Discharge of offensive liquids 10.04.001 Rat proofing 10.04.003 Stacking and elevating materials 10.01.006 Offensive Odors 12.07 Litter Control If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from the General Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1495 WALL STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS(S) HAVE TEN (10) DAYS TO COMPLY. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 24-032 13.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The violations to this property are: 10.01.001 Nuisances 10.04.001 Rat proofing 10.04.003 Stacking and elevating materials 12.07 Litter Control The legal description and violations of this property are: WESCALDER FIG AC L22-I B2 If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from the General Fund. Approval of the ordinance. Minutes – July 2, 2024 Councilmember Neild moved to ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 9080 WASHINGTON BLVD., BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS(S) HAVE TEN (10) DAYS TO COMPLY. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 24-033 WORK SESSION Council to Discuss the Public Safety Fee Waiver and Vacant Building Registry Ordinance. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 4:37 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – July 2, 2024 MINUTES OF THE CITY OF BEAUMONT SPECIAL - COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIJULY 12, 2024 Chris Durio, Ward IV 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 Special session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on July 12, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 3:00 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/Regular Agenda item No. 1. (or any other topic). Mayor West called the council meeting to order at 3:00 p.m. Pastor Benoit of Magnolia Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on Regular Agenda Item No. 1. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Daniel Ozane4805 Steelton St.Beaumont TX Tom Noyola971 Sun MeadowBeaumont TX Treva Johnson1428 Wall St.Beaumont TX Vivian Todd4325 Thomas ParkBeaumont TX Aaron Lewallen617 DrawhornPt. Neches TX Minutes – July 12, 2024 Schaib Jabbar2310 Avalon St.Beaumont TX Rodney Robichou5255 MerlotBeaumont TX LaDonna Sherwood5265 Richard Dr. Beaumont TX Toni Prados2130 Sarah St.Beaumont TX Vernon Durden16436 Westbury Rd.Beaumont TX Frank Coffin Jr.6455 Ellington Ln.Beaumont TX Christopher Jones1045 DoucetteBeaumont TX Issac Mouton7885 Shire Ln.Beaumont TX Julliana Reyes Bailey2125 Calder Ave.Beaumont TX Lashon Proctor4690 Jancar Ave.Beaumont TX Stefanie Norris970 SunmeadowBeaumont TX Jon Reaud6245 GracemountBeaumont TX James Singletary255 College St.Beaumont TX Carlton Sharp5150 Plant RoadBeaumont TX Shawn Javed2305 AvalonBeaumont TX Airon Reynolds6945 Salida Ln.Beaumont TX Deondre Moore630 Campus St.Beaumont TX W.R. Sam 1761 RenaBeaumont TX EXECUTIVE SESSION – Recessed at 4:08 p.m. Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyra Joy Hope Jason Plunkett Troy Price Britta Steinbrenner Minutes – July 12, 2024 Council reconvened at 6:04 p.m. REGULAR AGENDA 1.Council to consider a resolution confirming the appointment of a new Police Chief. Councilmember Durio moved to APPROVE A RESOLUTION APPROVING Troy Price AS THE NEW POLICE CHIEF. Councilmember Samuel seconded the motion. Councilmember Neil made a motion to reject the City Managers selection of Troy Price as the new Police Chief. Councilmember Getz second the motion. AYES:MAYOR WEST, COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD NAYS:MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO AND SAMUEL A roll call vote was requested: Mayor West – Yes Mayor Pro Tem Turner – No Councilmember Durio – No Councilmember Getz – Yes Councilmember Feldschau – Yes Councilmember Samuel – No Councilmember Neild - Yes MOTION PASSED COUNCILMEMBER COMMENTS (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no other business to come before Council, the meeting adjourned at 6:24 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – July 12, 2024 MINUTES OF THE CITY OF BEAUMONT SPECIAL - COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIJULY 16, 2024 Chris Durio, Ward IV 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 Special session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on July 16, 2024, 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/Regular Agenda item No. 1. (or any other topic). Mayor Pro Tem Turner called the council meeting to order at 1:30 p.m. Pastor J.W. Richards with LifePoint Church gave the invocation. Mayor Pro Tem Turner led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau and Samuel (arrived at 2:04 p.m.). Absent: Mayor West and Councilmember Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Item No. 1. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Cheryl Paige1410 W. FloridaBeaumont TX Sandra Womack11310 Fairfield St.Beaumont TX Albert Harrison1240 AshleyBeaumont TX Marvin Cash1882 ParkBeaumont TX Minutes – July 16, 2024 Jerome Alexander1118 Evalon st.Beaumont TX Melissa BrandfordNo Address GivenBeaumont TX Jude Paredez10620 Gage Rd.Beaumont TX Addie Allen9695 GrossBeaumont TX 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.) None REGULAR AGENDA 1.Council to consider an ordinance authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2024 in an estimated amount not to exceed $12 Million; levying taxes to provide for payment thereof; and containing other matters related thereto. On May 21, 2024, the Council authorized the publication of a notice of intention to issue the Certificates of Obligation. Results of the sale will be presented by the City’s Financial Advisor, Dustin Traylor of RBC Capital Markets. Interest is payable semiannually in March and September beginning March 1, 2025. UMB Bank, of Houston, Texas will serve as paying agent/registrar. Delivery and receipt of the proceeds by the city are scheduled anytime from July 25 through July 30, 2024. Principal and interest is paid from the Debt Service Fund which is supported by property taxes. Approval of the ordinance. Councilmember Getz moved to ADOPT AS AMENDED AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2024 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND THE CHIEF FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING THERETO; LEVYING A TAX IN PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES OF OBLIGATION, INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS, ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE PURCHASE AGREEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; AUTHORIZING AND CONFIRMING THE ENGAGEMENT OF CERTAIN PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND ENACTING OTHER PROVISIONS RELATING THERETO. Councilmember Durio seconded the motion. Minutes – July 16, 2024 AYES:MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-034 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 2:04 p.m. A.J. Turner, Mayor Pro Tem Tina Broussard, City Clerk Minutes – July 16, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:July 30, 2024 REQUESTED ACTION:Council to consider a resolution authorizing the issuance of a letter of approval to allow Concord EMS to operate an ambulance service in the city limits of Beaumont. BACKGROUND Gloria Broussard, owners of Concord EMS is requesting a letter of approval to operate in the city limits of Beaumont as a transport service only and will not participate in the city of Beaumont's Rollover agreement to respond to emergency calls. FUNDING SOURCE NONE RECOMMENDATION APPROVAL ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Gloria Broussard, owner of Concord EMS, is requesting approval to operate an ambulance transport service in the city limits of Beaumont; and, WHEREAS, Concord EMS will operate as a transport service only and will not participate WHEREAS, the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers already operating in the City; and, WHEREAS, the addition of another licensed emergency medical service provider will remedy an existing provider shortage that cannot be resolved through the use of licensed emergency services providers operating in the City; and, WHEREAS, the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency services in the City; and, WHEREAS, the City Council is of the opinion that the request of Gloria Broussard, owner of Concord EMS, to operate an ambulance transport service in the city limits of Beaumont should be approved; 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 request of Gloria Broussard, owner of Concord EMS, to operate an ambulance transport service in the city limits of Beaumont is hereby approved. 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 30th day of July, - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution approving an annual maintenance agreement from our current Fire records management system that is utilized by Fire and EMS. BACKGROUND The software is utilized by Fire to provide incident tracking, dispatch system integration, state and federal data reporting, quality management, reporting, analytics, properties and inspections, hydrants, personnel management, asset management, and employee scheduling. This purchase in the amount of $89,136.63 is exempt from competitive bidding as it is available from a sole source with exclusive rights to modify and maintain the software. This agreement is an annually renewed contract, with the current renewal beginning on July 21, 2025. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS None RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve an annual maintenance agreement from our current Fire records management system that is utilized by Fire and EMS in the amount of $89,136.63. 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 30th day of July, - Mayor Roy West - D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution approving a contract for the addition of a redundant Chiller at the Municipal Court Building located at 700 Orleans BACKGROUND The City solicited bids for a redundant chiller to be located at the Municipal Court building. The existing unit is approximately 10 years old, and having a redundant chiller will ensure optimal operations for all essential departments housed at this facility. Nineteen (19) vendors were notified as well as advertising on the City web page and newspaper ads. Three bids were submitted. Associated Mechanical Services, of Nederland, responded with the low qualified bid of $369,905 and 26 calendar days to complete project once equipment is in. The addition is budgeted in the FY24 budget. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund $369,905. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Approved Bid Tab. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a contract for the addition of a redundant Chiller at the Municipal Court Building; and WHEREAS, Associated Mechanical Services, of Nederland, Texas, submitted a bid in the amount of $369,905.00, with an addition of twenty-six (26) calendar days to complete the project once the equipment has arrived; and, WHEREAS, the City Council is of the opinion that the proposal submitted by Associated Mechanical Services, of Nederland, Texas, 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 Associated Mechanical Services, of Nederland, Texas in the amount of $369,905.00 for the addition of a redundant Chiller at the Municipal Court Building be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Associated Mechanical Services, of Nederland, Texas, in the amount of $369,905.00 for the addition of a redundant Chiller at the Municipal Court Building. 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 30th day of July, - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to amend Resolution 24-131 for the Street Rehabilitation Citywide – Phase V (REBID) Project. BACKGROUND On November 7, 2023, by Resolution No. 23–338, the City Council awarded a contract to ALLCO, LLC, of Beaumont, for $6,847,514.00, for Street Rehabilitation Citywide – Phase V (REBID) original base bid items only. The award amount did not include the original additive bid items for the rehabilitation of the Wastewater Treatment Plant Roadway, of $1,026,822.00, as funding was not available at the time of award. Once funding became available, Council approved Change Order No. 3 in Resolution 24-131 on May 21, 2024, for the addition of the original additive bid items for the rehabilitation of the Wastewater Treatment in the amount of $1,026,822.00, to the Street Rehabilitation Citywide – Phase V (REBID) Project. Change Order No. 3 resulted in a new contract amount of $8,498,661.75 which included change orders 1-2 in the total amount of $624,325.75 which are attached for review. Staff request that the Council approve an amendment to Resolution 24-131 to accept and award the original additive items as a new stand-alone contract to allow for additional work if needed. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehabilitation Citywide – Phase V (REBID) Amendment RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 7, 2023, by Resolution No. 23-338, the City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide- Phase V (REBID) Project original base items only; and, WHEREAS, the award amount did not include the original additive bids items for the rehabilitation of the Wastewater Treatment Plant Roadway, of $1,026,822.00, as funding was not available at the time of the award; and, WHEREAS, on May 21, 2024, funding became available and Council approved Change Order No. 3 in Resolution 24-131, for the addition of the original additive bid items for the rehabilitation of the Wastewater Treatment Plant Roadway in the amount of $1,026,822.00, to the Street Rehabilitation Citywide Phase V (REBID) Project; and, WHEREAS, Change Order No. 3, increased the contract amount to $8,498,661.75, which includes Change Orders No. 1-2 in the amount of $624,325.75; WHEREAS, staff requests that Council approve the amendment to Resolution 24-131 to accept and reward the original additive items as a new stand-alone contract to allow for additional work if needed; 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 approve the amendment to Resolution 24-131 to accept and award the original additive items for the Street Rehabilitation Citywide- Phase V (REBID) Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenny Smith, Director of Facilities Maintenance MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution approving the annual contract for Painting and Related Services. BACKGROUND This contract provides for commercial grade painting requirements and related services for various City Facilities. The initial term of the contract is for one (1) year. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year terms at the prices quoted, not to exceed a total of three (3) years. Five hundred twenty-one (521) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Five (5) bids were submitted. Marsh Waterproofing, Inc. of Vidor, who holds the current contract, responded with the lowest qualified bid of $107,200.00. This bid submission is the same amount as the current contract and is an approved budgeted amount. Bid tabulation is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were received for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services in various City facilities; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the estimated WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services in various City facilities in the estimated annual Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contact with Marsh Waterproofing, Inc. for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:July 30, 2024 REQUESTED ACTION:Council to consider formal adoption of the City Procurement Policies and Procedures 7.3 BACKGROUND On April 16, 2024, Council approved Resolution 24-097 authorizing the City Manager to submit a grant application and execute a grant agreement with the General Land Office in the amount of $300,000 for the TX-GLO Resilient Communities Program funding. If awarded, this grant will support an updated Comprehensive Plan that is integrated with our existing Hazard Mitigation Plan. The GLO requires that the City's Procurement Policies submitted as an attachment to the application be formally adopted by Council. Purchasing Policy 7.3 and Resolution 24-097 are attached for review. FUNDING SOURCE N/A RECOMMENDATION Approval of the adoption of the City Procurement Policies and Procedures 7.3 ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 16, 2024, Council approved Resolution 24-097 authorizing the City Manager to submit a grant application and execute a grant agreement with the General Land Office in the amount of $300,000.00 for the TX-GLO Resilient Communities Program funding; and, WHEREAS, if awarded, this grant will support an updated Comprehensive Plan that is integrated with our existing Hazard Mitigation Plan; and, WHEREAS, the GLO requires that the and Procedures 7.3 to be formally adopted by Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIITY 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 allow the formal adoption of the City Procurement Policies and Procedures 7.3. 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 30th day of July, - Mayor Roy West - CITY OF BEAUMONT POLICIES AND PROCEDURES MANUAL Policy Number: 7.3 Subject: Purchasing Procedures Effective Date: _ _ Approved by: Kenneth R. Williams / Cheryl Ray / . City Manager / Date Chief Financial Officer / Date I. PURPOSE The purpose of this policy is to define the functions, responsibilities, and inter-departmental relations to the City's procurement practices. A. The policy of the City of Beaumont is to assure good control and coordination of City- wide procurement, reporting capabilities for management, equitable treatment of vendors and service providers, and adherence to Federal, State, and local law applicable to municipal procurement. This policy will be achieved through a centralized purchasing system realizing that there are circumstances where certain procurement activities are better handled within a project organization or a project site, while remaining under appropriate centralized management control through the establishment of agreed upon policies and procedures. B. There are also other circumstances when certain specialized procurement activities may be handled separately by departments other than Purchasing. However, these activities should be under the general policy guidance of this directive unless otherwise exempted. References to Purchasing apply equally as well to special purchasing activities unless otherwise stated. II. OBJECTIVES The policies and procedures are to assist City personnel by defining general and specific management decisions as included in, but not limited to the following: 1. to define procurement authority, activities, and procedures; 2. to clarify inter-departmental responsibilities and relations; 3. to develop improved policies and procedures through ongoing review and update; 4. to assist in supervision; 5. to standardize and communicate approved practices; 6. to promote understanding, cooperation, and a sense of equitable treatment among suppliers; 7.3 Purchasing Procedures Page 1 of 23 7. to assist in training and personnel development; 8. to maintain efficient management practices. III. DEFINITIONS A. Activity Statement - The monthly activity statement is provided to the procurement card user to reconcile transactions. B. Blanket Purchase Order - Refers to an unspecified request for supplies, usually for contracted services and supplies. C. Budget Authorization - The budget is the document through which appropriations for various expenditures are authorized to departments by the City Council. D. City Council Authorization - Any purchase in excess of $50,000 must have Council approval before the goods or services are ordered, except in cases of emergency. In cases of an emergency, (threat to public health on in cases where the Mayor declares a state of emergency) the Council will be advised of the purchase as quickly as possible. E. Commitment Authorization - Refers to those individuals who have been delegated the authority from the City Manager to commit the City for materials, equipment, supplies, and services. F. Competitive Sealed Bids and Proposals - As authorized by the State Purchasing Law, Ch. 252 of the Local Government Code. 1. Competitive Sealed Bids are used in the procurement of goods and services required by the City. Quotations are solicited by issuing notice by mail, facsimile, newspaper advertisement or internet posting. Public notice requirement shall remain consistent with current guidelines listed in Section 252.041 of the Local Government Code. 2. Competitive Sealed Proposals - The competitive sealed proposal procedure, also called a Request for Proposal (RFP), is used in the procurement of high technology acquisitions and other purchases that will obtain the best value. Competitive Sealed Proposals shall specify relative importance of price and other factors, with the award of contract being made to the responsible bidder whose proposal is determined to be most advantageous to the City, taking into consideration all evaluation factors set forth in the Competitive Sealed Proposal. All quotations shall be solicited through the Competitive Sealed Proposal. Public notice for Competitive Sealed Proposals shall be made in the same manner as applicable formal bidding requirements. This section shall not apply to procurement exempted from competitive bidding as defined by State law. G. Contractual Agreement - Refers to any contract for purchase of goods or services. 7.3 Purchasing Procedures Page 2 of 23 H. Federally Debarred and Excluded Parties-Before expending federal and state funds, the debarment status of the vendor must be verified using the Excluded Parties List System (EPLS) https://sam.gov/content/exclusions. (Refer to Federal Debarred and Excluded Parties Policy, Policy 7.12.) I. Formal bids - Written bids are solicited for expenditures of more than $50,000 requiring public notice for a minimum of fourteen (14) days prior to bid opening. J. Informal bids - Written bids for expenditures less than $50,000. Informal bids may be received by facsimile or mail. K. Insurance Requirements - Before any individual or company can enter into a contract for performance of a specified service for the City of Beaumont, proof of commercial specified, must be provided prior to commencement of the work. There shall be no exceptions to this requirement except in a state of emergency. L. Local Bidder Preferences Under Local Government Code, Sections 271.905(a) and contracts competitively bid. (Refer to Local Bidder Preference Policy, Policy 7.14.) M. Procurement Card - The procurement card is used to purchase items needed in the work environment with a value of $500 or less. N. Purchasing - The process through which materials, supplies, and services are obtained for the operation of the organization. O. Purchase Order - The document used to initiate and control purchases. P. Receipt - No Invoice - The receipt of goods or services electronically. Receipt of goods and services is by item only. Q. Requisition Entry - Purchase Requisitions are entered directly into the computer system by an authorized department/division representative. R. Vendor Favoritism - Favorable treatment toward a vendor can mean, for example, improper advance notice of a request for bids, obtaining normally unavailable information, and obtaining normally unavailable information, being allowed to submit bids after a deadline, and obtaining acceptance for substandard goods. IV. RESPONSIBILITIES A. City Council must authorize all purchase of supplies, materials, and goods in excess of $50,000 except in an emergency. B. The Purchasing Manager has responsibility for the procurement of all goods and services, and to either provide the service for such procurement and processing or give functional directions to others delegated the authority to perform such services. 7.3 Purchasing Procedures Page 3 of 23 C. Purchasing has the responsibility for obligating the City and for making the final determination of sources of supply, quantities purchased, delivery schedule, and price negotiations, except where others are so authorized. The decisions will be made in conjunction with operational and staff departments, as appropriate. D. Purchasing is to serve as the exclusive channel through which all requests regarding prices and products are handled. Purchasing will conduct all correspondence with suppliers involving prices or quotations. In cases where technical details are necessary, the using department may correspond with suppliers. In such cases, the Purchasing Staff should be provided with copies of all such correspondence. Close communication and coordination between Purchasing and the using departments is essential in obtaining the best product or service at the lowest cost to the City. E. All negotiations are to be handled by the appropriate Purchasing division personnel within their delegated authority. F. When supplier representatives make personal sales calls to a department without special invitation, they are to be directed to the appropriate Buyer in the Purchasing Division. G. No employee engaging in the purchasing activities shall accept anything of material value from any vendor or potential vendor. Discretion shall be practiced to avoid any perception of the possibility of vendor favoritism or competitive advantage. H. No officer or employee of the City shall have a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies, or services except on behalf of the City as an officer or employee, provided, however, that the provisions of this Section shall only be applicable when the stock owned by the officer or employee exceeds one percent (1%) of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit the office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the governing body of the City shall render the contract voidable by the City Council. (City Charter, Article XVII, Section 9) I. Purchasing is responsible for ensuring competition whenever possible by soliciting at least three (3) price quotations for both informal ($5,000 to $50,000) and formal bids (over $50,000). These quotes must be documented and available to Management unless an exception as defined by Local Government Code, Chapter 252.022 exists. J. Historically Underutilized Business (HUB) - Before an expenditure of more than $3,000 and less than $50,000 can be made, at least two (2) disadvantaged businesses shall be contacted. Businesses must be registered with the City of Beaumont as a Minority Business Enterprise. 7.3 Purchasing Procedures Page 4 of 23 K. The department director or his/her designee must originate all purchases of goods and services with a computer-generated requisition, approved electronically by a designated division manager or department director. L. The Purchasing Manager has responsibility for maintaining a uniform set of procedures and forms to expedite the bidding process. This shall include mechanisms for vendor notification, bid analysis and summary, bidder mailing list applications, competitive invitations, instructions to bidders, policy statement of bid award, sealed bid envelopes, and advertising procedures consistent with Federal, State, and local requirements. M. The City Council or their designee shall have power to reject all bids and advertise again. N. The City Manager or his/her designee shall assure that City improvement contracts exceeding $25,000 be awarded to the lowest, responsible bidder meeting specifications after such public notice and competition as prescribed by State law. Alterations or change orders may be made and approved by the City Manager, provided such alterations or change orders do not increase the cost to the City more than ten percent (10%) of the original amounts. Any single change in excess of $10,000 shall be approved by the City Council. O. The City Manager or his/her designee is responsible to assure that all commitments to a vendor or service provider are stated in writing by purchase order, contract, or letter with appropriate terms, and signed by one of the following: 1. City Manager; 2. Chief Financial Officer; 3. Purchasing Manager or his/her designee. P. Any employee of the City of Beaumont who makes a written or verbal commitment to purchase material, equipment, or services for the City and is not authorized under one of the above categories is subject to disciplinary action, legal action, and personal liability. V. PROCEDURES/RULES A. Requisition Entry - All requisitions are entered directly into the computer system for all goods and services. Sufficient information relative to items, quantity, and price are required. Required fields for completion of requisition are delivery date, name of the requisition entry clerk, reason for purchase, and ship to location. B. First Level Approval - Once the requisition order has been entered, it is forwarded electronically to first level approval for review and authorization. The individual approving this level should be a Department Director or his/her designee, i.e. Division Manager, Supervisor, etc. After approval at first level, the requisition is forwarded to buyer processing unless the expenditure is over $5,000; funding is not available in the account designated 7.3 Purchasing Procedures Page 5 of 23 (there is no budget or account is over budget); the expenditure is in excess of $10,000; or the expenditure will be posted to an account in one of the various grant funds. Should any of these occur, the requisition is forwarded to second level, third level or fourth level approval for review and authorization. ND C. Second Level Approval LEVEL OP or requisitions that are over $5,000. This level should be approved by a Department Director or his/her designee. At NO TIME should the same person, other than a Department Director, approve first and second level. D. Third Level Approval $10,000 or being posted to an account that is over budget at that time or does not have a budget. Only the Chief Financial Officer and other designated Finance staff can approve at this level. Upon approval at first or second level, if a requisition meets this criteria, the Finance Staff will be sent an email notification by the System to alert them that a requisition needs approval. E. Fourth Level Approval grants, such as Fund 231 Miscellaneous Grants, Fund 241 Police Grants, Fund 258 Health Grants, Fund 264 CDBG Grants, etc. Only Chief Financial Officer and other designated Finance staff can approve at this level. Upon approval at first, second, or third level, if a requisition meets the criteria of each, the Grants Staff will be sent an email notification by the System to alert them that a requisition needs approval. F. Buyer Processing - After first level and/or second level, third level, and fourth level approval, as described above, the requisition is sent to Buyer Processing for bid solicitation. G. Purchase Order - The Purchasing Division generates a Purchase Order from the entered requisition. The vendor, after receiving the Purchase Order, ships the goods with a packing or delivery slip. The invoice will be sent directly to the City's Accounts Payable office. H. Blanket Purchase Order - A type of purchase order used by departments that purchase a variety of items on a frequent basis from the same vendor. Blanket orders are to be used primarily for goods or services that are under contract. I. Received-No Invoice - The receiving department acknowledges the receipt of goods electronically by indicating the number of items received. This acknowledgment authorizes the Accounts Payable Division to pay for the items received at the price 7.3 Purchasing Procedures Page 6 of 23 stated on the purchase order. Users must be authorized to the account number stated on the purchase order. J. Procurement Card - The procurement card may be used by departments to purchase items with a value of $500 or less. The procurement card is for business purposes only and may not be used for personal or travel transactions. Cards are issued to individuals for purchases needed in the field. (Refer to specific Procurement Card Procedures, Policy 7.4.) K. - and may not be used for personal transactions. Cards are issued to individuals for purchases needed in the VI. PROCUREMENT WITH FEDERAL AWARDS / FUNDS UNDER FEDERAL PROCUREMENT STANDARDS In order for the City to be in compliance with Federal Procurement Standards under 2 using Federal Awards and/or Funds: A. §200.318 General Procurement Standards 1. The City shall use its own documented procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section. 2. The City shall maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. The City shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, awards and administration of contracts. No employee, officer, or agent of the City must participate in the selection or award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employees or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the City must neither solicit nor accept 7.3 Purchasing Procedures Page 7 of 23 gratuities, favors or anything of monetary value from contractors or parties to subcontracts. However, the City may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. a. If the City has a parent, affiliate or subsidiary organization that is not a State, local government or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. because of relationships with a parent company, affiliate, or subsidiary organization, the City is unable or appears to be unable to be impartial in conducting a procurement action involving a related 4. items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be make of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. 5. To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal government, the City shall consider entering into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. 6. The City shall consider using Federal excess and surplus property in lieu of purchasing new equipment and property wherever such use is feasible and reduces project costs. 7. The City shall consider using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. 8. The City shall award contract only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 7.3 Purchasing Procedures Page 8 of 23 9. The City shall maintain record sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 10. The City may use a time and material type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and material type contract means a contract whose cost to the City is the sum of: a. The actual cost of materials; and b. Direct labor hours charged at fixed hourly rate that reflect wages, general and administrative expenses, and profit. c. Since the formula generates an open-ended contract price, a time and materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contact must set a ceiling price that the contractor exceeds at its own risk. Further, the City awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. 11. The City alone shall be responsible, in accordance with good administrative practice and sound business judgement, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgement for that of the City unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction. B. §200.319 COMPETITION 1. All procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: 7.3 Purchasing Procedures Page 9 of 23 a. Placing unreasonable requirements on firms in order for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest; f. to be offered and describing the performance or other relevant requirements of the procurements, and; g. Any arbitrary action in the procurement process. 2. The City shall conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 3. The City shall adhere to the following procedures for procurement transactions. All solicitations shall: a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use; and b. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and 7.3 Purchasing Procedures Page 10 of 23 c. The City shall identify all requirements which the offerors must fulfill and all other factors to be sued in evaluating bids or proposals. 4. The City shall ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the City shall not preclude potential bidders from qualifying during the solicitation period. C. §200.320 METHODS OF PROCUREMENT TO BE FOLLOWED The City shall use one of the following methods of procurement: 1. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition a of supplies or services, the aggregate dollar amount of which does not exceed $5,000, except as otherwise discussed in the Federal Acquisition Regulations subpart 2.1. To the extent practicable, the City shall distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting quotations if the City considers the price to be reasonable. 2. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold (currently $150,000.00). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualifies sources. 3. Procurement by sealed bids (formal advertising). Bids are publicly solicited, and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (3) (a) of this section apply. a. In order for sealed bidding to be feasible, the following conditions should be present: (1) A complete, adequate, and realistic specification or purchase description is available; (2) Two or more responsible bidders are willing and able to compete effectively for the business; and a Under 2 C.F.R. § 200.320(A), the aggregate dollar amount threshold for micro-purchases for acquisition of supplies ,000.00, so the more restrictive amount is referenced for consistency in the purchasing policy. 7.3 Purchasing Procedures Page 11 of 23 (3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. b. If sealed bids are used, the following requirements apply: (1) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (2) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (3) All bids will be opened at the time and place described in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (4) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (5) Any or all bids may be rejected if there is a sound documented reason. 4. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: a. Requests for proposals shall be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; b. Proposals shall be solicited from an adequate number of qualified sources; 7.3 Purchasing Procedures Page 12 of 23 c. The city shall have a written method for conducting technical evaluations of the proposals received and for selecting recipients. d. Contracts shall be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and e. The City may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other typed of services though A/E firms are a potential source to perform the proposed effort. 5. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: a. The item is available only from a single source; b. The public exigency (not an emergency but requires immediate action) or emergency (threats to health, life or safety) for the requirement will not permit a delay resulting from competitive solicitation. Once the documented exigency or emergency period ends, the City must transition to a full and openly awarded contract; c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the City; or d. After solicitation of a number of sources, competition is determined inadequate. D. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, 1. The City shall take all necessary affirmative steps to assure that minority businesses, 2. Affirmative steps must include: a. enterprises on solicitation lists; 7.3 Purchasing Procedures Page 13 of 23 b. enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, d. Establishing delivery schedules, where the requirement permits, which business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the Minority Business Development Agency of the Department of Commerce (DOC); and f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. E. §200.323 PROCUREMENT OF RECOVERED MATERIALS 1. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors mush comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. F. §200.324 CONTRACT COST AND PRICE 1. The City shall perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the City must make independent estimates before receiving bids or proposals. 7.3 Purchasing Procedures Page 14 of 23 2. The City shall negotiate a profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the performance, and industry profit rates in the surrounding geographical area for similar work. 3. Costs or priced based on estimated costs for contract under the Federal award are allowable only to the extent that costs incurred, or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. 4. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. G. §200.325 FEDERAL AWARDING AGENCY OR PASS-THROUGH ENTITY REVIEW 1. The City shall make available, upon request of the Federal awarding agency or pass- through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. 2. The City shall make available upon request, for the Federal awarding agency or pass- through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bid, or independent cost estimates when: a. procurement standards in this part; b. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; c. The procurement, which is expected to exceed the Simplified Acquisition 7.3 Purchasing Procedures Page 15 of 23 d. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. 3. The City is exempt from the pre-procurement review in paragraph 2 of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards under 2 C.F.R. pt. 200 and this part. a. The City may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis. b. The City may self-certify its procurement system. Such self-certification must not lim- certification procedure, the Federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. H. §200.326 BONDING REQUIREMENTS 1. For construction or facility improvement projects, contracts or subcontracts beneath the Simplified Acquisition Threshold, the City must follow its own bonding policy and requirements. 2. For construction or facility improvement projects, contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the City provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination had not been made, the minimum requirements must be as follows: a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. check, or other negotiable instrument accompanying a bid as assurance that the 7.3 Purchasing Procedures Page 16 of 23 bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for one hundred percent (100%) c. A payment bond on the part of the contractor for one hundred percent (100%) of the contract price. to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. I. §200.327 CONTRACT PROVISIONS 1. s must contain the applicable provisions described in Appendix II to Part 200 Contract Provisions for non-Federal Contracts Under Federal Awards, found at 2 C.F.R. 326. J. §200.328 FINANCIAL REPORTING 1. Unless otherwise approved by OMB, the Federal awarding agency must solicit only the OMB-approved governmentwide data elements for collection of financial information (at time of publication the Federal Financial Report or such future, OMB-approved, governmentwide data elements available from the OMB-designated standards lead. This information must be collected with the frequency required by the terms and conditions of the Federal award, but no less frequently than annually nor more frequently than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes, and preferably in coordination with performance reporting. The Federal awarding agency must use OMB-approved common information collections, as applicable, when providing financial and performance reporting information. K. SUSPENSION AND DEBARMENT 1. The City and its contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and (Nonprocurement Debarment and Suspension). 7.3 Purchasing Procedures Page 17 of 23 2. These regulations restrict awards, subawards and contract with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ I; and Chapter IV, ¶ 6.d and Appendix C, ¶ 2. A contract award must not be made to parties listed in the System for Award Management (SAM) Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.sam.gov. See 2 C.F.R. § before issuing any payment on a contract. 3. In general, an excluded party cannot receive a Federal grant award or a contract subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a covered transaction, which is any non-procurement transaction (unless excepted) at either a primary or secondary tier. Although covered transactions do not include contracts awarded by the Federal Government for purposes of the non-procurement awarded by recipients and subrecipients. Specifically, a covered transaction includes the following contracts for goods or services: a. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000; b. The contract requires the approval of the Federal awarding agency, regardless of the amount; c. The contract is for Federally-required audit services; or d. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of the Federal awarding agency or is in excess of $25,000. 7.3 Purchasing Procedures Page 18 of 23 Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, implementing regulations at 41 CFR part 60 (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5 7.3 Purchasing Procedures Page 19 of 23 Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the -40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3 each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or the requirements of 37 CFR Part 401 and Small Business Firms Under Government Grants, Contracts and Cooperative (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7.3 Purchasing Procedures Page 20 of 23 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. (K) See § 200.216. (L) See § 200.322. § 200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 7.3 Purchasing Procedures Page 21 of 23 § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. § 200.471 Telecommunication costs and video surveillance costs. 7.3 Purchasing Procedures Page 22 of 23 (a) Costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: (b) Obligating or expending covered telecommunications and video surveillance services or equipment or services as described in § 200.216 to: (1) Procure or obtain, extend or renew a contract to procure or obtain; (2) Enter into a contract (or extend or renew a contract) to procure; or (3) Obtain the equipment, services, or systems. \[85 FR 49570, Aug. 13, 2020\] § 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 7.3 Purchasing Procedures Page 23 of 23 H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution of a License to Encroach Agreement located at 860 Magnolia. BACKGROUND Three (3) encroachments into the City's rights of way have been identified at the property located at 860 Magnolia Street, legally known as Tract 13, Plat Y, of the Noah Tevis Survey, Abstract #52. The encroachments are a ramp encroaching 7.64 feet and a section of concrete pavement encroaching 2.09 feet into the Magnolia street right of way; and an awning encroaching 5 feet into the Harrison Street right of way. The request from the owner, Eaux Boys & A Girl, LLC, was submitted to all city departments and utility companies and received no objections. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structures if the sewer mains should ever develop a cavity or due to any repairs to the city mains by City crews or contractor crews hired by the city. The City of Beaumont shall not be responsible for the repair and replacement of the structures or other improvements within the Right-of-Way property. The License Agreement will be filed in the Jefferson County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS License to Encroachment - 860 Magnolia RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Eaux Boys & A Girl, LLC, has requested that the City of Beaumont grant a License to Encroach into a City rights of way, which is described as being a property located at 860 Magnolia Street, legally known as Tract 13, Plat Y, of the Noah Tevis Survey, Abstract #52. The encroachments are: a ramp encroaching 7.64 feet and a section of concrete pavement encroaching 2.09 feet into the Magnolia Street right of way and an awning encroaching 5 feet into the Harrison Street right of way, for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect ; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach with Eaux Boys & A Girl, LLC to encroach into the City rights-of-way which is described as being a property located at 860 Magnolia Street, legally known as Tract 13, Plat Y, of the Noah Tevis Survey, Abstract #52. The encroachments are: a ramp encroaching 7.64 feet and a section of concrete pavement encroaching 2.09 feet into the Magnolia Street right of way and an awning encroaching 5 feet into the Harrison Street right of way, hereto and made apart hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution of a License to Encroach Agreement located at 5535 Calder Avenue. BACKGROUND Fish Camp Properties Beaumont Inc. is the new owner of the property located at 5535 Calder Avenue (formerly Willie Burger and Crown Pizza). The new owner has applied for a building permit to combine the two (2) existing restaurants into one (1) restaurant, Momma Tia’s. Administration recommended the repeal of Resolution No. 11-028 to allow the new owner to apply for a license to encroach that encompasses all improvements to the site. There are three (3) existing structures located at 5535 Calder Avenue encroaching onto a ten feet (10’) utility easement on Lot 3, Block 11, Caldwood Addition. The request was submitted to all city departments and utility companies with no objection. The City Utilities Department and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structures if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the commercial buildings or other structures within the Easement property. Spectrum will not be liable for any damages to its facilities, cables or optical fiber which may be impacted during any construction or maintenance; for any cost to repair damages to its facilities, cables or optical fiber which may be damaged during construction or maintenance; for any cost associated with the repair, construction or replacement of cable in the easement. The property owner will be responsible to move or relocate any facilities located in the utility easement and for any replat. The License Agreement will be filed in the office of the Jefferson County Clerk as permanent record. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS License to Encroach - 5535 Calder Avenue RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Fish Camp Properties Beaumont Inc., has requested that the City of Beaumont grant a License to Encroach into a City right of right-of-way, which is described as being three (3) existing structures located at 5535 Calder Avenue encroaching onto a ten on Lot 3, Block 11, Caldwood Addition, apart hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect ; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach with Fish Camp Properties Beaumont Inc., to encroach into the City right-of-way which is described as being three (3) existing structures located at 5535 Calder Avenue encroaching onto a Addition, as described in Exhibit 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 30th day of July, - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution of a License to Encroach Agreement located at 2165 Sabine Pass. BACKGROUND There is an existing metal building and concrete located at 2165 Sabine Pass encroaching onto a alley in Lot 8, Block 2 of the Flowers Addition. The metal building and concrete encroaches 4.6’ to 14.2’ within the alley. The request from the owner, Samuel Vigil, was submitted to all city departments and utility companies with no objections. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the metal building and concrete if the sewer mains should ever develop a cavity or due to any repairs to the city mains by City crews or contractor crews hired by the city. The City of Beaumont shall not be responsible for the repair and replacement of the metal building or other improvements within the Easement property. The License Agreement will be filed in the Jefferson County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS License to Encroach - 2165 Sabine Pass RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Samuel Vigil has requested that the City of Beaumont grant a License to Encroach into a City right of right-of-way, which is described as being an existing metal building and concrete located at 2165 Sabine Pass en Flowers Additionas WHEREAS, City staff has expended considerable time and effort in investigating the effect ; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach with Samuel Vigil to encroach into the City right-of-way which is described as being an existing metal building and concrete located at 2165 Sabine P the alley, as de 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 30th day of July, - Mayor Roy West - K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution repealing Resolution No. 11-028 of a License to Encroach Agreement located at 5535 Calder Avenue. BACKGROUND On January 18, 2011, the City Council approved Resolution No. 11-028 granting Colburn McClelland a License to Encroach to allow an existing structure overlapping 8.5’ into the ten feet (10’) utility easement at Willie Burger located at 5535 Calder Avenue. Fish Camp Properties Beaumont Inc. is the new owner of the property located at 5535 Calder Avenue, formerly Willie Burger and Crown Pizza. The new owner has applied for a building permit to convert the two (2) existing restaurants into one (1) restaurant, Momma Tia’s. Upon review of the construction and site plan, it has been determined that further improvements were made to the site after the agreement was filed. Therefore, the Administration recommends the repeal of Resolution No. 11-028 to allow the new owner to apply for a new license to encroach. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Resolution No 11-028 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 18, 2011, City Council approved Resolution No. 11-028 granting Colburn McClelland a License to Encroach to allow an existing structure overlapping tility easement at Willie Burger located at 5535 Calder Avenue; and, WHEREAS, Fish Camp Properties Beaumont Inc., is the newer owner of the property located at 5535 Calder Avenue formerly Willie Burger and Crown Pizza, and has applied for a building permit to convert the two (2) existing restaurants into one (1) restaurant, Momma Ti; and, WHEREAS, upon review of the construction and site plan, it has been determined that further improvements were made to the site after the License to Encroach was filed; and, WHEREAS, administration recommends the repeal of Resolution No. 11-028 to allow Fish Camp Properties Beaumont Inc., to apply for a new License to Encroach; 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 repeal Resolution No. 11-028 of a License to Encroach Agreement located at 5535 Calder Avenue, and allow the new owners Fish Camp Properties Beaumont Inc., a License to Encroach. 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 30th day of July, - Mayor Roy West - L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution approving the six (6) month contract to supply asphaltic concrete for use by the City. BACKGROUND The Public Works Department purchases approximately seven hundred fifty (750) tons of asphaltic concrete for various projects. The initial term of the contract is for six (6) months. At the end of the initial term, the City may renew the contract for two (2) additional six (6) month terms at the prices quoted. One hundred fifty (150) vendors were notified via email as well as advertising on the City web page and in the local newspaper. One (1) bid was submitted. Texas Materials Group dba Gulf Coast, who holds the current contract, responded with the only qualified bid of $92,000.00. This is approximately a five percent (5%) decrease in price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were received for a six (6) month contract, with the option of two (2) renewals of six (6) months at the same pricing as the awarded contract, to supply asphaltic concrete for use by the City; and, WHEREAS, Texas Materials Group dba Gulf Coast, of Cedar Park, Texas, submitted a bid in the estimated annual amount of $92,000.00 WHEREAS, City Council is of the opinion that the bid submitted by, Texas Materials Group dba Gulf Coast, of Cedar Park, Texas, is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Texas Materials Group dba Gulf Coast, of Cedar Park, Texas for a six (6) month contract, with the option of two (2) renewals of six (6) months at the same pricing as the awarded contract, to supply asphaltic concrete for use by the City in the estimated annual amount of $92,000.00 of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contact with Texas Materials Group dba Gulf Coast, of Cedar Park, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West - $92,000.00 DF0624-25 - Page 1 wĻƭƦƚƓƭĻ ƚƷğƌ City of Beaumont, Texas eBidsBrenda Dean, Procurement Coodinatorbrenda.dean@beaumonttexas.gov(409) 880-3720(409) 880-3747 wĻƭƦƚƓƭĻ {ǒĬƒźƷƷĻķ 7/18/2024 10:36:21 AM (CT) TX {ƷğƷĻ DF0624-25Six (6) Month Contract for Road Materials - Asphaltic ConcreteThe City of Beaumont is requesting bids for a six (6) month contract to supply asphaltic concrete to be used by the City.6/27/2024 11:08:49 AM (CT)7/18/2024 02:00:00 PM (CT)/źƷǤ Beaumont 9ǝĻƓƷ bǒƒĬĻƩ9ǝĻƓƷ źƷƌĻ9ǝĻƓƷ 5ĻƭĭƩźƦƷźƚƓLƭƭǒĻ 5ğƷĻ/ƌƚƭĻ 5ğƷĻwĻƭƦƚƓķźƓŭ {ǒƦƦƌźĻƩ Texas Materials Group, Inc., dba Gulf Coast tƌĻğƭĻ ƓƚƷĻʹ \[źƓĻƭ wĻƭƦƚƓķĻķ ğƓķ wĻƭƦƚƓƭĻ ƚƷğƌ ƚƓƌǤ źƓĭƌǒķĻƭ ƩĻƭƦƚƓƭĻƭ Ʒƚ ƭƦĻĭźŅźĭğƷźƚƓ͵ bƚ ğƌƷĻƩƓğƷĻ ƩĻƭƦƚƓƭĻ ķğƷğ źƭ źƓĭƌǒķĻķ͵ M TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution creating and appointing members to Parks, Recreation, and Open Space Master Plan Steering Committee. BACKGROUND In keeping with the City’s Strategic Plan to make Beaumont a special place to live, complete with leisure opportunities for all ages City staff is proposing the creation of the Parks, Recreation, and Open Space Master Plan Steering Committee. The purpose of the Committe is to act as the community’s voice and sounding board by serving to represent and confirm the collective desires of the community in relation to the development of the Parks, Recreation, and Open Space Master Plan for Beaumont. Their insights, perspectives, and local knowledge will ensure that their decision align with the needs and desires of the Beaumont residents. Councilman Durio appoints Janey Polar and Charles Paul. Councilman Samuel appoints Wilmeretta Lowe and Ladonna Sherwood-Haile. Councilman Getz appoints Gary Richardson and Clark Baker. Councilman Neild appoints Vivian Todd and John Neil. Councilman Feldschau appoints Mike Deluna and Katherine Campbell. Mayor Pro Tem Turner appoints Tyrone Cormier and Yolanda Nan Avery. Mayor West appoints Ashley Richard and Jeanette Rideau. The term for each shall begin on July 30, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Parks, Recreation, and Open Space Master Plan Steering Committee be established and the following appointments be made: AppointmentCommissionBeginning ofExpiration of TermTerm Janey PolarParks, Recreation, 07/30/202409/30/2026 and Open Space Master Plan Steering Committee Charles PaulParks, Recreation, 07/30/202409/30/2026 and Open Space Master Plan Steering Committee Wilmeretta LoweParks, Recreation, 07/30/202409/30/2026 and Open Space Master Plan Steering Committee Ladonna Sherwood-Parks, Recreation, 07/30/202409/30/2026 Haileand Open Space Master Plan Steering Committee Gary RichardsonParks, Recreation, 07/30/202409/30/2026 and Open Space Master Plan Steering Committee Clark BakerParks, Recreation, 07/30/202409/30/2026 and Open Space Master Plan Steering Committee Parks, Recreation, Vivian Toddand Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, John Neiland Open Space 07/30/2024/30/2026 Master Plan Steering Committee Parks, Recreation, Mike Delunaand Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, Katherine Campbelland Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, Tyrone Cormierand Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, Yolanda Nan Averyand Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, Ashley Richardand Open Space 07/30/202409/30/2026 Master Plan Steering Committee Parks, Recreation, Jeanette Rideau07/30/2024 and Open Space 09/30/2026 Master Plan Steering Committee 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 30th day of July, - Mayor Roy West - N TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of a street sweeper tracking software from a company in Canada to be used by the Streets and Drainage division. BACKGROUND The advanced fleet management solution will enhance the safety, efficiency, and longevity of our city’s vehicles. This system includes collision avoidance technology, 360-degree video monitoring, and real-time footage to prevent accidents and monitor driver behavior. This will also help avoid fraudulent claims and limit our liability with video evidence. It also features real- time vehicle tracking, route planning, and GIS integration to optimize routes and improve operational efficiency. With advanced telematics, we can measure road quality, helping prioritize road repair and maintenance and avoid poor road conditions, ultimately extending the lifespan of our fleet. This comprehensive approach will ensure our fleet operates safely and efficiently, benefiting our city's transportation infrastructure. The cost for the first year is $59,726.68, covering hardware, software as a service, project management, and implementation. The cost for year two will be $13,622.76. Pricing was obtained through BuyBoard, where contracts and vendors have been competitively procured. This ensures compliance with Texas local and state procurement requirements and provides a documented audit trail for members. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of a street sweeper tracking software from a company in Canada through BuyBoard in the amount of $73,349.44 to be used by the Streets and Drainage Division. 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 30th day of July, - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:July 30, 2024 REQUESTED ACTION:Conduct an election for Mayor Pro Tempore BACKGROUND Councilmember Turner was elected to Mayor Pro Tempore on July 25, 2023, and his term began on July 27, 2023. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one year term." The Mayor Pro Tempore shall preform the duties of the Mayor in the case of he absence or inability of the Mayor to preform the duties of the office, and if a vacancy occurs, shall become Mayor for the unexpired term. FUNDING SOURCE Not applicable. RECOMMENDATION Conduct an election. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT ____________________ is elected Mayor Pro Tempore for a one (1) year term; beginning on July 30, 2024. 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 30th day of July, - Mayor Roy West - 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:July 30, 2024 REQUESTED ACTION:Council to consider confirming the appointment of a new Police Chief. BACKGROUND On January 5, 2024, Chief James Singletary announced his retirement from the Beaumont Police Department (BPD) after over fifty years of law enforcement service. On February 6, 2024, a Work Session was held to provide the Council with an overview of the hiring process for the Police Chief vacancy. The City contracted with Affion Public, LLC to conduct a national search for viable candidates. On July 10, 2024, appointed members of the Community Interview Panel conducted public interviews with the top four candidates, and the city hosted a candidate meet and greet for the public. On July 11, 2024, Executive staff interviewed the top four candidates. On July 12, 2024, the City Manager submitted a candidate to the Council for confirmation pursuant to Section 143.013 of the Local Government Code. The candidate was not confirmed, and the Council expressed their desire to hire from within the department. With new direction, the focus for the next Police Chief was centered on internal candidates. Tim Ocnaschek is a long-time resident of Beaumont and has thirty-eight years of enforcement experience. Tim Ocnaschek is currently the Administrative Division Commander for BPD. He has served as a member of the BPD's Command staff for eight years and as the Emergency Management Coordinator for the City for the last seventeen years. Tim Ocnaschek is a retired United States Air Force Veteran. He holds a Master of Public Administration (4.0 GPA) from Midwestern State and a Bachelor of Applied Arts and Science (Magna Cum Laude), in Criminal Justice from Lamar University. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment by the City Manager of Tim Ocnaschek as Police Chief for the City of Beaumont be and the same is hereby confirmed. 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 30th day of July, - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Tanksco, Inc., of Fort Worth, TX, for the Prison Ground Storage Tank Rehabilitation Project. BACKGROUND On January 23, 2024, by Resolution No. 24-020, City Council awarded a contract to Tanksco, Inc., of Fort Worth, TX, in the amount of $577,058.00, for the Prison Ground Storage Tank Rehabilitation Project. Previous Change Order No. 1 in the amount of $336.00 is attached for your review. Proposed Change Order No. 2, in the amount of ($15,243.00), 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 final contract amount will be $562,151.00. The project has been inspected by Schaumburg & Polk, Inc., and found to be complete in accordance with the provisions and terms set out in the contract. The Water Utilities Staff agrees and recommends acceptance of Change Order No. 2, maintenance, and final payment in the amount of $20,751.70. FUNDING SOURCE Water Revenue Bonds RECOMMENDATION Approval of the resolution. ATTACHMENTS Prison GST C_O2_Final Pay Estimate 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2024, by Resolution 24-020, City Council awarded a contract to Tanksco, Inc., of Fort Worth, Texas, in the amount of $577,058.00, for the Prison Ground Storage Tank Rehabilitation Project; and, WHEREAS, previous Change Order No. 1, in the amount of $336.00, increased the contract amount to $577,394.00; and, WHEREAS, proposed Change Order No. 2, in the amount of ($15,243.00), 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 final contract amount will be $562,151.00; and, WHEREAS, the project has been inspected by Schaumburg & Polk, Inc., 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 accept maintenance and make final payment to Tanksco, Inc., of Fort Worth, Texas, in the amount of $20,751.70 for the Prison Ground Storage Tank Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the Prison Ground Storage Tank Rehabilitation Project be and the same is hereby accepted; and, 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 30th day of July, - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #002.003 WU1024-04 - Prison Ground Storage Tank Rehabilitation, Range Rd, Beaumont, TX 77705 USA Monday, Jul 08, 2024 Change Order DetailsGrand Total: ($15,243.00) DescriptionQuantity adjustment - FINAL Division33 - Utilities Scope of WorkTo rehabilitate the 2.67 MG steel ground water storage tank located at the prison site. Awarded toSaul Bocanegra (Tanksco, Inc), 29542 Created BySaul Bocanegra (Tanksco, Inc) Create DateJun 20, 2024 11:08 AM CST Reason CodeQuantity Adjustment Days Changed0 Additional Info Line Item TypeUnit price Group3.0 Construction Dates Created OnJun 20, 2024 Aug 15, 2024 Org. Sub. Completion Capital Planning Capital PlanningConstruction - Prison GST Rehabilitation Capital Project Fiscal Year2024 Accounting Item Id573 PO Number442746 Summary Original Contract Sum577,058.00 Net Cost by Previous Approved Change Order336.00 Contract Sum Before This Change Order577,394.00 Contract Sum Changed By This Change Order-15,243.00 New Contract Sum 562,151.00 Substantial Completion DateAug 15, 2024 Net Time Change By Previous Change Order0 day(s) Substantial Completion Before This Change OrderAug 15, 2024 Time Changed By This Change Order0 day(s) New Substantial Completion DateAug 15, 2024 All Change Orders of the Original Contract-2.5832758578860357191131567400% Line Items ItemAccountWBS/DescriptionQuantityUoMUnitTotal #CodeSectionPriceAmount Contract Items Total-15,243.00 ItemAccountWBS/DescriptionQuantityUoMUnitTotal #CodeSectionPriceAmount 00633Pressure Washing and Blasting if-1.00LS5,000.00-5,000.00 Soluble Test is Positive 00733Disinfection-1.00LS2,500.00-2,500.00 01633Erosion Control-534.00SY14.50-7,743.00 Total-15,243.00 Approval (Approved) User / RoleStatusComments Saul Bocanegra (External-GC)Approved Jun 21, 2024 09:44 AM CST Jeff Beaver (External-Engineer)Approved Jun 25, 2024 07:00 AM CST John Pippins (Project Manager)Approved Jun 25, 2024 07:24 AM CST Bart BartkowiakApproved Jul 03, 2024 05:05 PM CST Dara Woodruff (Admin)Approved Jul 08, 2024 02:32 PM CST CITYOFBEAUMONT.PROJECTMATES.COM Change Order #002.001 WU1024-04 - Prison Ground Storage Tank Rehabilitation, Range Rd, Beaumont, TX 77705 USA Wednesday, May 29, 2024 Change Order DetailsGrand Total: $336.00 Description2" plugs are corroded and need to be replaced with new ones. Division33 - Utilities Scope of WorkTo rehabilitate the 2.67 MG steel ground water storage tank located at the prison site. NotesChange order price: $336.00 Awarded toSaul Bocanegra (Tanksco, Inc), 29542 Created BySaul Bocanegra (Tanksco, Inc) Create DateApr 04, 2024 11:12 AM CST Reason CodeCode Compliance Days Changed0 AttachmentsCHO #1.pdf Corroded plugs image.jpg Additional Info Line Item TypeUnit price Group3.0 Construction Dates Created OnApr 04, 2024 Org. Sub. CompletionAug 15, 2024 Capital Planning Capital PlanningConstruction - Prison GST Rehabilitation Capital Project Fiscal2024 Year Accounting Item Id541 PO Number442746 Summary Original Contract Sum577,058.00 Net Cost by Previous Approved Change Order0.00 Contract Sum Before This Change Order577,058.00 Contract Sum Changed By This Change Order336.00 New Contract Sum577,394.00 Substantial Completion DateAug 15, 2024 Net Time Change By Previous Change Order0 day(s) Substantial Completion Before This ChangeAug 15, 2024 Order Time Changed By This Change Order0 day(s) New Substantial Completion DateAug 15, 2024 All Change Orders of the Original Contract 0.0582263827899448582291554700% Line Items ItemAccountWBS/DescriptionQuantityUoMUnitTotal #CodeSectionPriceAmount Contract Items 001002413Change Order4.0084.00336.00 1 Total336.00 Approval (Approved) User / RoleStatusComments Saul Bocanegra (External-GC)Approved Apr 22, 2024 12:29 PM CST Jeff Beaver (External-Engineer)Approved May 22, 2024 10:05 AM CST John Pippins (Project Manager)Approved May 22, 2024 10:13 AM CST User / RoleStatusComments Amalia "Molly" Villarreal (City Engineer)Approved May 22, 2024 03:39 PM CST Bart Bartkowiak (Director)Approved May 22, 2024 03:54 PM CST Dara Woodruff (Admin)Approved May 22, 2024 04:16 PM CST June Ellis (Assistant City Manager)Approved May 22, 2024 05:29 PM CST Tina Broussard (City Clerk)Approved May 23, 2024 08:57 AM CST CITYOFBEAUMONT.PROJECTMATES.COM Invoice #002.004 - Final for Invoices/Pay Apps WU1024-04 - Prison Ground Storage Tank Rehabilitation, Range Rd, Beaumont, TX 77705 USA Wednesday, Jul 10, 2024 Invoice DetailsAmount Due: 20,751.70 ContractContract - 002 Construction Contract Invoice # 002.004 - Final DescriptionTanksco, Inc - Construction Contract Invoice DateJul 08, 2024 Pay PeriodMay 16, 2024 to Jul 16, 2024 Final InvoiceYes ($7,743.00) Grand Total Saul Bocanegra 29542 (Tanksco, Inc) Payment To Saul Bocanegra (Tanksco, Inc) Created By Create DateJul 08, 2024 02:33 PM CST 1168 Invoice ID Retainage Work Completed %5.00 Materials Stored %5.00 Line Items ItemAccountWBS/DescriptionContractPreviousQuantityUoMUnitWorkMaterialsTotal #CodeSectionTotalPaymentsPriceCompletedStoredAmount (WC)(MS) 2" plugs are corroded and need to be replaced with 001002413Change Order4.00 @336.000.0084.000.000.00336.00 184.00 = 336.00 Grand Total562,151.00 ItemAccountWBS/DescriptionContractPreviousQuantityUoMUnitWorkMaterialsTotal #CodeSectionTotalPaymentsPriceCompletedStoredAmount (WC)(MS) Contract Items 00133Mobilization1.00 @15,000.000.00LS15,000.000.000.0015,000.00 15,000.00 = 15,000.00 00233Tank Coating1.00 @435,000.000.00LS435,000.000.000.00435,000.00 435,000.00 = 435,000.00 00333Soluble Salt3.00 @4,500.000.00EA1,500.000.000.004,500.00 Test, Exterior1,500.00 = 4,500.00 00433Pressure1.00 @5,000.000.00LS5,000.000.000.005,000.00 Washing and5,000.00 = Blasting if5,000.00 Soluble Test is Positive 00533Soluble Salt3.00 @4,500.000.00EA1,500.000.000.004,500.00 Test, Interior1,500.00 = 4,500.00 00633Pressure1.00 @0.000.00LS5,000.005,000.000.005,000.00 Washing and5,000.00 = Blasting if5,000.00 Soluble Test is Positive 00733Disinfection1.00 @0.000.00LS2,500.002,500.000.002,500.00 2,500.00 = 2,500.00 00833Foundation1.00 @7,000.000.00LS7,000.000.000.007,000.00 Paint and Re-7,000.00 = sealing7,000.00 00933New Steel275.00 @49,500.000.00LF180.000.000.0049,500.00 Handrail180.00 = 49,500.00 01033Remove and1.00 @1,200.000.00LS1,200.000.000.001,200.00 Replace1,200.00 = Interior Ladder1,200.00 Section 01133Repair Roof1.00 @300.000.00LS300.000.000.00300.00 300.00 = 300.00 Grand Total562,151.00 ItemAccountWBS/DescriptionContractPreviousQuantityUoMUnitWorkMaterialsTotal #CodeSectionTotalPaymentsPriceCompletedStoredAmount (WC)(MS) 01233Safety Climb1.00 @1,200.000.00LS1,200.000.000.001,200.00 System1,200.00 = 1,200.00 Supports 01333Suction Line1.00 @32,000.000.00EA32,000.000.000.0032,000.00 Gate Valve32,000.00 = 32,000.00 01433Tank Sump1.00 @3,600.000.00EA3,600.000.000.003,600.00 Gate Valve3,600.00 = 3,600.00 01533New Camlock1.00 @2,000.000.00EA2,000.000.000.002,000.00 2,000.00 = 2,000.00 Erosion604.00 @ 016338,758.000.00SY14.500.000.008,758.00 Control14.50 = 8,758.00 Quantity adjustment - FINAL - Contract Items 00633Pressure-1.00 @0.000.00LS5,000.00-5,000.000.00-5,000.00 Washing and5,000.00 = Blasting if-5,000.00 Soluble Test is Positive 00733Disinfection-1.00 @0.000.00LS2,500.00-2,500.000.00-2,500.00 2,500.00 = -2,500.00 01633Erosion-534.00 @0.000.00SY14.50-7,743.000.00-7,743.00 Control14.50 = -7,743.00 Grand Total562,151.00 Summary 1. Contract Sum + Amendments577,058.00 2. New Change by Change Request-14,907.00 3. Contract Sum To Date (Line 1 + Line 2)562,151.00 4. Total Completed & Stored To Date562,151.00 5. Retainage 5a. 5.00% of Completed Work (Column I on Continuation Sheet)0.00 5b. 5.00% of Stored Material (Column J on Continuation Sheet)0.00 Total Retainage (5a + 5b)0.00 6. Total Earned Less Total Retainage562,151.00 7. Less Previous Certificates for Payment541,399.30 8. Current Amount Due 20,751.70 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item TypeUnit price Group3.0 Construction Accounting and Status Capital Funding SourceDesign - Prison GST Rehabilitation Capital Project Fiscal Year2024 442746 PO Number Approval (Approved) User / RoleStatusComments Jeff Beaver (External-Engineer)Approved Jul 10, 2024 10:20 AM CST John Pippins (Project Manager)Approved Jul 10, 2024 10:38 AM CST Approved Amalia "Molly" Villarreal (City Engineer) Jul 10, 2024 01:51 PM CST Bart Bartkowiak (Director)Approved Jul 10, 2024 02:03 PM CST Dara Woodruff (Admin)Approved Jul 10, 2024 08:46 PM CST 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the Street Rehabilitation City Wide – Phase IV Project. BACKGROUND On November 9, 2021, by Resolution No. 21-304, City Council awarded a contract to LD Construction, of Beaumont, in the amount of $5,188,661.94, for the Street Rehabilitation City Wide – Phase IV Project. Change Order No. 1 to LD Construction, in the amount of $311.74, was approved on July 7, 2022, resulting in an increase to the original contract making the new contract amount $5,188,973.68. Effective December 2, 2022, LD Construction and PTSS Investments officially became part of the Texas Materials Group, a family of four companies which operate as part of CRH Company. Going forward, all products and services began operating under the Gulf Coast brand. Gulf Coast has submitted all paperwork and documentation required for them to contractually take on the responsibility of the remaining work for this project. Previous Change Order No. 1 to Gulf Coast, with no dollar amount, is attached for your review. Proposed Final Change Order No. 2, in the amount of ($463,357.40), is needed 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 $4,725,616.28. 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 Final Change Order No. 2, maintenance, and final payment in the amount of $138,740.42 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Change Order No. 2 - Street Rehabilitation City Wide – Phase IV RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 9, 2021, by Resolution 21-304, City Council awarded a contract to LD Construction, of Beaumont, Texas, in the amount of $5,188,661.94, for the Street Rehabilitation City Wide Phase IV Project; and, WHEREAS, previous Change Order No. 1, in the amount of $311.74, increased the contract amount to $5,188,973.68; and, WHEREAS, effective December 2, 2022, LD Construction and PTSS Investments officially became part of the Texas Materials Group, a family of four (4) companies which operate as part of CRH Company, as Gulf Coast; and, WHEREAS, previous Change Order No. 1 to Gulf Coast, with no dollar amount, did not increase or decrease to contract amount; and, WHEREAS, proposed final Change Order No. 2, in the amount of ($463,357.40), is needed to adjust the estimated quantities in the contrast 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 $4,725,616.28; 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 accept maintenance and make final payment to Gulf Coast, a CRH Company, of Houston, Texas, in the amount of $138,740.42 for the Street Rehabilitation City Wide Phase IV Project; and, BE IT FURTHER RESOLVED THAT the Street Rehabilitation City Wide Phase IV Project be and the same is hereby accepted; and, 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 30th day of July, - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 30, 2024 REQUESTED ACTION:Council consider proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances. BACKGROUND Staff requests to amend Section 28.04.008(b)(19)(D) of the City’s Code of Ordinances to reduce the requirement of 24-hour supervision to residential care uses. At this time, Section 28.04.008(b)(19)(D) states, “A facility must provide twenty-four (24) hour on-site supervision of its residents or clients.” While some residential care uses may necessitate supervision, it should be noted that some residential care uses do not. The requirement of supervision may impede the process of operations or even terminate feasibility of a project for needed community services due to cost and other necessary resources. Staff is recommending the following amendment that will allow the Director to examine the necessity of 24-hour supervision as it relates to the use and criminal history of a property rather than it being a requirement for all uses categorized as residential care. (D) A facility must may be required by the Community Development Director to provide twenty-four hour on-site supervision of its residents or clients on the basis of its necessity or history of criminal activity associated with the proposed location.” At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Section 28.04.008 of the City of Beaumont Code of Ordinances ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.04.008(b)(19)(D) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances be and the same is hereby amended by amending the requirement of 24-hour on-site supervision to residential care uses as follows: Sec. 28.04.008(b)(19) (D) A facility may be required by the Community Development Director to provide twenty- four (24) hour on-site supervision of its residents or clients on the basis of its necessity or history of criminal activity associated with the proposed location. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.04.008(b)(19)(D) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances be and the same is hereby amended by amending the requirement of 24-hour on-site supervision to residential care uses as follows: Sec. 28.04.008(b)(19) (D) A facility may be required by the Community Development Director to provide twenty- four (24) hour on-site supervision of its residents or clients on the basis of its necessity or history of criminal activity associated with the proposed location. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of July, - Mayor Roy West -