Loading...
HomeMy WebLinkAbout10/01/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 01, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-7 (or any other topic). 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 September 17, 2024, City Council meeting minutes. B. Council to consider a resolution approving annual maintenance from a vendor for network security hardware used by all city departments. C.Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. D. Council consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the police department. E.Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the Southeast Texas Regional Planning Commission (SETRPC) related to emergency notifications enrollment by 311. F.Council consider a resolution approving the sale of City-owned property located behind 2275 Rusk Street, Beaumont. G.Council consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 4” inert gas pipeline. H.Council consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 2” fiber optic cable. I.Approve a resolution for a service agreement for special water/sewer rates with Jefferson County. J.Council consider a resolution approving a six (6) month contract for the purchase of aluminum sulfate for use by the Water Utilities Department. K.Council consider a resolution authorizing the City Manger to approve a Management Agreement with the Beaumont Botanical Gardens, Inc. for the Beaumont Botanical Gardens located at 6088 Babe Zaharias Drive. L.Council consider a resolution appointing a member to the Community Development Advisory Committee. REGULAR AGENDA 1.Council consider a resolution authorizing the City Manager to execute and submit the Intent to Apply with the Texas Water Development Board (TWDB). 2. Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to TRP Construction Group, LLC., for the Citywide Pavement Markings Phase III Project. 3. Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. 4. Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX for the N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract. 5. Council to consider an ordinance denying Texas Gas Service Company proposed rates. PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments on the City of Beaumont‘s Application for the FY2024 Pathways to Removing Obstacles to Housing (PRO Housing) Grant WORK SESSION Council to Discuss The Lower Neches Valley Authority (LNVA) Agreement along with the bill for water used during the drought. REGULAR AGENDA 6.Council consider a resolution authorizing the City Manager to execute an updated Water Supply Agreement and Mutual Release between the City of Beaumont and the Lower Neches Valley Authority (LNVA), providing updates to the current five (5) year term agreement which secures an uninterrupted surface water supply for the City of Beaumont. 7.Council consider a resolution authorizing payment of Lower Neches Valley Authority (LNVA) Invoice #3049, for the 2023 water release fee. COUNCIL COMMENTS EXECUTIVE SESSION Consider Matters Related to Contemplated or Pending Litigation in Accordance with Section 551.071 of the Government Code: Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 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:October 1, 2024 REQUESTED ACTION:Council to consider approving the September 17, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - September 17, 2024. MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIISEPTEMBER 17, 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 September 17, 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 items 1- 10. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend James Pevehouse with St. Mark’s Episcopal 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 Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “ National Sepsis Awareness Month” – September 2024 – Accepting; Jamie Wright, RN Christus Heath, Southeast Texas along with other staff members “Breast and Ovarian Cancer Awareness Month” – September and October 2024 – Accepting; Norma Sampson, Executive Director and Regina Rogers Founder of Julie Rogers Gift of Life “National Neonatal Nurses Week” – September 14-20, 2024 – Accepting; Lacey Goodman, Christus Health Southeast Texas “SETX Veteran Stand Down Day” – September 20, 2024 – Accepting; Bonnie Spotts with SETX Veterans and others Minutes – September 17, 2024 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Brenda Beadle11135 Cole Dr.Beaumont TX Tootsie Crutchfield5965 HoneysuckleBeaumont TX Daniel Campise2095 Dowlen Rd.Beaumont TX Jeff Nesom1307 WallBeaumont TX Albert Harrison1240 AshleyBeaumont TX Charlie Crabbe928 East Dr.Beaumont TX Lexie Williams9645 Mapes St.Beaumont TX Frances Bowman5415 Concord Rd.Beaumont TX William Johnson1045 Madison Ave.Beaumont TX Addie Allen9695 GrossBeaumont TX Don Dodd795 Willow Beaumont TX Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. 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 September 3, 2024, City Council meeting minutes. Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED PUBLIC HEARING Council to conduct a Joint Public Hearing on the Proposed FY 2025 Budget and the Proposed FY 2025 Capital Program. Minutes – September 17, 2024 Public Hearing Open: 2:29 p.m. None Public Hearing Close: 2:29 p.m. PUBLIC HEARING Council to conduct a Public Hearing on the 2024 (FY 2025) Proposed Tax Rate. Public Hearing Open: 2:30 p.m. None Public Hearing Close: 2:30 p.m. REGULAR AGENDA 1.Deliberation and possible action to consider an Ordinance adopting a budget for operating the municipal government of the City of Beaumont for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025; adopting a Master Fee Schedule; appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirement on all indebtedness; repealing all ordinances and appropriations in conflict with the provisions of the ordinance; and establishing an effective date. In accordance with the Texas Local Government Code and the City Charter, the City Council shall adopt an annual budget. At the conclusion of the public hearing on the budget, the governing body of the municipality shall take action on the proposed budget. A vote to adopt the budget must be a record vote. Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. The City of Beaumont’s proposed budget for Fiscal Year 2025 was filed with the City Clerk and submitted to Council on August 16, 2024. The City Manager presented the proposed budget to the City Council on August 20, 2024. A revised copy of the proposed budget was submitted to the City Council on September 11, 2024. The City Council is required to hold a public hearing on the budget, that will be held today, September 17, 2024. In accordance with the City's Fiscal Year 2025 budget calendar for the adoption of the City's budget, and to comply with the Texas Local Government Code requirements, the adoption of the budget is scheduled for September 17, 2024. Staff has prepared the proposed budget that has been submitted to the City Council. This proposed budget will fund the municipal operations of the City for the 2025 Fiscal Year. The proposed budget includes the Master Fee Schedule for the 2025 Fiscal Year and the City's Personnel Pay Plan. Approval of the ordinance. Minutes – September 17, 2024 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR OPERATING THE MUNICIPAL GOVERNMENT OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING ON SEPTEMBER 1, 2025; ADOPTING THE CAPITAL IMPROVEMENT PROGRAM; ADOPTING AND AMENDING APPENDIX A OF THE CODE OF ORDINANCES ENTITLED FEE SCHEDULE; ADOPTING THE EMPLOYEE COMPENSATION PLANS, APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH BUDGET INCLUDING APPROPRIATIONS OF MONEY TO PAY INTEREST AND PRINCIPAL SINKING FUND REQUIREMENTS ON ALL INDEBTEDNESS; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. After discussion Councilmember Getz made a motion to approve the budget excluding the 2% COL for all employees as well as any new positions being filed until after the Fire Labor Agreement negotiations are completed. Councilmember Neild seconded the motion. After further discussion Councilmember Getz amended his motion that the budget be approved excluding all employees that receive a salary over $100,000.00 per year After additional discussion Councilmember Samuel asked that the Mayor call for the vote. Councilmember Samuel motioned to approve the budget as written. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:MAYOR PRO TEM NEILD, COUNCILMEMBER FELDSCHAU RECORD VOTE: ADOPTION OF THE FY 2025 BUDGET MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – NOCOUNCILMEMBER FELDSCHAU - NO COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES MOTION PASSED ORDINANCE 24-054 2.Council to consider a resolution adopting the FY 2025 Capital Program. Article VI, Section 20 of the City Charter states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code." The capital program was originally submitted to the City Council on May 23, 2024. A revised copy of the Capital Program was submitted to the City Council on September 11, 2024. Approval of the resolution. Minutes – September 17, 2024 Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO ADOPT THE 2025 CAPITAL PROGRAM. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:MAYOR PRO TEM NEILD MOTION PASSED RESOLUTION 24-224 3.Council to consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2024 (FY 2025). The Jefferson County Appraisal District submitted the Certified Appraisal Roll on July 22, 2024, in the amount of $10,987,681,470. Based on this taxable value, a property tax rate of $0.659663/$100 valuation for the tax year 2024 (FY2025) is proposed, which is $2.18 cents less than the current tax rate. The tax rate would be apportioned $0.487643/$100 valuation to the General Fund and $0.172020/$100 valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.4% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8." Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING, AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2024 (FY 2025); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE RECORD VOTE: $0.659663 CENTS PER $100 VALUATION OF PROPERTY TAX RATE MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES Minutes – September 17, 2024 COUNCILMEMBER GETZ – YES RECORD VOTE: $0.487643 CENTS PER $100 VALUATION OF MAINTENANCE AND OPERATIONS MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES RECORD VOTE: $0.721020 CENTS PER $100 VALUATION OF DEBT SERVICE FUND MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – NOCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES MOTION PASSED ORDINANCE 24-055 4.Council to consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2025 Budget. Section 102.007 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $.681485 per $100 assessed valuation will decrease by $2.18 cents for a new tax rate of $.659663 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $1,709,080 more than FY2024. Of this amount, $533,647 is attributable to new property added to the tax roll this year. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2025 BUDGET. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE RECORD VOTE: NEW PROPERTY TAX RATE OF $0.659663 PER $100 OF ASSESSED VALUATION MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES Minutes – September 17, 2024 COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES MOTION PASSED ORDINANCE 24-056 5.Council to consider an ordinance amending the FY 2024 budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1.The Employee Benefits Fund has a proposed budget amendment for transfers into the fund in the amount of $5,760,000 ($4,860,000 million from the General Fund, $300,000 from the Solid Waste Fund, and $600,000 from the Water & Sewer Fund) to offset increased expenses. Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by $1,610,000 due to high health claims. A budget amendment in the amount $2,000,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Employee Benefits Original BudgetProposed AmendmentAmended FundBudget Total Revenues$28,645,000$850,000$29,495,000 Total Expenditures$30,244,700$2,000,000$32,244,700 2.The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $345,000 from the General Fund is being proposed to cover additional legal costs for FY 2024. The General Liability Fund was budgeted to exceed budgeted expenditures by $207,000. A budget amendment in the amount $345,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability FundOriginal BudgetProposed AmendmentAmended Budget Total Revenues$1,530,000$345,000$1,875,000 3.Transfers in the amount of $1,195,000 are being proposed in the General Fund. As mentioned in item 2, a $345,000 transfer to the General Liability Fund is being recommended and $850,000 to the Employee Benefits Fund as mentioned in item 1 to help fund costs and build a greater fund balance for the FY25 Budget. General FundOriginal BudgetProposed AmendmentAmended Budget Total Expenditures$163,599,054$1,195,000$164,794,054 Minutes – September 17, 2024 Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2024 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS FUND, GENERAL LIABILITY FUND AND GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING A REPEAL. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-057 6.Council to consider a resolution approving the write off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by the City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions before November 2022 which were sent to the collection agency and efforts have been unsuccessful for over one year. A summary by receivable type is shown below. EMS Ambulance Charges - $242,302.84. These charges for ambulance transport include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2022. Litter - $1,045.00 The original charge date is from 2021. Weed Abatement Charges - $83,710.74 The original charge dates range from 2020 to 2022. Total to be written off - $327,058.58. If an account becomes collectible after being written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated, and payments shall be applied to that balance. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES, AS AN INTERNAL ACCOUNTING PROCEDURE, THE WRITE-OFF OF THE FOLLOWING DELINQUENT ACCOUNTS TOTALING $327,058.58 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00 AND THAT THESE DEBTS ARE NOT BEING EXTINGUISHED OR FORGIVEN AND IF, AT ANY TIME, AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF, THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE Minutes – September 17, 2024 REINSTATED AND PAYMENTS SHALL BE APPLIES TO THAT BALANCE. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-225 C OUNCILMEMBER S AMUEL LEFT THE MEETING AT 3:37 P.M. AND RETURNED AT 3:40 P.M. 7.Council to consider a resolution approving the write-off of uncollectible water accounts totaling $91,829.01 for which each individual account exceeds $1,000. This request is in accordance with the City’s current write-off policy approved by the City Council on December 21, 1999. The policy gives the Council the final authority to write off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April 2022 through March 2023. A customer with a written-off account will not be able to obtain new water service with the city until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES, THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE WATER ACCOUNTS TOTALING $69,635.13 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00 AND IF AT ANY TIME, AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF, THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND PAYMENTS SHALL BE APPLIED TO THAT BALANCE.Councilmember Getz seconded the motion. After further discussion Councilmember Getz made a motion to approve the resolution excluding four (4) business entities, Beaumont Housing Authority, Knife River, Lucite International and Best Western Hotel and allow the City’s Legal Department to pursue collections on the outstanding balances. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED Minutes – September 17, 2024 RESOLUTION 24-226 C OUNCILMEMBER T URNER LEFT THE MEETING AT 3:51 P.M. 8.Council to consider granting a new solid waste transportation service agreement. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Eight (8) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Live Oak Environmental has requested that the City Council grant the company such a franchise agreement. Live Oak Environmental serves Southeast Texas, Northeast Texas, and Northwest Louisiana with its corporate office located at 4804 Hazel Jones Road, Bossier City, LA 71111. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City’s website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIVE OAK ENVIRONMENTAL. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-058 9.Council to consider a resolution authorizing the City Manager to execute Change Order No. 8, to accept maintenance, and authorize final payment to King Solutions Services, LLC, TX, for the Pipe Bursting Work Order Contract – Phase III. On June 2, 2020, by Resolution 20-113, the City Council awarded the Pipe Bursting Work Order Contract – Phase III to King Solutions Services, LLC, of Houston, Texas, in the amount of $1,833,508.00. Minutes – September 17, 2024 There were previous Change Orders Nos. 1-7, in the amount of $278,187.52. Proposed Change Order No. 8, in the amount of ($114,592.22), is required to add a bid item for removal and repair of a metal fence (including concrete base) due to the field location of a manhole, to adjust the estimated quantities in the contract to reflect the actual quantities used, and to add 202 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $1,997,103.30. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $118,100.86 is recommended. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 8 IN THE AMOUNT OF ($114,592.22), THEREBY MAKING THE FINAL CONTRACT AMOUNT TO BE $1,997,103.30, FOR THE PIPE BURSTING WORK ORDER CONTRACT-PHASE III, AND THAT TWO HUNDRED (200) CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-227 C OUNCILMEMBER TURNER RETURNED TO THE MEETING AT 3:54 P.M. 10.Council to consider a resolution authorizing the City Manager to submit an application for the PRO Housing (Pathways to Removing Obstacles) Grant through the United States Department of Housing and Urban Development (HUD). HUD issued a second PRO Housing notice of funding opportunity under the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-12242, approved March 9, 2024) (Appropriations Act), which appropriates nationally $100 million dollars of competitive grant funding for the identification and removal of barriers to affordable housing production and preservation. Congress has directed HUD to undertake a competition using the Community Development Block Grant (CDBG) statutory and regulatory framework. Under this funding opportunity, HUD will provide PRO Housing grants to identify and remove barriers to affordable housing production and preservation. Grantees may use awards for sustainable actions to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation. Minutes – September 17, 2024 Eligible applicants are State and local governments, metropolitan planning organizations (MPOs), and multijurisdictional entities. Applications are due HUD by October 15, 2024. The application must be available for public comment for fifteen (15) days prior to submittal. If awarded, this will be administered by the Community Services Manager in the CDBG Division within the Planning & Community Development Department. We anticipate applying for the maximum award amount of $7,000,000. No local match is required. Funds will come from the United Stated Department of Housing and Urban Development. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION FOR THE PRO HOUSING (PATHWAYS TO REMOVING OBSTACLES) GRANT THROUGH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN AN AMOUNT NOT THE EXCEED $7,000,000.00. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-228 PUBLIC HEARING Council to conduct a Public Hearing to receive comments on the 2023 Consolidated Annual Performance and Evaluation Report (CAPER). Public Hearing Open: 3:56 p.m. None Public Hearing Close: 3:56 p.m. WORK SESSION Downtown Proactive Code Enforcement Update. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code to wit; specifically: Claim of Wesley Coleman and Night Strike Ministries, Inc. Minutes – September 17, 2024 Beaumont Professional Firefighters Local 399 Negotiation Grievance Open Session of the meeting adjourned at 4:26 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – September 17, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 1, 2024 REQUESTED ACTION:Council to consider a resolution approving annual maintenance from a vendor for network security hardware used by all city departments. BACKGROUND The network security hardware is deployed across all city departments, providing critical security infrastructure and multi-factor authentication for employee systems. The purchase, totaling $77,813, covers maintenance for the year beginning November 23, 2024. The pricing was secured through the State of Texas Department of Information Resources (DIR), which offers cities and other governmental entities the ability to acquire information technology products and services at negotiated volume rates in accordance with state procurement laws. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution is recommended. 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 for network security hardware that is utilized by all City Departments, through the State of Texas Department of Information Resources, in the amount of $77,813.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Waukesha-Pearce Industries, LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.039 acre tract situated in the John A. Veatch Survey, Abstract No. 55. The easement will serve a new building located at 1315 West Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ATTACHMENTS Water Line Easement - 1315 W Cardinal Drive RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Waukesha-Pearce Industries, LLC, has agreed to convey a ten () foot wide Exclusive Water Line Easement to the City of Beaumont, said easement being a 0.039-acre tract situated in the John A. Veatch Survey, Abstract No. 55 hereto, to the City of Beaumont for a new building located at 1315 West Cardinal Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT said above-described easement conveyed from Waukesha-Pearce Industries, LLC, Inc., be and the same is hereby, in all things, accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the police department. BACKGROUND Lexipol is a resource service that provides a law-enforcement policy service, online training, and accreditation support. They supply fully developed, state-specific policies which are based on nationwide standards and best practices. These policies are vetted by attorneys, and where appropriate, incorporate state and federal laws and regulations. Assistance is then provided in tailoring and implementing new policies, and updates are supplied on a regular basis. Lexipol’s learning platform combines online training with features that manage credentials, and track and report training hours. This training enhances license compliance, while reducing officer down time. Lexipol also offers assistance in achieving compliance with accreditation standards. Their policy management and training components also support accreditation. All of this leads to reduced insurance premiums and risk. This one year contract consists of three modules: 1. Policy subscription, 2. Policy implementation, and 3. Training for officers and 911/Communications. FUNDING SOURCE Police FY25 Contract Services, confiscated goods, and TCOLE grant funds RECOMMENDATION Approval of the resolution ATTACHMENTS Contract and Master Service Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be and are hereby authorized to enter into a service agreement with Lexipol, LLC, of Frisco, Texas, in the amount of $111,663.00, for resource services for use in the Police Department. 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 1st day of October, - Mayor Roy West - 011822-LXP Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Lexipol, LLC, 2611 Internet Blvd., Suite 100, Frisco, TX 75034 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. into this Contract. Rev. 3/2021 1 011822-LXP All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated to by the Participating Entities in advance, Equipment or Products must be delivered as operat This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use and distributors must agree to assist the Participating Entity in reaching a resolution in any ll be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or Products, and Services offered under this Contract, which will be incorporated into this onsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price When providing pricing quotes to Participating Entities, all pricing quoted must reflect a of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating En Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 3/2021 2 011822-LXP time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; Provide sufficient detail to justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 3/2021 3 011822-LXP Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. cts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating le convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity Rev. 3/2021 4 011822-LXP payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Maintenance and management of this Contract; Timely response to all Sourcewell and Participating Entity inquiries; and Rev. 3/2021 5 011822-LXP Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address; Participating Entity City; Participating Entity State/Province; Participating Entity Zip/Postal Code; Participating Entity Contact Name; Participating Entity Contact Email Address; Participating Entity Contact Telephone Number; Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description; Item Purchased Price; Sourcewell Administrative Fee Applied; and Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should Rev. 3/2021 6 011822-LXP Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 7 011822-LXP E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and vertising and promotional materials for the 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents Rev. 3/2021 8 011822-LXP advertising and promotional materials for the pur to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 9 011822-LXP 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 011822-LXP The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: Exercise any remedy provided by law or equity, or Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or with coverage and limits of insurance not less than the following: 1. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11 011822-LXP no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to under this Contract. Minimum Limits: $2,000,000 per claim or event 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims wh security resulting in, but not limited to, computer attacks, unauthorized access, but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev. 3/2021 12 011822-LXP Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including general liability insurance policy with respect to li Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev. 3/2021 13 011822-LXP Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all The following list only applies when a Partic Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in Federal Contract Compliance Programs, Equal herein by reference. B. 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 C.F.R. § 5, 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 Rev. 3/2021 14 011822-LXP ontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants 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. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. 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 C.F.R. § 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. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award 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, Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative s issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require 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. § 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). Rev. 3/2021 15 011822-LXP Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 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. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have 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. Suppliers must 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev. 3/2021 16 011822-LXP this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). 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 C.F.R. § 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. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev. 3/2021 17 011822-LXP R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Lexipol, LLC By: __________________________ By: __________________________ Jeremy Schwartz Van Holland Title: Chief Procurement Officer Title: Chief Financial Officer Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ Rev. 3/2021 18 Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Bid Number: RFP 011822Vendor Name: Lexipol, LLC Exhibit B Terms and Conditions of Service ent. Lexipol and Agency may each be PP 1.Definitions. Each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections, below. 1.1 means the department, agency, office, organization, company, or other entity purchasing and/or subscribing to Lexipol Services, as may be further denoted on the cover sheet to which these Terms are attached. 1.2 means all data, information, and content owned by Agency prior to the Effective Date, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming departmental information, or which are ancillary to receipt of Lexipol Services. 1.3 means the combination of . 1.4 means the date specified on the cover sheet (signature page), or as otherwise expressly 1.5 means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 means all content in any format including but not limited to written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services. 1.7 means all products and services, including but not limited to all software subscriptions, content licensing, professional services, and ancillary support services as may be offered by Lexipol and/or its affiliates from time to time. 2.Term; Renewal, with an Effective Date as indicated on the cover page. This Agreement shall renew in successive one- on the anniversary of the Effective Date unless terminated as set forth herein. The Initial Term and all Renewal Terms collectively 3.Termination. 3.1For Convenience; Non-Appropriation. This Agreement may be terminated by Agency at any time for 1 convenience (including due to lack of appropriation of funds) by providing written notice to Lexipol. 3.2For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.3Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, the Services ordered pursuant to Exhibit A herein shall cease unless Lexipol has, in its sole discretion, provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations. 1 Note: fees paid for Online Services (as defined herein) convenience as Online Services are delivered in full as of the Effective Date. Fees pre-paid for Professional Services may be eligible for offset to the extent such Services have not been delivered by Lexipol to Agency. Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 1 4.Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to the commencement of each Renewal Term, ifapplicable. Agency agrees to remit payment within thirty (30) calendar days ofreceipt of or by mailing a check to Lexipol at 2611 Internet Blvd, Ste. 100, Frisco, TX 75034 (Attn: Accounts Receivable). Agency is responsible for all third-party fees (e.g., wire fees, bank fees, credit card processing fees) incurred when paying electronically, and such fees are in addition to those listed on Exhibit A. Lexipol reserves the right to increase fees for Renewal Terms following notice to Agency. All fee amounts stated in Exhibit A are exclusive of taxes. Unless Services. If Agency is exempt, it must send its exemption certificate(s) to taxes@lexipol.com. 5.Terms of Service. The following provisions govern access to and use of specific Lexipol Services: 5.1Online Services. online services offered by Lexipol and its partners, affiliates, Policy 2 , Cordico wellness application(s), GrantFinder, and Virtual Instructor-Led Training (collectively, 5.2Professional Services certain paid Services that are not part of Services and which require the professional expertise of Lexipol personnel and/or contractors, including 3 implementation support for policy manuals, technical support for online learning, accreditation consulting, grant writing, and Professional Services may - 5.3Intellectual Property. , and the Lexipol Content underlying such Services, are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. Online Services, Agency and its personnel receive a personal, limited, non-sublicensable and non-assignable license to access and use such Services in conformity with these Terms. Nothing contained in this Agreement, and no course of dealing, shall be construed as Lexipol 4 final policies, including beyond the expiration or termination of this Agreement, but Agency may not create other Derivative Works, share Lexipol Content with third parties, or commercialize Lexipol Content in any way. As used herein, other include any work product based on or which incorporates Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, is recast, transformed, or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update the Lexipol Content used by Agency beyond the Term of this Agreement and that Lexipol e of Derivative Works. 5.4Account Security, transfer, or provide access to Lexipol Services to any third party . Agency is responsible for y will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used a 5.5Agency Data. regular course of business, and complying with valid legal obligations. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through Lexipol or the Services is 100% secure. 2 LMS Services include, but are not limited to: PoliceOne Academy, FireRescue1 Academy, EMS1 Academy, Corrections1 Academy, and LocalGovU. 3 Agency is responsible for submitting all and always at least five (5) days prior to each grant application submission date. Agency is responsible submissions of final grant applications by grant deadlines. Failure to timely submit required materials will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service. 4 NOTE: AGENCY ACKNOWLEDGES AND AGREES THAT, PRIOR TO USE OR FINAL PUBLICATION BY AGENCY, ALL AGENCY POLICIES AND DAILY TRAINING BULLETINS (DTBs) HAVE BEEN INDIVIDUALLY REVIEWED AND ADOPTED BY AGENCY. AGENCY ACKNOWLEDGES AND AGREES THAT IT, AND NOT LEXIPOL, WILL Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 2 Confidentiality. Each Party may disclose information to the other Party that would be reasonably considered confidential, Party will: (a) limit disclosure of any such Confidential Information to authorized representatives; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing Party . Each Party may disclose Confidential Information pursuant to a validgovernmental, judicial, or administrative order, subpoena, regulatory request, or equivalent, provided that the disclosing Partypromptly notifies, to the extent practicable, the other Party prior to such disclosure so that the other party may seek to make suchdisclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Warranty. LEXIPOL WARRANTS THAT ITS SERVICES SHALL NOT INFRINGE THE RIGHTS OR INTELLECTUAL PROPERTY OF OTHERS, ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS, AND THAT THEY SHALL BE FIT FOR THE SPECIFIC PURPOSES SET FORTH HEREIN. NOTWITHSTANDING THE FOREGOING, -. Indemnification; Limitation of Liability. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely acts or omissions in providing the Services. cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the aggregate amount of fees paid by Agency to Lexipol during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall either Party be liable for indirect, incidental, consequential, special, exemplary damages, or lost profits. General Terms. 9.1Entire Agreement. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received, without further action. No amendment, modification, or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties. 9.2General Interpretation. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof. 9.3Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should 9.4Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 9.5Assignment. This Agreement may not be assigned by either party without the prior written consent of the ition, or consolidation without additional notice or consent. 9.6Waiver of this Agreement shall not constitute a waiver of such right or remedy. 9.7Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party. Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 3 E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the Southeast Texas Regional Planning Commission (SETRPC) related to emergency notifications enrollment by 311. BACKGROUND This is for the renewal of an agreement between the Southeast Texas Regional Planning Commission (SETRPC) and the City of Beaumont that allows Beaumont’s 311 division to handle regional emergency notification registration calls. Beaumont will receive $1.60 per registered non-Beaumont caller, with calls including emails and voicemails. Beaumont 311 personnel will manage calls and emails, and during off-hours, the system will prompt callers to leave information for follow-up. Beaumont will handle all regional data input into the Mass Notification Vendor system or forward it to SETRPC for input if necessary. The agreement will be active from September 1, 2024, to August 31, 2025, with two renewal options extending through August 31, 2027. RECOMMENDATION Approval of the resolution. ATTACHMENTS SC.Beaumont Call Center Interlocal Agreement 9-18-24 Final.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding (MOU) between the City of Beaumont and the Southeast Texas Regional Planning Commission (SETRPC) for 311 to facilitate regional registration for emergency notifications which are currently provided by SETRPC. The Interlocal Agreement is substantially in the form attached hereto as Exhibit A, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - Emergency Alert Registration Interlocal Agreement This Agreement is entered into between the Southeast Texas Regional Planning Commission (referred to herein as "SETRPC") and the City of Beaumont (referred to herein as "Beaumont"). WHEREAS Beaumont currently has the infrastructure in place to handle the call-taking process for regional emergency notification registration; and WHEREAS Beaumont agrees to receive calls within the SETRPC Mass Notification Vendor contract, which includes incorporated and unincorporated areas in Hardin, Jasper, Jefferson, and Orange Counties; and WHEREAS Beaumont will receive $1.60 per registered non-Beaumont address caller. Emails and voicemails will be classified as "calls" for the purpose of billing; and WHEREAS SETRPC will supply the number of inputs each month, provided by the Mass Notifications Vendor, for billing purposes to Beaumont; and WHEREAS Beaumont will facilitate Mass Notification Vendor system inputs and will process the billing invoice to SETRPC for all non-Beaumont calls on a monthly basis; and WHEREAS SETRPC is expected to remit payment within 30 days. In the event of a disaster that disrupts normal business operations, SETRPC will process payment to the City of Beaumont within 30 days of WHEREAS, to receive calls and emails, Beaumont will use personnel from the Beaumont 311 division; and WHEREAS during off-hours, the phone system will prompt callers to leave appropriate information for callbacks on the next duty day; and WHEREAS SETRPC will explore contracting with a commercial call center to assist in the event of an emergency, such as the recent TPC event, which would result in an abnormally large number of after- hours calls; and WHEREAS phone messages or calls to the STAN toll-free number will be auto-forwarded from SETRPC to 409-654-3620; and WHEREAS Beaumont will input registration requests via direct phone communication, email, and phone messages. Beaumont 311 staff will conduct any follow-up questions if required data is missing; and stnd President Wayne McDaniel, Hardin County 1 VP Johnny Trahan, Orange County 2 VP Mark Allen, Jasper County rdthth 3 VP Glenn Johnson, Port Neches 4 VP Kimberly Cline, Lumberton | 5 VP Amanda Gates, Kirbyville Treasurer Cathy Nagel, Pine Forest | Secretary Cary Erickson, Jefferson County Executive Director Shanna Burke 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 (409) 347-0138 fax setrpc@setrpc.org https://www.setrpc.org WHEREAS in anticipation of an approaching hazard, such as a hurricane, Beaumont understands that the call volume is likely to increase; and WHEREAS Beaumont requests a one-week notice of any pre-planned emergency registration outreach messages and expects immediate notification upon discovering an incident or threat that will likely encourage significant registration by any jurisdiction within the regional contract; and WHEREAS Beaumont will not accept handwritten data solicited by other jurisdictions; and WHEREAS Beaumont agrees to input regional registration data into the Mass Notification Vendor system if appropriate authorities permit or will forward the import via email to designated SETRPC EM staff for input as necessary, and these registrations will still be billable by Beaumont; and WHEREAS notification from SETRPC to Beaumont will be via email and/or phone call to the Beaumont Office of Emergency Management, requesting that the call center be upstaffed by any method Beaumont deems appropriate and that any registration information currently in the queue be urgently inputted into the Mass Notification Vendor system; and WHEREAS protocols will be required from SETRPC for designating geocoding for registrants who have a city address but are located in an unincorporated area of a county under the SETRPC contract. Registrants who do not wish to provide an address will, at a minimum, be required to provide a jurisdiction ("Site") location to be uploaded; and WHEREAS either party can amend this agreement by mutual consent; and WHEREAS either party can cancel the agreement with or without cause by providing 60-days written notice. NOW, THEREFORE, this agreement will be active for a period not to exceed one year from the date of execution, with two one-year options to renew as follows: - Initial Agreement September 1, 2024, to August 31, 2025 - Option 1 September 1, 2025, to August 31, 2026 - Option 2 September 1, 2026, to August 31, 2027 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise related to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as of the last date signed below. ____________________________________________ _______________________ Shanna Burke, Executive Director Date South East Texas Regional Planning Commission ____________________________________________ ________________________ Kenneth R. Williams, City Manager Date City of Beaumont Ћ September 18, 2024 TO:SETRPC Executive Committee FROM:Stephen L. Curran, Director, Criminal Justice & Homeland Security Division RE:A Resolution Authorizing the Emergency Alert Registration Interlocal Agreement between the South East Texas Regional Planning Commission and the City of Beaumont Action Item The Criminal Justice and Homeland Security Division (CJHS) is renewing the “Emergency Alerting Network Emergency Alert Registration Interlocal Agreement” between the South East Texas Regional Planning Commission and the City of Beaumont. The agreement has been in effect for several years and is critical to making the Southeast Texas Alerting Network (STAN) successful. The agreement has two changes, which first includes Jasper County, second uses language that says Mass Notification Vendor instead of a specific vendors name who are subject to change from time to time. The agreement allows for two one-year options to renew and shifts the renewal date to coincide with fiscal year changes running from October 1 of each year to September 30 of each year. CJHS is requesting approval for Shanna Burke, SETRPC Executive Director, to execute the “Emergency Alert Registration Interlocal Agreement”. stnd President – Wayne McDaniel, Hardin County 1 VP – Johnny Trahan, Orange County 2 VP – Mark Allen, Jasper County rdthth 3 – Glenn Johnson, Port Neches 4 VP – Kimberly Cline, Lumberton | 5 VP – Amanda Gates, Kirbyville Treasurer – Cathy Nagel, Pine Forest | Secretary – Cary Erickson, Jefferson County Executive Director – Shanna Burke 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 (409) 347-0138 fax setrpc@setrpc.org https://www.setrpc.org F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution approving the sale of City-owned property located behind 2275 Rusk Street, Beaumont. BACKGROUND One hundred (100) potential bidders were notified via email as well as advertising on the City web page and in the local newspaper. A minimum bid of four thousand two hundred fifty dollars ($4,250) was required. One response was received from Juan Candelaria of Beaumont in the amount of five thousand dollars ($5,000). See bid tabulation attached. Description of the property as stated by the Jefferson County Appraisal District: Property ID: 79751 Legal: South 93.7 feet of Lot 9 and Lot 10, Block 27, Parkdale Addition Zoning: RMH, RM-H Residential Multiple-Family Dwelling-Highest Density District. Acreage: 0.2135 Acre Tract. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. WHEREAS, bids were solicited for the sale of City-owned property identified as South 93.7 feet of Lot 9 and Lot 10, Block 27, Parkdale Addition, 0.2135 acre-tract of land, located behind 2275 Rusk Street, Beaumont, Texas; and, WHEREAS, a minimum bid of four thousand two hundred fifty dollars ($4,250.00) was required; and, WHEREAS, one response was received from Juan Candelaria of Beaumont, Texas in the amount of five thousand dollars ($5,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be, and he is hereby, authorized to allow the sale of City-owned property identified as South 93.7 feet of Lot 9 and Lot 10, Block 27, Parkdale Addition, 0.2135 acre-tract of land, located behind 2275 Rusk Street, Beaumont, Texas to Juan Candelaria of Beaumont, Texas in the amount of five thousand dollars ($5,000.00). The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - 9ǝĻƓƷ bǒƒĬĻƩ DF0824-30City of Beaumont, Texas eBids 9ǝĻƓƷ źƷƌĻ Sale of City-Owned Property Located Behind 2275 Rusk StreetPurchasing 9ǝĻƓƷ 5ĻƭĭƩźƦƷźƚƓ The City of Beaumont is requesting bids for the sale of City-owned Dwayne Oxner property located behind 2275 Rusk Street, Beaumont, Texas 77701.dwayne.oxner@beaumonttexas.gov (409) 880-3175 LƭƭǒĻ 5ğƷĻ 8/29/2024 11:18:50 AM (CT) /ƌƚƭĻ 5ğƷĻ 9/19/2024 02:00:00 PM (CT) wĻƭƦƚƓķźƓŭ {ǒƦƦƌźĻƩ/źƷǤ{ƷğƷĻwĻƭƦƚƓƭĻ ƚƷğƌ wĻƭƦƚƓƭĻ {ǒĬƒźƷƷĻķ Juan Antonio CandelariaBeaumontTX$5,000.00 9/18/2024 11:11:11 AM (CT) tƌĻğƭĻ ƓƚƷĻʹ \[źƓĻƭ wĻƭƦƚƓķĻķ ğƓķ wĻƭƦƚƓƭĻ ƚƷğƌ ƚƓƌǤ źƓĭƌǒķĻƭ ƩĻƭƦƚƓƭĻƭ Ʒƚ ƭƦĻĭźŅźĭğƷźƚƓ͵ bƚ ğƌƷĻƩƓğƷĻ ƩĻƭƦƚƓƭĻ ķğƷğ źƭ źƓĭƌǒķĻķ͵ DF0824-30 - Page 1 G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 4” inert gas pipeline. BACKGROUND Golden Triangle Storage, LLC has requested permission to install a 4” steel casing pipeline to transport inert gas. The 4” pipeline will cross a 20” water line near US 93, a 12” and 20” sanitary sewer line near Hillebrant Road, and a 12” water line and a 16” sanitary sewer line near Hebert Road per the details and specifications within their permit application. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for the Utility Crossing Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Golden Triangle Storage LLC - 4" Inert Gas Pipeline H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 2” fiber optic cable. BACKGROUND Golden Triangle Storage, LLC has requested permission to install a 2” fiber optic cable within a 4” steel casing pipeline to transport inert gas. The 2” fiber optic cable will cross a 20” water line near US 93, a 12” and 20” sanitary sewer line near Hillebrant Road, and a 12” water line and a sanitary sewer line near Hebert Road per the details and specifications within their permit application. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for the Utility Crossing Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Golden Triangle Storage LLC - 2 IN Optic Cable 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 grant a Utility Crossing Agreement to Golden Triangle Storage, LLC, substantially in the form attached hereto as Exhibit ,two (2) fiber optic cable within a 4 steel casing pipeline, which is intended to transport inert gas. This 2 fiber optic cable will cross a 20 water line near US 93, a 12 and 20 sanitary sewer line near Hillebrant Road, and a 12 water line and a 16 sanitary sewer line near Hebert Road. Said pipeline is to be constructed in compliance with City requirements. There is a one-time fee of $500.00 for each Pipeline License Agreement; 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, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Utility Crossing Agreement to Golden Triangle Storage, LLC, substantially in the ,two (2) fiber optic cable within a 4 pipeline, which is intended to transport inert gas. This 2 will cross a 20 water line near US 93, a 12 and 20 sanitary sewer line near Hillebrant Road, and a 12 water line and a 16 sanitary sewer line near Hebert Road. Said pipeline is to be constructed in compliance with City requirements. There is a one-time fee of $500.00 for each Pipeline License Agreement. 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 1st day of October, - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:October 1, 2024 REQUESTED ACTION:Approve a resolution for a service agreement for special water/sewer rates with Jefferson County. BACKGROUND On July 2, 2024, Council met and discussed the special water/sewer rates that are charged to certain customers and gave approval for a resolution that allowed the City Manager to execute all documents necessary to terminate agreements with water customers that provide for special rates. Due to certain agreements the City has in place with the County that provide for reduced rates to the City, the County wishes to enter into a service agreement with the City that provides for paying the in-City rates for their water service that is located outside of the City. Therefore, the City has prepared a service agreement with a term of 5 years and no restrictions. 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 City Manager be and he is hereby authorized to execute a water service Agreement between the City of Beaumont and Jefferson County for the Jefferson County Jail Facility located at 5030 U.S. 69. The water service Agreement is for a five (5) year term and is substantially in the form attached hereto as Exhibit A, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution approving a six (6) month contract for the purchase of aluminum sulfate for use by the Water Utilities Department. BACKGROUND Aluminum Sulfate is used to clarify and purify the City’s water supply. The Water Utilities Department expects to purchase approximately two thousand (2,000) dry tons during the term of the contract. The contract shall be in effect for a period of six (6) months. At the end of the initial term, the City may renew the contract for two (2) additional six (6) month periods at the price quoted. One hundred forty-five (145) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Six (6) bids were submitted. H&E USA Chemicals of Houston, Texas responded with the lowest qualified bid of $490,000. This is approximately a 13% decrease in the price from the previous bid submission. FUNDING SOURCE Water Utilities Fund RECOMMENDATION Approval of the resolution ATTACHMENTS Bid tabulation for Aluminum Sulfate 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, for the purchase of aluminum sulfate for use by the Water Utilities Department; and, WHEREAS, H&E USA Chemicals, of Houston, Texas, submitted a bid in the estimated annual amount of $490,000.00 WHEREAS, City Council is of the opinion that the bid submitted by H&E USA Chemicals, of Houston, 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 H&E USA Chemicals, of Houston, 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, for the purchase of aluminum sulfate for use by the Water Utilities Department in the estimated annual amount of $490,000.00, as shown on by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contact with H&E USA Chemicals, of Houston, 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 1st day of October, - Mayor Roy West - 9ǝĻƓƷ bǒƒĬĻƩ DF0824-29City of Beaumont, Texas eBids 9ǝĻƓƷ źƷƌĻ Six (6) Month Contract for Water Treatment Chemicals - Aluminum SulfatePurchasing Dwayne Oxner 9ǝĻƓƷ 5ĻƭĭƩźƦƷźƚƓ The City of Beaumont is requesting bids for a six (6) month contract dwayne.oxner@beaumonttexas.gov (409) 880-3175 LƭƭǒĻ 5ğƷĻ 8/29/2024 10:59:11 AM (CT) /ƌƚƭĻ 5ğƷĻ 9/19/2024 02:00:00 PM (CT) wĻƭƦƚƓķźƓŭ {ǒƦƦƌźĻƩ/źƷǤ{ƷğƷĻwĻƭƦƚƓƭĻ ƚƷğƌ wĻƭƦƚƓƭĻ {ǒĬƒźƷƷĻķ H&E USA ChemicalsHoustonTX9/19/2024 11:43:09 AM (CT)$490,000.00 USALCO, LLCBaltimoreMD9/18/2024 01:43:31 PM (CT)$640,000.00 TR International Trading Co.EdmondsWA9/18/2024 01:54:15 PM (CT)$720,000.00 Univar Solutions USA Inc.KentWA$748,000.00 9/16/2024 07:35:18 AM (CT) SOUTHERN IONICS INC.West PointMS9/13/2024 10:36:36 AM (CT)$880,000.00 Chemtrade Chemicals LLC USParsippanyNJ9/17/2024 11:49:39 AM (CT)$1,042,000.00 tƌĻğƭĻ ƓƚƷĻʹ \[źƓĻƭ wĻƭƦƚƓķĻķ ğƓķ wĻƭƦƚƓƭĻ ƚƷğƌ ƚƓƌǤ źƓĭƌǒķĻƭ ƩĻƭƦƚƓƭĻƭ Ʒƚ ƭƦĻĭźŅźĭğƷźƚƓ͵ bƚ ğƌƷĻƩƓğƷĻ ƩĻƭƦƚƓƭĻ ķğƷğ źƭ źƓĭƌǒķĻķ͵ DF0824-29 - Page 1 K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:June Ellis, Assistant City Manager, Operations MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manger to approve a Management Agreement with the Beaumont Botanical Gardens, Inc. for the Beaumont Botanical Gardens located at 6088 Babe Zaharias Drive. BACKGROUND The Beaumont Botanical Gardens, Inc., formerly the Beaumont Council of Garden Clubs, has occupied the Botanical Gardens since 1971. A formal agreement has been in place since 1999. The last agreement was a three-year agreement that expired in August 2024. The Botanical Gardens facilities are owned by the City of Beaumont. The agreement that recently expired, and will continue under this new agreement, included a management agreement with the City to utilize the properties and manage the facilities as a botanical garden, including the Garden Center Building, Maintenance Shop Building, Warren Loose Conservatory, Binks Horticultural Center, and other smaller properties and areas. The agreement states that the Beaumont Botanical Gardens, Inc. shall use and occupy the leased premises as a botanical garden for the education and promotion of horticultural activities and related purposes. This new management agreement defines the obligations and responsibilities of the Beaumont Botanical Gardens, Inc. and the City of Beaumont. This item is to consider approving a new management agreement for a one (1) year term. The City of Beaumont will pay the Beaumont Botanical Gardens, Inc. $1,500 per month for the duration of this agreement, totaling $18,000. Prior to the end of the agreement, the City will reconsider the funding amount and term of a new agreement with the Beaumont Botanical Gardens, Inc. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Management Agreement between the City of Beaumont and Beaumont Botanical Gardens, Inc., for the Beaumont Botanical Gardens located at 6088 Babe Zaharias Drive. The Management Agreement is for a one (1) year term and is substantially in the form attached hereto as Exhibit A, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - MANAGEMENT AGREEMENT THE STATE OF TEXAS§ COUNTY OF JEFFERSON§ WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City," and the Beaumont Botanical Gardens, Inc., an independent not-for-profit 501 (c)(3) domiciled in Jefferson County, Texas, hereinafter referred to as "BBG," and collectively as Partyor Partiesand “” “”; WHEREAS, the Parties recognize the mutual benefit to BBG and City derived from the existence of the Botanical Gardens, the Warren Loose Conservatory, Binks Horticultural Center, Garden Center Building, Maintenance Building and amenities located on the grounds of Tyrrell Park, and WHEREAS, to that end, City and BBG agree as follows: WITNESSETH: Article I. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to BBG and the performance by BBG of the covenants and agreement hereinafter contained to be performed by the BBG, and in accordance with all of the provisions hereinafter set forth, City does hereby lease and let unto BBG, and BBG does hereby take and lease from City, the following described real property, and premises (the "Leased Premises"): That certain land more fully described in Exhibit "A" attached hereto and made a part hereof by this reference, hereinafter called the "Land," and the BBG, Garden Center Building, Maintenance Shop Building, Warren Loose Conservatory, Binks Horticultural Center, parking facilities and lighting, sidewalks, bridges, gazebo, fountains, fences, and gates hereinafter called the “Properties.” BBG is also given the non-exclusive right during the term of this Agreement to utilize the properties described in Exhibit "B" for any purpose including, but not limited to, building and 1 | Page grounds rentals, that has been approved in writing in advance by the City Manager of the City, or his designee. Article 2. Term of Agreement The term of this Agreement shall be for one (1) year commencing on October 1, 2024, and terminating at 11:59 p.m. on September 30, 2025, if not sooner terminated as hereinafter provided. BBG and the City may renew this agreement for two (2) one (1) year extensions, if mutually agreed. Should the BBG fail to maintain gardens, in a manner to attract tourism and educate the public by providing documented living plants, City may cancel this agreement and assume full responsibility. Article 3. Management Fee In consideration for BBG maintaining and managing the Leased Premises herein described, City shall pay to BBG the sum of One Thousand Five Hundred Dollars ($1,500.00) per month, payable on the first day of each month during the term of this Agreement, commencing on October 1, 2024, through the duration of this agreement. Article 4. Use and Occupancy BBG shall use and occupy the Leased Premises as a botanical garden for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the Leased Premises shall be open to the public during normal hours of operations as shall be agreed to between the Parties. BBG may secure the fenced area of the gardens daily in accordance with the hours of Tyrrell Park. BBG may secure the fenced areas as it deems necessary for events and BBG may charge an admission fee for special events. BBG will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCGC 's operations in and on the Leased Premises. BBG further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or properties described in Exhibit "B" by BBG shall be in accordance with the Americans with Disabilities Act (ADA) and any revision thereof. City owned properties not in compliance with ADA shall be addressed and remedied by the City. BBG shall not assign its obligations to another Management group or Party without receiving approval from the City. 2 | Page Article 5. Alterations, Additions or Improvements BBG shall not, without first obtaining the written consent of the City Manager or his designee, make any alterations, additions or improvements to the properties or the land; provided, however, that such consent shall not be unreasonably withheld. Any work done by BBG to the Leased Premises or property described in Exhibit "B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations, additions or improvements made by BBG shall become the property of City. In the event improvements are contemplated or made to the property or grounds, the City may, at its sole discretion, assist the BBG by providing employees, equipment, and/or materials as may be available at the time. Article 6. Obligations of City and BBG BBG shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards, at all times. BBG shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. BBG should maintain such insurance as it deems appropriate to protect its personal property on the Leased Premises. BBG shall, at its own expense, provide such competent help and personnel as it shall deem necessary for the safe operations and management of the properties. Any employee of the BBG shall be solely an employee of the BBG and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a)Maintenance and repair of the interior and exterior walls, roofs, foundations, doors, windows, fans, awnings, structural systems, and sidewalks of the Garden Center Building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop building; b)Maintenance and repair of all sidewalks, bridges, parking lots, fountains, fences and gates of all properties and land; c)Maintenance and repair of all electrical systems; 3 | Page d)Maintenance and repair of air conditioning systems in the Garden Center building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop Building; e)Payment of electrical, gas, water utilities and basic telephone services, including internet service provided by the City through AT&T fiber optic system; f)Cleaning of the outdoor restrooms in accordance with the Parks & Greenspace Department’s cleaning schedule; g)Assistance from the City's Parks and Greenspace Department for grounds maintenance, as approved by the Parks & Greenspace Director; h)Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and the repairs to the Greenhouse and Propagation buildings structural system and fiberglass exterior coverings; and the repairs to the exhaust and air circulation fans; and the repairs to the ventilation panel motors and control system; repairs to the humidifier and cooling panel systems. i)Repair of all Building plumbing systems, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of BBG. j)Repair to the water fountain, pond fountain and pump systems. Daily routine maintenance and cleaning of the fountains to be the responsibility of the BBG. k)Maintenance and repairs to the perimeter chain link fence, ornamental fence, and the fixed knot fencing. l)Maintenance and repairs to the wooden arbors, gazebo, and bridges. m)Maintenance and repairs to the concrete sidewalks throughout the garden area. n)Removal of dead trees and hanging limbs. 4 | Page All obligations which are not listed above shall be the responsibility of BBG; including but not limited to the lawn maintenance and the purchase of all plants and materials, and bed planting; and the maintenance, repair and/or replacement of all kitchen equipment located inside the Garden Center Building, Maintenance Shop, and the Binks Horticultural Center; City shall, at its expense, maintain such casualty insurance covering the Leased Premises as it deems appropriate to cover its interest thereon. BBG shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the BBG concerning the properties. This Management Agreement shall not be assignable in whole or in part by BBG or City without the written consent of the other Party. BBG shall always keep the property of City free and clear of all liens, attachments, encumbrances or claims arising out of BBG's operations. Article 7. General Liability Insurance BBG shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000), such insurance naming City as an additional named insured and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, BBG shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. BBG shall allow City a fair reduction of the management fee during the time the Leased Premises are partially unfit for occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild, this management Agreement shall terminate, and the management fee shall be paid to the time of such casualty. Article 9. Default In the event either Party defaults in the performance of any of its obligations under this Agreement, and such default continues uncorrected for thirty (30) days after written notice from the other Party of the particular default, said notice being given by certified mail, return receipt requested, addressed to the 5 | Page defaulting Party at its address as hereinafter set forth, thereupon, at the sole election of the non- defaulting Party, this Agreement may be terminated. City shall have a right of re-entry and operation of the facility upon any termination. Notice to the City shall be deemed proper when received by the City Manager or his designee. Notice to BBG shall be deemed proper when received by any member of BBG who accepts service. Article 10. Indemnification BBG SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, JUDGMENTS, INJURIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES FOR THE DEFENSE THEREOF, ARISING FROM THE CONDUCT OR MANAGEMENT OF BBG'S BUSINESS OR ITS USE OF THE LEASED PREMISES. Article 11. Non-Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for management payments due under this Agreement, City will immediately notify BBG in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both Parties wish to continue the Agreement without payment of any management fees, and it is agreed to by both Parties in writing, the Agreement will continue in accordance with the terms and conditions as stated herein. Article 12. Miscellaneous Venue for any dispute arising from this Agreement shall be proper in a court of competent jurisdiction in Beaumont, Jefferson County, Texas. This Agreement represents the full understanding between the Parties. Any amendments or addendums not in writing, mutually accepted by the Parties, and attached to this document shall be unenforceable. 6 | Page IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ___________ day of ________________, 2024. LESSEE: BEAUMONT BOTANICAL GARDENS, INC. By:____________________________________ Printed Name / Title:____________________________________________ Date Signed:_________________________________________ LESSOR: CITY OF BEAUMONT By:____________________________________ Printed Name / Title: Kenneth Williams, City Manager Date Signed:_________________________________________ 7 | Page L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution appointing a member to the Community Development Advisory Committee. BACKGROUND Councilman Mike Getz appoints Isiah Tyson to the unexpired term of Biguita Hernandez-Smith on the Community Development Advisory Committee. The term will expire on September 30, 2025. FUNDING SOURCE Not Applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Isiah Tyson is appointed to the unexpired term of Biguita Hernandez-Smith on the Community Development Advisory Committee by Councilman Mike Getz. The term shall begin on October 1, 2024, and expire on September 30, 2025. 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 1st day of October, - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute and submit the Intent to Apply with the Texas Water Development Board (TWDB). BACKGROUND The Texas Water Development Board issued a call for projects in December 2023 for communities to apply for project funding assistance through the Drinking Water State Revolving Fund (DWSRF). The intended purpose of the program is for Lead Service Line Replacement projects and associated activities including inventorying, planning, design, and replacement. City staff submitted and were invited to apply for project funding. The project will be restricted to the areas designated on the Project Information Form. These areas were selected as areas of potential lead service lines and to enhance the calculated average AMHI, which improved the likelihood of being selected. The proposed project cost of $7,602,000 is based on current estimates and could require a local match of $3,724,980. 51% of the program funding will consist of principal forgiveness and 49% loan/bond. The loan covering the inventory will be 0% interest. $3,908,000 was included under debt in the proposed CIP for lead service line field inspection and replacement. The City, through this resolution, is indicating its willingness to apply for the program with TWDB, and will commit to the project’s development, implementation, construction, management, and financing of all non-reimbursable costs, and 100% of overruns should they occur. FUNDING SOURCE TWDB DWSRF and Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS TWDB Intent to Apply Form RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute and submit the Intent to Apply for project funding with the Texas Water Development Board (TWDB), in the amount of $7,602,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 Official Electronic Mail Sent Via Email. No hard copy to follow. September 13, 2024 Mr. John Pippins, III, EIT Water Utilities Design Manager City of Beaumont John.pippins@beaumonttexas.gov Re: Drinking Water State Revolving Fund (DWSRF) Lead Service Line Replacement Funding (LSLR) State Fiscal Year (SFY) 2025 Application Invitation Dear Mr. Pippins: Congratulations! We are pleased to notify you that the City of Beaumont is hereby invited to submit an application for funding through the Texas Water Development Board’s (TWDB) Drinking Water State Revolving Fund (DWSRF) Lead Service Line Replacement (LSLR) Program. Your project is listed in the Intended Use Plan (IUP) as being eligible to receive funding as shown below: Project DescriptionLead Service Line Inventory and Replacement Eligible Project Phases Planning Design & Construction Project Information Form Number 16053 Eligible Project Cost$ 7,602,000 Principal Forgiveness / Loan Ratio All financing through the LSLR program will be made at the ratio of 51% principal forgiveness and 49% loan/bond. The loan portion of the approved project covering the service line inventory will be at 0% interest. The loan portion of the financial assistance must include the 2% loan origination fee. Because the loan covering the service line inventory is at 0% interest, TWDB encourages talking with bond counsel about issuing taxable bonds for the inventory portion. Because all financial assistance will include financing, your system should ensure that you r entity can take on a loan/bond and you have accounted for the costs associated with a loan/bond in your project cost estimates on your full application.  Our MissionBoard Members     Leading the state’s efforts Brooke T. Paup, Chairwoman L’Oreal Stepney, P.E., Board Member   in ensuring a secure   water future for Texas Bryan McMath, Executive Administrator   Mr. John Pippins, III, EIT September 13, 2024 Page 2 Required Documentation and Deadlines To be considered for funding under the SFY 2025 DWSRF LSLR Program, please follow the requirements stated below: (1) You must submit your Intent to Apply form to DWSRF@twdb.texas.gov by 5:00 P.M., CST on October 4, 2024. If you fail to fully complete and submit the Intent to Apply Form by the deadline, your project will not be considered for funding. This will allow the TWDB to invite, in rank order, additional projects on the lists if an invited entity does not wish to pursue LSLR funding for their project at this time. (2) If you intend to apply, your complete application must be received by TWDB by 5:00 P.M., CST on November 22, 2024. Entities must submit a completed application form by email only to DWSRF@twdb.texas.gov with the subject line of “LSLR Application Submittal for ENTER YOUR SYSTEM NAME” on the email. Note: The TWDB is not able to use the Online Loan Application System (OLA) for these submittals.  Application for Financial Assistance (TWDB-0148)  Application for Financial Assistance Non-Governmental/Private Entities (TWDB-0150) (3) Application s f or Financial Assistance will not be accepted after the deadline. We encourage you to submit your application before the deadline, which will allow us to begin a review of your application earlier. Application materials, such as, submittal instructions, guidance documents and frequently asked questions may be found on our website at www.twdb.texas.gov/financial/applications. (4) A pre-application meeting is required for all DWSRF LSLR projects to ensure that the applicant and the corresponding TWDB staff discuss the project and ask initial questions prior to the application being submitted. LSLR program pre-application meetings will be held virtually in groups. TWDB will hold these meetings in October 2024. If you submit an Intent to Apply, please contact Ms. Diana Sanchez by phone at 512-475-1554 or by e-mail at Diana.Sanchez@twdb.texas.gov to schedule your pre-application meeting. She will be able to assist you with scheduling a meet ing prior to your submission of the application. To assist you in being successful, please take note of the following tips and reminders which are based on TWDB’s experience reviewing prior applications: An LSLR loan may require the selling of bonds to the TWDB. As such, a financial advisor and bond counsel will be required. We highly encourage you to engage with these consultants prior to submitting the application. Because the loan covering the service line inventory is at 0% interest, TWDB encourages talking with bond counsel about issuing taxable bonds for the inventory portion. Mr. John Pippins, III, EIT September 13, 2024 Page 3 To be eligible for funding, a n entity must satisfy all federal procurement requirements in accordance with the DWSRF program, including EPA’s Disadvantaged Business Enterprise requirements. Be sure any changes to the project cost estimate are reflected in both the Intent to Apply Form and the application budget. For bond purposes only, TWDB SRF loan amounts must be rounded up to the nearest $5,000. Please round up any numbers in the application budget and confirm the dollar amounts with your TWDB project team before passing resolutions to minimize adjustment during the review period. We look forward to working with the City of Beaumont on your LSLR project and are committed to providing excellent customer service and prompt responses to any questions as you complete your application. Should you have any questions or concerns, pleas e contact Rebekkah Sandt, Engineer, by phone at (512) 475-1977 or by email at DWSRF@twdb.texas.gov. Sincerely, Marvin Cole-Chaney Director, Program Administration and Reporting Water Supply and Infrastructure Attachment: Intent to Apply Form cc: Wendy Lundeen, CDM Smith, Inc.: lundeenwm@cdmsmiith.com Nancy Richards, Manager Team 4: WSI-RWPD-Team4@twdb.texas.gov Drinking Water State Revolving Fund Lead Service Line Replacement Funding SFY 2025 Intent to Apply Instructions Please indicate your intention to apply for funding from the Drinking Water State Revolving Fund (DWSRF) Lead Service Line Replacement (LSLR) Program in the amount listed in the DWSRF LSLR 2025 IUP. Deadline to submit your Intent to Apply is October 4, 2024. Submit this document as an attachment to DWSRF@TWDB.TEXAS.GO V . Failure to return this form by the deadline will be considered as no intention to apply and your project will not be considered for funding. General Information PIF #:16053 Entity (Applicant) Name: City of Beaumont Project Name:Lead Service Line Inventory and Replacement Intent to Apply Entity intends to submit an application for this project: Yes No Requested funding amount appearing in SFY 2025 LSLR Intended Use Plan is confirmed: Yes No If “No” above, please explain in the space provided below. Please note that due to limited program capacity, only decreases may be considered. TWDB staff may contact you to follow up on any requested adjustments: Click or tap here to enter text. City Manager __________________________________________________________________________________________ SignatureTitle Kenneth R. Williamskenneth.williams@beaumonttexas.gov __________________________________________________________________________________________ PrintedEmail Address 03/26/2024 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to TRP Construction Group, LLC., for the Citywide Pavement Markings Phase III Project. BACKGROUND On April 18,2024, by Resolution No. 24-113, City Council awarded a contract to TRP Construction Group, LLC., of Haltom City, Texas, in the amount of $321,608.72, for the Citywide Pavement Markings Phase III Project. 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 maintenance and final payment in the amount of $66,783.15 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Citywide Pavement Markings Phase III RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 18, 2024, by Resolution 24-113, City Council awarded a contract to TRP Construction Group, LLC., of Haltom, Texas, in the amount of $321,608.72, for the Citywide Pavement Markings Phase III Project; 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 TRP Construction Group, LLC., of Haltom, Texas, in the amount of $66,783.15 for the Citywide Pavement Markings Phase III Project; and, BE IT FURTHER RESOLVED THAT the Citywide Pavement Markings Phase III Project be and the same is hereby accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. BACKGROUND On July 2, 2024, by Resolution No. 24-161, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $96,300.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. The authorized work consisted of the installation of a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its entire length and a Ground Penetrating Radar (GPR) survey for the length of the storm sewer line to identify any potential cavities that were not visible from the surface. On August 20, 2024, by Resolution No. 24-204, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $69,815.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. This authorized work consisted of injecting a high-density urethane grout into the voids identified by the GPR survey in order to stabilize the soils in this confined work area. On September 13, 2024, Vortex Companies submitted an updated proposal in the amount of $11,731.50 to address additional voids encountered during construction. The initial survey utilizing ground penetrating radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm sewer line. The proposal was obtained through the HGACBuy Cooperative. If approved, the new contract amount would be $177,846.50. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Proposal RESOLUTION NO. WHEREAS, on July 2, 2024, the City Council of the City of Beaumont, Texas passed Resolution No. 24-161 awarding a contract in the amount of $96,300.00, to Vortex Companies, of Houston, Texas, for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project WHEREAS, on August 20, 2024, the City Council of the City of Beaumont, Texas passed Resolution No. 24-204 awarding a contract in the amount of $69,815.00, to Vortex Companies, of Houston, Texas, for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project WHEREAS, on September 13, 2024, Vortex Companies, of Houston, Texas, submitted an updated time and materials proposal estimated at $11,731.50, to complete the necessary work; and, WHEREAS, the additional work is required to inject a high-density urethane grout into voids identified by the GPR survey in order to fully stabilize the soils in the work area; 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 THAT the City Manager be and he is hereby authorized to accept the updated time and materials estimate for work by Vortex Companies, of Houston, Texas, in the amount of $11,731.50, for the additional work described above, thereby increasing the total contract amount to $177,846.50, for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - To:City Of Beaumont Contact:David Tingle E.I.T. Address:801 Main Street Phone:409.880.3720 Room 315 Email:David.Tingle@BeaumontTexas.Gov Project Name:TX - Beaumont - 695 Belvedere: 24" CIPP Lining Bid Number:2432425-1 Project Location:Bid Date:9/13/2024 Proposal is figured on utilizing HGAC Contract #TP07-18 Item #Estimated QuantityItem DescriptionUnitUnit PriceTotal Price B31Grout Injection Chemical Grouting - 90 Points, 60 Lbs869.00LB$13.50$11,731.50 Per Point (estimated, Actual Will Be Billed On In Place Quantities) Total Bid Price:$11,731.50 Notes: cess to onsite water for our use free of charge. ce & or longshoreman insurance is not included. greater than 10% of the bid quantities, Vortex reserves the right to adjust our unit price accordingly. or Union Wage Rates are not included in this bid proposal. oposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. Vortex's bid proposal shall be incorporated into the subcontract agreements. Vortex will initiate this project upon an agreement or receipt of a subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. y delays besides weather that is outside of our control will be billed at a standby rate of $1,250 / hour. ACCEPTED:CONFIRMED: The above prices, specifications and conditions are satisfactory and Vortex Services LLC are hereby accepted. Buyer: Authorized Signature: Signature: Date of Acceptance:Estimator: Brandon Gerber (813) 326-8928 Bgerber@vortexcompanies.com Page 1 of 1 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX for the N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract. BACKGROUND A cavity has formed near a manhole at the intersection of N. Major Dr. & Westfield Ave (also known as Claybourn Dr.). A 10-inch sewer line connects to the manhole at a depth of 18 feet. Efforts to perform a video inspection of the 10-inch line in this area have been unsuccessful due to the depth of the line and the distance to any adjacent access points. The Exploratory Excavation and Sanitary Sewer Repair Contract will perform an exploratory excavation at the cavity, identify any defect in the 10-inch line, and make the associated repairs. This contract does not address any potential issues with the 54-inch line that also connects to this manhole. On August 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $59,794.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount SETEX Construction Corp.Beaumont, TX$68,279.79 King Solution Services, LLCHouston, TX $84,400.00 Southern Utility Works, LLCBeaumont, TX$350,478.81 FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation - N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on August 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the N. Major Drive and Westfield Avenue Exploratory Excavation and Sanitary Sewer Repair Contract; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a bid in the amount of $68,279.79 to complete the work and materials for the N. Major Drive and Westfield Avenue Exploratory Excavation and Sanitary Sewer Repair Contract; and, WHEREAS, the City Council is of the opinion that the bid submitted by SETEX Construction Corp., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to SETEX Construction Corp., of Beaumont, Texas, in the amount of $68,279.79 to complete the work and materials for the N. Major Drive and Westfield Avenue Exploratory Excavation and Sanitary Sewer Repair Contract; and, THAT the City Manager be and he is hereby authorized to execute a contract SETEX Construction Corp., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 1, 2024 REQUESTED ACTION:Council to consider an ordinance denying Texas Gas Service Company proposed rates. BACKGROUND Texas Gas Service Company, A Division of ONE Gas, Inc. (TGS) filed to change gas utility rates within the Central-Gulf service area. TGS requested a total rate increase of $25.6 million annually, representing 15.4% increase in non-gas revenues. The proposed increase for residentials customers is $27.8 million, whereas commercial, industrial, and other non-residential rate classes would receive a small decrease. If approved, the average increase pre residential customer would range from $6.23 for usage of 17 Ccf per month and $9.44 for usage of Ccf per month. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS DENYING THE STATEMENT OF INTENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC. TO INCREASE RATES IN THE INCORPORATED AREAS OF THE CENTRAL-GULF SERVICE AREA; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about June 3, 2024, Texas Gas Service Company, a Division of ONE Gas, Inc. TGSBeaumont to increase gas rates in the incorporated areas of the Central-Gulf Service Area; and, WHEREAS, in its Statement of Intent, TGS proposed to increase its revenue requirement by $25.6 million per year; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; and, WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and, nses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and, WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend TGSs proposed effective date for ninety (90) days to October 6, 2024; and, WHEREAS, the City retained the Lawton Law Firm, P.C. to review TGSs rate request and make necessary rate recommendations to the City; and, WHEREAS, expert utility rate consulta of return, capital structure, depreciation recoveries, and other cost of service items, and concluded that the Company failed to show that its requested rates are just and reasonable. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS HEREBY ORDAINS: Section 1. That the statements set out in the preamble to this ordinance are adopted herein as if set forth herein. Section 2. TGSincrease rates in the incorporated areas of the Central-Gulf Service Area is denied. Section 3. The Company shall maintain its current rates under its currently approved rate schedules. Section 4. ThGas Utility Regulatory Act § 103.022(a). Section 5. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. Section 6. This ordinance shall be effective immediately on passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - ATTEST: PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments on the City of Beaumont’s Application for the FY2024 Pathways to Removing Obstacles to Housing (PRO Housing) Grant WORK SESSION Council to Discuss the Lower Neches Valley Authority (LNVA) Agreement along with the bill for water used during the drought 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute an updated Water Supply Agreement and Mutual Release between the City of Beaumont and the Lower Neches Valley Authority (LNVA), providing updates to the current five (5) year term agreement which secures an uninterrupted surface water supply for the City of Beaumont. BACKGROUND The City of Beaumont has 50 million gallons per day of run-of-river surface water rights from the Neches River. During periods of drought and/or low rainfall, run-of-river may not have the volumes required to meet the City’s potable water demand. Therefore, releasing stored water owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary to provide uninterrupted potable water to the citizens. On January 10, 2023, by Res. No. 23-014, City Council authorized the City Manager to extend a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an uninterrupted surface water supply which had expired. Due to the 2023 drought’s impact on available run-of-river flow, the LNVA and the City initiated discussions to update the existing agreement. This resulted in improved agreement language and a revision of outdated details. The key change is an increase in stored water from 6,000 ac-ft to 8,500 ac-ft. This update aims to mitigate the City’s financial strain during drought years, while the agreement’s term will remain unchanged. The draft of the agreement will also require review and approval by the LNVA Board of Directors. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS LNVA Water Supply Agreement and Mutual Release RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an updated Water Supply Agreement and Mutual Release with the Lower Neches Valley Authority (LNVA), to provide updates to the current five (5) year agreement which secures an uninterrupted surface water supply for the City of Beaumont. The Agreement is substantially in the form attached hereto , The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 1, 2024 REQUESTED ACTION:Council consider a resolution authorizing payment of Lower Neches Valley Authority (LNVA) Invoice #3049, for the 2023 water release fee. BACKGROUND In 2013, the City of Beaumont entered into an agreement with the LNVA for the storage and release of water from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake. During periods of drought and/or low rainfall, when run-of-river is not sufficient to meet the City’s surface water rights, the LNVA will release water for the City, as per the agreement. In 2023, Beaumont experienced a significant drought, resulting in release of water needed to ensure sufficient supply from the Neches River for the City’s water needs. The agreement between the City and LNVA is for storage and release of up to 6,000 acre-feet of water per year, as needed. Release of water in excess of this volume is provided, if the LNVA has adequate supply, however the City is billed based on LNVA’s “Uncontracted Water Fee” rate. With the 2023 drought lasting nearly five months, the City required a release of 8,873 acre- feet of water from the LNVA storage. This equates to a 2023 release fee of $985,112.75. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS (LNVA) Invoice #3049 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute payment in the amount of $985,112.75, to Lower Neches Valley Authority (LNVA), for invoice #3409, for the 2023 water release fee. 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 1st day of October, - Mayor Roy West - DVTUPNFS!JOWPJDF Customer #036Invoice #3049 Invoice Date9/12/2024 Due Date 10/31/2024 8961!Fbtufy!Gsffxbz Cfbvnpou-!Ufybt-!88819.3926 CITY OF BEAUMONT Qipof;!)51:*!9:3.5122 WATER ADMINISTRATION 1350 LANGHAM ROAD BEAUMONT, TX 77707 Jufnt Dpoujovfe!Jufnt!gps!DJUZ!PG!CFBVNPOU EftdsjqujpoRuzSbufBnpvou City of Beaumont - Release Fee 6,000.00026.880$161,280.00 City of Beaumont - Uncontracted Water Fee 2,873.000286.750$823,832.75 %:96-223/86 Upubm%:96-223/86 Detach and return the bottom remittance portion with your payment. Customer #036Invoice #3049Due Date10/31/2024 Invoice Date9/12/2024 Account # Bnpvou!Evf$985,112.75 Bnpvou!Fodmptfe$ CITY OF BEAUMONT WATER ADMINISTRATION 1350 LANGHAM ROAD BEAUMONT, TX 77707