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HomeMy WebLinkAboutPACKET AUG 17 1999 Ld � C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 17, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments 1� d A) Approve a change order to the contract for facade repairs to the Julie Rogers Theatre B) Approve a six-month contract for the purchase of sodium hydroxide (caustic soda) for use in the Water Utilities Department C) Approve the purchase of four sewage degritting cyclones used by the Water Utilities Department to remove solids from the sewage system during the treatment process D) Approve a payment for relocation expenses related to the Concord Road Improvement Project r r E) Approve a Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company related to the Walden Road Widening Project I�� Y F) Approve a License to Encroach Agreement Consent Agenda Summary August 17, 1999 • Approval of minutes • Confirmation of committee appointments A) Approve a change order to the contract for facade repairs to the Julie Rogers Theatre On May 25, 1999, City Council awarded a contract in the amount of $176,681 to Moore's Waterproofing for furnishing labor, materials, supplies and equipment to repair the west side of the Julie Rogers facade. Upon removal of the cast stone panels on the portico's south side, the contractor discovered that the masonry backup wall had deteriorated to a very poor and possibly hazardous condition. Change Order No. 1 is in the amount of $41,970 and provides for the contractor to repair the backup brick wall and tuck-point all cast stone panels on the buildings west exterior. Funds are available in the Capital Reserve Fund. Administration recommends approval of the change order. Additional information is attached for your review. B) Approve a six-month contract for the purchase of sodium hydroxide (caustic soda) for use in the Water Utilities Department Administration recommends approval of a six-month contract with Old World Industries of Northbrook, Illinois for the purchase of sodium hydroxide. The estimated expenditure is $29,700. Sodium hydroxide is used by the Water Utilities Department in the water production process. Funds are available for this expenditure in the Water Utilities Department's operating budget. A copy of the staff memorandum is attached for your review. C) Approve the purchase of four sewage degritting cyclones used by the Water Utilities Department to remove solids from the sewage system during the treatment process Administration recommends the purchase of four degritting cyclones from Environmental Improvements, Inc. of Houston in the amount of$16,464. Funds are available for this expenditure in the Water Utilities Department's operating budget. A copy of the staff memorandum is attached for your review. D) Approve a payment for relocation expenses related to the Concord Road Improvement Project A payment of$7,030 would be made to Ms. Silberene Simon for relocation expenses. The amount of assistance includes: a residential rental supplement payment of $3,600, a residential move payment of$350, a business move expense of$680 and a storage rental payment of$2,400. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ensures that persons displaced as a result of an improvement project are treated fairly. A copy of the staff memorandum is attached for your review. E) Approve a Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company related to the Walden Road Widening Project Administration recommends approval of the agreement which will allow for the installation of underground storm sewer in the existing drainage ditch along the north side of the railway right-of- way. City funds will not be required for this work. A copy of the staff memorandum is attached for your review. F) Approve a License to Encroach Agreement The Agreement would be with Michael G. Labrie related to an encroachment onto the City's twenty foot utility easement located at 7399 Hidden Valley Drive. The encroachment is a concrete pool deck encroaching 15.0 feet for a distance of 52.0 feet and a concrete pool encroaching 5.0 feet for a distance of 27.0 feet into the twenty-foot utility easement running midway through the property. The Administration recommends authorization to execute the License to Encroach Agreement. The License Agreement protects the City from liability and provides for a 30-day cancellation clause. A ! City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 5, 1999 REQUESTED ACTION: Consider a resolution approving Change Order No. 1 to the contract for facade repairs to the Julie Rogers Theatre. RECOMMENDATION Administration recommends approval of Change Order No. 1 to the contract for facade repairs to the Julie Rogers Theatre in the amount of$41,970. BACKGROUND During May 1999, City Council awarded a contract to Moore's Waterproofing for furnishing labor, materials, supplies and equipment to repair the west side of the Julie Rogers Theatre facade. Repairs included cleaning and repainting windows, removing cast stone panels and applying a membrane waterproofing product, replacing chipped or broken cast stone panels, removing and replacing deteriorated portico soft, installing new steel angle joist supports, tuck- pointing fractures in columns and bricks, and applying a sealant to the west exterior of the building. The total amount of the contract is $176,681. Upon removal of the cast stone panels on the portico's south side, the contractor discovered that the brick masonry backup wall had deteriorated to a very poor and possibly hazardous condition. This condition seriously weakens the wall and its ability to properly support the stone panels. Unfortunately, there was no way to detect the condition of the backup wall prior to the removal of the stone panels. In addition to the concealed damage, it was discovered that a larger percentage of the mortar joints in the cast stone facing will require tuck-pointing than the proposed 40% scheduled in the original contract. Change Order No. 1 provides for the contractor to repair the backup brick wall and tuck-point al l cast stone panels on the building's west exterior. The contractor will remove all loose mortar and brick from both the north and south portico backup walls and rest them with an epoxy grouting mortar. After the bricks have been reset, a sika epoxy mix will be injected into the wall to provide additional strength. Also, all of the mortar associated with the cast stone panels on the western exposure will be ground back and tuck-pointed. The total cost of Change Order No.1 is $41,970. The contractor is also requesting the contract time be increased by 36 days to allow for the additional repairs. Approval of this change order increases the contract amount to $218,651 and extends the completion date to December 16, 1999. BUDGETARY IMPACT Approval increases the contract amount by $41,970 to $218,651. Funds are available in the Capital Reserve Fund. PREVIOUS ACTION City Council awarded a construction contract for repairs on May 25, 1999. SUBSEQUENT ACTION None RECOMMENDED BY: City Manager and Central Services Director RECOMMENDED MOTION: Approve / Deny the proposed resolution approving Change Order No.l to the contract with Moore's Waterproofing for facade repairs to the Julie Rogers Theatre in the amount of$41,970 and extending the contract time by 36 calendar days. �Bp]C�7C7� #31EEZIS '17HA'1171RZ ]FAC__Ikn 1pA:EIl;zs July 23, 1999 01 00 IdNx� l y, South wall of Portico with cast stone panels removed showing the extensive damage to the brick fill 3 .• �, W4W" backup. The proposal is to ! - t strengthen this backup _. masonry using epoxy grout and mortar . ik t,, ,.. .... ..,r i �X, x t +M CHANGE Distribution to: ORDER OWNER CHITECT o AIA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: FACADE REPAIRS CHANGE ORDER NUMBER: ONE ( 1 ) (name, address) JULIE ROGERS THEATRE Beaumont, TX 77701 INITIATION DATE: 10 August 1999 TO (Contractor): ARCHITECT'S PROJECT NO: 9811 1223 Parish Road �MOORE WATERPROOFING CONTRACTFOR: General Construction Orange, TX 77632 L _J CONTRACT DATE: May 25, 1999 You are directed to make the following changes in this Contract: 1 . Repair concealed damaged brick back-up behind cast stone panels on South face of South Portico wall and North face of North Portico wall, with epoxy grout and mortar. Re-tuckpoint brick back-up. ADD $25 , 460. 00 2 . Tuckpoint 1000 of West Facade cast stone in-lieu of specified 400. ADD $16 , 510 . 00 TOTAL CONTRACT CHANGE ADD $41 , 970 . 00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was .. .. . .. . . . . .. . .. . . . .. .. . . .. $ 176 , 681 00 Net change by previously authorized Change Orders . . ........ ...... .. . ... ... . . . . . . ... . $ —0— The (Contract Sum) ( MYrKMX4fiX,MMXX4 prior to this Change Order was ........ .. . $ 176 , 681 ,00 The (Contract Sum) XXiXrXX&AXXX fXlXu tXwill be (increased)XKKK {> X)) by this Change Order . . . . . . .. . .. . . . . . . . . . . .. . .. . .. . .. ... .. . . . . . . . .. .. ... .. . . . . $ 41 , 970 .0 0 The new (Contract Sum)XRQ0MNKX {MX0[NMQXRincluding this Change Order will be . . . $ 218 , 651 .00 The Contract Time will be (increased) (Kot*xXW,X . %akby 36 DAYS ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is December 16, 1999 Authorized: Milton Bell Associates, Inc. Moore's Waterproofing City of Beaumont ARCHITECT CONTRACTOR OWNER 595 Orleans, Suite 711 1223 Parish Road P.O. Box 3827 • Address Address -- Address Beaumont, TX 77701 Orang , 77632 Beaumont, TX 77704 BY 10 August 1999 BY BY DATE D DATE AIA DOCUMENT G701 CHANGE ORDER • APRIL 1978 EDITION • AIA® • 01978 THE A`AFRIr'AN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701 —1978 B City of Beaumont ej7 Council Agenda Item K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August S, 1999 REQUESTED ACTION: Council consider a six-month contract for the purchase of sodium hydroxide (caustic soda) RECOMMENDATION Administration recommends award of a six-month contract for purchasing sodium hydroxide to Old World Industries at a unit cost of$99 per ton, with an estimated total expenditure of$29,700. BACKGROUND The contract specifies that the successful bidder shall provide approximately 300 tons of sodium hydroxide at a fixed unit cost for six months from date of award. Vendors will provide firm pricing for only six months due to price volatility within the industry. Sodium hydroxide is used by the Water Utilities Department in the water production process. The product bid by Old World Industries has been analyzed by Water Utilities Department personnel and meets specifications set forth in the bid. The vendor shall deliver the material to the Water Treatment Plant as needed. State purchasing reciprocity statutes allow the City to give preference to in-state bidders if the state of a non-resident low bidder allows preference to in-state bidders. Illinois does not allow purchasing preferences for this commodity, therefore, the bids are not affected. Forty-two (42) contractors were notified with seven (7) submitting bids. Attached is a tabulation of the bids received. BUDGETARY IMPACT The contract provides for the vendor to furnish approximately 300 tons of sodium hydroxide at a fixed cost of$99 per ton. The total estimated expenditure is $29,700 for the six-month contract period. The prior contracted price was $203 per ton, yielding a six-month total of$60,900. Funds are available for this expenditure in the Water Utilities Department's operating budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Central Services Director, and Water Utilities Director. RECOMMENDED MOTION: Approve / Deny a resolution awarding a six-month contract for purchasing a sodium hydroxide to Old World Industries at a unit cost of$99 per ton. Bid Tabulation for Six-Month Contract for Sodium Hydroxide Bid Number: RF0599-35 Bid Opening Date: Monday, July 6, 1999 COMPANY USAGE(SIX PRICE PER DRY ESTIMATED MONTHS) TON EXPENDITURE Old World Industries 300 tons $99.00 $29,700 Northbrook,IL DXI Industries, Inc. 300 tons $100.00 $30,000 Houston,TX Kahn Chemical.Inc. 300 tons 5112.00 $33.600 Stafford,TX Houston Chemical Distributors 300 tons $128.00 $38,400 Algoa,TX Bates Chemical,Inc. 300 tons $130.00 $39,000 Crosby,TX Skvhawk Chemicals,Inc. 300 tons $135.00 $40,500 Houston, TX Harcros Chemicals, Inc. 300 tons $147.00 $44,100 Houston,TX i C City of Beaumont ...... '�'' Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 5, 1999 REQUESTED ACTION: Council consider a bid award for the purchase of four (4) sewage degritting cyclones. RECOMMENDATION Administration recommends award of a bid for the purchase of four (4) sewage degritting cyclones to Environmental Improvements, Inc., located in Houston, Texas, in the amount of$16,464. BACKGROUND The sewage degritting cyclones specified in the bid are to be used by the Water Utilities Department to remove solids from the sewage system during the treatment process. The cyclones reduce the maintenance requirements of filters and digesters by removing the solid particulates prior to the filtration process. The equipment bid by Environmental Improvements, Inc. has been reviewed by Water Utilities Department personnel and meets specifications as set forth in the bid. Delivery time is 240 days from the date of order, and the equipment is warranted for a period of one year from the date of delivery. The vendor is responsible for manufacture and delivery of the units to the Sewage Treatment Plant. Installation shall be performed by City personnel. Three (3) vendors were notified of the bid with the Environmental Improvements, Inc. submitting the only response. BUDGETARY IMPACT The bid provides for the vendor to furnish (4) sewage degritting cyclones at a total cost of $16,464. Funds are available for this expenditure in the Water Utilities Department's operating budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Central Services Director, and Water Utilities Director. RECOMMENDED MOTION: Approve /Deny a resolution accepting a bid for the purchase of four (4) sewage degritting cyclones from Environmental Improvements, Inc. in the amount of $16,464. Council Agenda Item City of Beaumont TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 11, 1999 REQUESTED ACTION: Council consider a resolution authorizing payment of$7,030 to Ms. Silberene Simon for relocation expenses as a result of the Concord Road Improvement Project. RECOMMENDATION Ms. Silberene Simon is being displaced as a result of the Concord Road Project and qualifies for relocation assistance. The amount of assistance includes: a residential rental supplement payment of$3,600, a residential move pavement of$350, a business move expense of$680 and a storage rental payment of$2,400. BACKGROUND The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ensures that persons displaced as a result of an improvement project are treated fairly, consistently, and equitably so that such persons will not suffer disportionate injuries as a result of projects designed for the benefit of the public as a whole. Owners or tenants displaced as a result of a project shall be compensated for actual moving and related expenses. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION A Special Commissioners' hearing was held on August 12, 1999 and the City was granted possession of the property for the appraised value of$25,700. SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and City Engineer RECOMMENDED MOTION:Approve/Deny a resolution authorizing payment of$7,030 to Ms. 0 Silberene Simon for relocation expenses as a result of the Concord Road Improvement Project. E P.. Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 12, 1999 REQUESTED ACTION: Council consider a Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company for the Walden Road Widening Project. RECOMMENDATION Administration recommends approval of a Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company to allow installation of underground storm sewer in the existing drainage ditch along the north side of the railway right-of-way. BACKGROUND Main outfall for drainage work on east side of Walden Road using the railway right-of-way, this will eliminate acquisition of additional drainage easement. BUDGETARY IMPACT No City funds will be required for this work. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and City Engineer RECOMMENDED MOTION: Approve/Deny the Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company for the Walden Road Widening Project. F vow City o f Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 13, 1999 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Michael G. Labrie onto the City's twenty foot utility easement located at 7399 Hidden Valley Drive. RECOMMENDATION The property at 7399 Hidden Valley Drive is described as being Lots 18, 19 and 20 in Block 2, Hidden Valley Estates, Beaumont, Jefferson County, Texas. The encroachment being a concrete pool deck encroaching 15.0 feet for a distance of 52.0 feet and a concrete pool encroaching 5.0 feet for a distance of 27.0 feet into the twenty foot utility easement running midway through the property. The administration recommends authorization to execute License to Encroach Agreement. BACKGROUND The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT There is a one-time fee of$ 500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION IsNone. • RECOMMENDED BY: City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION: Approval/Deny approval to execute License to Encroach Agreement. HUG-1?-1999 12:310, FE tli qX EEHU,IC IT i -t09 060 P-01 O1 AFMCATION FOR LICENn TO ENCROACH CITY OF BEAUMONT T� NAME OF APPLICANT In i c, L 3R )ir_ ADDRESS -73 9 9 {�,`��.� // p�. OrE AUTHORITY OF APPLICANT Z) NAME OF OWNER = I I " ADDRESS m l ~P ONE_ S 0.{` _ LEGAL DESCRI 01;OF OwNF ..s PROPERTY (LOT' , BLOCKS, SUBDIVISION TO BE SERVED BY EASEIMqT OR RIGHT OF-WAY 1$_� 1 Q A,to D � I DFSCUMON OF OR RIGHT OF-WAY INVOLVED_tyr 1 �. 1_7-y I PRESENT USE OF EAsmaNr OR RIGHT-0F-WAY UTDlTIES IF PRESFI-M _ USE OF EASEMENT OR RIGFII'-0E-WAY DESIRED B OWNER Cao a L Ate)D I ATTACH A MAP OR PLAT DEI.INEAI]NG THE EASEME2,a Olt rMLIC RIGHT-0F WAY (DRONED AND TO ENGDaER NG SCALD. COST TO ZE PAID-FOR LWENSE TO ENCROACH =�SS00' PAYABL'L.ONE- PRIOR TO CITY COUNC'L MEEnNG AT WFIICE COUNCIL IS TO CONSIDER APPROVAL. ' SIGNATURE TOTAL P.01 SURVEY LEGEND –_E E— ELECTRIC LINE = CONCRETE SURFACE A.C. AIRCONDITIONINC UNIT = _—= WOOD FENCE --PL—PI.— PIPELINE ® COVERED AREA • POWER POLE � P.P. —//-- CHAIN LINK FENCE —T—T— TELEPHONE LINE [;- ROCK OR CRAVEL STREETLIGHT —X— BARBED WIRE FENCE CLIENT. MARX W. FRNST AND nRAUL.E. FRNST CF//: —290013o__2_CM N FOUND f/2' IRON ROD 1 to �' 25' BUILDINC SETBACK LINE 15' DRAINACE EASEMENT 0 co_ 2 SCALE I' = 40' /11/ / w L O T 1 -3 K RLED 2000' (CALLED 200.00' /I1 2 ILO- A?0 ) O� EASEMENT to�TON I=63'32•40 1 •N01 OUND f/2' EIHHER SIDE L=221.81 1 / / y o. IRON 00 T=123.87' / S 89'49'SB_ E-5 QL LC= 10 62' aC� c/� / 13 —� CB=N 31'49 52` E FENCE CUY PP (CALLED S 89'19'33' E - 0.00') ANCIfOR 2010'TON EITHER SIDE t„ ® O WOOD FOUND f/2' © OVERHEAD N uLOCKS —IRON ROD .� ELECTRIC a q OOL ♦ �' ?S ROCK- • , Q2/ W00 FENCE m E N QUIPT. Y p 0 C A/C 1 00-. 43,80' r ONC o ` 'CONC (: w ONE STORY LOT 19 o (, ORIVF 7.IO' �BRICK OOD AND o OV'D 03 ,`O �;LOT 17 }/ 4 RESIDENCE n ONC CONC WAl I �� Q ! ON SLAB of POOL cov �'- SLOT 18 h h Co N I O s 5' DUILDIN 25' BUILDINC O V8 ec. o SETBACK Ll SETBACK LINE O e.00 21.70' AL LINE CONC WALK ° 15' BUILDINC SETBACK C/L FENCE PP FOUND 5 18' 717 ££,VC£ IRON ROD WEST 200.40 FOUND 1 12' (CALLED 200.00')(REFERENCE REARINCO IRON ROD 7399 HIDDEN VALLEY DRIVE (SO-R.O.W.) DESCRIPTION OF SERVICES:—LOCATF. CORMS AND SHOW I 'PROVE�F 'TS SURVEYOR'S CERTIFICATION: TO THE undersigned does AND/OR THE OWNERS OF T"E PREMISES SURVEYED AND TO STEWART TITLE GUARANTY COMPANY The undersigned does hereby THE that this survey was this day— AUCUST 9 1999 the property legally described hereon and is correct, and that there are no discrepancies, conflime�e shortages f ard ea. boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown hereon and that said property has access to and from a dedicated roadway. The above tract being located at 7399 PLEASANT BEND DRIVE BEAUMONT TEXAS 77708 and being described as LOTS 18 19 AND 20 IN BLOCK 2 OF HIDDEN VALLEY ESTATES as recorded in Volume f_, Page 171 of the MAP Records o JEFFERSON with the Flood Insurance Rate Map of the Federal Emergency Management Agency, County, Texas. , accordance tract lies in the flood zone noted. Location on map was rmined scale. Act map reference shown the subject unless requested FAUST Engineering and SLne;;. Inc does not ant r sc a to he accuracydor scale of said map.' RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 ENCROACHMENT NOTES: Date: AUGUST 9. 1999 I. WOOD BUILDING IS IN 10' U.E. AS NOTED 2. C/L AND WOOD FENCES ARE IN EASEMENTS AS LABELED Census Tract: 1.01 3. CONC WALK AND POOL ARE IN 20' U.E. k 25' D.L. 4. CONC DRIVE OVERLAPS 25' B.L. -�e QF T FEMA Flood Zone:_t`_ 5. CONC WALK OVERLAPS 25' B.L. P.• S. ROCK OVERLAPS 25' B.L G�Te" Community Panel )VO.: ..�.......• O.N 4585457-0045-B Panel Date: 1 �A US T_ ,2/4/84 ••r'a 41Bp �e Field Book No.: 99-13 ENGINEERING AND SURVEYING, INC. 9'Lp''�SS1... 2855 Eastex Freeuxiy, Suite "A" SURVE Project No. 9905-268 Beaumont, Texas 77706 (409) 892-3550 Fax (409) 892-0066 BARBARA LIMING ffitCITY CLERK CITY CLERK'S OFFICE City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 17, 1999 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda GENERAL BUSINESS a 1. Consider scheduling a Public Hearing on August 31, 1999 relating to the proposed FY 2000 Budget a 3� 2. Consider scheduling a Public Hearing on August 31, 1999 relating to the property tax rate and record a vote to be published in the Notice of the Public Hearing �J 3. Consider scheduling a Public Hearing on August 31, 1999 relating to the FY I 2000 Capital Program 4. Consider an agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds related to the Beaumont Municipal I Transit System 5. Consider funding in the amount of$25,000 for the Golden Triangle Minority Business Council l� q, 6. Consider an amendment to Article 1I, Section 104.1.5, Information Required of 7 the 1997 Standard Building Code to include asbestos surveys OTHER BUSINESS Receive a report from the Beaumont Housing Authority r � * Receive a report from the Partnership of Southeast Texas I COMMENTS * Councilmembers comment on various matters * City Manager's Report * Public Comment (Persons are limited to 3 minutes) • EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Lloyd Brooks et al v. City of Beaumont Michael L. Rogers et al v. Robert Jerald Cox Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. i 1 August 17, 1999 Consider scheduling a Public Hearing on August 31, 1999 relating to the proposed FY 2000 Budget City of Beaumont ti• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 13, 1999 REQUESTED ACTION: Receive the FY 2000 proposed Budget and schedule a public hearing. RECOMMENDATION It is recommended that Council schedule a public hearing on August 31, 1999 to review the FY 2000 proposed Budget. BACKGROUND Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the FY 2000 proposed Budget and authorize the City Clerk to publish the notice of the public hearing. BUDGETARY IMPACT Proposed appropriation, net of contingency, for all funds totals $133,472,700. Detail for all funds is submitted along with this agenda item. PREVIOUS ACTION None SUBSEQUENT ACTION A public hearing will be held on the date Council schedules. If the appropriations increased, another public hearing must be held. The Budget must be adopted no later than September 27, 1999. • RECOMMENDED BY: City Manager and Finance Officer RECOMMENDED MOTION: Approve/Deny scheduling a hearing on the FY 2000 proposed Budget for August 31, 1999. Z August 17, 1999 Consider scheduling a Public Hearing on August 31, 1999 relating to the property tax rate and record a vote to be published in the Notice of the Public Hearing Notice of Public Hearing on Tax Increase The CITY OF BEAUMONT will hold a public hearing on a proposal • to increase total tax revenues from properties on the tax roll by 1.153878 percent, Your individual taxes may increase or decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rake that is adopted. The public hearing will be held on ate arr T""-z6 of Ru 1� earing Goes Mere FOR the proposal: AGAINST the proposal: PRESENT and not voting: V—cord ABSENT: The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. 0 Last Year This Year Average residence homestead value $6082 $65,383 General exemptions avadable $0 $0 (amount areal"an 6e av=w houw*: d,not umbidng uaW ohm's a diubW pcnmy exo np6oaa) Average taxable value $60,682 $65,383 Tax rate (per$100) 0.635000 0.635000 Tax $385.33 $415.18 Under this proposal, taxes on the average homestead would increase by $29.85 or 7.75 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0.00 per $100 of taxable value or 0.00 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. SAMPLE City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 12, 1999 REQUESTED ACTION: Establish the proposed 1999 property tax rate, take a record vote and schedule a public hearing. RECOMMENDATION It is recommended that Council propose maintaining the current rate of$0.635 for the 1999 tax year, take a record vote and schedule a public hearing for August 31, 1999. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. Beginning with tax year 1998 (FY 1999) Senate Bill 841 changed when a taxing unit's governing body must hold public hearing and publish public notices for a tax increase. Taxing units are required to hold a public hearing to impose an amount of property taxes that exceed the preceding year's property taxes even if the tax rate remains unchanged. Based on the preliminary calculation by the Jefferson County Tax Office, the published increase in total tax revenues will be 1.15% BUDGETARY IMPACT Property tax revenue in the proposed FY 2000 Budget is calculated at the current rate of$0.635 and totals $23,034,000 for the General and Debt Service Funds combined. PREVIOUS ACTION None SUBSEQUENT ACTION A public hearing will be held on the date Council schedules. In accordance with the Property Tax Code the Council must set and announce the date of the meeting at which it will vote on the tax rate. The City Clerk will publish the required Notice to Vote on Tax Rate which will include the date, time and location of the meeting as well as the percentage increase in total revenues based on the rate established by Council at the end of the public hearing. The meeting to vote on the tax rate must take place no less than three days and no more than 14 days after the public hearing or a revised Notice to Vote on Tax Rate must be published. RECOMMENDED BY: City Manager and Finance Officer RECOMMENDED MOTION: Approve/Deny establishing the proposed 1999 property tax rate of $0.635, take a record and schedule a public hearing for August 31, 1999. 3 August 17, 1999 Consider scheduling a Public Hearing on August 31, 1999 relating to the FY 2000 Capital Program CRY of Beaumont Council Agenda • � Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 17, 1999 AGENDA MEMO DATE:. August 12, .1999 REQUESTED ACTION: Schedule a public hearing on the FY 2000 Capital Program. RECOMMENDATION It is recommended that Council schedule a public hearing on August 31, 1999 to review the FY 2000 Capital Program. BACKGROUND The FY 2000 Capital Program was originally submitted to Council on April 30; 1999. The Capital Program submitted herewith has been updated to provide the most current information on active projects. Article VI, Section 20 requires Council to schedule a public hearing on the FY 2000 proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing. BUDGETARY IMPACT Estimated funds required to complete the FY 2000 Capital program are $21,810,000. PREVIOUS ACTION In accordance with Article VI, Section 19 of the City Charter, the FY 2000 proposed Capital Program was submitted to Council April 30, 1999. SUBSEQUENT ACTION A public hearing will be held on the date Council schedules. The Capital Program must be adopted not later than September 27, 1999. RECOMMENDED BY: City Manager and Finance Officer RECOMMENDED MOTION: Approve/Deny scheduling a public hearing on the FY 2000 Capital Program for August 31, 1999. y � s it --,, a Beaumont, Texas 7- 7- LF. - I CAPITAL PROGRAM FISCAL YEAR w PER co C awK City of Beaumont August 11, 1999 To the Honorable Mayor and Councilmembers Capital Program The Capital Program, commonly referred to as the Capital Improvement Program or CIP, is a plan prepared annually to provide for both short and long range physical development within the City of Beaumont. Charter requires the submission of the CIP to Council as part of the financial planning process. It is adopted in September with the annual operating budget. The CIP allows-for project evaluation at a comprehensive level and also provides the financial information necessary to plan and anticipate potential changes to the tax structure, user fees and bonded indebtedness. Generally, a capital improvement has the following characteristics: relative) high y g monetary value.(at least $1.00,000), long life (will last at least 10 years), and results in either the creation of a fixed asset, or the revitalization of one. Fixed assets are resources owned by the City which have monetary value, long-term character and will be held or used. Examples are land, buildings and improvements to land other than buildings. Included within the above definition are the following specific items: purchase, improvement and development of land; construction of new facilities for the delivery of City services; remodeling of existing facilities; and the planning/engineering costs related to specific improvements of the type listed above. The CIP includes a listing of all General and Public Works improvement projects along with project descriptions and cost estimates. General Improvements include Parks and Recreation, Public Safety and other general government municipal facility improvements, whereas Public Works Improvements include street and stormwater drainage projects. 'Approved projects are classed in three phases: current, scheduled and planned. A project classified as current is underway or will be underway within the calendar year. Those classified as scheduled are under design and right-of-way is being acquired however no construction contract has been let. Projects classified as planned are approved projects but are only in the preliminary stage. Other projects for consideration, also included in this presentation, represent projects that are desirable but are not included in the five year plan. Capital Program 2000 August 11, 1999 Completed Projects (1995-1999) Since 1995, over $36M of projects, both general improvement and public works, have been completed. The general improvement projects completed during this five year period totaled $9.4M. The costs for all public works projects topped $27M. An average of $7M in projects were completed annually during this period. A summary of the projects completed from 1995-1999 follows: YEAR DESCRIPTION AMOUNT General Improvement Projects 1995 New Parks $ 445,000 Sterling R. Pruitt Activity.Center 2,649,000 . 1996 Airport T-Hangers 314,000 Parks & Recreation Improvements 324,000 Fair Park Improvements 480,000 1997 Colliers Ferry Park 1,250,000 Julie Rogers Theatre - Foundation 410,000 Tyrrell Park 226,000 1998 Elmo Willard Library 1,691,000 Julie Rogers Theatre- Site Development 255,000 1999 Alice Keith Swimming Pool 1,365,000 Public Works Projects 1996 Major Drive (College to Hwy 105) 1,000,000 Liberty-Laurel 5,000,000 1997 Maury Meyers Overpass 4,050,000 West Lucas 9,000,000 South Park Relief 3,400,000 Twenty-Third Street 400,000 1998 Royal Street Outfall 825,000 Eleventh Street-Washington to Fannett 1,900,000 Folsom Road - Crow to Dowlen 1,500,000 1999 Chaison Street-Threadneedle to Harriot 156,000 2 Capital Program 2000 August 11, 1999 Outstanding Debt Relative to the assessed value of property within the Beaumont c' limits, th outstanding general obligation debt has ranged between a high of 2.54% at 10/01/92 and alow of 1.9 5% at 10/01/97. The increasing assessed valuation of property is attributable to both the addition of new property to the tax roll and increasing values of existing assessed value mirrors the increase in the level of debt issued by he City for The in to infrastructure which support a growing economy. The debt level has fluctuated between $66M at 10/01/91 to an estimated $89M at 10/01/99 while maintaining an average basis of 2.19% for period under review. The projected debt ratio at 10/01/99 is in line with o average at 2.41% of assessed value. The following table illustrates this discussion. Outstanding Assessed Debt Debt Value Ratio 10/01/91 66,386,091 2,890,352,140 0 10/01/92 2.29/o 75,991,091 2,986,049,120 2.54% 10101/93 71,922,491 3,245,152,910 2.22% 10/01/94 67,584,491 3,251,615,993 2.08% 10/01/95 68,501,191 3,311,639,210 2.07% 10/01/96 71,482,591 3,420,010,280 2.09% 10/01/97 68,286,391 3,499,102,595 1.95% 10/01/98 76,723,691 3,661,785,240 2.10% 10/01/99 (est) 89,243,491 3,701,491,226 2.41% 3 Capital Program 2000 August 11, 1999 As a percentage of total general government expenditures (General Fund and Debt Service), annual debt service payments have ranged from 13.16% to 15.10% during the period FY96 through FY99. Considering existing debt levels, this ratio is projected at 15.77% for FY 2000. Fiscal General Govt. Debt Service Percent Year Expenditures Payments of Total 1996 68,795,588 10,260,895 14.92% 1997 68,938,149 9,494,045 13.77% 1998 70,273,731 9,248,501 13.16% 1999 (Est) 74,034,100 11,181,000 15.10% 2000 (Prof) 78,697,200 12,407,600 15.77% Debt Service Payments Relative to General Government Expenditures 100 80 60 s 40 20 0 1996 1997 1998 1999 2000 Fiscal Year End ®General Fund Expenditures M Debt Service Payments 4 . Capital Program 2000 August 11, 1999 Capital Program 2000 Current, scheduled and planned projects have been adjusted to reflect up-to-date estimates. As of the date of this report, these projects total $61.8M. Individual project descriptions, with maps for street and drainage projects, may be found in the section titled "Project Descriptions." The following table identifies the speck cost associated with each phase of the CIP. Capital Program 2000 Program Summary Cost Public Works Improvements Current $18,860,000 Scheduled 19,550,000 Planned 10,100,000 Total 48,510,000 General Improvements $9,280,000 Current Scheduled 3,230,000 Planned 750,000 Total 13,260,000 Total Program Cost $61,770,000 Funding Financing for the annual program is provided by the "cash flow" approach, whereby debt is issued to generate enough cash to pay the actual expenditures during the year for both existing and new projects...This approach provides the most efficient use of the public tax dollars by allowing multi-year projects to be initiated without issuing debt for the full cost of the -projects at the time. of project. commencement All available funding ,sources are considered. Historically, funding has been provided by the sale of general obligation debt, Community Development Block Grant, and various State agencies. Based on a "cash flow" approach the City sold $20M in Certificates of Obligation on April 27, 0 1999 to fund current projects. This inflow of cash will provide sufficient cash flow for the current and scheduled General Improvement and Public Works Improvement projects. It is anticipated that additional debt obligations will be sold during FY 2000 in the amount of$10M 5 Capital Program 2000 S August 11, 1999 to continue funding these projects, primarily Public Works Improvements which tend to span multi-year periods for construction. Several factors which are unforeseeable will dictate the amount of debt issued. Weather, planning, design and construction costs all factor into the decision of when and how much debt to issue. The funding required to complete all current and scheduled projects is estimated at $9.7M at this time. Funding for planned projects has not been identified. As these projects transition into the "scheduled" or"current" classification funding requirements will be reviewed and proposed. Capital Program 2000 Funding Summary Estimated Cost of Projects Current- $28,140,000 Scheduled 22,780,000 Planned 10,850,000 Total $61,770,000 Funds Available Committed $19,960,000 1999 Certificate of Obligations 20,000,000 Total 39,960,000 Funds required to complete Capital Program 2000 $21,810,000 Conclusion The Capital Program is designed to annually review the development and continuing maintenance of the City's-infrastructure. The relationship between the assessed valuation, outstanding debt, annual debt service requirements and general govemment'expenditures as illustrated provide a basis for project consideration and funding. Revisions and amendments may be incorporated into the plan as desired by Council. 6 Capital Program 2000 Public Works Improvements Amount Qurr-nt Projects $ 4,000,000 Major Drive Concord Road - Phase I 2,700,000 Neches River Hike and Bike Trail 3,000,000 Walden Road - Major to IH-10 8,070,000 Walden Road - Ditch 109 590,000 Ector Street Ditch 500,000 Total $ 18,860,000 Scheduled Projects Concord Road - Phase II (Includes Prince Street outfall) $ 9,400,000 Concord Road - Phase III (Includes Concord Road North outfall) 4,550,000 Walden Road - IH-10 to Fannett 800,000 Phelan Boulevard - Major Drive to West of Westbrook 1,500,000 Folsom Road - Dowlen to Major 3,300,000 Total $ 19,550,000 Planned Projects Franklin Street - ML King to Neches $ 200,000 Caldwood Outfall 3,300,000 Moore Street Relief 4,000,000 Old Dowlen - SH 105 Connector 2,600,000 Total $ 10,100,000 7 Capital Program 2000 General Improvements Amount Current Projects Athletic Complex- Softball fields $ 1,530,000 Beaumont Yacht Club Additions 850,000 Fire Station Construction 2,750,000 Fire Training Center Improvements 1,430,000 Municipal Court Building 1,870,000 Parks Maintenance Facility 700,000 Perlstein Park 150,000 Total $ 9,280,000 Scheduled Projects Airport Runway.Extension $ 1,430,000 Police Building Renovation 300,000 Southend Branch Library Construction 1,500,000 Total $ 3,230,000 Planned Projects Streets & Drainage Maintenance Facility $___750,..000 8 CALDWOOD OUTFALL When completed, this project will double the capacity of the Caldwood Addition Outfall and relieve street flooding. The project includes installation of a trunk system on East Caldwood, installation of inlets and laterals on Bristol, Sunbury, Medford, Canterbury and the reconstruction of the streets. Also included is the installation of new laterals, replacement of 50 Inlets and reconstruction of Cross, North Caldwood, Central Caldwood, and South Caldwood Streets. The estimated cost of this project is$3,300,000. GPI 0 0 Z A A 3 � SCV�HERN A J (U tioj Q V 9 CONCORD ROAD This project is needed to relieve the north/south traffic congestion on Eastex Freeway as well as to provide an extension of M. L. King, Jr. Parkway. Concord road has an indefinite right-of-way and as a result, additional right-of-way requirements are difficult to determine. The addition of a curb and gutter section will also require the construction of the Concord Road North outfall to complement this project as well as the Prince Street Outfall Drainage Project. This project will be carried out in three phases and provide for the reconstruction of Concord Road from IH-10 to East Lucas into an arterial roadway. Phase I, IH-10 to Helena, is currently under contract and is expected to cost$21M. Phase II, Helena to the railroad track, includes the construction of the Prince Street Outfall. Estimated cost for phase II is$9.4M. Phase III will cover the area from the railroad track to Lucas and will include the Concord Road North Outfall. Estimated cost for this phase is$4.55M. Maps with descriptions for the outfalls are included in alphabetical sequence. of E. LUCAS ZZ A � d W �d W] SON W Li v�PZ y9Q0 F 1� 69 ce 96 A T 287 N FR6 z / z W � W Dmvom J 9 rJ 49 DELAWARE BLACKMON DELAWARE South texas F-' BRICK RD ralryround 4 t7 d PLUM HO V JE O L� DOL I v P- Babe Zaharlas CI O) LOUISIANA L IUV IANA W EVALON W _� J J 0 W V HARRISON HARRISON 10 CONCORD ROAD NORTH OUTFALL During the design of the Concord Road Project Th i outfall determined o d i that an area that is boulnded would by Dogwood for the northern section of Concord Road. the north, and the Santa Fe d on Street on the south, U.S. 69/96/287 on fwest northern st Lucas on of the Concord Road Project, it Railro also the east. In addition to providing drainage provide relief to a portion of the Minglewood Subdivision. The estimated cost of this project is included in Concord Road Phase III project. z z 0 °TYLER w Q MIWIL.SO ti. ~ ALDWIN � R '9 9� FILL 0 OAK GROVE � ��ti y9 ,o �� L z vP J �Q'� Z Q z Hs O 6 -J F ,n AP THU 287 ¢ �, G� � OAKWOOD O ASHWOOD z a MAPLEWO D w 10 � w �9r Q� N. WILL❑ DOD w TIMBE DOD °o DRIFT 9J- r. nn 3 DOD CY- Ld H W 3 BLACI DN 3 w 3 _ ECTOR STREET DITCH The South Park watershed area is prone to flooding during moderate to heavy rainfalls. The completion of the South Park Relief Project Phase I by the City of Beaumont alleviated some of the flooding conditions. All of the rainfall runoff from this project and the area drains into the Ector Street Outfall Ditch that crosses under Cardinal Drive. This crossing is insufficient and requires upgrading. The City, Jefferson County Drainage District#6 and the Texas Department of Transportation have agreed to share in the cost of this $1 million project The estimated cost of the City's share is$500,000. CAMPUS w AUBURN ZAVALLA_ Q W --J W Q SHELL =LO WEST HIGHLAND ° o- SAXE HIGH AND = �_. GUN ER Q = X LO �,� 3 W W CU IA z ,4`� z r - ti- `n0 tz U TA FLORIDA y y x w GEN N w C AMBLESS 9 W t�..1 12 FOLSOM ROAD Folsom is currently four lanes from West Lucas to Dowlen. Continuation of this project by developing a new roadway through to Major Drive will provide a much needed connection in the vicinity of Parkdale Mail. it will provide some relief from the current and future levels of traffic demand. Other development on Major Drive (private school, residential) will further create a demand for this roadway. The right-of-way for this project has been secured.The estimated cost is$3,300,000. W 69 c' 96 ' BLUEBERRY o CR J W 7 2 Y Q S = W J vE HAVE 3 R a 0 J 36 � T� > QS FOLSOM \G c ' F FOLSOM Q} JAR Y ARTHLR J J 3 a c SL T BRIAR = Y CR RBOR- V D c VOOD LITTL a s 13 FRANKLIN STREET The widening of Franklin between M. L. King (MW and Neches will provide better access between MLK and Main (principal entrance into the Port of Beaumont) with the end goal of making this the primary route for heavy trucks into the Port of Beaumont. Intersection improvements at MLK and Franklin, as well as a two-way left turn lane, will ease present and future traffic congestion. Estimated cost for this Project is$200,000. lb MR. NO MAJOR DRIVE Major Drive is a participation project with TxDOT specifically classified as a demonstration project Our funding provides for just the purchase of right-of-way and utility relocation that must occur prior to the state proceeding with its construction project to widen Major Drive from Hwy 105 to Hwy 124. Total cost for just ROW and utility relocatio e20m/aloe$800,00.'Cu enntly the port onl from Hwy 1 53to Co lege has been responsible for the remaining completed and College to Humble is under construction. .A. MATCFLD+E 'A' Or _ o ,.+ COLLEGE v Lv S.H. 105 q. y1 3 WASHINGTON 00 00 000 E w oo oo oeql ocs y cua 8 WALDFN • N jrpS °a i y i 4 u S DISHMAN S GLADYS oo C K 0o f� PNf.%PN +MAT'CFLDE 'A' 15 MOORE STREET RELIEF The lack of roadside drainage facilities in residential areas, inadequate capacity within existing storm sewer systems, and large paved areas within the Lamar University campus, all contribute to flooding problems. The Moore Street Drainage Area is located within the southeast quadrant of the City and is generally defined as the watershed contributing to the Moore Street Ditch. Drainage generally flows westward from Highland Avenue and southerly from East Lavaca to University Drive, where storm sewer pipes convey the storm water to the Moore Ditch. Proposed improvements include the construction of storm sewers, the removal of a concrete restriction at the old Lower Neches Valley Authority Crossing and realignment of the channel, the installation of a box culvert crossing Highland Avenue and the replacement or modification of existing inlets. The preliminary engineering design is complete. The estimated cost of this project is$4,000,000. LAVACA W 380 �AZ FLORIDA �ti Q'' rLF 28 , 69 96 'PJ+r r� 16 would NECHES RIVER HIKE AND BIKE TRAIL This project provide Ferry Recreational Area • Nature Preserve. provide an opportunity for travelers on 1 to stop - • view the Neches River and its habitat Because of the projects location, it has been selected to receive federal funding from the Statewide Transportation Enhancement Program through the Texas Department of •• -t • 1•T). Total project cost is estimated $3,000,000 with TxDOT • . :1' . of the cost _ - is$600,000. HW J :��r�av�■■'arm - � i ; ��• M �* ma IVOR RON • d ,. WIN ■��■■■■w■■■► ,mow■■T-■■11 11 mm IN NEON Mot,ammm OLD DOWLEN Due to the significant development in the Parkdale Mall area, a very high demand has been placed on Old Dowlen Road between Dowlen and SH 105. While the Dowlen/Old Dowlen intersection has been signalized, little room for improvement exists at the Old Dowien/SH 105 intersection due to its close proximity to US 69. Accommodating the various intersection movements and traffic queuing will require the relocation of the north section of Old Dowlen Road several hundred feet west. This change would move the intersection further away from US 69, and it would allow the installation of a traffic signal. Pavement widening to provide a curb and gutter street will allow greater traffic loads with much less required maintenance. Also included is the reconstruction of Caswell through to US 69, which Old Dowlen will conned to when relocated.The estimated cost for this project is$2,600,000. w J a ° `� ' �05� H ° y > Y L O > o! v UJ Q PQ � z c� c�XX z 105 OSEDAL < RU EDAL v d 0- `O X J COLE 69 A 96 � 287 O�V Z w J 3 C3 A A J 0 c4 0 W A 3 COLL-IER T ARD � 0 Y U 18 PHELAN BOULEVARD Phelan Boulevard west of Major Drive is a heavily traveled two lane roadway that provides access to West Brook High School and the west end of Beaumont. The current roadway cannot adequately handle the traffic demand and requires widening to a four lane curb and gutter section. Estimated cost for this project is $1,500,000. 364 WHITE PHELAN MP RR McLEAN 0 Q 19 PRINCE STREET OUTFALL FThePrincte Street drainage area covers approximately 1,350 acres. This area is bounded roughly by East Lucas on the north, Pine Street on the east, Maple Avenue on the south, Concord Road on the southwest and Detroit Avenue on the west. Natural ground elevation in the study area varies from 33 feet in the Fair Park area to 5 feet in the area east of Pine Street and 10 feet in the area north of Lucas, the Hayes Gully Outfall. Roadside ditches, which are not adequate to handle the amount of runoff, comprise 70% of the drainage system in the project area. This area is also comprised of four sections which drain independently of each other.The northwest area drains into Hayes Gully Outfall, and the other three areas drain to the east into Brakes Bayou. The completion of this project will require the installation of trunk lines, inlets, manholes and connecting pipe improvements,which will provide for a more consolidated and effective drainage system. The preliminary design is complete. The estimated cost of this project is included in Concord Road Phase II project. 1 AS LUCAS Q .. w 1 10 , L 20 - WALDEN ROAD A development trend is driving the need to improve Walden Road between Major Drive and IH-10. There are businesses along Walden that utilize a number of heavy trucks. With the opening of the new Dishman Elementary School, both contribute to the need for improvement. Estimated cost of this portion of the roadway is $8,070,000. Continuation of this project from IH-10 to Fannett Road is estimated at a cost of $800,000. ES Em WASHIMTON D LNVA CANAL PEvi ray ` — LNVA CANAL Pei R — C EY ,a HUMILL J w CK Vlll Y a a O� 8 ' _ \ W N a pGLES f � N - TILLERY 9 d CL a / H J` GA drt, ROBERTS BRmKS RAL 4 � 10 T4 1k 21 WALDEN ROAD DITCH 109 During the design of the Walden Road Project it was determined that the existing Ditch 109 box culvert crossing under IH-10 was not adequate to handle the anticipated storm water runoff. The cost of upgrading this ditch crossing is considerably higher than the cost of rerouting the existing ditch and constructing a new ditch. Jefferson County Drainage District#6 and the City have agreed to participate in the cost of this proposed new ditch. The estimated cost of the City's share is$590,000. ae WAStUNGTIIN t / LNVA CANALQ R W W X t a OF V a WALDEN WALDEN IL TILLERY io J d ROBERTS \\ 22 Capital Program 2000 General Improvements AIRPORT RUNWAY EXTENSION This project provides for the extension of runway 13-31 and its taxiway by approximately 400 feet, the installation of runway lighting and markings for the extended area, expansion of the aircraft parking ramp, and a seal-coat over the existing runway, taxiway and ramp. The total cost of the project is estimated to be $1,430,000. This project is eligible for Texas Department of Transportation grant funding totaling 90% of the project cost. The City's share is estimated at $143,000. ATHLETIC COMPLEX - Softball fields Three new softball fields are needed to meet the increasing demand of the women's- leagues and younger groups. The popularity of softball is overburdening the existing fields. This project will provide for the preparation of the site and entry road, fencing, scoring structures, parking lot, restrooms, lighting and concessions. Estimated cost for this project is $1,530,000. BEAUMONT YACHT CLUB ADDITIONS The recreational area on the Neches River is a City owned boating oriented facility which is managed by the Beaumont Yacht Club. Due to erosion of the river's bank and the age of the existing structures, a number of improvements are required. The improvements include the installation of sheet piling retaining walls along the river and boat entrance, construction of new docks and walkways, replacement of 25 wet storage stalls and construction of 20 new dry stalls. Total cost of the improvements is estimated to be $850,000. The cost of the improvements will be funded from Beaumont Yacht Club revenues. FIRE STATION CONSTRUCTION This provides for the relocation of three City fire stations. Land for the relocation of the stations was purchased during FY 1997 and 1998 at a total cost of $101,200. The new facilities include a vehicle bay for first responder units, shelter for the engine company and living facilities for the shift complements. The fire stations will be constructed at the following locations: Station No. 3 - 805 Woodrow at Kenneth Street; Station No. 6 - 1880 Major Drive South at Washington Blvd.; and Station No. 11 - 6375 Walden Road. Total cost of the three relocation projects is estimated to be $2,750,000. 23 FIRE TRAINING CENTER IMPROVEMENTS In order to provide for proper drainage at the Fire Training Center, the construction of a retention pond and slow release system for waste water generated on the field during fire training exercises and heavy rains is required. Also included in this project will be modifications to the drafting pond and pumping system; the construction and installation of an oiVwater separator; fire extinguisher reconstruction; and drainage and berm construction. Total cost of this project is estimated at $1,430,000 and will be funded with revenues generated by the Fire Training Grounds. MUNICIPAL COURT BUILDING The City acquired the former White House building located at 700 Orleans for $126,000, and the first floor has been targeted as the site to relocate Municipal Court. Activity at Municipal Court is currently over capacity. Renovation to the 16,000 square foot ground level includes two courtrooms, office area for prosecutors- and judges, secured staff work area with storage rooms, public restrooms and an employee lounge. Parking is provided at the rear of the building with potential lease/purchase options on additional parking on Park Street. Estimated cost to renovate the first floor is $1,870,000. PARKS MAINTENANCE FACILITY Construct a Parks Maintenance facility on Langham Road near the City's Athletic Complex. Facility will provide space for offices, storage for equipment and parking for employees. Total estimated cost is $700,000. PERLSTEIN PARK The Park and Open Space Element of the Comprehensive Plan calls for a neighborhood park in the Amelia area. A 7.2 acre tract of land in the Gulf Terrace addition has been purchased for the site of the new park. Proposed improvements include a parking lot, exercise trails/stations, spray device, creative playground and shelter. Total project cost is estimated to be $150,000. POLICE BUILDING RENOVATION This project provides for the renovation of approximately 6,800 square feet of the police station which was used as the municipal court and its supporting office area. The newly renovated area will be used as office space for the Police Department. Total cost of the renovation project is estimated to be $300,000. 24 SOUTHEND BRANCH LIBRARY CONSTRUCTION This project will provide for the construction of a new library facility in the south end of the city. The current location of the Spindletop Branch Library is very crowded and unable to grow. Due to this space limitation, an adequate supply of books is not available and children's activities are limited. Cost of site acquisition and construction is estimated at $1,500,000. This project is eligible for grant funding. STREETS & DRAINAGE MAINTENANCE FACILITY The City Council has authorized the purchase of approximately 5.4 acres of land, located at 865 Franklin Street, from Entex, Inc. for $38,000. The structures located at this site will be renovated to accommodate the Streets & Drainage Maintenance Facility personnel and equipment. Total estimated cost to renovate the site is $750,000. 25 Capital Program 2000 Other Projects for Consideration General and Public Works Improvements Anticipated General Improvements Cost Communication Center and Network $ 4,000,000 Lefler Park- Basketball court and parking lot 110,000 The Meadows Soccer Complex- Parking Improvements 250,000 Tyrrell Park - Golf course parking lot 150,000 Total General Improvements $ 4,510,000 Public Works Improvements Avenue A - Virginia to Cardinal Drive $ 2,000,000 Broadway Box 1,500,000 Calder Avenue - 18th to West Lucas 1,000,000 Concord Road - Lucas to Hwy 105 7,000,000 Delaware - Dowlen to Major 3,500,000 Dowlen Road - College to Walden 4,000,000 Fannett Road Outfall 700,000 Fannin Street Box 8,400,000 High School Ditch 8,000,000 Laurel Avenue & Laurel/Phelan Connector 1,500,000 Main Street - Calder to Blanchette 2,000,000 Rolfe Christopher Drive 1,250,000 Royal Street Outfall 1,680,000 School Safety Sidewalk Program 100,000 South Park Relief 3,600,000 Twenty-Third Street- College to Washington 1,500,000 Twenty-Third Street Overpass 2,500,000 Virginia - Mercantile to Avenue A 2,500,000 Washington Boulevard - Langham to Major 2,500,000 Total Public Works Improvements $ 55,230,000 27 Other Projects for Consideration AVENUE A -Virginia to Cardinal Drive Avenue A from Virginia to Cardinal Drive is currently a two lane asphalt roadway that will connect to the TxDOT proposed Spur 93. This new TxDOT highway will provide better access to the prison system located in mid Jefferson County. With the reconstruction of Avenue A into a four lane roadway, the increased traffic along this corridor will be relieved. Estimated cost for this project is $2,000,000. BROADWAY BOX This project is designed to relieve the 204 acre area served by the Broadway Box, by cross connecting the box with a parallel box in the abandoned Southern Pacific Railroad right-of-way and reconstructing or replacing damaged or overloaded inlets. This area runs between Eighth Street and the Neches River. Estimated cost for this project is $1,500,000. CALDER AVENUE - 18th to West Lucas To relieve traffic congestion on Phelan Boulevard during peak hours, the widening of Calder into a four-lane roadway from 18th to West Lucas is necessary. Additionally, a significant increase in traffic has been realized due to • the completion of the West Lucas and Liberty/Laurel Overpass projects. Estimated cost for this project is $1,000,000. COMMUNICATION CENTER AND NETWORK This project will provide for the consolidation of the City's communication network into a new combined and centralized 800 MHZ system. The project includes the construction of a new communication center on the second floor of the new Municipal Court Building for the dispatching of fire, police and EMS services, as well as, providing non-emergency and after-hours communications for operating departments. The total estimated cost of the project is $4,000,000. CONCORD ROAD - Lucas to Hwy 105 This project will provide fora continuation of the reconstruction of Concord Road through -to -Hwy .105. Estimated cost.for this.project.is.$7,000,000.:This.projgct.;. .. may be eligible for TxDOT grant funding. 28 DELAWARE - Dowlen to Major The extension of Delaware is required to provide an additional east/West corridor from Eastex Freeway through to Major Drive. The limits of this project would run from Dowlen Road to Major Drive. Most of the street right-of-way has been donated, except in the area where an active tank farm exists. The oil field company anticipates closing the tank farm by 2005. Upon completion of oil field activities, it is anticipated that the property will become available for development. Property acquisition could delay completion of the middle portion of the project, and may require construction to be completed in more than one phase. The remaining right-of-way requirements are contingent upon oil field activity completion. Estimated cost for this project is $3,500,000. DOWLEN ROAD - College to Walden The extension of Dowlen Road to the south of College is needed to provide an additional north/south corridor in the developing southwest area of the City. Specifically, it will extend from College to Walden Road. The right-of-way has been donated by property owners adjacent to the corridor. Estimated cost for this project is $4,000,000. FANNETT ROAD OUTFALL This project is required to improve the drainage in the Fannett Road area. The construction of a trunk line system along Fannett Road to Harriot was recently completed. It is now necessary to redirect the flows of existing ditches on each side of Fannett Road into this trunk line system. Estimated cost for this project is $700,000. FANNIN STREET BOX This project is needed to provide for more effective drainage of the Fannin Street Box System which is approximately 490 acres. This project will include the construction of 2,850 feet of concrete lined ditch, 8,200 feet of concrete boxes and approximately 1,000 feet of pipe ranging from 18 inches to 72 inches. Engineering for this project is complete. Estimated cost for this project is $8,400,000. 29 HIGH SCHOOL DITCH There are two remaining phases of the High School Ditch project, South and North. Each section consists of the installation of trunk lines, inlets, manholes and connecting pipe improvements that are required to complete the drainage improvements in the entire High School Ditch area. This area covers approximately 600 acres and is served mostly by an underground storm sewer system. The primary outfall for the High School Ditch Drainage area is a 9 foot x 6 foot concrete box culvert which runs from Oxford Street under the Southern Pacific Railroad tracks and South 11th Street to a concrete lined ditch section near 13th Street. The concrete lined ditch runs to near Highway 69, 96, 287, and IH-10, where the flow is carried under the highway by three 7 foot x 8 foot concrete box culverts. The lined concrete ditch then conveys the flow from the west side of the highway approximately 1,300 feet to Hillebrandt Bayou Oxbow. The engineering phase of this project is complete. Estimated cost for this project is $8,000,000. LAUREL AVENUE & LAUREUPHELAN CONNECTOR Due to increased traffic from the Liberty/Laurel Project, the widening of Laurel, between the IH-10 West Service Road and 23rd Street, into a four-lane roadway is proposed. This project will relieve traffic congestion in the area, particularly during heavy traffic hours. Also included is the provision for a direct connection between Laurel and the Liberty=Laurel overpass project. The-short connection between these two projects is needed to complete the roadway system involved with the 1-10 Overpass. This project, in conjunction with the Calder project, will complete the arterial system in this area. Estimated cost for this project is $1,500,000. LEFLER PARK - Basketball court and parking lot The demand for playing time and parking space indicates the need for an additional basketball court and parking area for Lefler Park. This project will provide for the construction of both. Estimated cost for this project is $110,000. MAIN STREET - Calder to Blanchette The existing pavemeot. ort.;Main :Street, i. beginning to. expepenc. nurperous failures as a result of an old waterline that runs underneath it. After continually repairing the roadway, it is now at the point that the entire roadway needs to be replaced. The estimated cost to reconstruct this four-lane concrete roadway is $2,000,000. 0 30 THE MEADOWS SOCCER COMPLEX - Parking Improvements Heavy tournament use of The Meadows Soccer Complex on Major Drive has produced the need for off-street parking in the area. This project will provide for the construction of a parking lot at an estimated cost of$250,000. ROLFE CHRISTOPHER DRIVE The widening of this two-lane asphalt roadway from Virginia Street to Cardinal Drive into a four-lane concrete roadway will greatly improve the flow of traffic around the Lamar University area. Estimated cost of this project is $1,250,000. ROYAL STREET OUTFALL - Remaining Phases Provides for the completion of Phases II, III, and IV of the Royal Street Outfall Project. This project will be bounded by MLK Parkway on the east, Wall Street on the north, Southern Pacific Railroad on the west and Irma Street on the south. Estimated cost for this project is $1,680,000. SCHOOL SAFETY SIDEWALK PROGRAM -Various Locations Prior to the beginning of the school year, a safe route to school map is prepared for each elementary school. In conjunction with the safe route map, a listing of potential sidewalk projects is developed that will enhance the safety of students walking to school. The goals of the program are to serve the elementary school children; provide sidewalks on high volume streets; provide sidewalks on streets with a large pedestrian population; and provide a significant enhancement to the overall sidewalk system. Estimated cost for this project is $100,000. SOUTH PARK RELIEF - Remaining Phases The remaining Phases of the South Park Relief project includes construction of laterals on Campus Avenue, Zavalla Drive, East Woodrow, Kenneth Avenue, Saxe Street and Florida Avenue. Also included are improvements to substandard inlets, manholes and connecting pipe. Estimated cost for this project is $3,600,000. TWENTY-THIRD STREET - College to Washington Twenty-third Street is currently a two land roadway with open ditches from College Street to Washington Blvd. Development along this section of Twenty-third consists of both commercial and residential properties. The commercial development exists on each end with residential development in the center section. The reconstruction of Twenty-third Street into a four lane concrete curb and gutter roadway will provide an improved north/south corridor. Estimated cost for this project is $1,500,000. 31 TWENTY-THIRD STREET OVERPASS Due to the impact of the Liberty/Laurel and West Lucas projects, the extension of Twenty-third Street will be needed to maintain a smooth flow of traffic in this area. This project will involve the rehabilitation of Twenty-third Street from Laurel Street to the Southern Pacific Railroad tracks with the construction of an overpass at the railroad tracks. Estimated cost for this project is $2,500,000. TYRRELL PARK - Golf course Parking lot This project will provide for the renovation of the parking lot at the Henry Homberg Golf Course. Present parking is inadequate. Problems to be addressed include layout and drainage. Estimated cost for this project is $150,000. VIRGINIA - Mercantile to Avenue A Virginia Street is currently four lanes from Fourth Street to Mercantile Street. The section from Mercantile to Avenue A is only two lanes with ditches on both sides. The reconstruction of this section into a four lane concrete curb and gutter roadway would provide a continuous collector between Fourth Street and Avenue A. This construction would not require any additional right-of-way. Estimated cost for this project is $2,500,000. WASHINGTON BOULEVARD - Langham to-Major It is desirable to continue Washington Boulevard from Langham Road to Major Drive as a four-lane arterial. The section from IH-10 to Langham Road was a participation project with TOOT and has been completed for several years. The completion of the last section should be scheduled to coincide with improvements on Major Drive. Estimated cost for this project is $2,500,000. 32 4 August 17, 1999 Consider an agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds related to the Beaumont Municipal Transit System • Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 12, 1999 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with the Texas Department of Transportation for the City to receive State Public Transportation . Funds. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract agreement with the Texas Department of Transportation for the City to receive grant assistance from the State Public Transportation Fund. BACKGROUND The Public Works Department was recently notified that the City is eligible to receive $463,183 in grant assistance from the State Public Transportation Fund (PTF). These funds will help pay up to 50% of the City's share of fiscal year 2000 operating expenses for the Beaumont Municipal Transit System. The amount of the grant is determined by a formula used in apportioning the PTF money among municipalities within a predetermined population range. A copy of the agreement is attached for Council's review. . BUDGETARY IMPACT The funds help pay up to 50% of the City's share of the FY 2000 operating expenses for the Beaumont Municipal Transit System. PREVIOUS ACTION None. Page 1 of 2 SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Transportation Administrator and Public Works Director. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a contract agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. Page 2 of 2 RECIPIENT:City of I3eaumonu Beaumont Municipal Transit SERVICE AREA.City of Beaumont PUBLIC TRANSPORTATION(SECTION 5307) GRA NT AGREEMENT GRANT AGREEMENT NO. i 10_'OF1007 STATE PROJECT NO. URB 0001 (20) STATE URBAN PUBLIC TRANSPORTATION GRANT AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of y Beaumont/Beaumont Municipal Transit, hereinafter called the "RECIPIENT." WITNESSETH WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation (State) to administer a statewide Public Transportation Grant Program, and to provide state funds to match federal funds; and. NV"HEREAS, Transportation Code, Chapter 433, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 436, and, WHEREAS, the Recipient has submitted an application for financial assistance for a urban public transportation project generally including training, technical assistance, research, or support services related to public transportation in urbanized areas. and the State approved the application, and, NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows. AGREEMENT ARTICLE 1. GRANT PERIOD This Grant Agreement becomes effective on September 1, 1999 or when executed by the State's District Engineer, whichever is later, and shall terminate on August 31, 2000 unless terminated or otherwise modified as hereinafter provided. 1 ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete a public transportation project described in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A, Approved Project Description, this grant agreement, federal and state law, and federal and state regulation as hereinafter referenced. ARTICLE 3. COMPENSATION A. The maximum amount payable under this grant agreement without modification is $463,183.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment B, Estimated Project Budget. B. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claim submitted by the Subrecipient or its subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not available to pay the Subrecipient's claims. C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment B, Estimated Project Budget. D. To be eligible for reimbursement under this grant agreement, a letter of certification must be submitted to the State, according to the terms of Article 48. Year 2000 Compliance, of this grant agreement, or as otherwise requested by the State. E. Reimbursement of costs incurred under this grant agreement is fiuther governed by cost principles outlined in applicable Federal Office of Management and Budget (OMB) publications as follows: • OMB Circular A-21, Cost Principles for Educational Institutions • OMB Circular A-87, Cost Principles for State and Local Governments • OMB Circular A-122, Cost Principles for Nonprofit Organizations E. Costs claimed by the Subrecipient shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Subrecipient that have the effect of 'reducing the cosf actually incurred. - l F.. The-Subrecipient must submit reQuests.forreimbursement to the State no.later than forty-five .% (45)days after the date of the invoices submitted for reimbursement. The Subrecipient will use invoice statements acceptable to the State. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. 2 ARTICLE 3. COMPENSATION (cont.) G. The original and one copy of the invoice is to be submitted to the following address: Walter Crook District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 77708-3468 H. The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. I. The Subrecipient will submit a final billing within forty-five (45) days of the completion or termination of the grant agreement in accordance with Article 1, Grant Period. J. The Subrecipient shall pay all subcontractors for work performed within 10 days after the Subrecipient receives payment for the work performed by the' subcontractor. Also, any retained monies on a subcontractor's work shall be paid to the subcontractor within 10 days after the Subrecipient receives any retainage payment. The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be made a part of all Subrecipient agreements. Failure to comply with any of the above requirements may cause withholding of payments to the Subrecipient. ARTICLE 4. AMENDMENTS Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period. The Recipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria: 1. Does not result in the need for additional funds; and, 2. Does not exceed ten percent of the current total approved budget and the federal and state .fupding exceeds $1.Q0,000; and, 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another category, and - . .. . . .., . 1. . . 4. Does not involve a transfer of funds from training to another expense category; and 5. Does not involve a transfer of funds from construction to a non-construction category; 6. Does not involve a transfer of funds from a direct to indirect cost category. 3 ARTICLE 4. AMENDMENTS (cont.) If a proposed revision meets all of the,criteria listed above, the Recipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE 5. SUBCONTRACTS The Recipient shall not enter into any subcontract with individuals or organizations to provide professional services without prior authorization and consent to the subcontract by the State. Subcontracts in excess of$25,000 shall contain all required provisions of this Grant Agreement. No subcontract will relieve the Recipient of its responsibility under this Grant Agreement. The Recipient shall not enter into any agreement for the purchase of equipment without prior authorization and consent to the purchase agreement by the State. ARTICLE 6. RETENTION OF RECORDS A. The Recipient agrees to maintain all documents, reports, papers, accounting records, and other evidence pertaining to costs incurred under this agreement (the Records) at its office during the grant period and for four years from the date of final payment under the grant. Such records shall be made available during the specified period for inspection by the State, the U.S. Department of Transportation, the Office of the Inspector General, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. Records for nonexpendable property acquired with Federal or State funds shall be retained for four years after final disposition of the property. B. If any litigation, claim or audit is started before the expiration of the four year retention period, the Records shall be retained until all litigation, claim or audit finding involving the Records have been resolved. C. When records are transferred to or maintained by the federal or state sponsoring agency, the four year retention requirement is not applicable to the Recipient. D. The Recipient further agrees to include these provisions in each subcontract. ARTICLE 7. SINGLE AUDIT REQUIREMENTS Recipient audit procedures shall meet or exceed the single audit requirements outlined in Office of Management and Budget (OMB)publications as follows: Audits of State and Local Government OMB Circular A-128 Audits of Institutions of Higher Education and other Nonprofit Institutions ONm Circular A-133 - . ARTICLE S. FINANCIAL MANAGEMENT-SYSTEM • W !. The Recipient's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.20). Those requirements include, but are not limited to: 4 . ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM (cont.) A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State and Federal reporting requirements. B. Records which adequately identify the source and application of funds for grant-supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income. C. Effective control over and accountability for all funds,property and other assets. The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each Grant Agreement, and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. ARTICLE 9. PROCUREMENT STANDARDS Recipient procurement standards shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.36), and FTA Circular 4220.1D, including standards for competitive procurements;methods of procurement; contracting with small and minority firms, women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Recipient's procurement system must include but not be limited to the following procurement standards. A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. B. A contract administration system which ensures that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. CA written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No erriployee;oflieer;or"agency dithe`Reeipient shall participate.in selection or in the award,or administration of a contract supported by state or '._ . _' . , . . ._ . , .. . federal funds if a conflict of interest, real or apparent, would�ie involved. D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. 5 ARTICLE 3. COMPENSATION (cont.) E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. F. Use of value engineering clauses in contracts for construction projects. G. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, giving consideration to such matters as Recipient integrity, compliance with public policy, record of past performance, and financial and technical resources. H. Records sufficient to detail the significant history of a procurement, including rationale for the method of procurement, selection of contract type, Recipient selection or rejection, and the basis for the contract price. I. Limited use of time-and-materials contracts. J. Use of good administrative practice and sound business judgment to settle contractual and administrative issues arising out of procurements. K. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. . L. Procurement transactions conducted in a manner that provides full and open competition. ARTICLE 10. REAL PROPERTY MANAGEMENT The Recipient will comply with management standards set forth in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.31) in the acquisition, use, and disposition of real property acquired under the grant. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18.31. ARTICLE 11. EQUIPMENT MANAGEMENT A. The Recipient will comply with State management standards and with management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.32) in the control, use, and disposition of equipment acquired under this grant. Management standards include: 1. Maintain equipment records that include a description of the equipment; a serial number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the `equipment;the locaii"ori, use and c'oiiafti66 bf the equipment,mainteriance`history for cach", vehicle; and ultimate disposition data including the date of disposal and sale price. 2. Conduct a physical inventory of the equipment at least once every two years and reconcile the inventory with equipment records described in the preceding paragraph. 6 ARTICLE 11. EQUIPMENT MANAGEMENT (cont.) 3. Develop a control system to emsure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated. 4. Develop and follow procedures to keep the equipment maintained and in good condition. At a minimum, the Recipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5. Request disposition instructions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. B. The Recipient will comply with Title 43, Texas Administrative Code, §31.53, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. C. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Recipient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this Grant Agreement upon determination by the State that said property has not been fully or properly used. D. When original or replacement equipment acquired under a grant is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, the Recipient shall contact the State to request authority to dispose of the equipment, and the State shall issue disposition instructions in accordance with 49 CFR 18.32. E. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle Safety Standards established by the U.S. Department of Transportation. F. All vehicles purchased under this Grant Agreement shall comply with all federal motor vehicle anti-pollution requirements. G. All vehicles purchased under this Grant Agreement shall comply with the bus testing requirements set forth at 49 USC 5323(c) and 49 CFR 665. H. The Recipient shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or State interest in any project facility or equipment; nor shall the Recipient by any act or omission of any kind adversely affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment. I. The Recipient shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663 regarding pre-award and post-delivery.audit requirements.:., ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS The Recipient shall maintain at least the minimum insurance coverage on all vehicles and other non-expendable personal property as required by the insurance regulations of the State of Texas. 7 ARTICLE 13. BUY AMERICA The Recipient agrees to comply with applicable Buy America requirements set forth in 49 U.S.C. 53230) and 49 CFR Part 661. ARTICLE 14. CARGO PREFERENCE The Recipient will comply with the cargo preference requirements set forth in 46 U.S.C. 1241 and Maritime Administration regulations set forth in 46 CFR Part 381. ARTICLE 15. COORDINATION The Recipient will at all times coordinate the provision of public transportation services with other transportation operators, both public and private, in the area. The Recipient will furnish the State copies of any agreement resulting from such coordination. Agreements which authorize the payment of project funds to another entity are subject to the approval requirements descnbed in Article 5, Subcontracts. ARTICLE 16. LABOR PROTECTION PROVISIONS A. The Recipient agrees to undertake, carry out and complete the project under the terns and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of 49 U.S.C. 5333(b). The Recipient shall maintain documentation of compliance efforts in accordance with retention and accessibility requirements set forth in Article 6, Retention of Records. B. The Recipient agrees to the comply with applicable transit employee protective requirements as required under the Transit Employee Protective Agreements as set forth under 49 U.S.C.§5310, §5311, and §5333 and 29 CFR Part 215. C. If applicable, the Subrecipient shall comply with the labor protection provision attached hereto and labeled Attachment D, Labor Protection. ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS A. Neither the Recipient nor any subcontractor acting on its behalf shall engage in charter bus operations outside of the geographic area within which it provides regularly scheduled public transportation service, except as provided under 49 CFR Part 604.9, and regulations pertaining to Charter Service Operations set forth at 49 U.S.C. 5323(d) and 49 CFR Part 604. The Recipient shall famish a copy of any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. B. Neither the Recipient nor any subcontractor acting on its behalf shall engage in school bus' operations exclusively for the transportation-of students or school personnel-in competition with private school bus operators, except as provided under 49 U.S.C. 5323(0 and 49 CFR Part 605. The Recipient shall famish any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. 8 ARTICLE 18. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its contractors to verify the extent of services provided under the terms of the Grant Agreement. Representatives of the State or Federal government shall have access to project facilities and records at all reasonable times. C. The State and the U.S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the progress of the grant hereunder and the project premises. D. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the project. ARTICLE 19. REPORTS A. The Recipient shall submit written or electronic reports at intervals and in a format prescribed by the State. 1. Quarterly Operating Report -No later than 15 working days after the end of the quarter for which the report is made, the Recipient shall submit an activity report to the State. At a minimum, the quarterly operating report will include the number of vehicles in operation; total one-way passenger trips; total miles traveled; total expenses, including administrative and operating expenses; revenue, including fares and donations, operating cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile traveled. The State may require more frequent operating reports for reasons of its own, or if the Recipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends. 2. Status of Procurements - If the grant includes the purchase of vehicles or other capital equipment, the Recipient shall submit a quarterly report consisting of a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. 3. Status of Construction - If the grant includes construction, the Recipient shall submit quarterly narrative teports which include-but are not limited to the-progress of construction. B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including: 9 0 ARTICLE 19. REPORTS (cont.) C. Problems, delays or adverse conditions that will materially affect the Recipient's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Recipient and any State assistance needed to resolve the situation. D. Favorable developments or events that will enable the Recipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. E. Every two years, or more frequently when instructed by the State, the Recipient shall conduct a physical inventory of grant-supported property as set forth in Article 11, Equipment Management, and furnish the State a copy of the inventory F. The Recipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code, §31.36. G. The Recipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. As a minimum, the Recipient shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 20. DISPUTES AND REMEDIES A. The Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be settled in accordance with Title 43, Texas Administrative Code, §9.2. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 21. TERMINATION A. The State may terminate this Grant Agreement at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the Grant Agreement. The State shall give written notice to the Recipient at least thirty days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. B. If both parties to this Grant Agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions,including the.effective,4W..4the.event,bat boxh.partjq.� agree that resumption of the grant is warranted, a new Grant Agreement must be developed and execute&by-both parties..n . C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Recipient shall be subject to additional liability except as otherwise provided in this agreement. 10 ARTICLE 21. TERMINATION (cont.) D. Upon termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, title to all property and equipment remains with the Recipient subject to the obligations and conditions set forth in this Grant Agreement and 49 CFR 18.31 and 18.32, unless the state or federal funding agency issue disposition instructions to the contrary. E. In the event of termination, the State may compensate the Recipient for those eligible expenses incurred during the grant period which are directly attributable to the completed portion of the grant covered by this Grant Agreement, provided that the grant has been completed in accordance with the terms of the Grant Agreement. The Recipient shall not incur new obligations for the terminated portion after the effective date of termination. F. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failure in performance of this Grant Agreement in accordance with its terms (including any failure by the Recipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Recipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without-the fault or negligence of the Recipient. ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY The Recipient agrees that no otherwise qualified person with disability(s) shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the United States Department of Transportation (USDOT) that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE and the Department DBE Program requirements of 49 CFR Part 26 apply to this grant agreement as foWws�• ..'}`. n•ii +,•t 5 .. •." . '4 ?• - ..Y'•i. •1, 's •4. _ '.' : iy,.;s ... :.iy YAM=F.'i.. .�...., ♦. •. �l'. 1. The Subrecipient and any subcontractor will offer DBEs, as defined in 49 CFR Part 26 Subpfirt A, the opportunity to'compete fairly for-contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make a good faith effort to meet the DBE goal for this grant agreement. 2. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. The Subrecipient and any subcontractor shall carry out 11 ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS (cont.) 3. applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted contracts. 4. These requirements shall be physically included in any subcontract. 5. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under this grant agreement is a minimum of 3% of the Contract dollars available for contracting opportunities as set forth in 49 CFR Part 26. 6. Failure to carry out the requirements set forth above shall constitute a material breach of this grant agreement and, after the notification of the State, may result in termination of the grant agreement by the State or other such remedy as the State deems appropriate. ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY The Recipient agrees to comply with Executive Order 1 1246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations 41 CFR Part 60. ARTICLE 25. AFFIRMATIVE ACTION The Recipient warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file. ARTICLE 26. CLEAN AIR AND WATER If the Grant Agreement exceeds $100,000, the Recipient will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7401 et. seq.); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; and Environmental Protection Agency regulations (40 CFR, Part 15). The Recipient further agrees to report violations to the State. ARTICLE 27. ENERGY EFFICIENCY The Recipient will recognize standards and policies relating to energy efficiency which may be contained in a State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 28. SUBSTANCE ABUSE A. The Recipient agrees to establish and implement a drug and alcohol testing program that ,C= 49 C 3:.a�nd:65,4,.PrRduce a}?y,: Qcumep tion necessary t.9 establish its r.., compliance with Parts 653 and 654, and permit any authorized representative of the U. S. Departmenx;of Trausp�ortatioa of the State to.inspect] facilities,testing.pgoci�ss,Jud associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654. B. The Recipient will certify compliance with 49 CFR Parts 653 and 654 on or before September 1 of each year. 12 ARTICLE 28. SUBSTANCE ABUSE (cont.) C. The Recipient will submit a copy of the required Management Information System(MIS) reports on or before March 15 each year. ARTICLE 29. FEDERAL PRIVACY ACT A. The Recipient will comply with and assures the compliance of its employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC §552a. The Recipient will not operate a system of records on behalf of the federal government without the express consent of the State and Federal Government . The Recipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Grant Agreement. B. The Recipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the federal government financed in whole or in part with federal assistance provided by FTA. ARTICLE 30. PROHIBITED ACTIVITIES A. Neither the Recipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. B. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Grant Agreement or to any benefit arising therefrom. C:No member, officer or employee of the Recipient during his tenure or one year thereafter shall have any interest, direct or indirect, in this Grant Agreement or the proceeds thereof. D. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation(TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Grant Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. Any persons doing business with or who may reasonably speaking do business with the State under this Grant Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above. Failure on the part of the Recipient to adhere to this policy may result in the termination of this Grant Agreement. E. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no officers vmployee.or member,of the Recipient's.governing-board,or.-of the Recipient's,contractors. . or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third-degree-by,consanguinity to any,member of the.governing-body.or to any.:.. other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree. 13 ARTICLE 31. PUBLIC INFORMATION The Recipient will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552 unless otherwise expressly provided by law. ARTICLE 32. OPEN MEETINGS The Recipient will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 33. INDEMNIFICATION A. To the extent possible by law, the Recipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Recipient or of any person employed by the Recipient. B. To the extent possible by law, the Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient, its agents, employees or volunteers. C. To the extent possible by law, the Recipient agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any volunteer or employee of the Recipient against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Recipient. D. The Recipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the Grant Agreement. ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS If any invention, improvement or discovery of the Recipient or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this grant, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State, the Recipient shall immediately notify the State and provide a detailed report. The rights and responsibilities of the State, the Recipient, any §ubcontr`acfor and the United StaCes•Government with respect to such'inventioh will be determined in accordance with applicable laws, regulations, policies and any waivers thereof. " •-Furtfier;the Recipient sliall'coiiiply witlr the•provisio3is cif 41 CFR,-Part 1� 9 The State and the ° U.S. Department of Transportation shall have the royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. 14 ARTICLE 35. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers'compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Recipient shall furnish the State with satisfactory proof of compliance therewith ARTICLE 36. NONCOLLUSION The Recipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the ci ient breaches or violates this warranty, the State shall award or making of this ant. If the Rep t3' g »' have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee. ARTICLE 37. RESTRICTIONS ON LOBBYING Pursuant to Section 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20, Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits Recipients of federal funds from using those monies for lobbying ipurposes. When applicable, the Recipient will furnish the State the required certification. ARTICLE 38. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and implemented by 49 CFR Part 29, are applicable to this Grant Agreement. Furthermore, any Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must complete a Lower Tier Participant Debarment Certification. The Recipient warrants that the debarment certification furnished as part of the application is current and valid. ARTICLE 39. NONDISCRIMINATION The Recipient shall comply with the nondiscrimination provision attached hereto and labeled Attachment C,Nondiscrimination. ARTICLE 40. DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corpoi-ation Act;Texas Civil Statutes,~which protubit's' the.State from,awarding a contract to a corporation that is delinquent in pgmg taxes under , Cha�ier 171, Tax Code, the Rec ient hereb certifies that it is not delin went m its ; p iP Y q Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the Recipient's franchise tax status shall constitute grounds for cancellation of the Grant Agreement at the sole option of the State. 15 ARTICLE 41. PROGRAM INCOME A. Except for income from royalties and proceeds from the sale of real property or equipment, the Recipient shall retain program income and apply such income to allowable capital or operating expenses. Program income from royalties and proceeds from sale of real property or equipment shall be handled as specified in 49 CFR 18.34 (Copyrights), 49 CFR 18.31 (Real Property) and 49 CFR 18.32 (Equipment). B. The Recipient shall comply with standards governing the receipt and application of program income as set forth in 49 CFR 18.25, Program Income. Program income means gross income received by the Recipient directly generated by a grant supported activity, or earned only as a result of this Grant Agreement during the time period specified in Article 1, Grant Period. C. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a Grant Agreement, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these receipts. ARTICLE 42. SUCCESSORS AND ASSIGNS The Recipient binds himself, his successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer his interest in this agreement without the written consent of the State. ARTICLE 43. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 44. CHANGES IN FEDERAL REGULATIONS As a Recipient of federal funds, the Recipient is required to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA MA(2) dated October, 1995)between Purchaser and FTA , as they may be amended or promulgated from time to time during the term of this Grant Agreement. Recipient's failure to so comply shall constitute a material breach of this Grant Agreement. ' ARTICL'E'45.:PR.IOR AGREEMENTS This,agreement constitutes the,sole_and only agreement of the parties hereto and:supersedes any prior understandings or written or oral agreements between the parties respecting the pubic transportation grant specifically authorized and funded under this agreement. 16 ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS This Grant Agreement includes terms and conditions required by the U.S. Department of Transportation. All contractual provisions required by the U.S. Department of Transportation, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Notwithstanding anything herein to the contrary and except as provided in State law, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Recipient shall not perform any act, fail to perform any act, or refuse to comply with any State request which would cause the State to be in violation of federal terms and conditions or state law. ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR A. Work Hours and Safety Standards The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Part 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). B. Copeland "Anti-Kickback" Act The Recipient agrees to comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). C. Davis-Bacon Act The Recipient agrees to comply with the provisions of the Davis-Bacon Act (40 U.S.C. 276a- 276a-5) as supplemented by Department of Labor regulations (29 CFR, Part 5). D. Relocation and Land Acquisition The terms of the U.S. Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Grant Agreement. E. Insurance and Bonding The Recipient shall comply with insurance and bonding requirements as established in 49 CFR Part 18. F. Signs Thru e:Recipient shall e4use.jo bg.erected at the site of construction, and maintained during constction, signs satisfactory to the State and the U.S. Department of Tr"ansporta ion ,.; identifying the_project,and ludicating,4l the Government is particiRating in the development of the project. G. Seismic Safety The Recipient agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in U.S. Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to 17 ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR(cont.) the extent required by the regulation. The Recipient also agrees to ensure that all work performed under this Grant Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ARTICLE 48. YEAR 2000 COMPLIANCE A. The Subrecipient shall have the technical capability to commence, carry out, and complete the public transportation project described in this grant agreement. Technical capability includes using a system or systems to carry out the public transportation project that complies with Year 2000 requirements. "System" or"systems" includes, but is not limited to, any hardware, software, firmware, embedded systems, and/or micro code used by the Subrecipient to carry out and complete the public transportation project, and includes those systems used for financial management, equipment management, and contract administration. B. The Subrecipient certifies that the system or systems used to carry out the public transportation project described in this grant agreement shall be able to accurately process date data containing a four digit year, a two digit month and a two digit day, or, when ordinal dates are used, the ISO standard format of CCYYDDD, without requiring intervention by the Subrecipient or its personnel. Accurate processing of date data includes a successful translation into the Year 2000 with the dates described in this article (e.g., CC/YY/MM/DD) without human intervention. The Subrecipient certifies that the system or systems will operate so that all manipulations of time related data will produce desired results for all valid date values within the application domain, and that no value for the current date will cause interruptions in the desired operation, especially from the 20th to the 21 st centuries. The Subrecipient also certifies that the system or systems possess capabilities such that date elements in interfaces and data storage permit specifying century to eliminate date ambiguity, and that for any date element without century, the correct century is unambiguous for all manipulations involving that element. C. This certification shall continue in effect for the duration of this grant agreement. Nothing in this certification shall be considered to limit any rights or remedies the State may otherwise have under this grant agreement with respect to performance deficiencies other than Year 2000 performance. 18 ARTICLE 49. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 107876. Walter Crook, Beaumont District Engineer Date: RECIPIENT Signature Of Authorized Officer/Date: Typed or Printed Name Recipient Name: City of Beaumont/Beaumont Municipal Transit 19 Jul 30 99 03 : 31p Beaumont TransitSystem 409 8323609 p. 2 ATTACHMENT A PROJECT DESCRIPTION The Texas State PTF/Oil Overcharge funding will be used to offset the City of Beaumont's share of operating expenses for the Beaumont Municipal Transit System in FY 2000 and 2001. Half of the total biennium allocation will be used each of the two years. Operating expenses include the purchased services taxes,licenses, and other miscellaneous s supplies, urch , labor, frin a benefits, parts, pp ,p 8 P expenses needed in order to operate and maintain the transit system. The transit system has a fleet of 16 RTS fixed route transit coaches, 7 Goshen/Ford paratransit vans,2 sedans, 1 pick-up truck, and 1 service truck. The system operates Mondays through Fridays from 6:00 am until 9:30 pm with 12 fixed route buses traveling over 9 routes and 5 paratransit vans. On Saturdays, the system operates from 7:30 am until 9:30 pm utilizing 9 fixed route buses and 2 paratransit vans. Both the fixed route and paratransit services operate within the city limits of Beaumont. The transit fleet is stored, maintained, and serviced at the Beaumont Transit Administrative/Maintenance Facility. This facility is where the vehicles are washed, fueled, painted, and worked on. 20 ATTACHMENT B BEAUMONT MUNICIPAL TRANSIT OPERATING BUDGET FOR FY 2000 REVENUES: FAREBOX S 500+ CHARTER $ 20,000 SECTION 8 PLANNING $ 15,000 FEDERAL SHARE $1,132,500 STATE $ 463,183 CITY S 669,317 TOTAL REVENUES $2,800,000 EXPENSES: LABOR $1,325,000 FRINGE BENEFITS S 680,000 MATERIALS AND SUPPLIES $ 419,000 PURCHASED SERVICES S 210,000 Ull LTTIES S 26,000 INSURANCE S 70,000 TAXES AND LICENSES $ 45,000 MISCELLANEOUS S 25,000 TOTAL EXPENSES $2,4,000 21 ATTACHMENT C-NONDISCRIMINATION During the performance of this Grant agreement, the Recipient, for itself, its assignees and successors in interest agrees as follows: 1. Compliance with Re ulations: The Recipient shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (hereinafter U.S. DOT) 49 CFR Part 21 and with 23 CFR Part 710.405(b), as they may be amended from time to time(hereinafter referred to as the Regulation), which are herein incorporated by reference and made a part of this grant agreement. 2. Nondiscrimination: The Recipient, with regard to the work performed by it during the grant agreement, shall not discriminate on the grounds of race, color, sex, creed , age or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Recipient shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the grant agreement covers a program set forth in Appendix B of the Regulation. 3. Solicitation for Subgrant agreements, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Recipient for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Recipient of the Recipient's obligations under this grant agreement and the Regulation relative to nondiscrimination on the grounds of race, color, sex, creed, age or national origin. 4. Information and Reports: The Recipient shall provide all information and reports required by the Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Federal Transit Administration(FTA) to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of a Recipient is in the exclusive possession of another who fails or refuses to furnish this information, the Recipient shall so certify to the State, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Recipient's noncompliance with the nondiscrimination provisions of this grant agreement, the State shall impose such sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Recipient under the grant agreement until the Recipient complies; and/or Cance a n''termina�ian or�5izspension''ef tl 'g aiif`agre�men't,`ifi who'fe or in pArl. } 6:Incorporation of Provisions-.The.Reci Recipient shall include the revisions of ar a hs. L P P .P � P through(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulation, or directives issued pursuant thereto. The Recipient shall take such action with respect to any subcontract or procurement as the State or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however, that, in the event a Recipient becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the 22 Recipient may request the State to enter into such litigation to protect the interests of the State, and, in addition,the Recipient may request the United States Department of Transportation to enter into such litigation to protect the interests of the United States. 23 Attachment D, Labor Protection LANGUAGE FOR INCORPORATION INTO THE CONTRACT OF ASSISTANCE The Public Body, City of Beaumont/Beaumont Municipal Transit, agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the area of the project: 1. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. 2. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. 3. The Public Body shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. 4. In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training is required by such employment or reemployment, the Public Body shall provide or provide for such training or retraining at no cost to the employee. 5. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405 (b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An employee shall not be s:-• :regarded as:-deprived.of..employment..4r..placed is-..a:- wgjsc...;positioq:.. compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or t y- : failure to work.due to disability-or discipline.—The phrase., a result�of the.:}�rojeet:'..as-used .: : . . . . herein shall include events occurring in anticipation of, during, and subsequent to the project. 6. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Public Body, the employees and/or their representatives may invoke the 24 jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. 7. The Public Body agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. 8. The Public Body shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. 9. The Public Body will post, in a prominent and accessible place, a notice stating that the Public Body is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333 (b). "The notice shall also specify the terms and conditions set forth herein for the protection of employees." 25 • 5 August 17, 1999 Consider funding in the amount of$25,000 for the Golden Triangle Minority Business Council • • il-7Lj--1-:j City of Beaumont Council Agenda Item A � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 13, 1999 REQUESTED ACTION: Consider funding in the amount of$25,000 for the Golden Triangle Minority Business Council. RECOMMENDATION Administration recommends approving $25,000 for the Golden Triangle Minority Business Council for the promotion and development of minority business enterprises. BACKGROUND City Council approved funding for the Golden Triangle Minority Business Council in FY 1998 in the amount of$25,000. The FY 1999 funding level of$25,000 is as follows: $2,900 for advertising, marketing and brochures; $17,100 for supplies, training and workshops; $2,600 for postage; and $2,400 for telephone, fax, computer and Internet costs. The mission of the non-profit Golden Triangle Minority Business Council, Inc. is to promote, educate and develop minority business enterprises. The City provided funding in FY 1999 to the Chamber of Commerce in the amount of $5'3� Oa; As apart ,tk 5 ,50Q*; 7,S90 &,t0.�ejp prQn4ote.ihe.Chamber's small(minority. , business economic development program. In FY 1998, Council approved funding for the Partnership of Southeast Texas in the amount of$25,000 in an effort to strengthen the. economy of Southeast Texas. The Council will receive a presentation from the Partnership of Southeast Texas on August 17, 1999 relating to a request for FY 1999 funding. As a part of the increased role the City Manager's Office will have in promoting economic development, all contracts relating to economic development will be reviewed on an annual basis to determine the return on the City's investment dollars. BUDGETARY IMPACT Funding is available for the Golden Triangle Minority Business Council in the FY 1999 Budget. PREVIOUS ACTION Council approved funding for the Golden Triangle Minority Business Council in the amount of $25,000 for FY 1998. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Executive Assistant to the City Manager RECOMMENDED MOTION: Approve/Deny funding in the amount of$25,000 for the Golden Triangle Minority Business Council. "Tw �t CITY OF BEAUMONT SPONSORED FUNDING FOR AN ECONOMIC DEVELOPMENT PROJECT i IN PARTNERSHIP WITH GOLDEN TRIANGLE MINORITY BUSINESS COUNCIL .s AND A BUSINESS INFORMATION CENTER (BIC) $25,000 for 1998 - 1999 (FY) 4 :i .i f oilf CITY OF BEAUMONT ► SPONSORED FUNDING FOR AN ECONOMIC DEVELOPMENT PROJECT IN PARTNERSHIP WITH GOLDEN TRIANGLE MINORITY BUSINESS COUNCIL AND A BUSINESS INFORMATION CENTER (BIC) , $25,000 for 1998 - 1999 (FY) BEGEN-NNG Balance S 25,000.00 Advertising/Marketing/Brochures 2,900.00 orksho SuppliesPTraining/W s 17,100.00 P 2,600.00 Postage 2,400.00 Telephone/Fax/Computer/Internet TOTAL Expenditures S 25,000.00 Golden Triangle Minority Business Council, Inc- ''"'�"°"� M NarronarA{rna7ty A Minority Business Development Corporation $ypPlrvDtvtroymsntcavndt r since IM OOKSO February 27, 1999 COAMMAX OF THE BOARD dY Wo00 K TO THE HONORABLE Mayor David W. Moore D�fir,.WOCU - .Y City of Beaumont P�+ � '�;�c,, P. O. Box 3827 g 801 Main Street j0dow W.ADM I AISM Coctm om Ina Beaumont,Texas 77704 N* L Hafcbsr DOARD 9F.DIRECIORS Dear Mayor Moore: Doe Blh� Clerk RoWbg A A{atkdin&Ina In 1989, area corporate and connrnunity leaders combined their efforts to a4Wr�"" Ta,e rkpounat of Taos. create the Golden Triangle Minority Business Council, Inc. (GTMBC). The Joj*'CabrwT Mobil W.C:orpors6m mission of the non-profit GTMBC is to promote, educate and develop minority a business enterprises. The Council continues to be a successful organization in Lt%egarG'Douyrm accomplishing its mission, along with coordinating the interests and resources shwa t 11,KBW p g companies as a value-added way of rice of local businesses and minority owned comp Y DjARA Corporydan,Ina L0W,Hw7wnda doing business. Flem.naez peace supply parrfcs JCriiiksn SL ebmbc&R°aPiW We are writing to you at this time to request the City of Beaumont to continue u U.&YONA spice as an annual sponsoring partner of the GTMBC Business Information Center Area man,Caps R T's (BIC) for $25,000. Since opening the BIC, we are very proud to report to ��p Add you,a,.m� you, City Council and to SBA we have recorded over 400-counsel en-takes. Rrrbfn_'_ Bxatioo 8rrvioee Br.ndas,P!►'�1.' The private-public partnership we have with the City and SBA continues to be essential to GTMBCs survival on into the 21st century. And, we will work to suasm"ncomo`dion ensure both SBA and the City of Beaumont of our commitment to the rrry ray6 Amalom rbane Maintmw0e economic growth of our region. Yerrwe P.Mbs Dapaet seivmoat works Mal.9 asp , Very truly yours, DowsJat F-04 Waft Amacfan�Ramedi�ioa W� CFdmi.Wardre vV nu W end Chemical Co. 3,,a a w�, Beverly L. Hatcher, Uadw�"se''112 GTMBC President C3L4=gR CORPORATIONS GREVROK'U.B.A. RI DUPONT DE MMOU"a CO-.12r— cc: Ray Riley,City Manager . rMOMANDCWNCALCOWANY � �M,y rCO�RAT1� City of Beaumont Council Members MORLOCCORPORATICNI Milton Wilson,Jr.,U. S. Small Business Administration MO'TIVA BNr'ERFRISE,1Lt GTMBC Board of Directors r.R �1� a . Tar near •�n�ays asr•Fenr pes}ns�ss•e�erfL .•e Golden Triangle Minority Business Council, Inc. Post Office Box 21664 Since 1989 855 Florida Avenue, Suite 104 Beaumont, Texas 77720-1664 409-835-0151 FAX 409-835-0269 March 17, 1999 Dear GTMBC Membership and Friends: Over the past ten years, the Golden Triangle Minority Business Council, Inc. (GTMBC) has continued its mission to promote, educate and develop minority business enterprise (MBE). Additionally, our goal a re in our MBEs to be accountable to both our Corporate Sponsor membership, as well Many of y ou ma y have received written (COPY ATTACHED) communication from the New York office of the National Minority Supplier Development Council (NMSDC) indicating GTMBC has been disaffiliated and is no longer part of its network. We are writing to you at this time to let you know the Council's Corporate Advisory Board, its Board of Directors, and MBEIC Input Committee have been working diligently with NMSDC to resolve these issues. More importantly, your Council's leadership is working even more aggressively to facilitate interaction among its membership, and our region to assure you our doors are open and it's "business as usual". We will continue to provide service to MBEs while twe�c� issues ou to call being the office resolved. t 409-835-0151, questions or concerns, your Council or Toll Free 1-877-242-4862. Again, since 1989 the GTMBC has and vrill continue to act on your behalf to ensure mutually beneficial economical links between our MBEs and Corporate members as we approach the new millennium. Very truly yours, wwQ.� c . `M Q"a-«�� a.g.s.� Don Marley, Chair Jim Pavlowich, Chair Terence Griffin, Co-Chair is Corporate Advisory Board Board of Directors MBEIC Input Committee NATIONAL MINQRI'N SUPPIdE'Z DEVE:.CPN!ENT COUNCIL. �K- March 3, 1999 Dear Minority Business Owner. This letter is written to inform you that the Golden Triangle Minority Business Council has been disafnllated and is no longer part of the National Minority Supplier Development Council network. This action took effect February 23, 1999. We regret that action but believe we were left with no choice. I am writing to inform you that NMSDC wants to continue to support your company's efforts to gain contracts from corporations and other businesses in the Golden Triangle area. We strongly believe your continued participation with NMSDC stirs hold great value for you and your company. To that end, we have made arrangements for services to be provided to you by the Houston Minority Business Council. The contact person is: W.Richard Huebner Executive Director Houston Minority Business Council 7322 Southwest Freeway, Suite 1510 Houston,Texas 77074 (713) 271.7805 (713) 271.9770(fax) I have asked Mr, Huebner to reach out to you and insure your company has access to all the services and support the Houston MBC has to offer. Again,%ve appreciate your continued participation in the NMSDC network ano will do an we can to service and support you and your company. Sincerely, Steven Sims Vice President,NMSDC 13 WEST 29TH SIRtIt. NEW TOKK, NY 10011 !2121 044.2420 FAX (212) 719.9611 Jul 1 '99 10:46 P.02 Golden Triangle Minority Business Council, Ina Post office Box 21664 855 Florida Avenue, Suite 104 since Isn Beaummf- Texas 77720.1664 409-835-0151 FAX 409-835-0269 May 26, 1999 Mr. Steve Sims National Minority Supplier Development Council 15 West 3e Street New York New York 10013 Dear Mr. Sims: Per your February 22, 1999• letter addressed to our Council President Beverly Hatcher, the Golden Triangle Minority Business Council was dluffillated as a council of the National Minority Supplier Development Council. We are writing you'n to u at this time continuing to seek an appeal hearing to your decision of disaffiliation. Please notify the GTMBC in writing within the next 30 days of your response to our request for an appeal. You may contact us, via fax at 409-835-0269, or by mail at GTMBC, Post office Box 21664, Beaumont, Texas 77720-1664, We look forward to your response. Very truly yours, C Donald C. Marley, Huntsman Corporation GTMBC Corporate Advisory Board Chair DCM/dle cc: GTMBC Corporate Advisory Board George A. David GTMBC Board of Directors Harold P. Kutner Harriet Micw Dr' Ray Jensen 3u 1 '99 1046 P.0 GOLDEN TRLANGLE MINORITY BUSINESS COUNCIL, Inc. UNANI'MOUSLT APPROVED KITH Proposed"Course of Action Strategy": CRANGB IN WORDING OF ITEM Z. Om 6/2fe/99. Due to the fact that being a member of The National Minority Supplier Development Council (NMSDC)has not provided any substantial benefits to the GTMBC or to MBE's, W we have been mmunarily disaffiliated by the NMSDC without justification, the Corporate Advisory Board makes the following recommendations as to the future Course of Action for the GTMBC: 1. 2. Become affiliated with the U.S. Small Business Adminisustlon-Small Disadvantaged Business Program is order to provide the same certification to MBE's as was provided by the NMSDC. Expand 3. g and the certification program to include White women Business Enterprises, American Disabilities Act Enterprises and other minority organizations. 4. Continue to operate the Business Information Cents(BIC)that provides a complete resource library of business plans, with five computer VAdoas connected to the Internet for training and educational needs. Look for ways to egand suet grow this area of service to minority ent"prlses. S. Continue to remain&W=omous sad self suftlent by implem Ming the financial planning that is already in place. 6. Continue the close reMonships with corporations in order to provide the netwoddng opportunities to help minority-owned business enterprises find contracts. 7. Capitalize on the excelleat reputation of the GTMBC in order to attract new members and financing in order to provide increased service to minority businesses. t . Subuit a letter to NMSUc requesting appeal of the of Vitiholdinap challenge e,if thenappealdto denied. of with 4 Jul 1 '99 10:47 P.04 '(lot"" Chevron CMrrow ch"Cat ctMWaY,LLC Port Arthur Plum 2001 South Ulfway Onve Port Arthur TX 77640 Mrs. Harriet R. Michel P0.Box 1547 NMSDC President Pore Arta`.TX 77641.1547 National Minority Supplier Development Council, Inc. 15 West 39°i Street W.J.ma icy. Aa New York, New York 10018 P"Manama R"409 se8 0700 fax 409 985 0750 Dear Mrs. Michel: This letter is written in support of our long-term commitment as a corporate partner to the Golden Triangle Minority Business Council (GTMBC). According to your December 1897 memo the GillWright study results place GTMBC in a now count category. The memo further indicates it is the aim of the NMSDC Executive Committee to have only Councils in its nationwide service delivery structure that will have a significantly greater depth of staff and service ability for corporate members and MBEs than what is presently possible at most "low count' Councils. Thus, the recommendation was that the GTMBC is to unite with the Houston Council. We, at Chevron Chemical Company's Port Arthur Plant, cannot see any value added benefit for restructuring GTMBC with another Council. In fact, we see many disadvantages for merging with the Houston Council. More than sixty (60) corporations over the years have contributed millions of dollars and time to ensure the 'self-sufficiency' of the Golden Triangle Council. The GTMBC is a tax-exempt 501 (cx3) IRS organization presently serving more than 130 MBEs, has more than a dozen different committees including a very active MBEIC, has its own web page which ensures its membership direct access to the internet, and provides more than twenty-five different services to its membership. In a private-public partnership with the City of Beaumont and the U. S. Small Business Administration, the GTMBC operates in-house a BIC (Business Information Center). Many, d not all, of these activities could be lost by consolidating with the Houston Council. We do not logically see the benefit of GTMBC merging with another Council. In less than ten months, the GTMBC will celebrate its 10-year anniversary. As we approach the 21" Century, staU$tics $how Texas will have a major impact on the small business industry, and has now a significant number of MBEs not being served. In dosing, we at Chevron Chemical's Port Arthur Plant, are committed to continue our corporate partnership with the GTMBC, and feet discussing merger with anther Council is counterproductive. it is our Judgment that if the status of the GTMBC changes, it ought to change for the better. Very truly yours, u g verfy Hatcher. GTMBC FROM GTMBC BIC FAX NO. : 40983,'6204 Aug. eG 1999 10:42AM P2 ��s usf z U.S. SMALL BUSINESS ADMINISTRATION ' WASHINGTON, D.C. 20416 19S3 A. 0 JUL 2 91999 Beverly L.Hatcher Golden Triangle Minority Business Council,Inc. 855 Florida Ave., Suite 104 Beaumont, TX 77720-1664 Subject: Solicitation SBA14Q-98-R-0039,SDB Private Certifier Program Dear Ms.Hatcher: Your proposal in response to the subject solicitation has been accepted for award as a Private Certifier under the Small Disadvantaged Business(SDB)Certification Program. Your contract number is SD Three(3)copies of the contract are forwarded for your review and signature in block 19.' Do not make any changes to the contract documert. If you have any questions,please contact me immediately. Otherwise,please sip and return all three copies of the contract to the address shown in block 5. When the contract is fully executed by the Contracting Officer,a copy will be returned to you for your files. You will be contacted by the SBA Contracting Officer's Technical Representative(COTR)to coordinate commencement of work. The following minor changes have been made to the contract document: a. Paragraphs B.1 and B.2 have been revised. b. Paragraph G.3,COTR has been specified. For your information,a total of 346 funs requested the RFP,and 116 proposals were received. A total of 29 awards were made. 'Me list of private certifiers has been posted on SBA's web site at www.sba.stov. Congratulations on your award as an SDB Private Certifier. Orientation for all new private certifiers has been scheduled for the week of August 9-13, 1999 ,or August 16- 20, 1999 IM You will be contacted by the COTR with furdw do ails. Please provide the COTR, with your firm's web address,so we can link it to the .` `�`�" ' S A veb3ite:''Rterh6triber to Itate'on YOW wobsite"'ywam an official SBA private certifier. If you have any questions regarding this contract,please contact the COTR,1%m9WVAW at(0) 40how,.or the Contract-specialist, at Sincerely, Sharon A.Gurley Contracting Officer FMOr%ftV**Fwlw a V*W M Aft?"Few FROM : GTMBC BIC FAX NO. 4098326204 Aug. 06 1999 10:43AM P3 Golden Triangle Mino)7ty Business Council, Inc. Post Office Box 21664 855 Florida Avenw, Sadie 104 Beaumon4 Te= 77720-1664 409-833-0151 FAX 409-83S-0269 AuVW 3. 1999 PUBLIC SERVICE ANNOUNCEMENT FOR IMMEDIATE RELEASE The Golden Idijoale Minority Business Council. Inc. (GTMBCI Honored by the Unito, Small Buslr}gss AdministEgon (SBA) BEAUMONT, TEXAS - - - - Donald C. Marley, of Huntsman Corporation and Chairman of the Corporate Advisory Board of the Golden Triangle Minority Business Council, Inc., said a formal announcement of SBA's award to the GTMBC as a Private Certifier will take place at a press conference Wednesday, August 4, at 2 p.rm., John Gray Center, Lamar University campus, US Florida Avenue, Beaumont. Marley said the Cerdticatian Contract and Partnership with the United States Snub Business Administration Is a special honor. An 8-point action strategy plan to move the Council forward into the next millennium vA11 be revealed at the press conference. The GTMBC has been in existence since 1989 to provide procurement opportunities for small businesses, and has positioned itself to remain a strong economic development agency. The public is invited to the press conference. For more information, please can Beverly L Hatcher at the Council office at 409-8354151. . p _ FROM : GTMBC BIC FAX NO. : 4098326204 Aug. 06 1999 10:43AM P4 August 4 1999 Golden Triangle Minority Business Council, Inc. (GTMBC) Honored by United States Small Business Administration (SBA). The Golden Triangle Minority Business Council is honored and proud to announce that they have been selected to receive the award as a Private Certifier under the Small Disadvantaged Business (SBA) certification Program. GTMBC was one of only 29 businesses chosen out of 346 applications for this award. Beverly Hatcher , President of GTMBC said" This award will allow us to move forward into the next millennium with even greater momentum than anticipated. The SBA award gives us a green light to new and important avenues that will enhance and further increase our capabilities of assisting small businesses in a manner that can only ensure their success. The certification award includes an orientation and training on the Small Disadvantaged Business program, which Ms. Hatcher will attend. A formal announcement of the award was made by Donald C. Marley, of Huntsman Corporation at a press conference on August 4 at the John Gray rl it Center of Lamar University. Mr. Marley, who is Chairman of the GTMBC ' Advisory'goard said thtit-the C"fic:ation Contract and Partnership with:the United States Small Business Administration is a special honor. He presented an 8-point action strategy plan that will further expand GTMBC's capabilities in assisting small businesses. FROM : GTMBC BIC FAX NO. : 4098325204 Aug. 06 1999 10:44AM P5 0 COURSE OF ACTION STRATEGY Due to the fact that being a member of the National Minority Supplier Development Council has not provided any substantial benefits to the GTMBC or to MBE's, and we have been summarily disaffiliated by the NMSDC without justification, the Corporate Advisory Board makes the following recommendation as to the future Course of Action for the GTMBC: 1. Submit a letter to NMSDC requesting appeal of the disaffiliation, and will challenge NMSDC's unjustified actions of withholding the service point(s) dollars that are owed to GTMBC if the appeal is denied. 2. Become affiliated with the U. S. Small Business Administration — Small Disadvantaged Business Program in order to provide the same certification to MBE's as was provided by the NMSDC. 3. Expand the certification program to include White Women Business Enterprises, American Disabilities Act Enterprises and other minority organizations. s Continue to operate the Business Information Center (BIC) that provides a complete resource library of business plans,' with five computer stations connected to the Internet for training and educational needs. Look for ways to expand and grow this area of service to minority enterprises. 5. Continue to remain autonomous and self sufficient by implementing the financial planning that is already in place. 6. Continue the close relationships with corporations in order to provide the networking opportunities to help minority-owned business enterprises find contracts. 7. Capitalize on the excellent reputation of the GTMBC in order to attract new members and financing in order to provide increased service to minority businesses. 6. Formally, submit the action strategy plan to the GTMBC membership, the media, to the entire .:9-county .service area, community ..teaders..and ..: . ....-. officials, and all GTMBC supporters. N T$ Action .Strategy unanimously amproved by both. the GTMBC Board of PirmorY and the GTMBC Coraoroc Advisory Bosrd. 0 FROM : GTMBC BIC FAX NO. : 4098326204 Aug. 06 1999 10:45AM P6 'mime? Cot � . Slrfce ig3Y Post Office Box 21664 Beaumont, Texas 77720-1664 (409)835-0151 FAX(4019)896.0269 e-mail:gtmbcQfh2000.net OFFI E BOARD OF rARPGTORS Chairman of the Board Ronnie Ware Louis Hernandez Tarry Taylor Jim oevlowkh Clark Refining&Marketing, Inc. Hernandez Office Supply American Textile Maint. Mobil Oil Corporation gym,gin Patrice k✓ntken Anthony Thomas Vet Chairman Texas Department of Trans. St. Elizabeth Hospital DuPont Beaumont Works Tacky Pkwo DuPont Sabine Works John Cron! Eleanor Miti:hop Elf" Vasquez Mobil Oil Chemical U S Postal Service Big 19'Tank Cleaning, Inc. secretary Tani Prados Douglas Earl Wall Phil sanderarr o Diane Cuellar Chevron Chemical Co. NationsBank Area ImpressionsCapsB T's American Romedi*ion Options Treasurer K. C.Douglas 9etty Rubin _ Joshua W Allen, Sr Channel 12. KSMT TV BiGnQtrat Consultation Serv. F Robert a OBI and Chemical Co. J. ANen Contractors, Inc Mary Ann Reid Brenda Spivey President Arthur Chamber Ma'J"-1c Maintenance Scott S.Watjus MOTIVA Enterprise Beverly L. Hatcher Terence Grlf w Sonya Spooner OTMBC IMARA Corporation, Inc. Huntsman Corporation rgOMRATE %DVISORY WARD CHARTER CORPORAT_10NS CNAIRMAAI CHEVRON, U.S.A. Don Marley Fred Jordan Huntsman Corporation Channel 12, KBMT TV E.I. DUPONT UMONT WORKS &CO.,INC. 'ate A.Brnckay Mike Kfilien E.L DUPONT DI.NEMOURS b CO.,INC. ChemTreat, Inc. MOTIVA Enterprise SABINE RIVER WORK S Lamar University St Erizabeth Hospital FINA OIL AND CHEMICAL COMPANY yyaI",C,crook Thomas M.Moorror HUNTSMAN CORPORATION Texas Dept.of Trans. Mobil Oi1 Corporation MOBIL OIL CORPORATION E.R.Ehrrrwn Milton 1K/son Dupont--Sabine Works Small Business Administration MOTIVA ENTERPRISE Dale Ennnusl w J- "Bar Schumacher Fina Oill and Chemical Chevron Chemical Gv"bc-CORP MEMQIs 6 August 17, 1999 Consider an amendment to Article II, Section 104.1.5, Information Required of the 1997 Standard Building Code to include asbestos surveys ORDINANCE N0. • ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD AN AMENDMENT TO THE STANDARD BUILDING CODE REQUIRING PROOF OF AN ASBESTOS SURVEY BEFORE THE ISSUANCE OF A DEMOLITION OR RENOVATION PERMIT FOR ANY PUBLIC BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6-21 of the Code of Ordinances of the City of Beaumont is hereby amended to amend the Building Code of the City of Beaumont Section 104.1.5 to read as follows: Section 104.1.5. Information Required. Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or his authorized agent. The Building Permit Application shall indicate the proposed occupancy of all parts of the building and of that portion of the size or lot, if any, not covered by the building or structure and-shall contairrsuch•other informatiomas may be required by the , Building Official. The application shall also have proof attached that an asbestos survey in accordance with state law has been completed if the application is for a permit for the demolition or renovation of any public • building. For purposes of this Section, the terms "Demolition," "Renovation," "Public Building," and "Asbestos Survey" shall have the meanings ascribed to them by the Texas Department of Health in "Texas Asbestos Health Protection Rules" adopted under the authority of Texas Civil Statutes, Article 4477-3a, §12. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are • declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. This ordinance shall be and become effective October 1, 1999. Section 5. .That any.person who violates any.provision.of this.ordinance shall, upon n conviction, be :. punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. 1999. PASSED BY THE CITY COUNCIL this the day of , • - Mayor - ! Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 17, 1999 AGENDA MEMO DATE: August 12, 1999 REQUESTED ACTION: Council consider an amendment to Article II, Section 104.1.5, Information Required of the 1997 Standard Building Code to include asbestos surveys. RECOMMENDATION Administration recommends approval of an ordinance amending the 1997 Standard Building Code to require, effective October 1, 1999, proof of an asbestos survey before issuance of a demolition/renovation permit for any public building. BACKGROUND In March of 1996, during renovations to the Central Fire Station, an asbestos inspection was conducted by the Texas Department of Health. The purpose of the inspection was to determine the project's compliance with the Texas Asbestos Health Protection Act (TAHPA) and the National Emission Standards for Hazardous Air Pollutants (NESHAP). At the time of the inspection and during a subsequent review of their files, the Texas Health Department determined that the City failed to comply with various provisions of the Texas Administrative Code or statute. The following violations were alleged: • Failure to conduct a mandatory asbestos survey. Failure* to - contract with"'or` 'employ a `licensed asbestos-*' contractor/inspector. The administrative penalty assessed by the Department of Health was $5,000 for each violation. Pagel of 3 To avoid litigation, the Texas Department of Health and the City have agreed to a settlement. The City will provide city employees with Asbestos Awareness Training and will review the City's asbestos management plans. Additionally, the City will adopt an ordinance requiring proof of an asbestos survey prior to the issuance of a demolition/renovation permit for a public building. State law currently requires the owner of a public building to conduct an asbestos survey prior to demolition/renovation. The Texas Department of Health will, in return,not assess the administrative penalties. The Reissued Agreed Order from TDH is enclosed. The City Council deferred action on this item in order for staff to address concerns raised by members of Council and an area building contractor. These concerns dealt with the definition of public buildings and renovation and why require proof of an asbestos survey prior to issuance of the building permit. As stated previously, the City will verify that an asbestos survey has been completed in accordance with state law (Texas Civil Statutes 4477-3a, §12) and Department of Health(TDH) regulations. The Texas Health Asbestos Protection Act defines public building and renovations as follows: • Public building--A building used or to be used for the purposes that provide for public access or occupancy, including prisons and similar buildings. The term includes any building during a period of.vacancy, including the period during preparations prior to actual demolition. The term does not include: (A) an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health; (B) a federal building or installation (civilian or military); (C) a private residence; (D) an apartment building with no more than four dwelling units; or (E) a manufacturing facility or building that is limited to workers and invited guests under controlled conditions. (F) a building, facility or any portion of which has been determined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or state government official. Refno�ation--=Addifioris*to or alterations of the interior surfaces-of a public N building for purposes of restoration, removal, repairing and rebuilding. The State law requires, prior to renovation or dismantling of a public building, including preparations for partial or complete demolition, owners to have the building surveyed by a licensed asbestos inspector. This ensures that the public exposure to airborne asbestos fibers is controlled and Page 2 of 3 minimized. The logical time to request proof of an asbestos survey is prior to issuance of the building permit. Additionally, the law requires the survey to be produced when requested by the TDH. The above information was discussed with the building contractor and a copy of the Texas Asbestos Health Protection Rules was also provided to him. The contractor indicated he had a better understanding of the law and would provide assistance in disseminating this information to area builders, architects and engineers. BUDGETARYIMPACT The verification of an asbestos survey prior to issuance of a demolition/renovation permit will have a minimal impact on Development Services budget and workload. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION: Approve/Deny an amendment to the 1997 Standard Building Code to include asbestos surveys. Page 3 of 3 DOCKET NO. 725-1998-0085 • CASE NO. 609276 IN THE MATTER OF § BEFORE THE TEXAS CITY OF BEAUMONT § DEPARTMENT OF HEALTH § BEAUMONT, TEXAS § AUSTIN, TEXAS REISSUED AGREED ORDER I. JURISDICTION The Texas Department of Health ("Department"), Toxic Substances Control Division ("Division"), Asbestos Programs Branch, is authorized to enforce the Texas Asbestos Health Protection Act ("Act") and the Texas Asbestos Health Protection Rules (Rules), Title 25 of the Texas Administrative Code JAC), Chapter 295, and the National Emission Standards for Hazardous Air Pollutants(NESHAP), 40 CFR Part 61, Subpart M. H. RESPONDENT City of Beaumont ("Respondent") is an owner/operator of a renovation/demolition project, and as such is subject to the aforementioned Act and Rules. III. FACTS On March 26, 1996, Department Inspector, Mr. Joe Brimberry, conducted an asbestos inspection at the Beaumont Central Fire Station located at 400 Walnut, Beaumont, Texas. The purpose of the inspection was- to determine the project's compliance with the Texas Asbestos Health Protection Act (TAHPA) and the National Emission Standards for Hazardous Air Pollutants (NESHAP). At the time of the inspection and during a subsequent review of Department files, it was determined that Respondent failed to comply with various provisions of the Texas Administrative Code or statute referenced in "I. Jurisdiction." The alleged violations are described in Certified Letter No. 900-903, dated February 12, 1997 (hereinafter, "Notice Letter") referenced in "IV. Notice." The following violations were alleged: • Failure to conduct a mandatory asbestos survey in violation of 25 TAC 295.34(c) and 40 CFR Part 61, Subpart M, 61.145(a) - penalty amount of$5,000.00; and • Failure to contract with or employ a licensed asbestos contractor/inspector in violation of 25 TAC 295.34(e) - penalty amount of$5,000.00. IV. NOTICE By the Notice Letter, Mr. Claren J. Kotrla, Director of the Toxic Substances Control Division, Texas Department of Health, informed Respondent of the Department's intent to assess an aggregate administrative penalty of$10,000.00. The letter was received by Respondent. V. RESPONSE Mr. Kirby Richards, representing Respondent, responded to the Department's Notice Letter by requesting a settlement conference. VI. SETTLEMENT On March 12, 1997, an informal settlement conference was held between representatives of the Department and Respondent. The parties reached a settlement, the terms of which are contained in the "It is Ordered" section of this Reissued Order, based on various factors including the desire to avoid litigation. The following terms were agreed upon: • Failure to conduct a mandatory asbestos survey in violation of 25 TAC 295.34(c) and 40 CFR Part 61, Subpart M, 61.145(a); • Failure to contract with or employ a licensed asbestos contractor/inspector in violation of 25 TAC 295.34(e); • Respondent will provide City of Beaumont employees with Asbestos Awareness Training and will review asbestos management plans. The employee training must be acquired from a licensed training provider in the State of Texas. Training will be completed within 120 days of receipt of this Reissued Order; and • Respondent will adopt an ordinance requiring proof of an asbestos survey prior to the issuance of a demolition/renovation permit for a public building withing the confines of the city. The signed ordinance will be submitted to the Department within ninety (90) days of receipt of this Reissued Order. Respondent has no objection to this Reissued Order being signed by the Commissioner of Health or his designee. VII. COMPLETE SETTLEMENT . The facts contained herein are the complete settlement of all issues regarding the alleged violation(s) described in "IV. Notice" of this Reissued Order. A. WAIVER OF HEARING In exchange for the execution of this Reissued Order, Respondent waives the right to a hearing. B. NO WAIVER WITH REGARD TO FUTURE VIOLATIONS The Department does not waive the right to enforce future violations committed-by Respondent. C. COMPLETE UNDERSTANDING The Department and Respondent acknowledge that they understand the terms of this settlement, enter into the settlement freely, and agree to the terms. D. NO RIGHT TO APPEAL Respondent waives the right to judicial review of this Reissued Order. NOW THEREFORE, IT IS ORDERED that: 1. Respondent will provide City of Beaumont employees with Asbestos Awareness Training and will review asbestos management plans. 2. The employee training must be acquired from a licensed training provider in the State of Texas. 3. The training will be completed within 120 days of receipt of this Reissued Order. 4. Respondent will adopt an ordinance requiring proof of an asbestos survey prior to the issuance of a demolition/renovation permit for a public building within the confines of the city. 5. The signed ordinance will be submitted to the Department within ninety (90) days of receipt of this Reissued Order. 6. Respondent shall henceforth comply with this Order and with all applicable laws, rules and regulations. Failure to comply will result in additional penalties. Signed and ordered this day of _ , 1999. t .t .. - ` .. ... . \. • it .. ._ . r � z s Jos h L. Fuller ssociate Commissioner Environmental and Consumer Health 07/13/1999 11: 12 409-835-2026 PARTNERSHIP OF SE TX PAGE 02 Partnership Of Southeast Texas an economic development corporation July 12, 1999 ! The Honorable Mayor David Moore City of Beaumont P. 0. Box 3827 Beaumont, TX 77704 Dear Mayor Moore: The Partnership of Southeast Texas would like to appear on the next available City Council agenda to request funds for the 1998-1999 budget year in the amount of$25,000. As you know POST has been working hard at building the economy of Southeast Texas and working on pulling together the nine counties as a region. Some of the new and exciting things going on at POST: • The new Southeast Texas Local Contractors, Vendors, and Suppliers Directory is out with more than 500 companies in 180 categories. • The Tourism Issue Group is working on building a regional tourism web site -- the first part of that, a web site on all the regional birding opportunities is already up and running at http://set,x.orglhtmVbirding.htm • The Existing Business Issue Group saw its dream of an information clearing house fulfilled when POST put the Virtual Small Business Advisor on line earlier this spring. The site will be continually updated to bring the best information to small businesses and all businesses in Beaumont and Southeast Texas. • Our Workforce Issue Group has worked on several,job fairs,and is currently working on an area salary survey to get better information that local companies can use and also that the economic development committee can use. • We have begun a series of regional meetings to allow community leaders to network and share ideas and success stories. The third of those meetings will be for Hardin, Jefferson and Orange counties in August. • And of course we have been leaders in fighting to protect our Southeast Texas water and to fight for fair interpretations of air quality laws for the region. • Our Leadership Southeast Texas program has expanded from 50 participants per year to around 70—it continues to build regionalism by allowing leaders from throughout the nine counties to get to know each other and learn each other's perspectives on regional issues. Post Office Box 3828 • 8eaumont.Texas 77704 USA 409-838-68W • Fax: 409-835-2026 1-800-916-8080 http://www.setx.org 07/13/1999 11: 12 409-835-2026 PARTNERSHIP OF SE Tx PAGE 03 Honorable Mayor David Moore July 12, 1999, Page 2 We continue of course to work to attract business and industry to this area. POST has attended four trade shows this year and worked with nearly 70 prospects looking at the area. And we have been getting more and more requests for help from local businesses. We have attached a sheet which gives some examples of those requests. We look forward to working with you and the Council to build the economy of the region and create jobs for its citizens. Sincerely /101 Ron Arceneaux Chairman of the Board • 07/13/1999 11: 12 409-835-2026 PARTNERSHIP OF SE TX PAGE 04 . ,Honorable Mayor David Moore July 12, 1999, Page 3 Examples of POST working with Beaumont companies. Tom Flanagan came to POST for help in gathering ideas on structuring Crockett Street Entertainment District and for help in getting statistics on sales in the region to sell investors on the idea. Foxworth Real Estate came to POST for help in selling the Sysco Building. They wanted to market the building to manufacturers in the state. POST acquired a mailing list with more than 3,000 email accounts and taught them how to do a mass email -- The cost to get the word out to 3,000 companies? $0 Winslow and Associates approached the Partnership of Southeast Texas about help in getting and EDA grant for the Port of Beaumont expansion to the opposite bank of the Neches River. POST showed the company how other grants had been written successfully. Their grant was approved. POST worked with the Beaumont Chamber of Commerce and Entergy to make sure Goodyear got full benefit of the tax abatement policies. During that process, POST discovered that the property for Goodyear's expansion was listed in the Port district when it was really some distance away. POST worked to get that corrected and that will save Goodyear about $70,000 a year for the next 20+years. A Beaumont manufacturer asked for help on getting consideration on their bid for a project with BASF/FINA. POST was able to put company officials together with top level officials at BASFIFINA to plead their case. County Judge Carl Griffith, in the early stages of planning for the Southeast Texas Entertainment Complex,came before the POST Board of Directors twice for input—the second time he brought Tracy Byrd along. The public relations company working on the announcement event came to POST for names of community leaders in the region for the invite list. 3 V �`"� 1 1 1 L.J L^7 I►..,..T .� WEDNESDAY • AUGUST 18, 1999 Art. museum min red as the Officials ask city for help with debt asc finding aunderwriters for specific projects and accounts By JEORGE ZARAZUA Council members had no for about. 40 percent of the THE ENTERPRISE immediate reaction to her museum's budget. The city request. covers about 25 percent, and BEAUMONT - The board Steinhagen blamed two of grants, membership and other president of the Art Museum last year's exhibits for helping income account for the rest. of Southeast Texas made an drag the museum into the red: Steinhagen said the board appeal Tuesday to the City "Putt-Modernism: 18 Hole plans to decrease its budget Council for more money to Miniature Golf Course and from $723,000 to the"600s." pay off about $40,000 in Exhibition,"which lost money, The museum has taken sev- gallery debts. and"Oil Patch Dreams." eral steps to curtail operating Kim Steinhagen. asked The "Dreams" exhibit was expenses, she said, including council members not only to built from the ground up by accepting the resignations of increase the city's allocation of museum staff for the kickoff of two top administrators. funds to the museum from the Spindletop 2000 celebra- The museum's executive $185,000 to $225,000 for next tion and required much more director, Jeffrey York, and • fiscal year,but also to issue the work than usual,she said. development director, Jody needed $40,000 as a lump sum "It's on tour, and will defi- Domingue, both resigned last as soon as possible.The rest of nitely turn a profit," Stein- week. The positions, which the money would be distrib- hagen said. remain vacant, accounted for uted monthly as usual. However, so much time was about $100,000 of the muse- "We need some help in try- spent on finding money for um's annual payroll. ing to get out of our debt situ- that special exhibit that over- Steinhagen said the board ation," Steinhagen told the all fundraising fell short of will consider consolidating council at its regular meeting annual projections. various positions as additional Tuesday Fundraising includes events money-saving measures. • =tie ti F w SPA ri:tt EAUMONT P s, �f T 4 Today:ParUycloudy with a August 17, 1999 chance of at!.,,„rnoonraiii. High:90s.Low:70s. VOL.CXVIII, N0.277 'heather update,page 2A htto:L.wwwr.beau montenterp rise.corn.-- - --- ---- THE ADVOCATE FOR SOUTHEAST TEXAS SINCE 1880 —- ---- --------�50 Cents Cmity anager proposes $133 illion budget � '” C�*r � � � ����� • � � � � e $10 million increase won't mean tax rate hike, according to plan $eau otit�#y 1t�[aita elr:"ne 1c f By JEORGE 2ARAZUA today to the City Council in City As it is, the city manager is is that money going to come mCre8ta8an9 City"8 aura #unlda THE ENTERPRISE Hall. proposing to dip into the city's from? So, the pressure is going be c! ` erh�a pn Bonczek is proposing a $133 debt service fund reserves to pay to be on finding additional rev Bonczek "he said. - BEAUMONT — Good news: million budget; an increase of off debts due in fiscal year 2000. enue, ' ��f � The city manager doesn't pro- $10 million compared to the His budget earmarks $1.5 Bonczek said that is why he pose to increase the property tax current fiscal year, which ends million from the reserves to help has created a new Economic s z rate. Sept. f Se30. cover $2.4 million more M loans Development Department as g Now, the bad news: Home- road the City Council taken out to help pay for several part of his proposed budget. owners here still will pay about raised taxes by 1.5 cents last road projects. No new employees will be $30 more on average in property year, they made a commitment "It's going to be much more hired for the department, j taxes. not to change the rate this year challenging next year," he said, according to Bonczek's plan. City Manager Stephen Bon- and this proposed budget adding that the city still has to Instead, he will reassign 25 §� czek is depending on the 7.75 reflects that commitment, he complete such capital improve- employees to the new depart- percent increase in homestead said. ment projects as the widening of ment, including his administra- , tEh _ values, along with some money Bonczek expressed concern Concord Road and the extension tive assistant, Kyle Hayes, who F from the city's reserve funds, to that the city's rising debts could of Folsom Road. will oversee its operations. help pay for next year's budget, prove to be a bigger hurdle in "If we do that,that's going to ...os.�,.... which he will unveil at 1:30 p.m. 2001. increase debt service and where BUDGET, back page Dameon Runnels/The Enterprise . City manager proposes several BUDGET department realignments to improve services • Continued from page I dependents by $12 per month. The dental rate for employees Bonczek also is proposing with or without dependents several other department would increase by $2.49 a realignments. which he says month. account for other major fund- "The city continues to pay ing changes in his proposed approximately 88 percent of the budget compared to the current total costs,"he said. year. Bonczek also is recommend- For example, Central Ser- ing that the city use a little vices' budget increases by 88 more than $1 million from its percent because it would be general fund balance to cover getting computer services .rom several new expenses including: the Finance Department and ♦ $250,000 that was lost due convention facilities from Com- to this month's sales tax holiday rnunity Services. Those two ♦ $265,000 to maintain the departments' budgets are city's permit to discharge storm reduced accordingly. water into the Neches River and Bonczek said he didn't pro- Hillebrandt Bayou pose the realignments as cost- ♦ An undetermined amount saving moves; instead, the pur- of money that would be used as pose is to better serve the public. a one-time incentive for"high- "I think it will be an admin- achieving" employees. The istrative structure that will be incentives would increase the more focused and more efficient salaries of the high achievers by in delivering services,"he said. 1 percent. There are 1,383 city Bonczek also plans to tackle employees. the city's rising cost of health Bonczek said the amount of insurance. in his proposed bud- money to be spent on the salary get by increasing fees for bonus would depend on how • employees. much is available at the end of "While the cost of providing the first six months of fiscal medical and dental insurance year 2000. has increased significantly, the "If we all work hard and employee's contribution has look for ways to save money ` increased slightly since Octob,_r and if we have our fingers 1998,"Bonczek says in his bud- crossed, we'll do fine,"Bonczek get report to the City Council. said. The city manager proposes to The date and time for the increase the contribution rate required public hearing on the it for medical coverage for budget will be announced at employees with one or more today's City Council meeting. •