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HomeMy WebLinkAboutPACKET NOV 7 2006 • City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 7, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve compensation for the City Manager B) Approve compensation for the City Attorney C) Authorize the City Manager to enter into a contract with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program • A November 7, 2006 Approve compensation for the City Manager The City Manager,Kyle Hayes,will receive a 3.5%increase to base wages which will be$12,118.13 per month. The City of Beaumont will make an annual contribution of$15,000 to the International City/County Management Association's Deferred Compensation Program. The City Manager will continue to receive a car allowance of$583.33 per month and a cell phone allowance of$30 per month. All other benefits extended to civilian employees will continue to be provided as well. The compensation will be effective on November 7, 2006. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective November 7, 2006, the base wages of the City Manager, Kyle Hayes, will be $12,118.13 per month. A car allowance will be $583.33 per month. A cell phone allowance will be $30 per month. The City of Beaumont will make an annual contribution of $15,000 to the International City/County Management Association's Deferred Compensation Program. NOTWITHSTANDING the foregoing compensation and benefits, all other terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - 0 B November 7,2006 Approve compensation for the City Attorney The City Attorney, Tyrone Cooper, will receive a 3.5% increase to base wages which will be $10,224.94 per month. The City of Beaumont will make an annual contribution of$15,000 to the International City/County Management Association's Deferred Compensation Program. The City Attorney will continue to receive a car allowance of$583.33 per month and a cell phone allowance of$30 per month. All other benefits extended to civilian employees will continue to be provided as well. The compensation will be effective on November 7, 2006. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective November 7, 2006,the base wages of the City Attorney, Tyrone E. Cooper, will be $10,224.94 per month. A car allowance will be $583.33 per month. A cell phone allowance will be $30 per month. The City of Beaumont will make an annual contribution of $15,000 to the International City/County Management Association's Deferred Compensation Program. NOTWITHSTANDING the foregoing compensation and benefits, all other terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - C MAW .. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: November 7, 2006 AGENDA MEMO DATE: October 19, 2006 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a contract with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program. RECOMMENDATION Administration recommends authorizing the City Manager to enter into a contract with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program. BACKGROUND The Beaumont Police Department has participated in the Texas Tobacco Prevention Initiative Community Law Enforcement Program for the past 5 years. This program targets establishments that sell tobacco to minors through inspections and controlled buys. These efforts have resulted in increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the area and statewide. These programs are required for the State of Texas to continue receiving certain types of federal funding which is based upon statewide tobacco law compliance. BUDGETARY IMPACT An additional $7000 in funding for tobacco law compliance enforcement with no cash match. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - �Q.`tE Off, x y CENTER FOR SAFE COMMUNITIES & SCHOOLS H � � _ TEXAS STATE UNIVERSITY-San Marcos FY2007 CONTRACTOR INFORMATION 1) AGENCY NAME: City of Beaumont 1a) DEPARTMENT NAME: Beaumont Police Department 2) MAILING Address Information (include mailing address, street, city, county, state and zip code): 255 College Beaumont, Texas 77701 3) PAYEE Mailing Address (if different from above): 4) Federal Tax ID No. (9 digit) or State of Texas Comptroller Vendor ID No. 74-6000278 5) TYPE OF ENTITY (check all that apply): X City ❑ Community-Based Organization ❑County ❑ Individual ❑ Nonprofit Organization ❑ School District ❑ For Profit Organization ❑ Other (specify): 6) PROPOSED CONTRACT PERIOD: Start Date: End Date: October 16, 2006 Au ust 31, 2007 7) COUNTIES/AREA SERVED: Cit of Beaumont 8) AMOUNT OF CONTRACT: 9) PROJECT CONTACT PERSON $7,000 10) FINANCIAL OFFICER Name: Lt. Jeffery Skinner Name: A(ctX Dvpjq,.f- Phone: 409.880.3801 Address: B o l f Fax: 409.880.3844 tr)a;r Bea,.,wi,.r-�� X 77�0 E-mail: iskinner(cD-ci.beaumont tx us Fax:q-vq Phone: g. 490.3112- moo• 3X69 11) AUTHORIZED REPRESENTATIVE E-mail: m u IGn-�@G. ` a Uq+,- , �S Name: )(y It H4 y e s 12) SIGNATURE OF AUTHORIZED REPRESNTATIVE Address: gol AA►n 13"VjAt,,v\*j_FX7-»o1 40 Phone: ¢o?, $80 - 371( 13) DATE Fax: '1V5 . t8V 3ri.:2_ I E-mail: kAA eS 0 c�. beAtAwty k� �S EXHIBIT "A" AGREEMENT BETWEEN UNIVERSITY AND CONTRACTOR This Agreement between University and Contractor ("Agreement") is made and entered into effective as of October 16. 2006 (the "Effective Date"), by and between Texas State University-San Marcos, an agency and institution of higher education organized under the laws of the State of Texas ("University"), and City of Beaumont (Police Department) ("Contractor"). University and Contractor hereby agree as follows: 1. Scope of Work. a. The scope of the work ("Work") is set forth in Exhibit A attached and incorporated for all purposes. The schedule ("Schedule") for the Work is set forth in Exhibit B attached and incorporated for all purposes. b. Upon execution of this Agreement, all services previously performed by Contractor on behalf of University and included in the description of the Work, shall become a part of the Work and shall be subject to the terms and conditions hereof. C. Contractor shall obtain and make payment for any and all approvals, licenses, filings, registrations and permits required by federal, state or local law for the performance of the Work. d. If the Work includes providing any designs, drawings, specifications or information of any kind ("Work Product") for the use of others in the preparation, construction, manufacture, fabrication, installation, or purchase of any items described by the Work Product, then Contractor and University shall mutually agree on a cost for such items ("Budget") prior to the commencement of the Work if such items are not included in the Contract Amount (defined in Exhibit C). The performance of the Work by Contractor shall be responsive to and in conformance with the Budget. If the costs, as bid or negotiated, exceed the Budget, University shall have the option to: (1) authorize an increase in the Budget; (2) authorize rebidding or negotiation; (3) authorize revisions to the Work Product at no additional cost to University. If University selects option (3), Contractor will without additional compensation and in a prompt and timely manner, revise its Work Product to achieve a cost that is within the Budget. The foregoing shall be in addition to, and not in lieu of, any remedies that University may have at law or in equity. e. University shall provide Contractor with a program ("Program") which includes University's requirements for the Work or for work by others which utilizes Contractor's Work Product. The Program may be a series of documents or other communications. Contractor shall, at all times, conform its Work to the requirements of the Program and to any other requirements of University. 1 2. The Proiect. The Work, as more particularly set forth in Exhibit A, shall be provided in connection with the department's request and all other related, necessary and appropriate services (the "Project"). 3. Time for Commencement and Completion. The term of this Agreement shall commence on the Effective Date and terminate upon August 31, 2007. It is understood that time is of the essence with regard to this Agreement and that Contractor shall complete all authorized Work to the satisfaction of University in accordance with the Program and the Schedule, and in a minimum of time consistent with the highest customs, standards, and practices of Contractor's business or profession. University shall have no obligation to accept late performance or to waive timely performance by Contractor. 4. Contractor's Duties and Representations. a. Notwithstanding anything to the contrary contained in this Agreement, University and Contractor agree and acknowledge that University is entering into this Agreement in reliance on Contractor's special and unique knowledge and abilities with respect to performing the Work. Contractor accepts the relationship of trust and confidence established between it and University by this Agreement. Contractor covenants with University to use its best efforts, skill, judgment, and abilities to perform the Work and to further the interests of University in accordance with University's requirements and procedures, in accordance with the highest standards of Contractor's profession or business and in compliance with all applicable national, federal, state and municipal, laws, regulations, codes, ordinances and orders and with those of any other body or authority having jurisdiction. Contractor warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Work. b. Contractor warrants, represents, covenants, and agrees that all of the Work to be performed by Contractor under or pursuant to this Agreement shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving an undertaking such as the Project. C. Contractor warrants, represents, covenants, and agrees that the Work will be accurate and free from any material errors. Contractor's duties as set forth herein shall at no time be in any way diminished by reason of any approval by University nor shall Contractor be released from any liability by reason of such approval by University, it being understood that University at all times is ultimately relying upon Contractor's skill and knowledge in performing the Work. 2 d. Contractor warrants, represents, covenants, and agrees g to maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Agreement. The Contractor warrants, represents, covenants, and agrees that all persons connected with the Contractor directly in charge of the Work are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction, if so required by such laws, rules and regulations. Contractor shall assign to University a designated representative who shall be responsible for the administration and coordination of the Work. Contractor represents and agrees to furnish efficient business administration and coordination and perform the Work in an expeditious and economical manner consistent with the interests of University. e. Contractor warrants, represents, covenants, and agrees to call to University's attention all information in any reports, studies, plans, drawings, specifications, lists, computations, art work, sketches, models, data, photographs, tapes, renderings, publications, instructions, information, requirements, procedures and all other documentation and materials supplied to Contractor (by University or any, other party) which it regards in its opinion as unsuitable, improper or inaccurate in connection with the purposes for which such documentation or material is furnished. Nothing shall excuse or detract from Contractor's responsibilities or obligations hereunder in a case where such documentation or material is furnished, unless Contractor advises University in writing that in its opinion such documentation or material and any requests made therein for action are unsuitable, improper or inaccurate and University confirms in writing that it wishes Contractor to proceed in accordance with the documentation and material as originally given. f. Contractor warrants, represents, covenants and agrees that it shall, at its own cost, correct any defects in the Work as soon as is practical after Contractor becomes aware of such defects or is notified of such defects. Should Contractor refuse or neglect to make good such defects within a reasonable time after receiving notice requesting such remedial work, then University,shall be entitled to make good such defective Work at the expense of Contractor. This commitment by Contractor is in addition to, and not in substitution for, any other remedy for defective Work which University may have at law or in equity. g. Contractor warrants, represents, and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas,that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Agreement, and the individual executing the Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor; or a if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership 3 power, and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations hereunder; and the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor. h. Neither the execution and delivery of this. Agreement by Contractor nor the performance of its obligation hereunder will result in the violation of any provision, if a corporation, of Contractor's articles of incorporation or by-laws, if a limited liability company, of its articles of organization or regulations, or if a partnership, by any partnership agreement by which Contractor is bound, or any agreement by which Contractor is bound or to the best of Contractor's knowledge and belief will conflict with any order or decree of any court or governmental instrumentality relating to Contractor. i. Except for the obligation.of University to pay Contractor certain fees and expenses pursuant to the terms of this Agreement, University shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of University to Contractor, no present. or future partner or affiliate of University or any agent, officer, director, employee, or regent of University, The Texas State University System, or of the components comprising The Texas State University System, or anyone claiming under University has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. 5. The Contract Amount. a. So long as Contractor has provided University with its current and accurate Federal Tax Identification Number in writing, University shall pay Contractor in current funds for the performance of the Work, subject to adjustments, additional services and reimbursable expenses, if any, as set forth in Exhibit C. b. The Contract Amount includes any applicable federal, state or local sales or use tax payable on this transaction. 4 6. Payment Terms. a. Prior to ten (10) days before the end of each calendar month during the term of this Agreement, Contractor shall submit to University an application for payment (each a "Progress Payment") covering the services performed for University to that date, in accordance with Exhibit C, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that University may reasonably require to support the amount requested and to be submitted. University will, within thirty (30) days from the date it receives such application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if University approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If University disapproves any amount requested by Contractor, University shall give Contractor specific reasons for its disapproval in writing. b. The cumulative amounts of all Progress Payments and the Final Payment (defined below) shall not exceed the Contract Amount as more particularly set forth in Exhibit C. C. Within ten (10) days after final completion of the Work and acceptance thereof by. University or as soon thereafter as possible, Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by University, University shall pay ("Final Payment") to Contractor the amount due under such Final Request. d. Any provision hereof to the contrary notwithstanding, University shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to Contractor hereunder if any one or more of the following conditions precedent exist: (1) Contractor is in breach or default under this Agreement; or (2) Any part of such payment is attributable to Work which is not performed in accordance with this Agreement; provided, however, such payment shall be made as to the part thereof attributable to Work which is performed in accordance with this Agreement. e. No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the Work to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto. f. The acceptance of Final Payment shall constitute a waiver of all claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of the Final Request for payment. g. University shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefor, by (1) inspecting the books and records of Contractor at mutually convenient times; (2) 5 examining any reports with respect to the Project; (3) interviewing Contractor's employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action. 7. Ownership and Use of Documents. a. All drawings, specifications, computations, sketches, data, photographs, tapes, renderings, models, publications, and other materials particular to the Work prepared by Contractor or Contractor's contractors and subcontractors ("Work Material"), are the property of University and for its exclusive use and re-use at any time without further compensation and without any restrictions. b. Except for such Work Material which is intended to be made public as part of the Project, Contractor shall treat all such Work Material as confidential, and Contractor shall neither use any such Work Material or copies thereof on other work nor disclose such material or information to any other party without University's prior written approval. 8. Default and Termination. a. In the event of a material failure by a party hereunder to perform in accordance with the terms hereof, the other party may terminate this Agreement upon fifteen (15) days' written notice of termination setting forth the.nature of the failure (the termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period), provided that, said failure is through no fault of the terminating party. b. University may, without cause, terminate this Agreement at any time upon giving seven (7) days' advance notice to Contractor. Upon termination pursuant to this Section, Contractor shall be entitled to payment of such amount as shall compensate Contractor for the services satisfactorily performed from the time of the last payment date to the termination date in accordance with this Agreement, provided that, Contractor shall have delivered to University such statements, accounts, reports and other materials as required by Section 8.d., and provided that, Contractor shall have delivered to University all reports, documents and other materials prepared by Contractor prior to the termination date. Notwithstanding any provision in this Agreement to the contrary, University shall not be required to pay or reimburse Contractor for any services performed or expenses incurred by Contractor after the date of the termination notice which could have been avoided or mitigated by Contractor. C. Termination under Sections 8.a. or 8.b. shall not relieve Contractor or any of its employees from liability for violations of this Agreement or any other act or omission of Contractor. The provisions of Sections 6.g., 9., 12.m., and 12.p. shall survive the termination of this Agreement. In. the event of a termination under Sections 8.a. or 8.b., Contractor hereby consents to employment by University of a substitute contractor to complete the Work under this Agreement, with the substitute contractor having all rights and privileges of the original contractor for 6 the Project. If Contractor is terminated pursuant to Section 8.a., and the cost to complete the Work exceeds the remaining balance of the Contract Amount as more particularly set forth in Exhibit C, then Contractor shall be liable to University and shall reimburse University on demand for the amount of such excess. d. As of the termination date of this Agreement, Contractor shall furnish to University all statements, accounts, reports, and other materials as are required hereunder or as have been prepared by Contractor in connection with its responsibilities hereunder. University shall have the right to use the ideas and designs therein contained for the completion of the Work or otherwise. In the event of termination of this Agreement or upon completion of the Work, University may, at all times, retain the originals of all such lists, publications, data, drawings, originals of renderings, special art work, or models. All such lists, publications, data, drawings, plans, specifications, renderings, models and other information are the property of University as described in Section 12.m. of this Agreement. They are not to be used by any person other than University on .other projects unless expressly authorized by University in writing. e. If Contractor fails to cure any default hereunder within fifteen (15) days after receiving written notice of such default, University shall be entitled (but shall not be obligated) to cure any such default and shall have the right to offset against all amounts due to Contractor hereunder, any and all reasonable expenses incurred in connection with such curative actions. 9. Indemnification. a. TO THE FULLEST. EXTENT PERMITTED BY LAW, CONTRACTOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, AND HOLD HARMLESS UNIVERSITY AND THE TEXAS STATE UNIVERSITY SYSTEM, AND THEIR RESPECTIVE AFFILIATED ENTERPRISES, REGENTS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND OTHER CLAIMS OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY "CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, CAUSED BY, OR RESULTING FROM CONTRACTOR'S PERFORMANCE UNDER THIS AGREEMENT AND WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT, NEGLIGENT OMISSION OR WILLFUL MISCONDUCT OF CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CONTRACTOR OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE LIABLE. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH ANY INDEMNITEE HAS BY LAW. b. IN ADDITION, CONTRACTOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL- APPROVED BY 7 UNIVERSITY, AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST ALL CLAIMS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY INTEREST ARISING BY OR OUT OF THE PERFORMANCE OF SERVICES OR THE PROVISION OF GOODS BY CONTRACTOR PURSUANT TO THIS AGREEMENT, OR THE USE BY CONTRACTOR, OR BY INDEMNITEES AT THE DIRECTION OF CONTRACTOR, OF ANY ARTICLE OR MATERIAL; PROVIDED, THAT, UPON BECOMING AWARE OF A SUIT OR THREAT OF SUIT FOR SUCH INFRINGEMENT, UNIVERSITY SHALL PROMPTLY NOTIFY CONTRACTOR AND CONTRACTOR SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT. CONTRACTOR DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF UNIVERSITY'S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, UNIVERSITY AGREES TO COOPERATE REASONABLY WITH CONTRACTOR AND ALL PARTIES SHALL BE ENTITLED, IN CONNECTION WITH. ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE. C. The indemnities contained herein shall survive the termination of this Agreement for any reason whatsoever. 10. Limitation of Liability;No Consequential Damages a. Except with respect to any obligations pursuant to Section 9 or University's compensation obligations set forth in the Agreement, neither party will have liability relating to this Agreement in an amount that exceeds the fees Contractor will receive from the University under this Agreement or for any special, consequential, incidental or exemplary damages or loss (nor any lost profits, savings or business opportunity). 11. Independent Contractor. Contractor recognizes that it is engaged as an independent contractor and acknowledges that University shall have no responsibility to provide vacation, insurance or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither.hold itself out as nor claim to be an officer, partner, employee or agent of University by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of University, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law. 8 12. Insurance. a. Contractor, consistent with its status as an independent contractor, shall carry at least the following insurance in such form, with such companies and in such amounts (unless otherwise specified) as University may require: (1) Director and Officer Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) on an occurrence basis; (2) Workers' Compensation Insurance with statutory limits, and Employer's Liability Insurance with limit of not less than One Million Dollars ($1,000,000) per accident or disease. Policies must include All States Endorsement and a waiver of all rights of subrogation and other rights against the University; (3) Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal and Advertising Injury, Completed Operations/Products Liability, Medical Expenses, Interest of Employees as additional. insureds and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) per occurrence on an occurrence basis; and (4) Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. b. Contractor shall deliver to University: (1) Evidence satisfactory to University in its sole discretion, evidencing the existence of all such insurance promptly after the execution and delivery hereof and prior to the performance or continued performance of any services to be performed by Contractor hereunder from or after the date of this Agreement; and (2) Additional evidence, satisfactory to University in its sole discretion, of the continued existence of all such insurance not less than thirty (30)days prior to the expiration of any such insurance. If, however, Contractor fails to pay any of the renewal premiums for the expiring policies, University shall have the right to make such payments and set-off the amount thereof against the next payment coming due to Contractor under this Agreement. Such insurance policies, with the exception of Workers' Compensation and Employer's Liability, shall name and such evidence shall reflect University as an Additional Insured and shall provide that the policies will not be canceled until after thirty (30) days' unconditional written notice to University, giving University the right to pay the premium to maintain coverage, in which event Section 11.b.(2) shall apply. 9 C. The insurance policies required in this Agreement shall be kept in force for the periods specified below: (1) Director and Officer Liability Insurance, Employer's Liability Insurance, Commercial General Liability Insurance and Comprehensive Automobile Liability Insurance shall be kept in force until receipt of Final Payment by Contractor; and (2) Workers' Compensation Insurance shall be kept in force until the Work has been fully performed and accepted by University in writing. 13. Miscellaneous. a. Assignment. This Agreement is a personal service contract for the services of Contractor, and Contractor's interest. in this Agreement, duties hereunder and/or fees due hereunder may not be subcontracted, assigned or delegated to a third party, in whole or in part, and any attempt to do so shall be void and of no effect. The benefits and burdens of this Agreement are, however, assignable by University. b. Texas Family Code Child Support Certification. Pursuant to Section 231.006, Texas Family Code., Contractor certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may,, be terminated and payment may be withheld if this certification is inaccurate. c. Eligibility Certification. Pursuant to Section 2155.004, Texas Government Code, Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. d. Franchise Tax Certification. A corporate or limited liability company Contractor certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited Liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable. e. Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, Contractor agrees that any payments owing to Contractor under this Agreement may be applied directly toward any debt or delinquency that Contractor owes the State of Texas or any agency of the State of Texas regardless of when it arises,.until such debt or delinquency is paid in full. f. Products and Materials Produced in Texas. Contractor covenants and agrees that as required by Section 2155.4441, Texas Government Code, in performing 10 the Work and its other duties and obligations under this Agreement, the Contractor shall purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas. g. Loss of Funding. Performance by University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature") and/or allocation of funds by the Board of Regents of The Texas State University System (the "Board"). If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then University shall issue written notice to Contractor and University may terminate this Agreement without further duty or obligation hereunder. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of University. h. Entire Agreement; Modifications. This Agreement supersedes all prior agreements, written or oral, between Contractor and University and shall constitute the entire agreement and understanding between the parties with respect to the subject matter hereof. This Agreement and each of its provisions shall be binding .upon the parties and may not be waived, modified, amended or altered except by a writing signed by_University and Contractor. i. Force Majeure. Neither party hereto shall be liable or responsible to the other for any loss or damage or for any delays or failure to perform due to causes, beyond its reasonable control including, but not limited to, acts of God, strikes, epidemics, war, riots, flood, fire, sabotage, or any other circumstances of like character. Provided, however, Contractor shall be liable and responsible to University for all loss and damage suffered by University for any and all delays in performance of or failures to perform Contractor's duties and obligations under the terms of this Agreement which are directly or indirectly related to the Year 2000 Problem. j. Captions. The captions of sections and subsections in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. k. Governing Law. This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas. I. Waivers. No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained. 11 M. Proprietary Interests; Confidentiality. Contractor agrees that all reports, studies, plans, models, drawings, specifications, and any other information or data of any type relating to.its activities hereunder, whether or not any of the same is accepted or rejected by University, shall remain the property of University and shall not be used or published by Contractor or any other party without the express prior consent of University. In implementation of the foregoing, Contractor hereby grants and assigns to University all rights and claims of whatever nature and whether now or hereafter arising in and to any and all of such reports, studies, plans, models, drawings, specifications, and other information or data and shall cooperate fully with University in any steps University may take to obtain copyrights, trademark or like protections with respect thereto. All information owned, possessed or used by University.which is communicated to, learned, developed or otherwise acquired by Contractor in the performance of services for University, which is not generally known to the public, shall be confidential and Contractor shall not, beginning on the date of first association or communication between University and Contractor and continuing through the term of this Agreement and any time thereafter, disclose, communicate or divulge, or permit disclosure, communication or divulgence, to another or use for Contractor's own benefit or the benefit of another, any such confidential information, unless required by law. Except when defined as part of the Work, Contractor shall not make any press releases,public statements, or advertisement referring to the Project or the engagement of Contractor as an independent contractor of University in connection with the Project, or release any information relative to the Project for publications, advertisement or any other purpose without the prior written approval of University. Contractor shall obtain assurances similar to those contained in this Section from persons,, contractors, and subcontractors retained by Contractor. Contractor acknowledges and agrees that a breach by Contractor of the provisions hereof will cause University irreparable injury and damage. Contractor, therefore, expressly agrees that University shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to . prevent or otherwise restrain a breach of this Agreement. n. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted assigns and successors. o. Appointment. University hereby expressly reserves the right from time to time to designate by notice to Contractor a representative to act partially or wholly for University in connection with the performance of University's obligations hereunder. Contractor shall act only upon instructions from such representative unless otherwise specifically notified to the contrary. P. Records. Records of Contractor's costs, reimbursable expenses pertaining to the Project and payments shall be available to University or its authorized representative during business hours and shall be retained for four (4) years after final Payment or abandonment of the Project, unless University otherwise instructs Contractor in writing. 12 q. Notices. All notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to University: Florence C. Raymond Center for Safe Communities & Schools 350 N. Guadalupe Suite 140, PMB 164 San Marcos, Texas 78666 with copy to: Teresa Carey IP Contract Specialist Texas State University-San Marcos 601 University, JCK 420 San Marcos, Texas 78666 If to Contractor: Lt. Jeffrey Skinner City of Beaumont (Police Department) 255 College Beaumont, Texas 77701 or such other person or address as may in Y be given writing by either party to the other in accordance with the aforesaid. r. Severability. In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein. S. Enforcement. It is acknowledged and agreed that Contractor's services to University are unique, which gives Contractor a peculiar value to University and for the loss of which University cannot be reasonably or adequately compensated in damages; accordingly, Contractor acknowledges and agrees that a breach by Contractor of the provisions hereof will cause University irreparable injury and damage. Contractor, therefore, expressly agrees that University shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Agreement, but only if University is not in breach of this Agreement. t. Dispute Resolution. (1) To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 shall be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 13 (A) Contractor's claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor shall submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The Chief Business Officer of University, or such other officer of University as may be designated from time to time by University by written notice thereof to Contractor in accordance with the notice provisions in this Agreement, shall examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve such claims. (B) If the parties are unable to resolve their disputes under'subparagraph (A) of this Section, the.contested case process provided in subchapter C of Chapter 2260 is Contractor's sole and exclusive process for seeking a remedy for any and all of Contractor's . claims for breach of this Agreement by University. (C) Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. The parties hereto specifically agree that (i) neither the execution of this Agreement by University nor any.other conduct, action or inaction of any representative of University relating to this Agreement .constitutes or is intended to constitute a waiver of University's or the state's sovereign immunity to suit and (ii) University has not waived its right to seek redress in the courts. (2) The submission, processing and resolution of Contractor's claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter .2260, as currently effective, hereafter enacted or subsequently amended. (3) Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of a claim constitute grounds for the suspension of performance by Contractor, in whole or in part. University and Contractor agree that any periods set forth in this Agreement for notice and cure of defaults are not waived. U. Records. Records of Contractor's costs, reimbursable expenses pertaining to the Project and payments shall be available to University or its authorized 14 representative during business hours and shall be retained for four (4) years after final Payment or abandonment of the Project, unless University otherwise instructs Contractor in writing. V. Notices. All notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the.provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: IN WITNESS WHEREOF, University and Contractor have executed and delivered this Agreement as a sealed instrument effective as of the Effective Date. UNIVERSITY: CONTRACTOR: Texas State University-San Marcos City of Beaumont(Police Department) Signature Signature: Name: Name: Title: Title: Date: Date: Attach: EXHIBIT A- Scope of Work EXHIBIT B - Schedule EXHIBIT C - Payment for Services 15 EXHIBIT A SCOPE OF WORK The Contractor shall diligently render the following performance: Contract funds shall be used to support the enforcement, community education/training, reporting activities and additional programs requirements outlined in 1-4 of Exhibit A, Scope of Work. Contractor shall meet the assigned minimum performance measures assigned in Exhibit B. 1. Enforcement Activities Contractor shall conduct: • Tobacco education to retailers for the sole purpose of reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161- Subchapters H, K, and N, and Tax Code, Chapter 154. • On-site compliance inspections of tobacco retailers, not using minors as decoys, that may result in the issuance of warnings and/or citations for violations in accordance with the Health and Safety Code, Chapter 161 - Subchapters H and K, and Tax Code violations, Chapter 154. • On-site controlled buys/stings of tobacco retailers using minors as decoys, to determine compliance with applicable laws in accordance with Health and Safety Code, Chapter 161-Subchapter H. • Follow-up inspections of retail outlets found to be in violation of state and local laws. Follow-up inspections shall be conducted within two to ten (2-10) days of original inspection and in the same manner as the original inspection. • Enforce state tobacco possession laws for minors (MIP), tobacco possession on school property, at school events, and providing tobacco to a minor in accordance with Health and Safety Code 161- Subchapter N. • Follow up on complaints received regarding retailer and/or other violations received on the state's 1-800 tobacco hotline. • Enforce local ordinances governing smoking and environmental tobacco smoke. If the enforcement of local ordinances is dictated by ordinance to another agency, Contractor can assist by including information on local ordinances as part of their education efforts, and by acting as a conduit to report the activities of the other agency as they relate to local tobacco ordinance enforcement. Contractor shall base the selection of retailers for controlled buys and inspections on the most recent list from the State Comptroller of Public Accounts, and from local historical perspective of previous sales to minors. I 2. Community Education/Training Activities Contractor shall: • Conduct a minimum of one-judicial/court personnel training session in the city and/or the county • Send a minimum of two (2) agency representatives to a training session in the Texas Tobacco Prevention Initiative area. Representatives shall include the person(s) assigned to the implementation of the contract activities, and/or the line supervisor overseeing the day-to-day activities of this contract, and the person(s) conducting the enforcement and community education activities outlined in the scope of work. • Send a minimum of one (1) agency representative to the annual statewide Teen Tobacco Summit and Comprehensive Tobacco Prevention Conference in July 2007. Contract funds may be used for the cost of registration, transportation, lodging and meals to attend the conference. • Participate in any and all ongoing technical assistance and training activities offered by the Center for Safe Communities & Schools (CSCS), Texas State University-San Marcos. 3. Additional Program Requirements Contractor shall: • Ensure that contract activities are designed to serve diverse and high-risk priority populations which use tobacco products and/or which are targeted for tobacco marketing and promotion at a statistically higher rate than the general population. • Participate as a member of the local tobacco-control coalition, if one exists, as one component of a comprehensive tobacco program. • Coordinate activities with other law enforcement agencies in the area that are receiving funds for tobacco enforcement activities from other state agencies. Activities shall include coordination of retail inspections, coordination of public education activities, and the determination and agreement of jurisdictional lines/boundaries. • Cooperate with researchers contracted by Department of State Health Services (DSHS), to evaluate overall effectiveness of the Texas Tobacco Prevention Initiative, and the current capacity of funded entities to implement tobacco-related initiatives. • Contractor shall use all DSHS logos and messages such as DUCK "Tobacco is Foul", "Worth It", "Yes, you can!", Mi familia no fuma, and Share Air images without any modification. • Assign a minimum of one (1) agency representative to the implementation of the activities of this contract, and provide the name(s) of any key personnel changes that impact the requirements of this contract. 4. Reporting Requirements: Contractor shall: Submit a monthly activity summary report for the enforcement and community education/training activities conducted, using the appropriate reporting forms provided by the Center for Safe Communities & Schools, Texas State University-San Marcos. For enforcement activities, the monthly activity summary report shall include the number of compliance inspections, controlled buy/stings, follow-up inspections, and Minor in Possession (MIP) citations issued. For retailer education, the monthly activity summary report shall include the name and address of each retail outlet receiving training and the number of clerks/employees attending the training. For the judicial/county personnel training, the monthly activity summary report shall include the date and location of training, number of judicial/court personnel attending the training, and a training agenda with topics covered. • The monthly activity summary report shall be submitted to CSCS by the 10th of the month for activities of the previous month. The report may be mailed or faxed to the Center for Safe Communities & Schools, 350 N. Guadalupe— Suite 140, PMB 164, San Marcos, Texas 78666. Fax# 512.245.1465 • The original Compliance Inspection and Controlled Buy/Sting forms shall be mailed to Texas STEP, 1700-A Ranch Road 12, Suite 218, San Marcos, Texas 78666, as required by law, (Health & Safety Code, Section 161.090 Reports of Violation) by the 10th working day of the month for activity of the previous month. 0 Contractor shall maintain specific, detailed documentation of all education, enforcement and training activities reported and funded under this contract. EXHIBIT B SCHEDULE Performance Measures The following performance measures will be used to assess the effectiveness in providing the services described in Exhibit A without waiving the enforceability of any of the other terms of the contract. The minimum number of activities shall include the following: Enforcement Activities: • Number of tobacco retailers receiving education: 35 • Number of compliance inspections not using minors as decoys: 85 • Number of controlled buys using minors as decoys: 36 Community Education/Training Activities: • Number of judicial/court personnel training sessions: 1 • Number of agency representatives attending a training session in the Texas Tobacco Prevention Initiative are: 2 • Number of agency representatives attending the annual Teen Tobacco Summit and Comprehensive Tobacco Prevention Conference in July 2007: 1 A performance measure will not be assigned for Minor in Possession (MIP) citations. However, contractor is required to include issuance of Minor in Possession citations as part of the enforcement effort. A performance measure will not be assigned for follow-up inspections of retail outlets in violation of state and/or local laws. However, contractor is required to conduct follow-up inspections of retail outlets not in compliance. • tt7 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 7, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda • GENERAL BUSINESS 1. Consider approving the third reading of an ordinance adopting an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties rights to resolve an issue regarding the timing of franchise payments 2. Consider accepting the Grand Recap of the tax roll for the tax year 2006 (Fiscal Year 2007) 3. Consider authorizing the City Manager to sign an agreement with North Star Destination Strategies to develop a"Community BrandPrint" 4. Consider authorizing the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept a grant to assist in the repair of residential structures damaged by Hurricane Rita 5. Consider approving the purchase of eight(8)LifePak 12 defibrillators to be used on the City's EMS ambulances • 6. Consider approving a total payment of$25,000 to the Bracewell& Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and state level 7. Consider approving a contract for the construction of the Central Park Community Center WORKSESSION * Receive a status report related to high grass, litter,junk motor vehicles and dilapidated structures COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Entergy Gulf States, Inc.'s Application for Determination of Hurricane Reconstruction Costs, Public Utility Commission Docket No. 32907 * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 November 7, 2006 Consider approving the third reading of an ordinance adopting an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise payments City UP, of Beaumont Council Agenda Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 2, 2006 REQUESTED ACTION: Council to consider the third reading of an ordinance adopting an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise p a Y ments. RECOMMENDATION Administration recommends approval of an ordinance amendment to Ordinance No.04-058 adopted on September 28, 2004 granting to Entergy Gulf States, Inc. and electric franchise which provides compensation for the use of the City's streets, alleys and rights-of-way by Entergy Gulf States, Inc. and authorizing the City Manager to execute an agreement with Entergy Gulf States,Inc.,reserving an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise agreement in 2017. BACKGROUND The City of Beaumont and Entergy Gulf States,Inc. entered into an electric franchise agreement on September 28, 2004 which provided for the accelerated expiration of the then existing franchise ordinance and granted a new franchise which included a different method of compensation to the City. This new agreement became effective February 1, 2006. The old agreement provided for payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for compensation based upon a calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered to retail customers within the City of Beaumont. These payments historically have been made on the first day of August of each year for the twelve-month period prior to the payment. Because of the acceleration of the termination of the existing agreement and the implementation of the new agreement there was a period of transition which has caused an issue between the City and the Company as to the timing of these payments. The issue is whether the TO: Kyle Hayes MEETING DATE: November 7, 2006 SUB: Amendment to Ordinance No. 04-068 MEMO DATE: November 2, 2006 Pa Re 2/2 August payments were a prepayment in advance,which is the position of the Company,or a payment in "arrears" for the preceding twelve-month period before the August payment. The problem with the Company's position is that the City does not receive an annual payment for August, 2006. This translates into an estimated loss in revenue in excess of Three-Million($3,000,000)Dollars. After several discussions and meetings, the parties have agreed to resolve the issue with the Company continuing to make the annual payment on August 1 of each year beginning August, 2006; and reserving the issue as to whether the payment is a prepayment or payment in arrears until the year 2017, which is before the end of the term of the contract in 2018. This reservation would take the form of a letter agreement between the parties executed by the City Manager as authorized by the City Council. BUDGETARY IMPACT This amendment resolving the franchise annual payment issue should result in a payment in excess of Three-Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by Entergy Gulf States, Inc. PREVIOUS ACTION Ordinance No. 04-068 dated September 28,2004;first reading of amendment,September 19,2006, and second reading, October 10, 2006, prior to final passage. SUBSEQUENT ACTION RECOMMENDED BY City Manager and City Attorney. ORDINANCE NO. 06-058 ENTITLED AN ORDINANCE AMENDING FRANCHISE NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC.; PROVIDING FOR AN ANNUAL PAYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY GULF STATES, INC. WHEREAS, by Ordinance Number 04-068 adopted on the third and final reading on September 28, 2004 by the City of Beaumont("City"),wherein Entergy Gulf States, Inc. ("EGSI" or "Company")was granted a franchise ("Franchise"), subsequently accepted by EGSI on January 30, 2006 and made effective on February 1, 2006, to conduct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, City and Company desire to amend the Franchise by changing the payments terms: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. That Section 10 of the Franchise is hereby amended to read as follows: Section 10 The design and purpose of this franchise fee compensation clause is to establish an administratively simple uniform method of compensating the City for the use of the public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is consistent with the burdens placed on the City created by EGSI's use of the right-of-way; (5) provides fair and reasonable compensation for the use of the public right-of-way; and (6) provides a mechanism by which EGSI will remain financially whole with respect to any increases in franchise payments resulting from the implementation of this Franchise over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA,together with all associated costs and expenses, including gross receipts taxes. (Hereinafter, such incremental franchise fees and associated costs and expenses, including gross receipts taxes are referred to as "incremental amounts"). (a) Inconsideration of the right granted by the City to EGSI to use and occupy the Public Ways in the City for the conduct of its business under this agreement, the Company agrees to pay to the City franchise fees in the amount and manner described herein. Subject to any reduction in payments as provided in this section, EGSI shall pay on August 1 of each year an amount equal to a $0.0021524 charge per kilowatt hour("kWh") multiplied times the number of kilowatt hours delivered by EGSI to each retail customer whose consuming facility's point of delivery was located within the City's boundaries during the twelve month period from July 1 to June 30 preceding the August payment. It is agreed that the payment to be paid on August 1, 2006 will be paid within twenty (20) days of this Agreement being accepted by EGSI. (b) In addition to the payments set out in Subsection 10(a), and subject to the provisions of Subsection 10(g), EGSI shall pay on or before the 15th day of May, August, November and February an amount equal to a $0.0010137 charge per kilowatt hour multiplied times the number of kilowatt hours delivered by EGSI during the preceding calendar quarter ending March, June, September, and December, to each retail customer whose consuming facility's point of delivery was located within the City's boundaries. The first quarterly payment due under this subsection will be due on November 15, 2006 for the preceding quarter ending September 30.' (c) An underlying premise of this Franchise agreement and the ordinance implementing it is that the Company shall be kept financially whole with respect to any and all incremental amounts, as defined above in this Section 10. L EGSI shall collect such incremental amounts through 1) a corresponding surcharge designed to collect the incremental increases in franchise fees calculated pursuant to the rate set forth in Subsection 10(b) including any increase due to the escalator provided for in Subsection 10(I), over and above the franchise fees calculated under the previous franchise agreement, as modified by Section Prior to the passage of this Amendment, EGSI aid the incremental cremental payments owed for February 2006 through June 2006. r33.008 of the PURA, along with all applicable taxes, including gross receipts taxes("corresponding surcharge"), which surcharge shall be approved by the Public Utility Commission of Texas ("PUCT"or"Commission"), and 2) a direct payment from the City to EGSI or a reduction in franchise payments to City, as set forth below. ii. This section is intentionally left blank in that at the time of this Amendment, the Franchise and quarterly payments had already become effective. iii. In the event the Company does not collect in the corresponding surcharge all incremental amounts associated with the three-month periods corresponding with the quarterly due dates as set out in Subsection 10(b), the Company is authorized to collect such amounts not collected in the surcharge ("uncollected difference") through either direct payment by City or a reduction of franchise payments to City as provided in this Subsection. Priorto EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any uncollected difference, such 30 days to run from City's receipt of Company's written notice, which shall identify the uncollected difference, the time period over which the uncollected difference accrued and a detailed explanation of the calculations. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of the uncollected difference, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid uncollected difference not paid bythe City. EGSI is authorized to implement the procedures set forth in this Subsection periodically as EGSI, in its sole discretion, determines is necessary to recover any ongoing uncollected difference. iv. With respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, City agrees to authorize and support the approval and implementation of a monthly surcharge for both Entergy's affiliate distribution company in Texas ("DISCO") and Entergy's affiliate retail electric provider in Texas ("REP") that provides for the collection and recovery of the same amounts as are recovered through the corresponding surcharge described in Subsection 10(c). The monthly surcharge described in this subsection shall be in addition to the base rates otherwise established for DISCO or the Price to Beat rates otherwise established for the REP. v. The corresponding surcharge described in this Subsection 10(c)shall appear as a line item on EGSI's retail electric bill and identified as a "Municipal Franchise Fee." (d) In addition to the provisions of Subsection 10(c), EGSI is authorized to reduce the quarterly franchise payments by$150.00. Further, the City shall have until the latter of December 31, 2004 or 90 days after the effective date of this Franchise agreement to pay to EGSI an amount of$24,400.00 forthe cost of implementing the provisions of this Franchise agreement ("implementation costs"). In the event payment in full is not timely made, the Company is authorized to reduce subsequent franchise payments in an amount necessary to recover the entirety of the implementation costs. (e) The City shall bear the costs and expenses of all claims, challenges, and lawsuits, of either the City or EGSI, regarding the validity of the new Franchise agreement or the corresponding surcharge, regardless if such claim or challenge is brought before a regulatory authority or in a federal or state court of law, including payment of attorneys fees and costs associated with the defense to EGSI or affiliates of EGSI for any legal or regulatory challenge to the new Franchise agreement or corresponding surcharge, at the time such claim or challenge is made. The costs and expenses referred to in this Subsection include, but are not limited to: i. costs and expenses of the City, related to obtaining the corresponding surcharge; and/or ii. costs and expenses of or to EGSI, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI in the defense of such claims, challenges and lawsuits. (f) Such costs and expenses of or to EGSI, as are enumerated in Subsection 10(e) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of franchise payments as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this Subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery any ongoing expenditure of such costs and expenses. (g) Upon the occurrence of any of the following events, the franchise fee rate and quarterly payments provided for in Subsection 10(b) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the recovery of the incremental amounts through a corresponding surcharge ceases, such as (but not exclusively) through the PUCT's determination that the incremental amounts shall be recovered through the Company's base rates rather than through the corresponding surcharge; ii. the PUCT or a court of competent jurisdiction 1) finds the corresponding surcharge unlawful or otherwise prohibits the surcharge recovery of the incremental amounts; 2) finds that the franchise fees calculated under this Section 10, or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by EGSI from its customers; or 3) in some manner prevents or prohibits EGSI from recovering said incremental amounts; and, iii. with respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, EGSI or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly surcharge described in Subsection 10(c)(iv). Upon the occurrence of any of the events enumerated in Subsections 10(g) i, ii, or iii, the franchise rate effective immediately prior to the effective date of this Franchise agreement (which rate is reflected in Subsection 10(a)) shall be applicable and effective for the purpose of calculating the franchise payment under this Franchise agreement. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding surcharge unlawful or otherwise prohibits a portion of the surcharge recovery of the incremental amounts, the franchise rate and quarterly payments provided for under Subsection 10(b) shall be amended and adjusted such that the franchise payment made by the Company to the City is no greater than the amounts the company is authorized to collect through its base rates and the corresponding surcharge. Nothing in the immediately preceding sentence permits the realignment of the recovery of any portion of the incremental amounts from the corresponding surcharge to the Company's base rates, prohibited by Subsection 10(g)i. (h) If the PUCT or a court of competent jurisdiction orders EGSI to refund to customers any amounts for the franchise fees or any associated costs or expenses, including taxes, collected pursuant to this Franchise agreement, such amounts refunded shall be recovered from the City pursuant to a direct payment or a reduction of franchise payments, under the procedure set forth in Subsection 10(c)iii above. (i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff (Corresponding Surcharge) i. City agrees that (a) it will adopt and approve the corresponding surcharge approved by the PUCT and accepted by EGSI as provided herein and, if required, amend accordingly the Municipal Franchise Surcharge attached to the implementing ordinance; (b) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of EGSI's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by EGSI in the manner consistent with this agreement; (c) in the event of an appeal of any such regulatory proceeding in which the City has intervened,the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by EGSI in the manner consistent with this agreement; and (d) subsequent to this agreement becoming effective, EGSI may take whatever action with, and seek whatever approval from, the PUCT,that it deems appropriate to continue to achieve full recovery of any incremental amounts under this agreement. ii. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such incremental amounts by EGSI. iii. Neither the adoption of this Franchise, the accompanying ordinance, nor the corresponding tariff shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company is such matters, other than in requesting PUCT approval of the corresponding surcharge or in any direct court appeal of a PUCT order addressing the corresponding surcharge. (j) At the time of each payment, EGSI shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered to each retail customer whose consuming facility's point of delivery is located within the City's boundaries for the preceding calendar quarter upon which the franchise fee payment is calculated; (ii) a detailed listing of any claimed costs and expenses, including taxes, uncollected difference (not paid by City)and/or claimed refund items (all as referred to in this Section 10); and (iii) a detailed reconciliation of the quarterly franchise payment calculation. (k) All payments made under this Franchise shall be exclusive of and in addition to ad valorem taxes. Any and all such payments made by Company pursuant to this Section 10 shall be credited on any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. (1) Upon approval by the PUCT as provided herein, and beginning on the first anniversary of the effective date of this agreement and annually thereafter, EGSI shall annually adjust the total unit per kWh franchise fee rate, set forth in Subsection 10(b), by an amount to be designated in writing by the City based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code §283.055(g). The adjustment provided for in this Subsection shall become effective only upon the PUCT's approval of an equivalent adjustment to the corresponding surcharge which provides forthe Company's collection through the corresponding surcharge of the increase in the franchise payment resulting from the adjustment provided in this Subsection. The approval of the PUCT referenced in the immediately preceding sentence may be obtained contemporaneously with,and contained in,a final order approving the corresponding surcharge, subject to acceptance by the Company, in its sole discretion, as provided in Section 18(a). SECTION 2. That all provisions of the Franchise,except for Section 10 as amended herein,shall remain in full force and effect and shall not be affected by the passage of this ordinance. SECTION 3. The full text of this Franchise agreement shall, after final passage by the City Council of The City of Beaumont, be.published once each week for four(4) consecutive weeks in a newspaper of general circulation published in The City of Beaumont, and the t expense of such publication shall be borne by Company. Passed first reading on the day of 2006. Passed second reading on the_day of 2006. Passed third and final reading on the day of •2006. Passed this the day of 2006. Approved this the_day of 2006. -Mayor Guy N. Goodson - SECTION 4. This agreement shall become effective upon EGSI's acceptance, in writing (in the form provided below) of the ordinance. To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer, hereby accepts in all respects,on this the day of , 2006, Ordinance No. amending Franchise Number 04-068 granted to Entergy Gulf States, Inc. and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: 2 November 7, 2006 Consider accepting the Grand Recap of the tax roll for the tax year 2006 (Fiscal Year 2007) Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 1, 2006 REQUESTED ACTION: Accept the Grand Recap of the tax roll for the tax year 2006 (Fiscal Year 2007) with a taxable value of$4,864,220,755. 0 RECOMMENDATION Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year 2006 with a taxable value of$4,864,220,775. BACKGROUND Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. BUDGETARY IMPACT Property tax revenues in the FY 2007 Budget were calculated based on this taxable value plus $23,520,700 in minimum values omitted due to protests filed under Section 42 of the Texas Property Tax Code at a collection rate of 97 PREVIOUS ACTION On September 19, 2006 Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$4,864,220,755. There is no change in the taxable value of the Grand Recap. SUBSEQUENT ACTION None. . RECOMMENDED BY City Manager and Chief Financial Officer. 10/10/200605:52 SEQUENCE: 291634 TAX COLLECTION SYSTEO PAGE: 12 TC501 C E R T I F I E D R 0 L L J U R I S D I C T I O N S U M M A R Y PROCESSING FOR TAX YEAR: 2006 JURISDICTION: 0021 CITY OF BEAUMONT TOTAL PARCELS: 63,184 TAX RATE:00.659000 MARKET VALUE: 5,398,680,800 STATE HOM: 0 OPT HOM: 0.00000 EXEMPT PARCELS: 4,018 STATE 065: 0 OPT 065: 17,500 EXEMPT VALUE: 330,667,070 DISABLED: 17,500 AG EXCLUSION: 31,440,350 AG PROPERTIES: 235 HS CAPPED CNT: 843 HS CAPPED AMT: 5,267,830 HISTORICAL CNT: 8 HISTORICL VALUE: 3,785,570 PRORATED CNT: 4 PRORATED VALUE: 67,885 GROSS TAXABLE: 5,027,452,095 STATE HOMESTEAD 0 HOMESTEAD AMT: 0 LOCAL HOMESTEAD 0 HOMESTEAD AMT: 0 OVER65 7,891 OVER 65 AMT: 0 LOCAL OVER65 7,891 OVER 65 AMT: 134,869,370 SURVIVING SPOUSE: 113 AMOUNT: 1,925,540 # OF DISABLED: 1,251 DISABLED AMT: 20,917,150 VET Q $5000 2 VETERAN AMT: 0 VET ® $7500 3 VETERAN AMT: 0 VET 4 $10000 2 VETERAN AMT: 0 VET @ $12000 643 VETERAN AMT: 5,519,280 TOTAL VET 650 VETERAN AMT: 5,519,280 TOTAL PART XMP: 163,231,340 TAXABLE VALUE: 4,864,220,755 FROZEN ACCTS: 0 LEVY LOSS: 0.00 TOTAL LEVY: 32,055,274.41 LATEAG CNT: 1 LATEAG AMT: 51.07 FROZEN GROSS: 0 FROZEN TAXABLE: 0 UNFROZEN LEVY: 0.00 FROZEN LEVY: 0.00 TIF CAPTURED: 0 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council pursuant to the Texas Property Tax Code, Section 26.09, hereby approves the Grand Recap of the tax roll for the tax year 2006 with a taxable value of $4,864,220,775. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - 3 November 7, 2006 Consider authorizing the City Manager to sign an agreement with North Star Destination Strategies to develop a"Community BrandPrint" • City of Beaumont Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 2, 2006 REQUESTED ACTION: Consider authorizing the City Manager to sign an agreement with North Star Destination Strategies to develop a "Community BrandPrint" BACKGROUND North Star Destination Strategies, LLC (hereinafter referred to as North Star) is based in Nashville, Tennessee and is committed to providing research based branding solutions, specifically for communities, which they call a"Community BrandPrint." Through the brand print process, North Star will determine Beaumont's most distinct promise by determining our competitive situation, vision of our stakeholders and the perceptions of people living in and outside of the area. A brand strategy will then be crafted that will position Beaumont in the minds of residents, visitors and economic development groups. The projected time line to complete the brand print is 28-30 weeks. Detailed information is attached for your review. City staff and representatives of the Greater Beaumont Chamber of Commerce have met many times over the past year and a half regarding the development of a brand print for Beaumont. Two companies were requested to make a presentation to community leaders. There was a consensus to move forward with North Star. Formal action was not requested from the City Council after the presentation due to Hurricane Rita. North Star made a second presentation in Beaumont to various community leaders on September 13, 2006. North Star has completed brand prints for many clients across the United States including Augusta, Georgia; Jackson, Mississippi; Mobile, Alabama; Grapevine, Texas; McKinney, Texas and Plano, Texas. BUDGETARY IMPACT The base fee for the above service is $76,000. Of this amount, $75,000 will be paid from a donation which was made to the City from Farmers Insurance Group. The remaining amount as well as additional expenses for travel, long distance phone calls, etc. will be paid from the General Fund. It should be noted that the initial work to be provided by North Star is the beginning step in a multi year process. The general community, City of Beaumont, other governmental entities and the business community will need to invest their time and money for numerous years promoting the new brand print in order for it to be successful. RECOMMENDED BY City Manager and Executive Director of the Convention and Tourism Bureau. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with North Star Destination Strategies to develop a "Community BrandPrint." The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - LETTER OF AGREEMENT BETWEEN CITY OF BEAUMONT AND NORTH STAR DESTINATION STRATEGIES 1. This is written to detail the terms of an Agreement whereby North Star Destination Strategies, LLC (hereinafter referred to as North Star) is to develop a Community BrandPrintTM for Beaumont, Texas (hereinafter referred to as the Client) under the general direction of and for the benefit of the Client. 2. North Star's compensation will be derived from the sources below: a. North Star will provide a Community BrandPrint for Beaumont, Texas. The general outline of such a document is attached as part of the Contract. b• A fee of$76,000 will be paid to North Star not to exceed five hundred and sixteen (5 16) hours of time involved.in the production of a Community BrandPrintTM- The agreed upon maximum five hundred and sixteen (S 16) hours to be dedicated to the project will be the governing factor in the depth of the Document. North Star will not exceed the maximum number of hours for the project outlined in 2a. C. Any additional requests of North Star beyond the agreed upon Document and designated hours will be billed at the rate of$125.00 per hour. Should additional work be requested, for work beyond the scope of this Agreement, North Star will receive written approval of the additional related cost prior to initiating work. d. Items such as shipping, long distance telephone charges and travel shall be billed at net out-of-pocket cost to the client. Mileage shall be billed at the rate of 40.5 per mile. Manual data entry, when required or requested, will be billed at net out-of-pocket cost. EXHIBIT "A" LETTER OF AGREEMENT BETWEEN CITY OF BEAUMONT AND NORTH STAR DESTINATION STRATEGIES 1. This is written to detail the terms of an Agreement whereby North Star Destination Strategies, LLC (hereinafter referred to as North Star) is to develop a Community BrandPrintTM for Beaumont, Texas (hereinafter referred to as the Client) under the general direction of and for the benefit of the Client. 2. North Star's compensation will be derived from the sources below: a. North Star will provide a Community BrandPrint for Beaumont, Texas. The general outline of such a document is attached as part of the Contract. b. A fee of$76,000 will be paid to North Star not to exceed five hundred and sixteen (5 16) hours of time involved in the production of a Community BrandPrintTM. The agreed upon maximum five hundred and sixteen (516) hours to be dedicated to the project will be the governing factor in the depth of the Document. North Star will not exceed the maximum number of hours for the project outlined in 2a. C. Any additional requests of North Star beyond the agreed upon Document and designated hours will be billed at the rate of$125.00 per hour. Should additional work be requested, for work beyond the scope of this Agreement, North Star will receive written approval of the a additional related cost prior to initiating work. d. Items such as shipping, long distance telephone charges and travel shall be billed at net out-of-pocket cost to the client. Mileage shall be billed at the rate of 40.5 per mile. Manual data entry, when required or requested, will be billed at net out-of-pocket cost. 3. Prior to beginning the work contracted, the Client will pay North Star $38,000 as one-half installment of the cost of the work to be performed. Upon completion of the midpoint meeting, the Client will pay North Star $19,000. The balance of the fee, $19,000, is to be paid in equal payments over the next three months following the midpoint. A service charge of 1-1/2% (18% per annum) will be charged on all sums not paid within a 30-day period after date of billing. The Client agrees to pay all costs of collection and a reasonable attorney's fee incurred in the collection of past due accounts. 4. Upon termination of this Agreement, North Star shall transfer, assign and make available to the Client, or its representatives, all property and materials in its possession or control belonging to the Client and paid for by the Client. In the event that the material, which is the subject of this Agreement, is copyrightable subject matter, North Star and Client agree that for the purposes of this order the material shall be a work made for hire and the property of the Client. In the event that the material which is the subject of this Agreement is not copyrightable subject 0 matter, or for any reason is determined not to be a work made for hire, then and in such event North Star hereby assigns all right, title and interest to said material to Client for the fees specified herein. With the exception of the logo developed for the client, any conceptual work done by North Star is intended for demonstrational purposes only. Stock photography used for the demonstration of creative concepts is not to be reproduced or published in any way without first negotiating usage rights with the appropriate stock image provider. If termination of the Agreement is requested by the Client prior to completion of the Document, the Client will remain responsible for payment of all hours involved in the preparation of the Document prior to said termination at a rate of$125.00 per hour. Client will be responsible for payment of any outside cost incurred prior to the termination including costs of materials ordered or delivered thereafter if North Star is unable to halt such delivery. Under no circumstances will North Star be obligated to breach any lawful contractual commitment to others. 5. In conducting business and in anticipation of conducting business with North Star, it may be necessary for the Client to share trade secrets and/or other confidential and/or proprietary information or matter with North Star. The parties agree that such information and the materials referenced in the contract, the results and developments there from are confidential and/or proprietary information belonging to the Client. North Star agrees not to disclose to any third party any such trade secrets and/or confidential or proprietary information for its own separate benefit. North Star will be responsible for its employees or agents complying with the provisions of this Agreement. Similarly, the Client agrees that the Community BrandPrintTM created is intended solely for the use and benefit of Beaumont, Texas and any distribution to destination marketing organizations outside of the Beaumont area without the written consent of North Star is prohibited. The Client will be responsible for its employees or agents complying with the provisions of this Agreement. 6. This Agreement may be modified only upon the written and mutual consent of both parties. This Agreement and the documents referenced herein embody the entire Agreement of the parties. This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. City of Beaumont North Star Destination Strategies: Kyle Hayes Don McEachern City Manager CEO Date Date I. Understanding: Where the Brand has Been and Why This stage addresses the current brand positioning of the community. We invite vital organizations and leaders to share their perceptions to help coordinate activities to market the community as a whole. We evaluate the environment, community attitudes, current communications, and perceptions of target audiences and their influencers. • Research, Planning, and Communications Audit North Star requests any and all documents of past research (within past 24 months) and marketing materials in order to include those insights into the project. • In-Market Familiarization Tour The North Star team will allocate one full day to experience Beaumont. We request that an individual passionate about Beaumont lead the team throughout the day showing North Star all of Beaumont's greatest assets and offerings. Situation Analysis The Situation Analysis is a background document prepared by North Star in collaboration with Beaumont asking a variety of questions concerning the history, goals, and competitors of the community. This document should be completed and returned to North Star prior to the in-market visit. • Competition • Competitive Positioning Review: To better understand how Beaumont positions itself in the market-place against its competitors, a competitive evaluation will evaluate other brand messages. • Competitive Opportunity Analysis using ESRI's Business Analyst: An in-depth analysis will be run against Beaumont's top five identified economic development competitors. This will provide comparative data for uncovering strengths and weaknesses in the current business landscape according to national standard industry classifications. • Stakeholders/Community - In-Market Key Stakeholder Interviews During the in-market visit, 7-8 one-on-one meetings will be held with key stakeholders in 30 minute sessions. - In-Market Stakeholder Focus Group Focus Group should consist of the key stakeholders in the community most responsible for this project (10-12 people). North Star team will lead discussion. - Vision Survey— Mail An open-ended questionnaire will be developed after the In-Market trip. Once the survey is developed, it will be mailed to 300-400 stakeholders of Beaumont. You can decide which individuals best fit this description! Members of civic organizations are a great way of including a broad net of community leaders. - Online Community Survey A close-ended, quantitative version of the vision survey will be created and posted online. This is a great opportunity to encourage communitywide participation. - In-market "Man on the Street" Intercept Interviews During the in-market visit, the North Star team will be hitting the streets: shopping, eating, and speaking with consumers and residents. - Community Geo-demography (consumer profiling) Who and What Reports North Star utilizes standard and ongoing third-party relationships with ESRI and its Arcview, Tapestry and Business Analyst software. Tapestry uses U.S. Census Bureau data and Mediamark Research Information systems (MRI) consumer buying behavior data to create a market segmentation system that classifies U.S. neighborhoods into 65 different segments based on socioeconomic and demographic composition. A defined profile is created for the residents of Beaumont. • Who Report: Community socio-economic classifications composition • What Report: This report provides an indication of resident lifestyle habits such as media tendencies, travel behavior, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences, lodging tendencies and much more. • Consumers - Origin Mapping • Inquiry/Attraction/Lodging • All inquiry, attraction, and lodging records must be provided within 4 weeks upon completion of the in-market visit. Lodging must be received from a minimum of 3 properties. If unavailable, the BrandPrint process will proceed without these corresponding reports. - Visitor Geo-demography (consumer profiling) Who, What and Where Reports This uses ESRI's Arcview and Tapestry software. A defined profile is created for the visitors/consumers of Beaumont. • Who Report: An under the surface look that reveals the demographic and socio-economic composition of your consumers. This report also compares your consumers to the profiles of your community. Are you like or unlike your most common visitors? • What Report: This report provides an indication of consumer lifestyle habits such as media tendencies, travel behavior, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences, lodging tendencies and much more. • Where Report: This report provides a grid for determining the outlying communities that not only have the highest concentration of your visitors, but the ones most like your core visitors. Perception Study (Qualitative) North Star will conduct telephone interviews to identify perceptions of Beaumont among state officials, site selectors, relocation executives, meeting planners and group tour leaders. (Beaumont will need to provide contact information for the identified categories) • State Level Executives in both the economic development and tourism industry: what do representatives at the state level think of Beaumont? • Prospects/Site Selectors/Relocation Executives: What do your business associates think about Beaumont when you're not around? • Visitors/Meeting Planners/Group Tour Leaders: What do meeting planners and group tour leaders think about Beaumont? Perception Study (Quantitative) o The Consumer Awareness and Perception (CAP) study is a four-week quantitative process that provides insights into consumer relationships with the community in question. The study yields data from a random sampling of consumers from two of the community's key visitation markets. Specifically, the survey measures overall awareness (aided and unaided), perception and visitation among consumers and non-consumers. 2. Insights: Where the Brand Should Be The goals for the community may involve a number of elements: gross receipts, population, higher education matriculation, overnight guests, and bed-tax collected. Branding influences these goals by influencing expectations and affecting attitudes, thus affecting behavior and usage. The most successful brands establish an emotional — not simply an intellectual — connection. Our insights come from asking a number of thought-provoking questions. What emotional attachments can the brand hold? How does the brand fit into his or her lifestyle? It is from these insights that we determine the overall positioning of the brand. • Situation Brief • Blue Sky Meeting • Brand Strategy Presentation - Brand Essence (reason for being) - Brand Values (guiding principles) - Brand Truths (help deliver the promise) - Brand Promise (what can you provide that others cannot) - Brand Benefits (consumer appeal) - Brand Personality (tonality) - Brand Platform Statement Note: Here, we conduct a midpoint meeting to present all of the research findings as well as our recommended brand positioning based on those findings and request approval before proceeding. 3. Imagination: What Will Get us There In this stage, we consider elements of communication that need to be created (or changed) to influence responses and behavior toward the brand. A number of brand-shaping issues often must be confronted: overall positioning, synergy within the community, packaging, budget allocation, stakeholder participation, sponsorship association, co-operative efforts and, of course, advertising and promotion. Business-building ideas are generated. Positioning lines and logos are created and tested. Foundation creative is developed. • Brand concept development * Three campaign concepts will be developed. • Positioning line development and testing *Up to 12 lines will be written with 5 approved lines for testing. • Foundation creative - Logo development and guidelines: finished art *One round of 5 logo concepts will be presented with a round of revision on the chosen logo direction. - Marketing materials: conceptual development *Seven creative executions of the approved concept will be developed. • Brand building ideas: How the brand extends into all community touch points? 4. Evaluation: How the Brand is Performing Evaluation yields new information which may lead to the beginning of a new planning cycle. Information may be gathered from concept pre-testing, campaign impact in the marketplace and tracking studies to measure a brand's performance over time. Ideally, two basic questions will be answered: have responses to the brand among target audiences changed in the way the Community BrandPrintTM intended? And have these changes resulted in action that will achieve the desired objectives of the brand? Turnkey or do-it- yourself programs are recommended depending on the needs of the community. • Recommended Measures of Accountability • Three Annual Branding Check-Ups • Geo-demography consumer profiling, Who, What, and Where reports (3 year update) Note: Here, we conduct a final presentation that delivers the creative product, brand- building ideas and recommended measures of accountability. "All In-market visit Week I Vision Survey sent, received and entered Weeks 1 —4 Hoteliers collecting/sending visitor record files Weeks 1 —4 Competitive economic development data Weeks 2—6 Inquiry Origin data sent and report mapped Weeks 6 - 8 *Data compiled and mapped Weeks 6 - 8 *Geo-demography who, what and where reports Weeks 6 - 8 *Perception Study Weeks 8 - 12 *Understanding and Insights development Weeks 13 - 14 *Strategy Meeting Weeks 14 - 15 *Understanding and Insights presentation (Mid-point Meeting) Weeks IS - 16 Imagination and Evaluation development Weeks 17-30 Blue Sky Meeting Week 17 Creative Brief Week 17 Brand concepts developed Weeks 17 - 19 Approval of brand concept Week 20 0 Positioning line development and testing Weeks 17 - 22 **Logo development Weeks 22 - 24 Creative concept executions Weeks 25 —26 Final report development Weeks 27—30 Imagination and evaluation presentation Weeks 29— 30 Proposed Timeline Weeks 28-30 * = Time dependent upon how quickly visitor records come in from hoteliers ** = Dependent upon how quickly approval from client is received Beaumont BrandPrint s X�.. Z-1 & `� w Just as the North Star has guided individuals for centuries, we help communities guide residents, businesses and visitors to their destinations. We provide complete, research- based branding solutions specifically for communities. This is the only reason we are in business. We have a proven approach that we call Community BrandPrintTM. It combines research, strategy and creative implementation to assist communities in receiving the greatest possible return on their investment. North Star assists communities in discovering their optimum brand positioning, and then leveraging their equity in that brand through communications and strategic initiatives. 3 i North Star Destination Strategies, LLC Colorado Office: Corporate Office: Florida Office: 1911 S. Corona St. 220 Disspayne Drive 11840 69`h Way Denver, CO 80210 Nashville, TN 37214 Largo, FL 33773 303.362.1570 888.260.7827 727.373.2591 North Star Destination Strategies, LLC was established in 2000 and is owned by: Don McEachern — CEO We are over two dozen professionals committed to building strong community brands. = a +F^g* K y v ,t ,i, d 5 a ,p ti ,Pv � Asa r �x � §� y� +a MI. , k .�%' �'y �w i�" ,< , We believe research, strategy and creativity can connect the soul of a community to the heart of its consumers. Through the Community BrandPrint process, we determine Beaumont's most distinct promise by triangulating your competitive situation, the vision of your stakeholders and the perceptions of your consumer. From that promise, we craft a brand strategy that positions Beaumont in the minds of residents, visitors and economic development influencers. Then, we develop powerful brand-building ideas and effective communication, all of which reinforce the positioning and assure brand equity and growth. Beaumont BrandPrint Positioning Vision of Community Competitive Situation Perception of Consumers& Influencers � ����' S ` �q 9 �£�3� � da..., iq� "��, tf�✓ � �y ;�±d � -� b.� ,d a/� �' `b � Don McEachern and David Bohan founded North Star Destination Strategies in 2000. This venture combined two extensive backgrounds in branding packaged goods, economic development and tourism destinations. Don McEachern CEO Don McEachern has been growing brands and leading teams for more than 20 years. His experience includes working for multi-national advertising agencies as well as nationally recognized creative boutiques. During his time in the ad world, Don put his stamp on some of the world's most famous brands including Goldkist, Hawaiian Tropic, Suntory Bottled Water Group, Trump Plaza, Panasonic and Lanier Worldwide. For his efforts he received numerous awards, including a prestigious national Effie for marketing effectiveness and a Clio for excellent creativity. Don has become the recognized expert in the exploding field of community branding. With a process that combines research, strategy and creative, he has helped create unique and effective brands for big-name cities like Anchorage, Alaska; Monterey, California and Williamsburg, Virginia. That same process and passion has also been applied to small cities that will soon be household names such as Uvalde, Texas and Warrensburg, Missouri. He is a sought-after speaker on the topics of branding and the formation of private-public partnerships to fund branding. Don lives on a horse farm in Nashville, Tennessee, where he spends time with his wife and three children riding horses, paddling kayaks and playing tennis. As of yet, no member of his family has been branded. Steve Chandler President A self-proclaimed ad geek, Steve Chandler has more than 10 years experience in strategic planning and advertising development for regional and national brands. Prior to joining North Star he enjoyed stints at ad agencies including international branding agency BBDO. Steve's diverse branding experience in non-destination brands such as Bayer Advanced, Lava Soap, Citicorp Diners Club, Angel Soft bath tissue, and Sparkle paper towels provide a unique perspective against his destination experience, which includes the likes of the Grand Ole Opry; Caribe Royale All-Suites Resort & Convention Center; Galveston Island, Texas; downtown Anchorage, and Charlottesville, Virginia. Steve remains true to his advertising roots by serving as past President of the Nashville Advertising Federation. He is also a contributor to Create magazine and a member of the Program Advisory Committee for Western Kentucky University's Department of Advertising and Journalism. As president of North Star, Steve combines his background in strategic planning with a passion for marketing to guide North Star's many clients to their ideal community brand. He is also passionate about his wife, two children, running and playing the guitar at work (a habit his co-workers are less than passionate about). David Bohan Strategic Planning Bohan started his early working career in advertising and served as the Advertising Manager for the State of Tennessee, Department of Economic & Community Development. David has worked in tourism and economic development marketing for nearly three decades. He helped organize the Tennessee Department of Tourist Development (the nation's first cabinet-level tourism department) and was its first assistant commissioner for marketing. He and the department did well, because the Travel Industry Association of America recognized Tennessee's tourism marketing program as the country's most innovative. Outside of state government, Bohan has worked with some of the biggest names in American travel and tourism. Among them: the Grand Ole Opry, the Opryland Hotel, the Opryland theme park, Diner's Club, Pigeon Forge Tourism and Beaches of South Walton. In 2002, the Tennessee Tourism Roundtable saluted Bohan's multi-faceted career by naming him a "Knight of the Roundtable," the state's highest tourism accolade. He was the first recipient whose background is in marketing. David received a Bachelor of Science Degree in Marketing from the University of Tennessee, Knoxville. George Piper, Director of Strategic Planning For more than 30 years, George Piper has worked with national corporations and local communities, helping identify their key strengths for future marketing efforts and providing strategic planning for the successful implementation of their programs. George began his career in New York City with Grey Advertising and Ogilvy & Mather, working with companies like Toro Outdoor Equipment and Smith Kline/Beecham. A vice presidential position with DDB/Needham and Y&R prompted George to move to Chicago. Eventually he left the windy city for Knoxville, Tennessee to become one the original partners and vice president of Time Warner/Whittle Communications, one of the most innovative media companies of the day. George's focus in community-based efforts began in 1996, when he served as a Senior Strategist for Planning and Community Development for a regional architecture firm. More recently, George led a multi-disciplinary team of consultants on the development of an implementation plan for heritage tourism in Oak Ridge, TN. One of the newest members of North Star's community branding team, George is going great guns on two fronts. First, his knowledge of community government and strategic thinking are enhancing the Community BrandPrint process. Second, he is spearheading the development of North Star's innovative BrandMAP (management action plan) process, which provides an organizational, funding and tactical roadmap for communities who need help bringing their BrandPrint to life. Greg Fuson, Director of Research For more than 18 years, Greg Fuson has been helping businesses understand their market through research. He has developed his skills in research design and management for both quantitative and qualitative research. Greg has managed research studies for a number of national clients including Nortel Networks, Cisco Systems, Starbucks, Lowe's, Ruby Tuesday, O'Charley's Restaurants, and Coca-Cola. Greg also has extensive experience in the tourism industry working with clients such as The City of Pigeon Forge, East Tennessee Marketing Partnership, Clarksville Montgomery County Economic Development Council, the Nashville Convention and Visitors Bureau, Gaylord Entertainment, Nashville Shores Water Park and the Tennessee Department of Tourist Development. Greg has also worked with other travel and tourism destinations such as Charlottesville, Virginia; Valdosta, Georgia; Warrensburg, Missouri; Williamsburg, Virginia and Anchorage, Alaska. Greg received his Bachelor of Business Administration Degree in the field of Marketing from Belmont University. Despite his impressive resume, Greg is not a dry numbers guy. His self-described dream vacation involves riding a train, salmon fishing and lots of good food. . Jason Swanson, Tourism Specialist Jason Swanson has made a career of enhancing tourism communities by providing strategic planning and implementation assistance to governments and private-sector tourism businesses During graduate work at Cornell University's School of Hotel Administration, the Travel Industry Association of America and the National Tour Association recognized Jason for his achievement in the industry. In addition,Jason has been selected to make keynote presentations and lead seminar sessions at several major tourism conferences. Jason has worked for clients in the restaurant, hotel, country club, tennis center, spa, convention center, retail, office, marina, golf course, destination, and government sectors in over 40 markets throughout the United States, the Caribbean, and Asia. He also serves on the Southeast Tourism Policy Council, the governmental affairs arm of the Southeast Tourism Society (STS). Ted Nelson Strategic Planning—Creative A native New Englander, Ted started his fifteen year career in Boston, MA. He was trained at such respected creative agencies as Arnold Advertising and Pagano, Schenck and Kay, under the watchful eye of several industry legends. He has also served several stints as Creative Director at the renowned creative factory Babbit & Reiman, award winning agency Earle Palmer Brown and southeastern powerhouse West Wayne. Ted's extensive tourism and travel experience give North Star a creative foothold unmatched by many. Some of his past work includes Days Inns of America, the Bahamas Ministry of Tourism, USAir, Pinellas County, FL., Georgia Department of Tourism, Orient-Express Hotels, Hyatt Hotels, and Wild Dunes Resort, SC. Ted is one of North Star's strongest advocates for the idea of having a single collaborative team work on research, strategy and creative. According to Ted, an amazing thing happens when the people who develop the strategies work hand in hand with the ones who develop the ideas based on them —the transition is seamless; the work reflects strategy and the strategy is inherent in the work. Gregg Boling, Strategic Planning—Creative Gregg Boling has spent more than 20 years in the ad business getting his clients noticed. His work has been recognized on the local, regional, national and international levels by virtually every industry publication and professional organization. He has worked as Creative Director and Associate Creative Director for agencies like The Buntin Group and Bohan giving him an experienced perspective on building strong brands and the ability to deliver a multitude of creative solutions to support that brand. Gregg's unique talents have helped mold community brands from Uvalde, Texas to Ft. Wayne, Indiana. In addition to his mega-creative skills, Gregg multi-dimensionality makes him a key player for North Star and its clients. He is equally comfortable providing ideas and direction in all facets of North Star creative, business and management. In his spare time, Gregg creates commissioned paintings that can be seen in private and corporate collections throughout the Southeast. Brooke Ludwick, Strategic Planning— Creative A native of Seattle, WA, Brooke has worked in a number of major markets including San Francisco and Atlanta. Her career experience also features time spent with Target Corporation as well as several fashion magazines, advertising agencies and record labels. Brooke brings a pure and classy approach to work done for North Star clients. This results in outstanding creative that effectively breaks through media clutter with a deceptive simplicity and style. A graduate of the renowned Portfolio Center in Atlanta, her work has been recognized locally, regionally and nationally in awards competitions and publications like Communication Arts. Outspoken with a true performer's heart, you'll find her writing and recording songs with other music industry professionals when time allows. Dori Nicholson, Strategic Planning— Creative One of North Star's most talented graphic designers, Dori has regional and national experience developing logos and brand identity packages for an impressive roster of corporate clients including American Express, Cellular One, BellSouth, Parisian and Schering-Plough. To North Star clients, Dori is known as the brains behind many of our community logos. She has developed brand identities for Glasgow, Kentucky; Gwinnett and Henry Counties in Georgia; Mountain Longleaf Region, Alabama; Mesquite, Texas; Warrensburg, Missouri; McKinney, Texas and others. Dori's experience expands beyond identity development to include marketing collateral such as brochures, annual reports, advertising, newsletters and direct mail. She has won numerous awards for her work through the Public Relations Society of America and the American Marketing Association. Dori received a Bachelor of Arts degree in Visual Communication Design from Purdue University. She considers her greatest works of art to be her two young children who recently cheered her on as she ran her first marathon. EA ., `��§�v � 4 R ,5�u 5 a, �'� t +�Z argk -� .,• �, � �'„"$' -R�t R � � is Please see our client list below, as well as the enclosed case studies, as a summary of tourism and economic development experience. Alliance, Nebraska Killeen, Texas Anchorage, Alaska Lansing, Michigan Anniston, Alabama Lawrence County, Tennessee Augusta, Georgia Longview, Texas Bay City, Michigan Lowndes County, Georgia Beaches of South Walton, Florida Madison, Alabama Black Hills, South Dakota Meridian, Mississippi Cape Girardeau, Missouri Mesquite, Texas Chandler, Arizona McKinney, Texas Charlottesville, Virginia Mobile, Alabama Columbus, Georgia Monterey, California Columbus, Indiana Peoria, Arizona Concord, North Carolina Pigeon Forge, Tennessee Conyers, Georgia Plano, Texas Corinth, Mississippi Plymouth, Michigan Dothan, Alabama Reading and Berks, Pennsylvania Douglasville, Georgia Rome, Georgia Dublin, Ohio Saint Paul, Minnesota Fort Collins, Colorado Santa Rosa, California Fort Wayne, Indiana Santa Rosa County, Florida Gainesville, Florida Sebastopol, California Galveston Island, Texas Seward, Alaska Georgetown, Kentucky Shreveport - Bossier, Louisiana Glasgow, Kentucky Spartanburg, South Carolina Glendale, Arizona Springfield, Massachusetts Grand Rivers, Kentucky State Parks of Tennessee Grapevine, Texas Sumner County, Tennessee Greeley, Colorado Texarkana Texas Gwinnett County, Georgia Tulare County, California Hattiesburg, Mississippi Uvalde, Texas Henry County, Georgia Warner— Robins, Georgia Hopkinsville, Kentucky Warrensburg, Missouri Jackson, Mississippi Williamsburg, Virginia Kenai, Alaska Williamson County, Tennessee Kenai Peninsula, Alaska Yarmouth, Massachusetts k _. Most companies provide three references — one would assume their best three. Below please find contact information for all of North Star's completed BrandPrint clients. Anchorage, Alaska Beaches of South Walton, Florida 245 W 5`h Aveunue, Ste 124 P.O. Box 1248 Anchorage, AK 95501 Santa Rosa Beach, FL 32459 Contact: Contact: Ms. Becky Beck Ms. Kriss Titus Executive Director Executive Director Anchorage Downtown Partnership 850.267.1216 907.279.5660 Calhoun County, Alabama Ms. Karen Kluesner 1330 Quintard Avenue VP Client Services Anniston, Alabama 36202 The Nerland Agency Contact: 907.274.9552 Ms. Sherri Sumners Augusta, Georgia President P.O. Box 1331 Chamber of Commerce Augusta, GA 30903 256.237.3536 Contact: Mr. David Lyons Mr. Barry White Tourism Director Executive Director Chamber of Commerce Augusta CVB 256.237.3536 706.823.6600 Cape Girardeau, Missouri Bay City, Michigan 100 Broadway 901 Saginaw St. Cape Girardeau, MO 63701 Bay City, MI 48708 Contact: Contact: Mr.John E. Mehner Ms. Patti Stowell President Economic Development Chamber of Commerce Mktg. Mgr. 573.335.3312 City of Bay City 989.894.8227 Mr. Chuck Martin Director Ms. Shirley Roberts Cape Girardeau CVB Executive Director 573.335.1631 Bay City CVB 989.893.1222 Chandler, Arizona Conyers, Georgia 215 E. Buffalo St. 1 184 Scott Street Chandler, AZ 85225 Conyers, GA 30012 Contact: Contact: Ms. Kimberly Janes Ms. Harriet Gattis Tourism Director Tourism Manager City of Chandler City of Conyers 480.782.3037 770.929.4270 Charlottesville, Virginia Dothan, Alabama P.O. Box 178, 600 College Drive P.O. Box 8765 Charlottesville, Virginia 2290 Dothan, AL 36304 Contact: Contact: Mr. Mark Shore Mr. Bob Hendrix Director Executive Director Charlottesville/Albemarle CVB Dothan CVB 434.293.6789 334.794.6622 Columbus, Georgia Douglasville, Georgia 100 Tenth St. 6694 Broad St. Columbus, GA 31901 Douglasville, GA 30134 Contact: Contact: Mr. Carmen Cavezza Ms. Collin Cash-Smith City Manager Executive Director 706.653.4029 Douglasville CVB 770.947.5920 Mr. Peter Bowden Director Georgetown Renaissance Columbus CVB Incorporated 706.322.1613 160 E. Main St. Georgetown, KY 40324 Mr. Mike Gaymon Contact: President and CEO Chamber of Commerce Ms. Darlene Albin 706.327.1566 Main Street Director 502.863.5424 Mr.John Simpson Director Tourism Commission 502.863.2547 Glasgow, KY Gwinnett County, Georgia 118 East Public Square 6500 Sugarloaf Parkway, Suite 200 Glasgow, KY Duluth, GA 30097 Contact: Contact: Mr. Bobby Lee Hurt Ms. Lisa Anders Chairman Communications and Mktg. Mgr. Glasgow/Barren Co. Tourist Comm. Gwinnett County CVB 270.646.2151 770.623.3600 Glendale, Arizona Hattiesburg, Mississippi 5850 W. Glenn Dr. P.O. Box 16122 Glendale, AZ 85301 Hattiesburg, MS 39404 Contact: Contact: Ms. Elaine Scruggs Mr. Richard Taylor Mayor Director 623.930.2260 Hattiesburg CVB 601.268.3220 Grand Rivers, Kentucky Henry County, Georgia P.O. Box 102 1709 Highway 20 West Grand Rivers, KY 42045 McDonough, GA 30253 Contact: Contact: Mr. Bill Gary Ms. Kay Pippin Chairman Executive Director Grand Rivers Tourism Commission Chamber of Commerce 270.362.8364 770.957.5786 Grapevine, Texas Jackson, Mississippi One Liberty Park Plaza 921 North President Street Grapevine, TX 76051 Jackson, MS 39202 Contact: Contact: Mr. George Kakos Mr.John Lawrence Assistant Executive Director President Grapevine CVB Jackson Downtown Partners 817.410.3185 601.353.9800 Mr. Paul W McCallum Ms. Wanda Perry Executive Director, CVB Director,Jackson CVB 817.410.3185 601.960.1891 Ms.Janet Scott Executive Director,Jackson Arts Alliance 601.960.1557 ..� Lansing, Michigan Mobile, Alabama 1223 N. Turner St. 10`h Floor Government Plaza Lansing, MI 48906 Mobile, AL 36633 Contact: Contact: Mr. Lee Hladki Mr. Mike Dow President Mayor Greater Lansing CVB City of Mobile 517.377.1404 251.208.7395 Ms. Tracy Padot Mr. Landon Howard Director, Mktg. Communications Vice President Greater Lansing CVB Mobile CVB 517.377.1419 251.208.2003 Lawrence County, Tennessee Pigeon Forge, Tennessee P.O. Box 86 P.O. Box 1390 Lawrenceburg, TN 38464 2450 Parkway Contact: Pigeon Forge, TN 37868 Contact: Mr. Randy Brewer President Mr. Leon Downey Chamber of Commerce Executive Director 931.762.4911 Department of Tourism 865.453.8574 Mesquite, Texas 1515 N. Galloway Plano, Texas Mesquite, TX 75149 2000 E. Spring Creek Pkwy. Plano, TX 75074 Mr. Tom Palmer Contact: Economic Development Manager City of Mesquite Mr. Mark Thompson 972.216.6340 Executive Director Plano CVB McKinney, Texas 972.422.0296 222 N. Tennessee St. McKinney, TX 75069 Reading and Berks County, Contact: Pennsylvania 352 Penn St. Ms. CoCo Good Reading, PA 19602 Dir. Of Mktg. and Communications Contact: City of McKinney 972.547.7508 Ms. Crystal Seitz President Visitors Bureau 610.375.4085 Rome, Georgia Spartanburg, SC 402 Civic Center Drive 145 West Broad Street Rome, GA 30161 Spartanburg, SC 29304 Contact: Contact: Ms. Lisa Smith Mr. Randy Barnett Executive Director Mayor Rome CVB City of Spartanburg 706.295.5576 864.596.2020 Santa Rosa County Tourism Mr. Mark Scott Development Council City Manager 8543 Navarre Parkway City of Spartanburg Navarre, FL 32556 864.596.2026 Contact: Ms.Jules Bryant Ms. Kathy Newby Director Executive Director Spartanburg CVB Santa RosaTDC 864.594.5051 850.939.3267 Springfield, Massachusetts Seward, Alaska 1 141 Main Street P.O. Box 749 Springfield, MA 01 103 Seward, AK 99664 Contact: Contact: Ms. Mary Kay Wydra Ms. Laura Cloward President Executive Director Greater Springfield CVB Seward Chamber of Commerce 413.787.1548 907.224.8051 Mr. Craig Rydin Ms. Vanta Shafer CEO Mayor Yankee Candle Company City of Seward 416-665-8306 907.224.8060 Sumner County, Tennessee P. O. Box 947 Gallatin, TN 37066 Contact: Ms. Kaye Ireland Executive Director Sumner County CVB 615.230.8474 Texarkana, Texas Williamsburg, Virginia P. O. Box 1468 6665 Delmar Blvd., Suite 300 Texarkana, TX 75504 St. Louis, MO 63130 Contact: Contact: Mr.Jim Cherry Mr. Terry Herbert President Momentum Advertising Chamber of Commerce 314.290.8628 903.792.7191 Williamson County, Tennessee Uvalde, Texas P.O. Box 156 300 East Main Street Franklin, TN 37065-0156 Uvalde, TX 78801 Contact: Contact: Mr.John Whisenant Ms.Joanne Nelson Vice President of Tourism Executive Director 615.794.1225 Uvalde CVB 800.588.2533 Yarmouth, Massachusetts Valdosta, Georgia 424 Route 28 1 Meeting Place West Yarmouth, MA 02673 Valdosta, GA 31601 Contact: Contact: Mr. Bob Dubois Ms. Evelyn Langdale Executive Director Volunteer for Image Campaign Chamber of Commerce Valdosta -Lowndes Co. CC &Tourism 508.778.1008 x I 1 229.245.9521 Ms. Karen Greene Warrensburg, Missouri Director of Community Development 100 South Holden St. Town of Yarmouth Warrensburg, MO 64093 508.398.2231 x278 Contact: I Ms. Tammy Long Executive Director Chamber of Commerce and Visitor's Center 660.747.3168 a 'AlT y 4 November 7, 2006 Consider authorizing the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept a grant to assist in the repair of residential structures damaged by Hurricane Rita 0 ..�. City of Beaumont •�• Council Agenda � - ,� Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 1, 2006 REQUESTED ACTION: Council authorization of a resolution authorizing the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept a$50,000 grant to assist in the repair of residential structures damaged by Hurricane Rita. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept and administer the distribution of $50,000 to assist in the rehabilitation of owner-occupied homes oflow and moderate income elderly and/or disabled persons whose home were damaged by Hurricane Rita. BACKGROUND An application was made to Fannie Mae's Housing and Community Development Division for financial assistance to help in the repair of homes damaged in our community by Hurricane Rita. The City of Beaumont received a $50,000 grant from Fannie Mae's Renaissance Fund for the rehabilitation ofowner-occupied homes oflow and moderate income elderly and/or disabled persons. The assistance criteria attached to this grant are consistent with our Housing Program Guidelines for Disaster Recovery. Therefore,we are proposing to administer these funds consistently with the$5.1 million Community Development Block Grant awarded as a result of Hurricane Rita. �I 0 BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works, Development Services Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute contracts with Fannie Mae's Housing and Community Development Division to accept and administer the distribution of a $50,000 grant to assist in the repair of residential structures damaged by Hurricane Rita. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - 5 November 7, 2006 Consider approving the purchase of eight (8)LifePak 12 defibrillators to be used on the City's EMS ambulances i • City of Bea ulei mont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: November 7, 2006 AGENDA MEMO DATE: October 26, 2006 REQUESTED ACTION: Council consider the purchase of eight(8)LifePak 12 defibrillators. RECOMMENDATION Administration recommends the purchase of eight(8)LifePak 12 defibrillators and accessories from Medtronic Physio-Control of Redmond, WA in the amount of$123,185. BACKGROUND Cardiac monitors, known as defibrillators, are installed on the City's EMS ambulances and are operated by trained Emergency Medical Technicians and Paramedics who provide advanced life support to patients suffering from cardiac arrest and/or cardiac arrhythmia. The defibrillator is used to direct a brief high-energy pulse of electricity to the heart by using electrodes or paddles applied directly to the chest. Paramedics gather and enter information, such as the patient's name, age, gender, and vital signs, into the defibrillator's computer while the defibrillator monitors the patient's condition based on information such as the oxygen content in the blood, the heart beat rhythm, and the shock tally. A report of the patient's condition is transmitted through the ambulance's cellular phone system to the emergency room where the attending physician can begin an evaluation prior to the patient's actual arrival in order to better prepare for the patient and begin treatment more quickly. The new LifePak 12 defibrillators will replace older equipment. The unit pricing shown below includes a trade-in allowance of$1,000 each for eight (8) obsolete Medtronic defibrillators. The purchase also includes five(5)rechargeable batteries and a battery charger. While each defibrillator requires two(2)batteries,EMS has a supply of rechargeable batteries and only five(5)new ones are required at this time with one (1) battery charger. Itemized pricing is as follows: Purchase Eight (8)Defibrillators October 26,2006 Page 2 Quantity Description Unit Price Total Price 8 LifePak 12 Defibrillators $15,077.25 $120,618.00 including trade-in allowance of$1,000 5 Rechargeable Batteries $227.80 $1,139.00 1 Battery Charger $1,428.00 $1,428.00 TOTAL: $123,185.00 This purchase is exempt from competitive bidding since the Medtronic Life Pak 12 defibrillators are available from only one (1) source. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Health Director, Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of eight (8) LifePak 12 defibrillators and accessories to be installed on the City's EMS ambulances from Medtronic Physio- Control, Redmond, Washington, in the amounts shown below for a total of $123,185: Quantity Description Unit Price Total Price LifePak 12 Defibrillators 8 including trade-in allowance of$1,000 $15,077.25 $120,618.00 5 Rechargeable Batteries $227.80 $1,139.00 1 Battery Charger rY 9 $1,428.00 $1,428.00 TOTAL: 1 $123,185.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - ! 6 November 7, 2006 Consider approving a total payment of$25,000 to the Bracewell & Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and state level City of Beaumont Woftw CI!. Council Agenda� - � • � g a Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 2, 2006 REQUESTED ACTION: Council consider approving a total payment in the amount of$25,000 to the Bracewell&Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and state level. BACKGROUND Regina Rogers initially assisted in the hiring of the above Firms and paid for their services for a number of months after Hurricane Rita made landfall to ensure that Beaumont and Southeast Texas received its fair share of federal and state funding for recovery efforts. The City Council approved funding for the Firms in the amount of$25,000 on June 6, 2006. Other Southeast Texas cities and governmental entities also made contributions to the Firms. As a part of the $74.5 million in Community Development Block Grant funds awarded to the State of Texas,the City of Beaumont will receive$5,145,000 for recovery funding utilized for Emergency Repair, Home Owner Occupied Rehabilitation and Single-Family Rental Rehabilitation Programs. Additional Community Development Block Grant funds have also been awarded to the State of Texas. The Firms were instrumental in helping secure the federal funding as well as increased reimbursements from the Federal Emergency Management Agency. (See attached). BUDGETARY IMPACT Funds are available for this payment from a $100,000 donation which was made to the City from Farmers Insurance Group, RECOMMENDED BY City Manager. w Recovery Coalition of Southeast Texas LLC, State of Texas and Texas Congressional Delegation Accomplishments On Behalf Of Texas Hurricane Recovery ➢ HB 4440 GO Zone Tax Bill — IRS Publication 4492 (Assist SE Texans impacted by Hurricane Rita) ➢ 74.5 million in Community Development Block Grant funds, which are administered by HUD. ($39 million designated to Jefferson, Orange and Hardin Counties) $88 million in Social Services Block Grant funds, which are administered b The Department of Health and Human Services. y ➢ 31 million from the Corps of Engineers to begin repair of the Sabine-Neches waterway and jetties. ➢ $7.6 million for the causeway bridge that connects Jefferson County to Cameron Parish, La. ➢ $50 million in school restart funds for Hurricane Rita. • ➢ $712,500 of $25 million available from the USDA fora u q aculture shrimp producers affected by the 2005 hurricanes. Texas has requested $170 million for agriculture, forestry and rural disaster aid. More funding decisions in this area are forthcoming. State officials have been promised another $32 million in emergency forestry conservation funds, $14 million in emergency watershed protection funds and $17 million in emergency conservation funds. ➢ Texas has been approved for $2.7 billion in FEMA reimbursements for recovery costs in the Individual Assistance and Public Assistance programs, including debris removal reimbursement. ➢ Texas has been approved for $180 million in Small Business Administration funding for low-interest loans to small businesses and individuals affected by Hurricane Rita, and SBA has disbursed $20.7 of that amount. ➢ $142 million from the Health and Human Services Centers for Medicare and Medicaid Services for costs of caring for Hurricane Katrina evacuees. However, the state only can use about $45 million to $50 million of this because it is limited to care provided prior to Jan.31. ➢ $35 million in school impact aid for Hurricane Katrina. • ➢ $20 million from the Department of Justice to address public safety in Houston area. • Current and Future Federal Priorities For Texas Hurricane Recovery Current Priorities for the 4th Supplemental Appropriations 1. Community Block Development Grant Money (CDBG) ➢ To defend the additional $1 Billion CDBG funds we secured in the Senate in addition to the $4.2 Billion in CDBG funds we secured in the House for Hurricane Recovery ➢ Persuade HUD to provide $600 Million of the above mentioned additional $1 Billion in CDBG money for Texas' Hurricane Rita housing and infrastructure needs ➢ Ensure that CDBG funds granted to Texas go to our affected areas 2. Defend our Senate 90110 FEMA Reimbursement Increase in Conference • ➢ $200 Million worth of reimbursement cost to Southeast and Dee East Texas' counties P s 22 3. Education for Katrina Evacuees ➢ Defend the $650 million for Katrina evacuee education for Texas Federal Fiscal Year 2008 Priorities: ➢ Housing Needs ➢ $45 Million in Tax Credits for housing development through appropriate moving legislation ➢ Accelerated depreciation for housing ➢ Sabine-Neches Waterway Navigation Needs ➢ $10 Million for dredging for the Lower Neches ship channel • ➢ $180 Million for Jetty Reconstruction • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of $25,000 to Bracewell & Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and state level for funds in the recovery effort from Hurricane Rita. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. • - Mayor Guy N. Goodson - • 7 November 7, 2006 Consider approving a contract for the construction of the Central Park Community Center • • ��.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 7, 2006 AGENDA MEMO DATE: November 2, 2006 REQUESTED ACTION: Council approve a contract for the construction of the Central Park Community Center. RECOMMENDATION Administration recommends the award of a bid to McInnis Construction of Silsbee,TX in the amount of$748,540 for furnishing all labor, materials and equipment necessary to construct a community center at Central Park located at the corner of Fannin and 4'. BACKGROUND In 2005, the Central Park Community Center was damaged by Hurricane Rita. At the time, the facility housed the Police Department's Family Violence Division offices and served as a community center available for rental. After the storm,the facility was closed and the Family Violence Division was relocated. A new community center was designed by Rob Clark ofArchitectural Alliance. The new community center consists of a large assembly room, a rear catering entrance, patio, kitchen, storage, and restrooms. The seating capacity accommodates 200 assembly style, 150 seated at rectangular shaped tables and approximately 100 seated at round tables. The building has been designed to minimize damage and maintenance. Some ofthe amenities include ceramic tile floors and baseboards for easier clean up and maintenance,grommets installed in the as etc., sembly room walls for placement of banners and posters, stainless steel kitchen countertops with sufficient electrical outlets for warming trays, space below countertops for ice chests, a large storage room for tables and chairs, a janitor closet and large restrooms designed to accommodate the number of guests at an event. In addition, there will be new exterior lighting and expanded parking. The first of several new community centers to be constructed in over twenty years (20) years will provide citizens with a functional as well as an attractive centerpiece to the park. The building was Construction of Central Park Community Center November 2, 2006 Page 2 designed so that the same floor plan can be enlarged or reduced for construction at all designated community parks scheduled for replacement. Eight (8)bids were received Thursday, October 26, 2006. They are as follow: Contractor Price Completion Time McInnis Construction $748,540 160 days Silsbee, TX Pelco Construction $781,600 245 days Liberty, TX N& T Construction Co., Inc. $805,500 180 days Orange, TX Goss Building, Inc. $841,851 180 days Beaumont, TX H. B. Neild and Sons $854,500 210 days Beaumont, TX Cleveco Construction $872,000 180 days Lumberton, TX SeTex Construction Corporation $970,000 240 days Beaumont, TX Brammer Construction $976,342 Nederland, TX 180 days McInnis Construction plans to subcontract approximately 13% of the project to certified Minority Business Enterprise companies. Work is expected to commence by the 1"of December and be completed in approximately 160 days. BUDGETARY IMPACT Funds for this project are available from insurance proceeds and the Capital Program Fund. PREVIOUS ACTION None. Construction of Central Park Community Center November 2, 2006 Page 3 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Capital Projects Manager and Director of Public Works. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, materials and equipment necessary to construct a community center at Central Park located at the corner of Fannin and 4th Streets; and, WHEREAS, McInnis Construction of Silsbee, Texas, submitted a bid in the amount of $748,540; and, WHEREAS, City Council is of the opinion that the bid submitted by McInnis Construction of Silsbee, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McInnis Construction of Silsbee, Texas, for a contract to furnish all labor, materials and equipment necessary to construct a community center at Central Park located at the corner of Fannin and 4th Streets in the amount of $748,540 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2006. - Mayor Guy N. Goodson - • �� INTER-OFFICE MEMORANDUM City of Beaumont, Texas Public Health Department Date:November 3, 2006 To: Kyle Hayes, City Manager From: Kathy Scofield-Health Services Manager Subject: Code Enforcement Division COMMENTS Attached is an overview of the Code Enforcement Program. Included are program objectives,enforcement procedures,program challenges and program changes. Please contact me if you have any questions or concerns. • Attachments Beaumont Public Health Department Code Enforcement Division Program Overview The Code Enforcement Division of the Beaumont Health Department is responsible for enforcement of a variety of municipal codes and ordinances which were created to promote the health, safety, and welfare of the citizens of Beaumont. This includes enforcement of ordinances which regulate high weeds and grass, litter,junked motor vehicles, general nuisances, standing water, etc. The goal of Code Enforcement is to help maintain and improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of city codes. Code Enforcement Officers work closely with residents, neighborhood associations and other city departments to actively enforce city codes, facilitate voluntary compliance and participate in special clean up projects Currently, Code Enforcement is budgeted for nine (9) full time employees which includes five (5) full time code enforcement officers, three clerical support employees and a division manager. The fifth code enforcement officer position, which was added in the FY 2007 budget, is currently in the process of being filled. There is also one additional Code Enforcement Officer who is responsible for enforcement of codes within the Oaks Historic District. This officer is a part of the Public Works Department and works closely with the Code Enforcement staff. Specific program objectives include: 1. Improving the overall visual appearance of the ' pp city of Beaumont 2. Reducing program costs 3. Actively facilitating voluntary compliance with city codes Enforcement Procedures Each type of complaint received by Code Enforcement has a specific abatement process and each reported violation must be viewed by a code enforcement officer. In addition to response to complaints, systematic inspections are performed throughout the city. Written notices are issued for each violation identified requiring the owner to comply within a specified time period. For weed violations, if the property is not cut by the abatement date, it is placed on a mow sheet to be cut by a city contractor. For litter violations, when citizens fail to bring their properties into compliance, charges are filed in Municipal Court. An Environmental Court has been established and all code enforcement cases are brought before the Magistrate on Thursday mornings. Junk motor vehicles which are not brought into compliance within the designated time frame are removed by a wrecker. Ownership of the junk motor vehicle is then transferred to the wrecker service to be demolished. Code Enforcement is responsible for the maintenance of 94 identified "abandoned" lots and 259 " city" lots."Abandoned" lots are identified as privately owned properties which are listed on the tax roll with no known name and/or mailing address. The majority of the "abandoned" properties are vacant lots. "City" lots include properties that are owned by the city of Beaumont or Jefferson County. Also included in this group are unimproved street rights-of-way. Each of these properties are scheduled for routine mowing five to six times during the year. Scheduled mowing of these lots begins in March. Some of these lots may be cut more often if needed. In FY 2006, the mowing costs for city and abandoned lots totaled $45,965. Code Enforcement is also responsible for enforcement of the weed ordinance on all privately owned properties. During FY 2006, a total of 2,977 notices were issued for weed violations, which resulted in approximately 1600 cuttings of privately owned property. Contractor costs for mowing privately owned property totaled $72, 928. If a property is found to be in violation within twelve months after a notice is issued, it can be cut by the city without additional notification to the property owner. Program Challenges Staff continues to receive numerous citizen complaints concerning privately owned lots with downed trees, limbs, etc. A large majority of these violations are on privately owned vacant lots. Code Enforcement's procedure is to issue written notice to the property owner in an attempt to achieve owner compliance. In a number of instances, the downed trees make it impossible for the grass to be cut. If the violation is not corrected, charges are filed in Municipal Court. A number of these reported violations are not only unsightly, but are beginning to pose serious health issues. In order to address these public health issues, some of these privately owned properties are being cleared by city contractors. In these instances, property owners are billed and liens are filed on the property. However, financial restraints limit the number of these privately owned lots that we can clear. Staff continues to look for ways to make absentee property owners accept responsibility for maintenance of their own property. The majority of the properties that we cut or clear are vacant lots. In many instances, owners live out of town or are unwilling or financially unable to maintain property. In some cases, we have been unable to identify or locate the property owners. However, we are currently exploring avenues to expand our search capabilities. Code Enforcement is working with software which was written in 1987. This software is outdated and must be replaced. Management is looking at purchasing new software that will meet current needs. Program Changes Currently the city is divided into three enforcement districts. Staff is working to reassign areas and to divide the city into six districts. The Oaks Historic District has been identified as one of these six districts. A Code Enforcement Officer will be assigned to each district and will work within his/her assigned area. Enforcement will be in response to citizen complaints, as well as, active surveillance within each district. Staff will also continue to participate ins special clean u p p projects, as well as, "Neighborhood Sweeps." Currently charges are filed against property owners for all litter violations not brought into compliance. Charges will also be filed for all weed violations not brought into compliance. In addition to charges being filed, properties in non compliance will be placed on a mow list to be cut by the city. Property owners will be billed for the costs and liens may be placed on the properties if bills are not paid. Staff proposes to initiate an aggressive community awareness program. The purpose of this program will be to instill community pride in the appearance of the city and to encourage citizens to accept responsibility by maintaining their own property. The city will aggressively enforce environmental codes by filing charges against individuals who fail to do so. • a. Public Works Department Development Services Dangerous Structures: There are currently 528 structures in the City's system. Of this amount, 81 structures are in a work program; 206 are awaiting their first Council order and 193 structures did not comply with Council orders and are in the process of being demolished. The following chart shows the current status of these tagged structures: Dangerous Structures Status Sturctures in a Structures Not Work Program (81) Meeting Council Order and in the - Process of Being Demolished(193) Structures Awaiting their 1st Council Order(206)* *78 to go to City Council on December 5,2006 • Additional Details About Dangerous Structure Statistics Since January 1, 2006• Dangerous structure complaints 417 Dangerous structure inspections 3,882* Notices issued 1,325* Total structures tagged 528 Structures in a work program 81 Structures awaiting first Council Order 206 Structures that did not comply with Council Order and are now in the process of being Demolished. 193 Residential structures demolished 225 Commercial structures demolished 11 Also, attached is a diagram outlining the Dangerous Structure Condemnation Process. *Multiple Inspections are done and multiple notices are mailed for each structure. City of Beaumont 1 A X Dangerous Structures • Condemnation Process /Owner January 2005 ` Contacts \ city / Owner Owner Consents Owner Enters Demolishes to Demolition Work Program >+.nurture _ by City (150 days) - -City --- - Demoiiahes Substantial Stn ucture Completion Ye N 60 days to Request obtain CO N Condemnation Order Yes C � � Raze or Repair/Raze Order Raze Repair/Raze Order Order(150 days) -City Substantial Demolishes 4-No Completion Structure (90 days) Yes N 60 days to obtain CO Yes CtJ' lined