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HomeMy WebLinkAboutPACKET NOV 14 2006 1V~ t700JJ IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 14, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for freeway lighting materials B) Authorize the City Manager to execute a Local Transportation Project Advanced Funding Agreement for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation and the South East Texas Regional Planning Commission A ,F, ! f C it of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 6, 2006 REQUESTED ACTION: Council consider awarding a contract for freeway lighting materials. RECOMMENDATION Administration recommends awarding a contract to Wholesale Electric of Beaumont for the purchase of Cobrahead luminaries for$170.80 each and photoelectric controls for $16.41 each. BACKGROUND Bids were solicited from eighteen (18) vendors for a six-month contract to provide replacement freeway lighting materials. Vendors were asked to provide pricing for 200 Cooper Lumark® Cobrahead luminaries and 75 photoelectric controls. The specified fixtures match those currently in use in the City's freeway lighting system.Quantities stated were based on a six-month usage estimate and the City may increase or decrease the quantity of each item during the term of the contract as needed. Installation will be performed by City work forces. The following bids were received: Vendor 200 Cobrahead 75 Photoelectric Total Bid Luminaries Controls Wholesale Electric, Beaumont, TX $170.80 $16.41 $35,390.75 Reily Wesco, Beaumont, TX $182.90 $18.00 $37,930.00 All-Phase Electric, Groves, TX $184.00 $19.41 $38,255.75 Rexel, Beaumont, TX $187.00 $18.40 $38,780.00 Energy Conserving Products, $204.35 $18.35 $42,246.25 Newport News, VA Gonzales Electrical Systems, $246.25 $24.21 $51,065.75 Beaumont, TX Contract for Freeway Lighting Materials November 6, 2006 Page 2 BUDGETARY IMPACT Funds for this expenditure are available in the Transportation Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Chief Financial Officer. RESOLUTION NO. WHEREAS, bids were received for a six(6) month contract to provide replacement freeway lighting materials; and, WHEREAS, Wholesale Electric, Beaumont, Texas, submitted a bid in the amounts of $170.80 each for two-hundred (200) Cobrahead luminaries and $16.41 each for seventy-five (75) photoelectric controls for a total cost of $35,390.75; and, WHEREAS, City Council is of the opinion that the bid submitted by Wholesale Electric, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Wholesale Electric, Beaumont, Texas, for a six (6) month contract for freeway lighting materials to provide two-hundred (200) Cobrahead luminaries in the amount of$170.80 each and seventy-five (75) photoelectric controls in the amount of $16.41 each, for a total cost of $35,390.75 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of November, 2006. - Mayor Guy N. Goodson - B VOW*"F City of Beaumont 6q- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 6, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manger to execute a Local Transportation Project Advanced Funding Agreement for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation and the South East Texas Regional Planning Commission. RECOMMENDATION Administration recommends Council approve a resolution authorizing the City Manger to execute a Local Transportation Project Advanced Funding Agreement for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation and the South East Texas Regional Planning Commission. BACKGROUND The South East Texas Regional Planning Commission (SETRPC) has obtained Congestion Mitigation/Air Quality (CMAQ) funding to upgrade the traffic signal preemption at 102 signalized intersections within the City limits. The traffic signal preemption system allows fire vehicles with emergency lights in operation to receive a green signal indication when approaching an intersection. The Texas Department of Transportation(TxDOT)is responsible for securing the Federal and State share of the funding required for the project and the SETRPC is responsible for the non-federal and non-state participation costs. The City will be responsible for the future maintenance of the system. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works and City Engineer SignalPreemptionSETRPCTxDOTAgreement.wpd November 6,2006 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 Local Transportation Project Advanced Funding Agreement for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation and the South East Texas Regional Planning Commission. 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 14th day of November, 2006. - Mayor Guy N. Goodson - City of Beaumont CSJ: 0920-00-066 Traffic Signal Preemption Funding Category: CMAO STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation/Air Quality Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", the South East Texas Regional Planning Commission, acting by and through its duly authorized officials, hereinafter called the "MPO", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "City". WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and .the Transportation Equity Act for the 21St Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public.purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 107737, authorizing the State to undertake and complete a highway improvement generally described as the installation of traffic signal preemption devices. WHEREAS, the Governing Body of the MPO has approved entering into this Agreement by resolution or ordinance dated and the Governing Body of the City has approved entering into this Agreement by resolution or ordinance dated , both of which are attached hereto and made a part hereof as Attachment "A" for the installation of traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment "B" hereinafter referred to as the Project. Page 1 of 8 EXHIBIT "A" NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work for this Agreement is described as the installation of traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment "B" along with the installation of eighteen (18) emitters. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the MPO, the City or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. Any work done prior to federal authorization will not be eligible for reimbursement. It is the MPO's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the MPO is due funds for expenses incurred, these funds will be reimbursed to the MPO on a cost basis. d. The MPO will be responsible for all non-federal and non-state participation costs, including all project cost overruns, unless provided for in this agreement or through amendment of this agreement. e. At least sixty (60) days prior to the date set for receipt of the construction bids, the MPO shall remit its remaining financial share for the State's estimated construction oversight and construction costs. f. In the event the State determines that additional funding is required by the MPO at any time during the Project, the State will notify the MPO in writing. The MPO will make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the MPO, the State, or the Federal government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the MPO. i. If a waiver has been granted, the State will not charge the MPO for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the MPO prior to completion of the project. Page 2 of 8 J. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. k. If the City is an Economically Disadvantaged County and if the Texas Transportation Commission has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. The State will not execute the contract for the construction of the project until the required funding has been made available by the MPO in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the MPO may elect not to provide the funding and the Project does not proceed because of insufficient funds; the MPO agrees to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The MPO or its contractor shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the MPO or its contractor's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The MPO or its contractor will not be reimbursed with federal or state funds for the cost of required utility work. The MPO or its contractor must obtain advance approval for any variance from established procedures. Before a construction contract is let, the MPO shall provide, at the State's request, a certification stating that the MPO or its contractor has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Page 3 of 8 Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The MPO or its contractor is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The MPO or its contractor is responsible for the cost of any environmental problem's mitigation and remediation. c. The MPO or its contractor is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The MPO or its contractor is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The MPO or its contractor shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The MPO or its contractor has responsibility for the performance of architectural a nd engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities a. The MPO or its contractor will use labor and supervisory personnel employed directly by the MPO or its contractor, and use MPO owned or its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the MPO or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. b. No reimbursement shall be paid for any materials supplied by the MPO or its contractor. All materials shall be new and undepreciated stock. c. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City or its contractor at the City's expense. Page 4 of 8 12. Project Maintenance The City shall be responsible for maintenance of the devices following installation, unless otherwise provided for in existing maintenance agreements with the State. 13. Right of Way and Real Property The City is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to any party by another party required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: MPO: City: State: South East Texas Regional Planning Commission City of Beaumont Texas Department of Transportation Attn:Executive Director Attn: City Manager Attn:District Engineer 2210 Eastex Freeway P.O.Box 3827 8350 Eastex Freeway Beaumont,Texas 77703 Beaumont,Texas 77704 Beaumont,Texas 77708 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Any party may change the above address by sending written notice of the change to the other parties. Any party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parties. tr 15. Legal Construction tion In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State, MPO and the City agree that no party is an agent, servant, or employee of another party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the MPO or City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the MPO or City. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies Page 5 of 8 1 or tribunals in any manner affecting the performance of this Agreement. When required, the MPO or City shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. , 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the MPO, the City, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the MPO, the City and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. 24. Civil Rights Compliance The MPO and City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(6)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by Page 6 of 8 the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the MPO or City shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this agreement authorizes the MPO or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing letin the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. Page 7 of 8 THE MPO THE CITY Name Name Printed Name and Title Printed Name and Title Date Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date Page 8 of 8 ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A ATTACHMENT B Listing of Signal Locations On-System Locations Off-System Locations 1. SP 380 at US 69 1. Dowlen at Calder 47.4 at Sarah 2. SP 380 at Florida 2. Dowlen at Westgate 48.4 th at Washington 3. US 69 at SH 124 3. Dowlen at Gladys 49.Gladys at Thomas 4. SH 124 at Tyrell Park Rd. 4. Dowlen at Delaware 50.Helbig at Lucas 5. US 90 at Lindbergh 5. Dowlen at Folsom 51.Highland at Lavaca 6. FM 364 at McLean 6. Dowlen at Old Dowlen 52.Highland at Woodrow 7. FM 364 at Manion 7. Dowlen at Westridge 53.Highland at Virginia 8. IH 10 at US 90 (College St.) 8. Washington at Langham 54.Houston at Washington 9. US 90 at 11th St. 9. Washington at Lindbergh 55.Irving at Washington 10. US 90 at Dowlen 10. Washington at 23rd 56.Magnolia at North 11. Folsom at FM 364 11. Washington at Ave. A 57.Magnolia at Wiess 12. FM 364 at Washington 12. Lucas at Crow 58.Liberty at Magnolia 13. FM 364 at SH 105 13. Gladys at Lucas 59.North at 7th 14. Walden at FM 364 14. Gladys at Edson 60.Peyton at Phelan 15. US 90 at 8th St. 15. Phelan at Arlington 61.Phelan at 23rd 16. FM 364 at Delaware 16. Washington at 8th St. 62.Sabine Pass at Washington 17. Ave. A at US 69 17. Folsom at Crow 18. Calder at IH 10 18. Concord at Steelton 19. US 90 at Ave.0 19. Bigner, Lucas at Lufkin 20. US 90 at 4th 20. Blanchette at 11 th 21. US 90 at Langham 21. Calder at 11th 22. US 90 at FM 364 22. Calder at Ewing 23. US 90 at SP 380 23. Calder at 4th 24. US 90 at Orleans 24. Calder at 14th 25. US 90 at Park 25. Calder at Magnolia 26. US 90 at 23rd 26. Calder at 7th 27. Delaware at US 69 27. Calder at 23rd 28. Dowlen at US 69 28. Calder at Willow 29. US 69 at Lucas 29. Champion at Walden 30. 11th at IH 10 30. Concord at Delaware 31. Gladys, IH 10 at Longfellow 31. Concord at Judy 32. Gulf, SP 380 at IH 10 32. Concord at Lucas 33. Harrison at IH 10 33. Corley at 11th 34. IH 10 at Laurel 34. Corley at 4th 35. IH 10 at North 35. Crow at Dowlen 36. IH 10 at Washington 36. Delaware at 11th 37. FM 364 at Phelan 37. Delaware at Lucas 38. SP 380 at North 38. Dowlen at Phelan 39. SP 380 at Park 39. 11 tr,, Fannett at Sarah 40. SP 380 at Washington 40. 11 th, Laurel at Liberty 41. 11 th at North 42. 11 th at Stagg 43. 11th at Washington 44. Florida at Highland 45. Folsom at Lucas 46.4th at Liberty Page 1 of 1 Attachment B ATTACHMENT C Project Budget Estimate and Source of Funds The MPO or its contractor will install traffic signal preemption devices at locations that may include but are not limited to those listed in Attachment B along with eighteen (18) emitters. Based on the funding Category 5, the MPO's participation is typically 20% of the cost of this particular improvement; however, since this project is also related to traffic safety, 100% of the construction costs for this improvement will be paid for with federal funds. The State has estimated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Participation Partici ation % Cost % Cost % Cost , E :. ,, Installation of Signal $307,319.85 100% $307,319,85 0% $0.00 0 $0.00 Preem tion Devices v` € Engineering & $49,171.18 100% $49,171.18 0% ° Contingencies (E&C)** $0.00 0/o $0.00 (Estimated @ 16% of construction TOTAL $356,491.03 $356,491.03 $0.00 $0.00 Engineering and contingencies charges will be based on actual charges. MPO's Participation (0%) It is understood that the State will include only those items for the improvements as requested and required by the MPO or its contractor. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment C �i I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 14, 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 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2006; authorizing the refunding of certain bonds and obligations and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities; and containing other matters related thereto 2. Council approve a resolution authorizing the City Manager to execute an agreement with Public Management, Inc., of Cleveland Texas to implement the City's 2006 Texas Community Development Block Grant Disaster Recovery Program 3. Consider approving a repayment of federal HOME funds from the City's Fund Balance in the General Fund W ORKSESSION * Review and discuss the execution of water and/or wastewater service agreements with City of Beaumont wholesale customers 4. Consider authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers 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: Curtis Breaux, et al v. the City of Beaumont, Texas, et al; No. D175,609 In the Matter of Arbitration between The City of Beaumont and Beaumont Police Officers Association, Lance Tiner and Teddy Ratcliff, No. 70 390 00354 06 * 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 14, 2006 Consider authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2006; authorizing the refunding of certain bonds and obligations and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities; and containing other matters related thereto Clej City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 9, 2006 REQUESTED ACTION: Council consider an ordinance authorizing the issuance of City of Beaumont,Texas,General Obligation Refunding Bonds, Series 2006; authorizing the refunding of certain bonds and obligations and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities; and containing other matters related thereto. RECOMMENDATION The administration requests approval of an ordinance authorizing the issuance of City of Beaumont, Texas,General Obligation Refunding Bonds, Series 2006;authorizing the refunding of certain bonds and obligations and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities; and containing other matters related thereto. BACKGROUND Coastal Securities, UBS Investment Bank, Estrada Hinojosa & Company, Inc, First Southwest Company, and Morgan Keegan& Company, Inc. will provide underwriting services on the above mentioned bonds. The bonds to be issued will approximate$24,000,000 and will mature March 1,2008 through March 1, 2018 with interest payable semiannually in March and September beginning March 1, 2007. The Bank ofNew York Trust Company,N.A.,Dallas,Texas will serve at paying agent/registrar. Delivery and receipt of the proceeds by the City is expected to be on December 14, 2006. Proceeds will be used to refund a portion of the 1996 Refunding Bonds,the 1996 Certificates of Obligation,the 1998 Certificates of Obligation, the 1999 Certificates of Obligation and to pay the cost of issuance. The refunding is expected to produce a net cost savings to the City of approximately $500,000. BUDGETARY IMPACT All debt related to the refunding shall be incurred in Debt Service Fund which is supported by property taxes except for a small portion of the debt related to the 1996 Certificates of Obligation which is carried in the Water Fund and is supported by revenues of the waterworks and sewer system. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. w PRELIMINARY OFFICIAL STATEMENT DATED NOVEMBER 3,2006 IN THE OPINION OF BOND COUNSEL, INTEREST ON THE BONDS IS EXCLUDABLE FROM GROSS INCOME FOR FEDERAL F INCOME TAX PURPOSES UNDER EXISTING LAW, SUBJECT TO THE MATTERS DESCRIBED UNDER "LEGAL MATTERS— TAX EXEMPTION"HEREIN,INCLUDING THE ALTERNATIVE MINIMUM TAX ON CORPORATIONS. NEW ISSUE—BOOK-ENTRY-ONLY RATINGS: Moody's Investors Service,Inc. ............................._" Standard&Poor's Ratings Services...................."_" See"SALE AND DISTRIBUTION OF BONDS—Municipal Bond Ratings"herein. s $24,040,000* THE CITY OF BEAUMONT, TEXAS U r (A political subdivision of the State of Texas located within Jefferson County) G GENERAL OBLIGATION REFUNDING BONDS, SERIES 2006 E s Dated: December 1,2006 Principal Due: March 1 Principal of and interest on The City of Beaumont,Texas$24,040,000 General Obligation Refunding Bonds,Series 2006(the"Bonds")are payable at the principal corporate trust office of The Bank of New York Trust Company,N.A.,Dallas,Texas,the paying agent/registrar(the it "Registrar"). The Bonds are initially registered and delivered only to Cede&Co.,the nominee of The Depository Trust Company("DTC") v pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Bonds may be acquired in denominations of$5,000 or integral multiples thereof. No physical delivery of the Bonds will be made to the beneficial owners thereof. Interest accrues from December 1, 2006, and is payable each March 1 and September 1 of each year, commencing March 1, 2007, until maturity or prior redemption. The Bonds are subject to redemption prior to their scheduled maturities on March 1,2016 or any date thereafter,at the option .Y of the City. Upon redemption the Bonds will be payable at a price equal to the principal amount thereof plus accrued interest to the date of " redemption. The Bonds are issued in fully registered form in integral multiples of$5,000. Principal of and interest on the Bonds will be payable by the Registrar to Cede& Co.,which will make distribution of the amounts so paid to the beneficial owners of the Bonds. See "THE BONDS—Book-Entry-Only System"herein. Interest on the Bonds will be payable by check, dated as of the interest payment date, and mailed by the Registrar to registered owners(initially Cede&Co.)shown on the records of the Registrar on the fifteenth calendar day b of the month next preceding each interest payment date(the"Record Date"). See"THE BONDS—Description of the Bonds." The City has applied for a municipal bond insurance policy to guarantee the scheduled principal and interest on the Bonds. s MATURITY SCHEDULE (Due March 1) Initial CUSIP Initial CUSIP ° Principal Interest Reoffering Nos. Principal Interest Reoffering Nos. Maturity Amount* Rate Yield a 074561(c) Maturity Amount* Rate Yield(a) 074561(c) F, 2008 $ 140,000 % % 2014 $2,805,000 % % 2009 1,520,000 2015 2,040,000 v 2010 1,585,000 2016 2,125,000 F 2011 2,215,000 2017(b) 2,210,000 s 2012 2,370,000 2018(b) 4,535,000 00 2013 2,495,000 Z (a) The initial yields will be established by and are the sole responsibility of the Underwriters,and may subsequently be changed. (b) The Bonds maturing on or after March 1,2017 are subject to redemption,at the option of the City,at the par value thereof plus accrued ° interest,in whole or in part,on March 1,2016,or any date thereafter. .� (c) CUSIP numbers have been assigned to the Bonds by Standard and Poor's CUSIP Service Bureau, A Division of the McGraw-Hill Companies, Inc., and are included solely for the convenience of the registered owners of the Bonds. Neither the City, the Financial b Advisor,nor the Underwriters are responsible for the selection or correctness of the CUSIP numbers set forth herein. ° � r The Bonds are being issued pursuant to the Constitution and laws of the State of Texas,particularly Chapter 1207,Texas Government Code, Y 6 as amended and provisions of an ordinance (the "Ordinance") to be adopted by the City Council (the "City Council") of the City on g G , November 14, 2006. Proceeds from the sale of the Bonds will be used to refund certain outstanding obligations of the City as more a ° specifically described in"APPENDIX D— Schedule of Refunded Obligations" (the "Refunded Obligations") attached hereto and to pay certain costs in connection with the issuance of the Bonds. (See"THE BONDS—Use of Proceeds"and"THE BONDS—Sources and Uses of Funds".) The Bonds,when issued,will constitute valid and binding obligations of The City of Beaumont,Texas(the"City")and will be E = payable from the proceeds of an annual ad valorem tax,levied within the limits prescribed by law,against taxable property within the City. The Bonds are offered when,as and if issued subject to the approving opinion of the Attorney General of the State of Texas and the opinion of Orgain, Bell & Tucker, L.L.P., Beaumont, Texas, Bond Counsel to the City as to the validity of the issuance of the Bonds under the Constitution and the laws of the State of Texas. Certain legal matters will be passed upon for the Underwriters by their counsel,Andrews _ g Kurth LLP, Houston,Texas. See"LEGAL MATTERS." The Bonds are expected to be available for delivery on or about December 14, S 2006. 7 U N COASTAL SECURITIES Ua UBS INVESTMENT BANK ESTRADA HINOJOSA& CO.,INC. K b FIRST SOUTHWEST COMPANY MORGAN KEEGAN & CO.,INC. E o c0 N * Preliminary,subject to change. 2 November 14,2006 Council approve a resolution authorizing the City Manager to execute an agreement with Public Management, Inc., of Cleveland Texas to implement the City's 2006 Texas Community Development Block Grant Disaster Recovery Program City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 6, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute an agreement with Public Management,Inc.,of Cleveland Texas in the amount of$125,000 to implement the City's 2006 Texas Community Development Block Grant Disaster Recovery Program. RECOMMENDATION Administration recommends Council approve a resolution authorizing the City Manager to execute an agreement with Public Management, Inc., of Cleveland Texas, in the amount of $125,000 to implement the City's 2006 Texas Community Development Block Grant Disaster Recovery Program, which is administered by the Office of Rural Community Affairs. BACKGROUND The Council recently approved an agreement with the Texas Office of Rural Community Affairs (OCRA) for an award under the Texas Community Development Block Grant Program in the amount of $1,950,000. The Disaster Recovery Grant Program (TXCDBG) was established by Federal legislation to aid areas most impacted and distressed by Hurricane Rita. This funding is allocated for non-housing projects. The funding provided to the City under this program will be utilized as a portion to the twenty-five percent (25%) match toward a Hazard Mitigation Grant Program (HMGP) award from the Federal Emergency Management Agency(FEMA)on behalf of Drainage District No.6. The combined funds will be used to construct a drainage system on Calder Avenue from the Neches River to West Lucas Street. This project will address repetitive flooding problems in a significantly populated area of approximately 26,250 persons and will remove more than 900 homes on the National Flood Insurance Program(NFIP) repetitive loss listing. Additionally, this project will benefit 14,817 persons of low to moderate income. Under the terms of the agreement, Public Management will be responsible for the administration of the ORCA TXCDBG Disaster Recovery Program. Program administration includes,but is not limited to budget revisions, time schedules, record management and amendments requiring prior ORCA approval, compliance with performance standards for citizen participation, preparation and maintenance of a written Environmental Review, real property acquisition, compliance with Fair Housing and Equal Opportunity requirements, act as City's liaison with ORCA and assist in the financial accounting system. BUDGETARY IMPACT The$125,000 cost of administering the project is in addition to the program award from ORCA. The total cost of the project is estimated at $47,150,000 with the City's share totaling approximately $21,534,820. Funds are available for the project in the Capital Program. PREVIOUS ACTION Council approved the program award from ORCA on October 31, 2006. SUBSEQUENT ACTION The Drainage District No. 6 and City will have to enter into an Interlocal Agreement for the City to access the Hazard Mitigation Grant Program funding. RECOMMENDED BY City Manager and Director of Public Works ORCACDBGPublieManagementAgreement.wpd November 6,2006 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 Public Management, Inc., Cleveland, Texas, in the amount of$125,000 to implement the City's 2006 Texas Community Development Block Grant Disaster Recovery Program. 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 14th day of November, 2006. - Mayor Guy N. Goodson - MANAGEMENT SERVICES CONTRACT STATE OF TEXAS S S . KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON S This agreement made and entered by and between PUBLIC MANAGEMENT, INC. of Cleveland, Liberty County, Texas (herein called Consultant) and the CITY OF BEAUMONT, Texas (herein called City) for the purpose of retaining Consultant to render services to implement the City's 2006 Texas Community Development Block Grant (TXCDBG) Disaster Recovery Program, which is administered by the Office of Rural Community Affairs (ORCA). I. Consultant agrees to provide City with services as follows: a) Provide administrative assistance including but not limited to budget revisions; time schedules,record maintenance, and amendments requiring prior ORCA approval. b) Assure compliance with performance standards for citizen participation. c) Prepare and maintain a written Environmental Review Record; assist in compliance with Flood Plain and Wetlands Management review guidelines. d) Implement and document real property, acquisition and relocation assistance . activities. e) Develop, implement and document Fair Housing and Equal Opportunity requirements and serve as the City's Fair Housing Officer during the course of this Program: fl Implement and document labor standards and contract compliance regulations in Program projects/activities. g) Assist in the maintenance of a financial accounting system incidental to the various Program projects/activities. h) Assist in other measures,and matters incidental to and necessary in carrying out the City's Program. i) Advise the City concerning Program requirements and regulations. D Act as the City's liaison with ORCA on all communications. 56 EXHIBIT "A" k) Prepare necessary reports about the Program, including the performance report for ORCA the Mayor, City Council and citizens' groups. It is specifically agreed and understood that the Consultant will not provide either personally or by contract any professional or technical services requiring a li cense by the State of Texas in any phase or aspect of the foregoing rather, Consultant will advise City of the need of such services in furtherance of the planned objectives of the City's Program. Consultant hereby agrees that in the implementation of this agreement, he will comply with the provisions of Attachment 1--Terms and Conditions, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatim. . III. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. IV. It is agreed by the parties hereto that Consultant will, in the discharge of services herein, be considered as an Independent Contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultants fees under the Procurement Standards of Attachment O of OMB Circular No. A-102 and Title 24 CFR Part 570.200 (g) Consultant Activities: 57 V. For and in consideration of the foregoing,City agrees to pa Consultant a fee not to exceed ONE HUNDRED TWENTY-FIVE THOUSAND AND' NO/100 DOLLARS ($125,000.00) payable upon receipt of.invoice from Consultant in accordance with the following:schedule: Fee Schedule Set Up Record Keeping System.............. ...................... $8,500.00 ....... ............ Preliminary Administrative Requirements.. ...................... ......... 8,500.00 Environmental Review....................... ........................................... 12,500.00 Special Conditions Fulfilled.......... ........................................... Acquisition........ '""' ............................................................. ........ 8,500.0 Financial Management/Drawdowns.................................................... 14,500.00 ......................... Equal Opportunity Requirements............:........ ..... 2,000.00 ........................... Fair Housing Requirements......... 2,000.00 Coordinate Contractors/Special Districts and City Personnel.................. 7,000-00 . Special Consultants/Subcontractors... .................. ........................... 12,500.00 ORCA Liaison............. 7,0 Bid Documents/Bid Timetable/Bid Award.............. 7,000.00 Construction/Demolition Comphance/Davis Bacon.................... 7,000.00 Reporting and Correspondence....................... 7,000.00 Closeout Documents...................................:........... 0 ...................... 12,500: It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by ORCA indicate that personal services were compensated at greater than reasonable rate. VI. The Public Works Director or his/her designated representative will 'act as the Consultant's primary contact regarding all matters.in connection with the Program. VII. This agreement shall extend and be in full force until the City's 2006 TXCDBG program has been fully closed out by ORCA. 58 VIII. If either party shall fail to keep any of the agreements herein by him to be kept, or to make any payments by him to be made, the other party may, by giving the party in default written notice; cancel and terminate this agreement as and from the expiration of five.(5) days of receipt of said notice. In the event of termination, City agrees to pay Consultant for all'-services actually performed and expenses incurred as of the date;-of termination in accordance with the schedule set forth in Paragraph V hereof. :-"It is' specifically agreed and understood by the parties hereto that, in the event of breach by Consultant, City reserves and preserves unto itself any and all remedies, administrative, legal, or equitable as may accrue to it either under the terms of this agreement or the laws of the State of Texas or of the United States. . IX. City, ORCA, the Federal.grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of.the Consultant which are directly pertinent.to this contract, for the purpose of making audit, examination, excerpts, and transcriptions. Consultant agrees hereby to maintain-all records made in connection with this agreement for a period of three (3) years after City makes final .payment and all other pending matters are closed. X. If, by reason of force majeure, either party hereto shall be rendered unable,wholly or in part, to carry out its obligations under this agreement, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, acts of public enemy, orders of any of the Government of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasonably within the control of the party claiming such inability. XI. This document embodies the .entire agreement of the parties hereto and no amendment, addition, or deletion will be valid except same be in writing and executed by the parties. 59 XII. If a portion of this contract is or be declared illegal, the validity of the remainder and balance of the contract shall not be affected thereby. PUBLIC MANAGEMENT,INC. P. O. Box 1827 Cleveland, Texas 77328 281592-0439 J. ANDREW RICE President CITY OF BEAUMONT KYLE HAYES Mayor ATTEST: ROSE ANN JONES City Clerk 60 ATTACHMENT"1 TERMS AND CONDITIONS I Equal Employment Opportunity During the performance of this Contract, the Consultant agrees as follows: a). The Consultant will. not discriminate against any employee or applicant for employment because of race, creed sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex color or national origin. Such action shall include, but not be limited to, the..following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth provisions of this non-discrimination clause. b) The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that qualified applicants will receive consideration. for employment without regard to race, creed, color, sex, or national origin. . c) The Consultant will cause the foregoing provisions to be inserted in all.subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d) The Consultant will include the provisions a. through c. in every subcontract or purchase order unless exempted. II. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds. of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be. subjected to discrimination under any program or activity receiving Federal financial assistance. 61. ' III. Section 109 of the Housing and Community Development of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation 'in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. IV. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that-to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development. set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution'-of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from.complying with these requirements. c) The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or . workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d) The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The Consultant will~not subcontract With any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 62 e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Pant 135, and all applicable rules and orders of the.Department issued herunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the'proj ect, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his contractors and subcontractors, his successors and assigns to those sanctions specified by the grant or loan agreement .or contract through which federl assistance is provided,,and to such sanctions as are specified by 24 C.F.R. Part 135. V. Section 503 Handicapped Affirmative Action for Handicapped Workers a) The . Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap,in regard to.any position for which the employee or applicant for employment is qualified. The Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap inall employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) The Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C) In the event of the Con'sultant's non-compliance with requirements of this clause, actions for non-compliance may be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d) The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e) The Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 63 f) The Consultant will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section ,503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director.of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non=compliance. VI. Interest of Members of City No member of the governing body of the City and no other'officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of program, shall have any personal financial interest, direct or indirect, in this Contract and 'the Consultant shall take appropriate steps to assure compliance. VII. Interest of Other Local Public Officials No member of the governing body of the locality and no other.public official of such locality, who exercises any functions or responsibilities in connections with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect;in this Contract; and the Consultant shall take appropriate steps to assure compliance. VIII. Interest of Consultant and Employees The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further'covenants that in the performance of this contract, no. person having any such interest shall be employed. 64 3 November 14, 2006 Consider approving a repayment of federal HOME funds from the City's Fund Balance in the General Fund I~- I OUE-! City of Beaumont Qw- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 7, 2006 REQUESTED ACTION: Council authorize repayment of federal HOME funds from the City's Fund Balance in the General Fund.. RECOMMENDATION Administration recommends Council authorize repayment to the City's HOME Treasury Account in the amount of$68,363.19 from the Fund Balance in the General Fund in response to a finding issued by the U.S. Department of Housing and Urban Development (HUD) for a home located at 4030 University Drive. BACKGROUND The Southeast Texas Community Development Corporation,Inc. (SETCDC)received an allocation of 1994 HOME funds to acquire and rehabilitate homes that would be retained by SETCDC as rental property and made available to low/moderate income households. The home at 4030 University Drive was acquired on June 21, 1995 and rented to a qualified family. The City invested$68,363.19 of HOME funds to acquire and rehabilitate this property, requiring a minimum 15-year long-term affordability period. During the affordability period, the property must be occupied, either through sale or lease, by an eligible low/moderate income family. In May 2001, SETCDC made a written inquiry to the City requesting a determination regarding repayment requirements if the home were sold to the Lamar Institute of Technology. The City promptly notified SETCDC in writing that a repayment would be required, and upon receiving notification, SETCDC abandoned the sale. On April 9, 2002, approximately one year later, SETCDC sold the property to the Lamar Institute of Technology with seven (7) years of the affordability period remaining. Upon review by HUD, a finding was issued against the City for the sale of the home. The City discontinued doing business with SETCDC in 2004. Since the sale of the property was not to a qualified low/moderate income household,HUD is requiring the total amount of the HOME investment be re-paid to the City's HOME Treasury Account. These funds may be used by the City for the next HOME eligible project. BUDGETARY IMPACT Repayment to the HOME Treasury Account will made from the Fund Balance in the General Fund in the amount of$68,363.19. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works and Development Services Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the repayment to the City's HOME Treasury Account in the amount of $68,363.19, from the Fund Balance in the General Fund in response to a finding issued by the U.S. Department of Housing and Urban Development (HUD) for a home located at 4030 University Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of November, 2006. - Mayor Guy N. Goodson - PSOENT U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Na*000� *Z, Fort Worth Regional Office,Region VI Office of Community Planning and Development 'aG IIIIIIII �� 801 Cherry Street,PO Box 2905 9eq�'OEVE'�e Fort Worth,TX 76102 Phone(817)978-5933—Fax(817)978-5559 www.hudgov OCT 2 4 2006 Kyle Hayes, City Manager City of Beaumont 801 Main Street Beaumont, TX 77704 Dear Mr. Hayes: SUBJECT: HOME Program — Southeast Texas Community Development Corporation Repayment of Funds for Rental Properties Sold During the Period of Affordability We have reviewed the city's response to our letter of September 29, 2006, which requested repayment of HOME funds provided by the city for rental properties sold during the period of affordability, unless the city could provide documentation that the properties were sold to eligible low-income persons. We have confirmed that there were nine rental properties instead of ten which was previously indicated. The information provided to HUD is sufficient to confirm that eight of the nine properties were sold to families at or below 80% of area median income. Five of the properties are still owned by the same families and the required period of affordability has been met. The required period of affordability will end April 21, 2015 on three of the properties. The homeowners still reside in these homes and the city has committed to confirm the continued residency annually. The remaining property, located at 4030 University Drive, was sold to Lamar Institute. The required period of affordability was not met for this property; therefore, in accordance with 24 CFR 92.254, the city must repay its HOME Treasury account with non-federal funds, in the amount of $68,363.19. Please remit a check for this amount to Ms. Sandra Warren, Director, Office of Community Planning and Development, U.S. Department of Housing and Urban Development, 1301 Fannin, Suite 2200, Houston, TX 77002. The Houston office will process the repayment to the city's HOME account. 2 If you have any questions or concerns, please contact Wayne Martin, Senior Affordable Housing Specialist, at 817/978-5943, or Ms. Sandra H. Warren, Director, Office of Community Planning and Development, in the Houston Office at 713/718-3273. Sincerely, Katie S. Worsham Katie S. Worsham Director cc: Janett Lewis, Housing Manager May-21 -01 02 :07P setcdc P. 01 ¢N.AST `'01TTHEAST TE M XAS CON ITNITY T)1LV1t:I,U1'MICNrt' COT�!'OItA'I'IUN. INC. �fdvrnr171,3;VfAnd++Jtiblc!musing -Ofind Hvusinl;C'atbrlrclur Credit("Welarcling and!{(purr mvmrbtpltr F:duculion 1l,)„(!Builders llnme financing MEMO May 21, 2001 TO: Richard Chappell City of Beaumont From: Matt Hopson )W6�A SETCD(' RE: Sale of 4030 University to Lanuir Fnst of'l'eeh. Richard, per our conversation, Lamar Institute of Technology is wanting to purchase the above property. Because the property was purchased and rehabbed with HOMF's fiends, we would like to know how much SETCDC needs to reimburse the City. We have two options available to us, (1) have house moved to another property we own or(2) they will demolish home. We are trying to see which is the most Cost effective. Please let me know what amount we need to return to you for land or on house and land. Your immediate attention to this matter would be appreciated. Thanks 11110 (INANI) 409.83.5.7:5$7 1'HClvp; 13HA11\(QNT,•1• 77701 motor A ` C City of Beaumont May 24, 2001 Mr. Matt Hopson Southeast Texas Community Development Corporation, Inc. P. O. Box 1789 Beaumont, TX 77704 RE: Recapture of HOME Program Funds from the Sale of the Property located at 4030 University Drive Dear Mr. Hopson: In your letter dated May 21, 2001 it was stated that the property located at 4030 University Drive which was acquired and rehabilitated using HOME Program funds is proposed to be sold. The proposed purchaser of the property, Lamar Institute of Technology, does not meet the affordability requirements of the HOME Program in accordance with 24 CFR 92.252. The Southeast Texas Community Development Corporation, Inc. (SETCDC) must repay to the City of Beaumont a portion of the HOME funds invested in this property in accordance with 24.CFR 92.252 and 24.CFR 92.254 (5) (ii) (2) as follows: HOME Funds Invested $41,621.66 Project Completion Date April 1996 Period of Affordability 15 years Expired period of affordability 5 years Remaining period of affordability 10 years Economic Development Department • Housing Division • (409) 880-3763 • Fax (409) 880-3125 P.O. Box 3827 • Beaumont, Texas 77704-3827 Mr. Matt Hopson SETCDC May 24, 2001 Page 2 HOME Investment amount to be recaptured on a prorated basis for the time SETCDC has owned and met affordability requirements by leasing to a low income tenant $41,621.66 X 10 years/15 years - $27,747.77 The SETCDC must repay to the City of Beaumont $27,747.77 from the sale of the property located at 4030 University Drive. Your prompt attention to this matter is appreciated. Sincerely, —f4- Richard Chappel Housing Coordinator _95.16 qso �►� GENERAL MRR DBE STATE OF 1EXAS f (D KNOW ALL MBN BY THESE PRESENTS: COUNTY OF ,IEFPEI19ON f 0 n That C.S.M. INVESTMENTS, a Texas general partnership composed of WILLIAM BUMVE COOK, G. JAY SHERtDCK, CRAIG J. SHERLOCK and TOWY LYNN, of the County C V4 of Jefferson and State of Texas, for and in consideration of the sum of TEN & NQ(100 (=10.00) DOLLARS and other good and valuable consideration to the undersigned paid by the grantee herein named, the receipt of Which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CCNVEY unto SOUTHEAST TEXAS CGPMNITY DEVELOPMENT CORP., Whose mailing address is c c t_rR 1 e T M%VMQ N T -T y- _ rl'1 o S , all of the following described real property in Jefferson County, Texas, t-h to-wit: 0 n Lot Number Eight (8) in Block Humber Two (2) of UNIVERSITY PLACE ADDITION to .� the City of Beaumont, Jefferson County, Texas, according to the map or plat of record in the office of the County Clerk in Volume 7, Page 45, of the Map Records of said County and State. This conveyance is made subject to any and all easements, restrictions, covenants and conditions, and to any and all prior grants, and/or reservations of oil, gas or other minerals and/or royalties, if any, of record, and affecting Ltitle to said property. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the 0 said grantee, its successors and assigns forever; and Grantor does hereby bind (� itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and L singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any n part thereof. (D EXBCUTED this the 21 day of June , 1995. H C.S.M. INVFSTMLNTS BY: /0a000 . 4---e t-ii ., 3 WI AM L WOK, GENERAL PARTM rt BY: f Sge n E J , GEMML P� _ 0 BY: V , PARTNER BY. TOMMY LAV09WERAYPARTNEP 0 n TEE STATE OF TEXAS • 0 COUNTY OF JEFFERSON • This instrument was acknowledged before me on this the day of June , 1995, by Ifh.,LIAM E u LL COOS, GENRAL PA?=R OF C.S.M. (7 INVESTMENTS, on behalf of said C.S.M. Investments and in the capacity therein staked. NA N�FFl�6�ON AR BLIC STAIMIEXI rh Caw.6{�o�n�s 297 3 TEE STATE OF TEXAS a rt COUNTY OF JEFFERSON a n This instrument was acknowledged before me on this the day 0 June 1995, by E. JAY SHERtXS, GENERAL PARTNER OF SEE. IINV� on behalf of said C.S.M. Investments and in the capacity "C therein stated. as" NANN BUFFINGTON WARYWBLIC, STATE vrouml NOW PUBLIC P00%* st�ko�►Exns �►cs W Centw.Emits 071.91 TEE. STATE OF TEXAS • COUNTY OF JEFFERSON • V This instmow t was acknowledged before me on this the day pf June 1995, by CRAIG J. SMI=, GENERAL PAR R OF C.S.M. II STHOM, on behalf of said C.S.M. Investments and in the capacity therein stated. 0 J�� NANNNBUFFlING�TON AR , A F No OMr Cali.W*axi97 C THE STATE OF COLORADO e ✓�,P,Ip COUNTY of � (') This instrument was acknowledged before me on this tbei 10 day of 1995, by TOMMY LYNN, GENERAL PARTNER OF C. M. INVESTMENTS, on bexta folf said C.S.M. Investments and in the city t erein stated. �O`A�X PVe�C, C, ATE OF COLORADO DFFan.r. Al eGw w,ss.,w. 10rW t r --/-v e 3 NIILBERT o _ �`�Wd''m riwk r4 !!0 d.)f Ah MR, DF C�t� Fild for bw is:CE 0 Mmsa--&mMM �10 6In 105 iim e-Tv0.� to SQv\ rc A S'r L s R=Lpt it MrM tom; L60 9519415 3 3.5 S C L r% i R Ei WType : KC c tai o WC., T X . n 1 5 bph-Walt Cat#ic► n 2002013249 3 PQs GENERAL WARRANTY DEED O M nn Date: Effective /f�,r�lsl� ZOO t= Grantor: SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORPORATION,INC,a Texas non-profit corporation M Grantor Mailing Address: �/ _ #%#.a 4ae a0.# al 72 col f�D 3 Grantee: LAM" INSTITUTE OF TECHNOLOGY, a Texas Educational r(D-r Institution governed by the Texas State University System O Grantee Mailing Address: rug Consideration: Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged t� Property: Lot Number Eight (8), Block Two (2), of University Place, an Addition to the City of Beaumont,Jefferson County,Texas,according to the map or plat thereof,of record in Vol.7,Page 45,Map Records,Jefferson County,Texas O Exceptions to M Conveyance and n Warranty: This conveyance is made subject to the following O _ (a) All reservations, restrictions, conditions, easements and other encumbrances of record in the office of the County Clerk of Jefferson County,Texas n_ (b) All zoning ag laws regulations,s,and ordinances of governmental authonties. F—i (c) Ad valorem taxes for the current year and subsequent years. Special Provision: Grantor warrants that the Grantor herem named is one and the same entity that was the Grantee named as Southeast Texas Community Development 'C3 Page 1 of 3 t.. fD =:A Corp.in deed recorded under Clerk's File No 95-9519645 Official Public Ul Records,Jefferson County,Texas. nWarranty Of Title: Grantor, for the consideration but subject to the exceptions to the conveyance and warranty, GRANTS, SELLS and CONVEYS unto the Grantee, the Property, together with all singular the rights and appurtenances thereto in anywise belonging, TO HAVE AND TO HOLD it to Grantee, its successors and assigns forever. Grantor binds Grantor, Grantor's successors and assigns to warrant and forever defend the —t Property hereby conveyed unto the Grantee, the Grantee's successors and assigns against every person lawfully claiming or to claim the same or any = part thereof 3 SIGNATURE fD ,...r OF OGRANTOR: Southeast Texas Community Development Corporation,Inc. By -z6U 412� ACCEPTED BY GRANTEE: Lamar to of Tecbnology By STATE OF TEXAS to COUNTY OF JEFFERSON This instrument was acknowledged before me on 2002,by C A*10i161'ef• as of Southeast Texas Community Development Corporation, Inc, a Texas non-pro rporation, on behalf of said corporation. C7 NOTARY PUBLIC,STATE OF TEXAS DAN P MUS W TFX48 fD C. 1W=Ma ns �-r O Page 2 of 3 4 November 14, 2006 Consider authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: November 14, 2006 AGENDA MEMO DATE: November 6, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers. RECOMMENDATION Administration recommends approval of executing water and/or wastewater service agreements with Arkema, Inc, Equistar Chemicals, LP, Exxon Mobil Polyethylene Plant, Exxon Mobil Refinery, Exxon Mobil BCSP/OA,Lucite,Northwest Forest MUD,Peak Sulfur,Inc.,A&A Fertilizer,BASF Corporation, BFI,Texas Department of Criminal Justice,Cardinal Meadows Improvement District,Federal Bureau of Prisons, Gerdau Ameristeel of Beaumont, GE Betz,West Jefferson County MUD, and Meeker MUD. BACKGROUND The Texas Commission on Environmental Quality, Chapter 290, Sub-Chapter D, Rules and Regulations for Public Water Systems, requires municipalities to execute service agreements with wholesalers as well as non-transient non communities which are not a community water system but regularly serve at least 25 of the same persons at least six months out of the year. Once service agreements are executed with such entities,they will be required by state law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer service to 16 industrial customers and 4,800 commercial customers. The industrial and commercial facilities will be evaluated, and agreements will be executed for those who will be identified as wholesalers and non-transient non- communities. BUDGETARY IMPACT None PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. 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 water and/or wastewater service agreements with the following City of Beaumont wholesale customers: Arkema, Inc. BASF Corporation Equistar Chemicals, LP BFI Exxon Mobil Polyethylene Plant Texas Department of Criminal Justicd Exxon Mobil Refinery Cardinal Meadows Improvement District Exxon Mobil BCSP/OA Federal Bureau of Prisons Lucite Gerdau Ameristeal of Beaumont Northwest Forest MUD GE Betz Peak Sulfur, Inc. West Jefferson County MUD A &A Fertilizer Meeker MUD Examples of the agreements are substantially in the forms attached hereto as Exhibits 'A" "B," "C," and "D," and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of November, 2006. - Mayor Guy N. Goodson - SAMPLE WATER SERVICE AGREEMENT �� City of Beaumont IIIL SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas (herein ,owner), and the City of Beaumont,a municipal corporation of the State of Texas (herein"City')entered into a Contract on 2006,for the City to provide potable drinking water services to Customer. WHEREAS,the City and Customer desire to a Service �OPt Amt Contract for the provision of potable drinking water services to Customer and agree as follows: WITNESSETH I Customer agrees to maintain, free of charge to the City,the water lines within its property, II The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. City of Beumamt water Ufilitiee Page 1 of 6 isso Lawham xa.e Beuanoat,Tex=77707 EXHIBIT "A" III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032,Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 6 Beaumont,Texas 77707 repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI The Water Utilities Department will maintain a copy ofthis Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 6 Beaumont,Texas 77707 to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII Customer is authorized to use a maximum of gallons per hour on a daily average or gallons per day. The rates applied by the City can be negotiated if the demand of Customer changes. IX Customer agrees to pay to the City all charges for water service within thirty(30) days from date of statement from the City. In the event of failure of Customer to so pay said charges,City shall have the right, upon thirty(30) days written notice to Customer,to refuse to provide potable water service to Customer. X Customer will pay the same rate for water services as established from time-to-time by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. X1 Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 6 Beaumont,Texas 77707 XII This Contract shall be for a period of 12 months from and after the date of execution. XIII Customer may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 6 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2006. Customer CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned, a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 6 of 6 Beaumont,Texas 77707 LieliCity of Beaumont - SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas (herein -owner'), and the City of Beaumont, a municipal corporation of the State of Texas(herein ,City')entered into a Contract on `,2006 for the City to provide provisions of sanitary sewer services to Owner. WHEREAS,the City and Owner desire to adopt a Service Agreement Conta act for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH I Owner agrees to maintain, free of charge to the City,the sewer lines within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation,for any Purposes reasonably incidental to or necessitated by the terms and Provisions of this Contract. The City will abide by all Owner's site safety rules and other site access rules C4 of Bea„maw Wafer thilma Deputmjg Page 1 of 5 1330 L=Whun Road Boommit,Texas-MQ7 EXHIBIT "B„ while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City, with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property, and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right,at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent,Owner agrees to repair and re-calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter- jurisdictional agreement will be evaluated prior to discharge. V Unless approved and authorized by the City,no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the City sewer use ordinance(Ordinance No. 03-018). City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 5 Beaumont,Texas 77707 VI In the event of an overflow,by pass, or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VII Owner agrees to pay to the City all charges for sewer service within Thirty (30) days from date of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right, upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Owner agrees to pay said amended rates. IX Owner agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 5 Beaumont,Texas 77707 X This Contract shall be for a period of 12 months from and after the date of execution. XI Owner may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this Contract,official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 5 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, Customer, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas,on this day of A.D., 2006. Customer CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer,and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2006, Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 5 Beaumont,Texas 77707 SAMPLE WATER AND WASTEWATER SERVICE AGREEMENT N City of Beaumont JIII - SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas (herein ,Owneel, and the City of Beaumont, a municipal corporation of the State of Texas (herein"City')entered into a Contract on 2006, for the City to provide potable drinking water services and provisions of sanitary sewer services to Customer. WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the provision of potable drinking warer services and sanitary sewer services to Customer and agree as follows: WITNESSETH I Customer agrees to maintain,free of charge to the City,the water lines within its property. lI The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes 1easonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. city ofBemmont Water Mfities Deparwwj Page 1 of 6 1350[aneam Road Texas 77707 EXHIBIT "C" III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone)backflow prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032,Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 6 Beaumont,Texas 77707 repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI The Water Utilities Department will maintain a copy ofthis Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 6 Beaumont,Texas 77707 to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII Customer is authorized to use a maximum of gallons per hour on a daily average or gallons per day. The rates applied by the City can be negotiated if the demand of Customer changes. IX Customer agrees to pay to the City all charges for water and sewer service within thirty(30)days from date of statement from the City. In the event of failure of Customer to so pay said charges, City shall have the right, upon thirty(30)days' written notice to Customer,to refuse to provide potable water service and sanitary sewer service to Customer. X Customer will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terns, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 6 Beaumont,Texas 77707 XII This Contract shall be for a period of 12 months from and after the date of execution. XIII Customer may,from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 6 Beaumont,Texas 77707 IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2006. CUSTOMER CITY OF BEAUMONT/CITY MANAGER By: By (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned, a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 6 of 6 Beaumont,Texas 77707 SAMPLE WATER EMERGENCY SERVICE AGREEMENT �jCity of Beaumont - SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUjJONT § CONTRACT BETWEEN City of Beaumont ■ Customer WHEREAS, Customer, doing business in the State of Texas(herein owner), and the City of Beauont,a municipal corporation of the State of Texas(herein ,City,)entered into a Contract on a&20 2006-for the City to provide potable drinking water services. to Customer. WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the provision Of potable drinking water services to Customer and agree as follows: _ WITNESSETH . I Customer agrees to maintain and replace,free of charge to the City,the water lines withm its Property. II The City shall have the right to enter on the Customer property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. III Cf agrees to install and maintain a UL approved RPZ (reduced pressure zonc) bacicflow Wdw `"'Depwtzew Page 1 of 6 1350 LwShm Road Bea unag Texas 71707 EXHIBIT `D' prevention device at the point of service(the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection ofthe drinking water supplied to Customer employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. V Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention device. 2. No cross-connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2%lead shall be used for installation or repair of any water supply which provides water for human use. VI City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 6 Beaumont,Texas 77707 The Water Utilities Department will maintain a copy of this Contract as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Customer shall have their property inspected for possible cross-connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually,or when there is reason to believe the cross-connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on their premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Customer will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Customer agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII The Customer is authorized to use a maximum of Zero 0) Gallons per hour on a daily average or zero(0) gallons per day during normal operations. In case of an emergency,the City will City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 6 Beaumont,Texas 77707 provide the Customer with the volume available at the time. IX Customer agrees to pay to the City all charges for water service within thirty(30)days from date of statement from the City. In the event of failure of Customer to so pay said charges,City shall have the right, upon thirty(30)days' written notice to Customer,to refuse to provide potable water service to Customer. X Customer will pay a fixed connection fee of one hundred dollars per month($100/month) plus any additional charges for water consumption. Customer will pay the same rate for water consumption as established from time-to-time by the City Council. In the event said rates are altered or amended by City Ordinance, or specific use agreements, Customer agrees to pay said altered or amended rates. XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. XII This Contract shall be for a period of 12 months from and after the date of execution. XI1I Customer may, from time to time,convey or assign this Contract with respect to all or any part of the land contained within Customer's property boundaries, and the assignee or assignees shall be bound by City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 6 Beaumont,Texas 77707 this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Ham J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Customer Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Customer. IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed,and the said Customer, Customer, acting by hand of the President and/or Manager hereunto Authorized Representative, does now sign, execute and deliver this document. City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 6 Beaumont,Texas 77707 Executed in duplicate originals at Beaumont,Texas, on this day of A.D., 2006. CUSTOMER CITY OF BEAUMONT/CITY MANAGER By: BY (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned, a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction,and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , A.D. 2006. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 6 of 6 Beaumont,Texas 77707