HomeMy WebLinkAboutPACKET DEC 19 2006 �r
•
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 19, 2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Dr. John Falgout would be reappointed to the Animal Health Advisory Committee. The current
term would expire December 13, 2008. (Mayor Guy N. Goodson)
Ingrid Holmes would be reappointed to the Animal Health Advisory Committee. The current
term would expire December 15, 2008. (Mayor Guy N. Goodson)
Dan Parker would be reappointed to the Animal Health Advisory Committee. The current term
would expire November 15, 2008. (Mayor Guy N. Goodson)
Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current
term would expire December 13, 2008. (Mayor Guy N. Goodson)
Joyce Kean would be reappointed to the Animal Health Advisory Committee. The current term
would expire December 13, 2008. (Mayor Guy N. Goodson)
Dewey Gonsoulin would be reappointed to the Civil Service Commission. The current term
would expire October 14, 2009. (Kyle Hayes, City Manager)
George Crawford would be reappointed to the Convention and Tourism Advisory Committee.
The current term would expire October 14, 2008. (Councilmember Nancy Beaulieu)
A) Authorize the City Manager to join with Jefferson County in approving the Planning
Funding Agreement for the 800 Mhz Reconfiguration
• B) Authorize the City Manager to execute a Settlement Agreement and Release with Mr.
Weldon Green regarding a small business loan for Granny's Old-Fashioned Pies
C) Authorize the City Clerk to accept outside employment with H&R Block
• RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Reappointment Commission Beginning Expiration
of Term of Term
Dr. John Falgout Animal Health Advisory Committee 12/19/2006 12/13/2008
Ingrid Holmes Animal Health Advisory Committee 12/19/2006 12/15/2008
Dan Parker Animal Health Advisory Committee 12/19/2006 11/15/2008
Ann Reynolds Animal Health Advisory Committee 12/19/2006 12/13/2008
Joyce Kean Animal Health Advisory Committee 12/19/2006 12/13/2008
Dewey Gonsoulin Civil Service Commission 12/19/2006 10/14/2009
George Crawford Convention and Tourism Advisory 12/19/2006 10/14/2008
Committee
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
A
of
C i0 t y Be aumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 13, 2006
REQUESTED ACTION: Council consider authorizing the City Manager to join
with Jefferson County in approving the Planning Funding
Agreement for the 800 Mhz Reconfiguration
RECOMMENDATION
The Administration recommends approval of authorizing the City Manager to join with
Jefferson County in approving the Planning Funding Agreement that will define the
respective obligations regarding the Reconfiguration.
BACKGROUND
On August 6, 2004, the Federal Communications Commission ("FCC") issued a report
and order to reconfigure the frequency allocations in the 800 Mhz band
("Reconfiguration"), including frequency allocations on which the City of Beaumont,
Jefferson County and Nextel are currently authorized to operate.
On December 22, 2004, the FCC issued a Supplemental Order and Order on
Reconsideration. Pursuant to the Order, Nextel, The City of Beaumont and Jefferson
County intend to enter into a 800 Mhz Frequency Reconfiguration Agreement that will
define the Parties ' respective obligations regarding the Reconfiguration, including
without limitation Nextel 's obligation to pay for reasonable costs incurred in effecting
the Reconfiguration.
BUDGETARYIMPACT
None. Nextel is fully funding all necessary expenditures for the reconfiguration of
frequency allocations including outlined expenses incurred by the City of Beaumont.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Chief Technology Officer.
Y
vas
I I
s
tZ
Transition
MHz
Administrator
The 800 MHz Reconfic,uration Pro-gram
Overview
Public safety radio systems—those used by police, firefighters, emergency medical technicians and
other
systems operating on the 800 MHz Band—have been experiencing increasing levels of interference and "dead
zones"as a result of commercial wireless carriers operating in the same or adjacent spectrum bands
Reconfiguration is designed to alleviate this interference by spectrally separating the two t
types of systems.
The 800 MHz reconfiguration program is part of the FCC's plan to promote safety and protect the lives of first
responders and other emergency
personnel
communication systems operating in the 800 MHz Band. 800 MHz Transition Administrator safety,
LLC (TA, LLC) is the
Transition Administrator(TA) for the reconfiguration of the 800 MHz Band mandated by the FCC.
Now Liceilsees Will
Public-safety licensees wiii move,to
C
800
MHz band
segments of the s.. i ,f
and
> Creation' of a
guard band as buffer to
Separate sionals from different types networks
Bancl reconfiguration will vlavc_110 cost I
to ficer7sCeS
Who needs to reconfigure in the 800 MHz Band?
Many 800 MHz systems, including public safety, critical infrastructure industries (CII private business and commercial (SMR) systems operating at 806-824 MHz/851-869 MHz will berequi
required to relocate with tlhe)
following general guidelines:
• Licensees in the 806-809 MHz/851-854 MHz Band (Channels 1-120) will be relocated.
• NPSPAC licensees in the 821-824 MHz/866 869 MHz Band will be relocated.
• Certain licensees in the newly created "Expansion" Band and "Guard" Band will have the option of relocating
within the 800 MHz Band.
• Enhanced Specialized Mobile Radio (ESMR) operators, such as Sprint Nextel, will be relocated.
In addition, there are alternative band plans affecting the Expansion, Guard and ESM
Southeastern Region of the United States and also for the Atlanta area. R bands for an area in the
...............
March 13, 2006–V 1.0
.. ...........
Phone:888.800,8220 1 fax.888.7
V;
4
Tansition
t
Adt
ninistrator
NI IN
Al
Channels 1 120 �f �,
27°2445 A* T¢rA k
NPSPAC s ai s b `# t ' �Y2{i 21106"`, a S�Pleml38r27 2CW6a r; k
i FeLI B,2406
_. ,.... ,. Febnlaly 12446 a 30ii40�„ ' ..: .btay{204fiCIc12�er314U6 p
i
m
NPSPAC A s
r �r a October 3itl05 JaFx3anoB►Y 20U& s v
x; l August f 2006 ° W r u
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NPSPAC x M , � !Z006 Apr�I 2k 2046
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� Ufa
NPSPAC Jana 2 2 7 E `� r g v g,, 20a6 pttiober 3 1tlp6's dti
4ry r 7 a rYs g4 2407
.... ry44 Septetter f2 2i17
The freeze oat applications extends 70 mites outside of the affected NPSPAC ragron(sj Into Fre uen
adJacsft� (om that may pe Ian gift{[en yYays The TA has u;}d the ACC's pidancq to +y c1 ProPpsals for licensees in
catcLtae ttte fCeeze tlafes hoytver g the border areas and for cerlaln
xolun h P rh the Ft;t:�Public Notice announcing t start of the
tart' otlatlon eriod andltlle shad dat @soK e�a0hyg/ alt licensees near the border area will be
deffme 1 he dates ovlded b tha TA a delayed until further notice.
Pr Y re appr4ximata andTo[general guidance snit'
L;icer�eessliotrkl'iiox felt'on this 7p cakutated freers'dates to determine the last pos"srbie day
_"for tfitng aFappti�Uon priorto tie start 4t'an appi�catloft freeze f�a glvei�wave ='
ti
00110-'888,800.8220 888,800.82211 1 fax;888301A380 F ,.
1�1�r.r,cxrl�l 1G1:1:zf r3Ugtxr.rrr� ( 0vWv.,8I30TA vrcp
r
INTER-OFFICE MEMORANDUM
City of Beaumont, Texas
Technology Services Division
Date: November 21, 2006
To: Tyrone Cooper, City Attorney
From: Bart Bartkowiak, Chief Technology Officer
Subject: 800 MHz Radio Rebanding-Planning Fundin g Agreement
COMMENTS
We are currently working on the mandated rebanding with Motorola and Nextel. Please review the attached
*Planning funding agreement. We have modified the original document to specify that copies should be sent of all
orrespondence to Tommy Standridge while leaving Kyle Hayes as the authorized representative.
This rebanding effort is being funded entirely by Nextel.
I've also attached a cd with the soft copy of the agreement in case you need to make any changes
Please return to my attention so I can route to Kyle for signature. .L�{� GLv I'i Z- _-
Thanks APP 0V AS TO FORM ONLY 1�1,(e<Z.7m
0 ORNEY
r
Pardue, To: <TSTAND
• �.� Sherri RIDGE @CLBEAUMONT.TX.US>
[Contractor for cc: "Gill, Jack D[FIN]"<Jack.Gill @sprint.com>
Sprint]" Subject: Beaumont, TX and Jefferson County PFA
<Sherri.Pard ue@spri nt
.com>
11/08/2006 04:18 PM
Please find attached a proposed PFA for your review and comment. Please forward on to your attorney
for review. I will await your comments. If acceptable, I can forward originals to you for signature or
Provide instructions if you prefer to print and sign. Thanks.
Sherri
Sherri Parduel Contractor (Sprint Nextel (Sherri Pardue0sorint com I W 785.784.2104 1 Mobile 785.375.0368
This olecl I-,I I ic c ans I I I is,ion.Lo h t N:itl ill ac unI putrmg oc_umeuts utit-or att-teh Went ��,n;i;thx it t eitat,nn utknd�d c�nh.�(ur ih�use of the
�u{t-!dual o i ntitt to n h ch it.c nlch ;.s d i.t a, c onMui mronl a On tlt i[is i i��l�>
f i'the u{ �t t' n ss;i not.th nt,ndcd i up.,nr e� nfidenu it t ul es mpt t oin'i lus t- a td r ahl lip ul_
u tie het b i�ottl5 it th.,,aim dray f >r p r��ih_tut ri I,�°rin tl m o .m�i it n ied r C1,.ieII
d t rt o r.di.auil.ntl',n,cof�'ui�.dr sue.or a ni'anv kind of tlh<content of the do ii_llents t p,nsmittod is
trnti, prohil t d.:i;l�ihtret ��dth,��nnnuicttlonII eru.pkt noxilF tile
?'dutJsL-%tel p,ut.e!'i 84.21(!4iatud
Sri w ,tens �ilf he ni�d_for 1110 icturn of t t:do_tlme u;to the sends tt,Io c r,t ro u.:v� transm.u�d ilocuuurts.m Lt s 4,21 to cop� +�,Itt
und,.r hlit_d State,and c., ime3uatmmii i.,,,. Beaumont PFA 11-8-06.d
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 Planning Funding
Agreement between the City of Beaumont, Jefferson County, and Nextel Operations, Inc.,
for the 800Mhz Reconfiguration, said agreement substantially in the form attached hereto
as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
---------------------- ---------
- Mayor Guy N. Goods—on -
CONFIDENTIAL
•
PLANNING FUNDING AGREEMENT
[800 MIIZ RECONFIGURATION]
This PLANNING FUNDING AGREEMENT("Agreement") is made this day of ,200 by and between
the City of Beaumont,a political subdivision of the state of Texas,having an address of 620 Marina Drive,Beaumont,
TX 77704, and Jefferson County, a political subdivision of the state of Texas, having an address of 1149 Pearl Street,
Beaumont,TX 77701 (collectively,the"Incumbent"),and Nextel Operations,Inc., a wholly owned indirect subsidiary
of Sprint Nextel Corporation, a Delaware corporation ("Nextel") having an address of 2001 Edmund Halley Drive,
Reston, VA 2019 L Nextel and Incumbent may be referred to collectively in this Agreement as the"Parties.".
RECITALS:
A. On August 6, 2004,the Federal Communications Commission("FCC") issued a report and order to
reconfigure the frequency allocations in the 800 MHz band("Reconfiguration"), including frequency allocations on
which Incumbent and Nextel are currently authorized to operate (respectively, the "Incumbent Frequencies" and
"Replacement Frequencies").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The
August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator
pursuant to its delegated authority under the "
g ty orders ("Actions"),( ), any supplemental FCC orders in the
Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the
"Order."
C. Pursuant to the Order, Nextel and Incumbent intend to enter into a 800 MHz Frequency
•
Reconfiguration Agreement »
gu gr went ( Reconfiguration Agreement ) that will define the Parties' respective obligations
regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in
effecting the Reconfiguration.
AGREEMENT:
1. Planning Cost. In order to facilitate negotiation of the Reconfiguration Agreement involving the
license(s) for the Incumbent Frequencies granted by the FCC as identified in Schedule A (the
"Incumbent Licenses") and in accordance with the work described in the Statement of Work
attached to this Agreement as Schedule B, Nextel will pay the cost of the planning activities
identified on Schedule C attached hereto ("Planning Cost") in an amount not to exceed the Planning
Cost estimate set forth on Schedule C ("Planning Cost Estimate"). All Planning Costs incurred for
internal labor must be consistent with the Transition Administrator Incumbent ,Labor Rate
Reimbursement Policy as set forth at www.800TA.org. The planning-activities and deliverables
identified in Schedule B will commence upon execution by both Parties of this .Agreement
("Agreement Execution") and will be completed no later than one hundred thirty-five (135) days
following Agreement Execution.
2. Payment Terms. Subject to the terms and conditions herein, Nextel will make payments, in
accordance with the payment terms identified on Schedule C for both payments made directly to
Incumbent and payments made on behalf of Incumbent directly to each third party vendor or service
provider identified on Schedule C ("Planning Vendor").
a. Provided, however, in the event (i) the Transition Administrator has not provided
• Incumbent with possible Replacement Frequencies (the "Replacement Frequencies'
Proposal") prior to the commencement of planning activities by Incumbent and/or. a
Page 1 of 18
EXHIBIT `A'
Planning Vendor(as identified in Schedule B), and/or(ii) it becomes aapparent to the Parties
that Incumbent is not mandated pursuant to the Order to enter into a Reconfiguration
Agreement following receipt by Incumbent of the Replacement Frequencies' Proposal,
Incumbent acknowledges and agrees that this Agreement is subject to termination by Nextel
and any Planning Costs incurred will be subject to nonpayment by Nextel, to be determined
in Nextel's sole discretion.
b. In the event any of the Incumbent Frequencies are not authorized on a permanent basis
(such as, a Special Temporary Authority ("STA") grant) by the FCC prior to the Closing,
any Planning Costs incurred that are directly related to the Incumbent Frequencies that are
not authorized on a permanent basis will be subject to nonpayment by Nextel and/or
reimbursement to Nextel on the Planning Funding Reconciliation Date (as hereinafter
defined).
3. Confidentiality. The terms of this Agreement and any proprietary, non-public information
regarding the Incumbent Frequencies, Replacement Frequencies,Nextel's business and Incumbent's
business must be kept confidential by the Parties and their employees, shareholders, agents,
attorneys and accountants(collectively, "Agents"), which confidentiality will survive final payment
or termination of this Agreement for a period of three(3)years. The Parties may make disclosures
as required by law and to the Transition Administrator as required to perform obligations under this
Agreement, provided, however, that each Party will cause all of its Agents to honor the provisions
of this Section.
4. Review RiLhts. In order to enable the Transition Administrator to comply with its audit
obligations under the Order, Incumbent agrees to maintain records and other supporting evidence
related to the costs that Incumbent has expended in connection with planning activities related to the
Reconfiguration and that Nextel has paid or will pay to Incumbent pursuant to this Agreement.
Incumbent agrees to maintain such records and make them reasonably available to the Transition
Administrator for review or reproduction until twenty-four (24) months after Closing, as defined in
Section 7, or for a longer period if Incumbent, for its own purposes, retains such records for a longer
period of time. As used in this provision, "records" includes books, documents, accounting
procedures and practices and other data regardless of type and regardless of whether such items are
in written form, in the form of computer data or in any other form.
5. Changes. If either Party believes that a change to the planning activities contemplated by the
Planning Cost Estimate is required (including changes by Planning Vendors), such Party will
promptly notify the other Party in writing. Such written notice (the "Planning Funding Change
Notice") shall set forth(i) a description of the scope of the change believed to be necessary and (ii)
an estimate of any increase or decrease in the Planning Cost Estimate and in the time required to
finish planning for the reconfiguration of Incumbent's existing facilities. A Party receiving a
Planning Funding Change Notice shall immediately perform its own analysis of the need for and
scope of the change and its impact on the Planning Cost Estimate and schedule and negotiate the
change in good faith with the other Party. After the Parties have agreed upon a change to this
Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 13 and
submit to the Transition Administrator a copy of the proposed amendment together with a written
request for its approval. Such request shall be accompanied by reasonable documentation
supporting the need for and scope of the change and any proposed increase or decrease in the
Planning Cost Estimate and in the time required to finish planning for the reconfiguration of
Incumbent's existing facilities. Incumbent is responsible for all changes necessary as it relates to
work performed by a Planning Vendor on behalf of Incumbent. No change to the Planning Cost
Estimate, the planning activities contemplated by the Planning Cost Estimate or the time required to
fmish planning for the Reconfiguration of Incumbent's existing facilities shall become effective
until the Transition Administrator has approved the change in writing and both Parties have signed
an amendment incorporating such approved change into this Agreement pursuant to Section s
Page 2 of 18
CONFIDENTIAL
6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the cost of any
planning activities related to the Reconfiguration of Incumbent's system contemplated by this
Agreement, which is not resolved by mutual agreement, shall be resolved in accordance with the
dispute resolution provisions of the Order, as it may be amended from time to time.
7. Closing. The closing ("Closing") of the transactions contemplated by this Agreement will take
place after delivery by Incumbent to Nextel of (i) all receipts, invoices and other documentation
required to substantiate the actual costs of the planning activities contemplated by the Planning Cost
Estimate ("Actual Planning Costs"), and certification that any Actual Planning Costs incurred for
internal labor are consistent with the Transition Administrator policy on Incumbent Labor Rate
reimbursement as identified at www.800TA.org; and (ii) a copy of all deliverables required to be
delivered pursuant to the Statement of Work. Prior to Closing, Incumbent will submit to Nextel
documentation (including without limitation invoices, receipts, and timesheets or equivalent
documentation)demonstrating the Actual Planning Costs. Upon receipt by Nextel of documentation
of the Actual Planning Costs, Nextel and Incumbent will reconcile the Actual Planning Costs
against the payments made by Nextel to Incumbent pursuant to this Agreement and the Parties will
agree upon the amount of any additional payments due to Incumbent or any refunds due to Nextel.
8. Reconciliation. The effective date of agreement on reconciliation of the Actual Planning Costs and
signing of the Closing documents by both Parties is considered the "Planning Funding
Reconciliation Date." Any additional payments due to Incumbent from Nextel will be disbursed to
Incumbent within thirty (30) days of the Planning Funding Reconciliation Date, provided the
additional payments do not result from Actual Planning Costs that exceed the Planning Cost
Estimate. Any refunds due to Nextel from Incumbent will be made within thirty (30) days of the
Planning Funding Reconciliation Date. In the event of termination by Nextel pursuant to Section
2(a), any refunds due to Nextel from Incumbent of any Planning Costs of
Incumbent will be made within thirty (30) days following the date of termination In he event
Incumbent's Actual Planning Costs exceed the Planning
Cost
Planning Funding Change Notice pursuant to Section 5 of this Agreement describing the ch nge in
scope of work that resulted in Incumbent's Actual Planning Costs exceeding the Planning Cost
Estimate. Approval of any Planning Funding Change Notice will not be automatic but will be
processed in accordance with Section 5 of this Agreement. Additional payments due to Incumbent,
which result from an excess of Actual Planning Costs over the Planning Cost Estimate, as agreed on
the Planning Funding Reconciliation Date, will be disbursed to Incumbent within thirty(30)days of
the Transition Administrator's approval of a Planning Funding Change Notice and execution by
both Parties of an amendment incorporating such approved change into this Agreement pursuant to
paragraph 13.
9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or
service provider performing the planning activities. Neither the Transition Administrator nor Nextel
will be responsible for, or assume the risk of any failure of that Planning Vendor to perform its
obligations under any contract entered into between Incumbent and such Planning Vendor in
connection with this Agreement.
10. Terhon. This Agreement may be terminated and the transactions contemplated by this
Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) by Nextel
pursuant to Section 2(a) of this Agreement following written notice to Incumbent; (iii) for cause by
either Party upon material breach of the other Party, following a t
the breaching Party following written notice of the breach or (iv) y Nextel yinpthe event of any
Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For
purposes of this Agreement, an"Adverse Decision" means an order, decree, opinion, report or any
other form of decision by a governmental entity of competent jurisdiction that results, in whole or
part, in a stay,remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel
determines, in its sole discretion, to be adverse to its interests. In the event of termination due to an
Adverse Decision,Nextel will pay Incumbent for all costs incurred up to the date of termination.
Page 3 of 18
N L,
CONFIDENTIA
1 1. Notices: All notices and other communications under this Agreement must be in writing and will be
deemed given(i)the same day if delivered personally or sent by facsimile a the next business day
sent by overnight delivery via a reliable express delivery service; or(iii)requested, after five(5) business days if
sent by certified mail, return receipt
P eq ed, postage prepaid. All notices are to be delivered to the
Parties at the following addresses:
[If to Incumbent, to: If to Nextel, to:
ty of Beaumont, TX Nextel Operations,Inc..O. Box 3827 c/o Sprint Nextel Corporation
Beaumont, TX 77701 2000 Edmund Halley Drive
Attn: Kyle Hayes Reston, VA 20191
Phone: (409) 880-3708 Attn: Heather P. Brown, Esq.
Phone: (703)433-4000
And to: Fax: (703) 433-4483
Jefferson County
1149 Pearl Street With a copy that shall not constitute Notice:
Beaumont, TX 77701
Attn: Carl R. Griffith
Sprint Nextel Corporation
6575 The Corners Parkway
Norcross, GA 30092
Attn: Julian H. Edwards, VP Spectrum Resources
Phone: (678)405-8442
Fax: (678)405-8252
And a copy that shall not constitute And a copy that shall not constitute Notice to:
Notice to:
Sprint Nextel Corporation
Communicacations tions
City of Beaumont Attn: Rob Easton, Director, Spectrum
Shop Development
Attn: Tommy A Standridge 114 Coronation Circle
620 Marina Drive Bountiful, UT 84010
Beaumont, TX 77704 Fax: (801)296-6556
Phone: (801)294-4810
12. Assignment: This Agreement is binding upon and inures to the benefit of the Parties and their
respective successors and permitted assigns. Either Party may assign this Agreement to any direct
or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party.
13. Amendments: This Agreement, including without limitation the scope of the planning activities
contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel, may be amended
or modified only by a written instrument signed by authorized representatives of both Parties,
provided, however, no amendment or modification to this Agreement shall become effective until
approved by the Transition Administrator.
14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
I
assigns, and nothing in this Agreement gives or should be construed to give any egal or equitable
rights under this Agreement to any person or entity, other than(i)the successors and assigns of the
Parties, and(ii)the Transition Administrator as specifically provided for in Sections 3, 4, S, 8, 9 and
13.
Page 4 of 18
CONFIDENTIAL
15. Miscellaneous: If any provision(s)of this Agreement is held in whole or part,to be invalid, void or
unlawful by any administrative agency or court of competent jurisdiction, then such provision(s)
will be deemed severable from the remainder of this Agreement, will in no way affect, impair or
invalidate any other provision contained in the Agreement and the Parties will use their
commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant
with applicable law so as to preserve the rights and obligations of the Parties. No action taken
pursuant to this Agreement should be deemed to constitute a waiver of compliance with any
representation, warranty, covenant or agreement contained in this Agreement and will not operate or be
construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This
Agreement, together with the Schedules, constitutes the entire understanding and agreement
between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or
written agreements or understandings. This Agreement is governed by the laws of the state of Texas
without regard to conflicts of law principles thereof. This Agreement may be executed in one or
more counterparts, including by facsimile, which will be effective as original agreements of the
Parties executing the counterpart.
16. Letter of Authorization: Incumbent has the authority to enter into this Agreement for the license
not held by Incumbent, under call sign WQBg267, which is held by Jefferson Coun e
ty, Texas, by th
letter of authorization from Jefferson County to the Transition Administrator dated
2006, which is incorporated by reference herein. September
th
In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally bindin
agreement between the Parties upon execution by the Parties. g
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized
presentatives.
INCUMBENT: NEXTEL:
City of Beaumont, Texas
Nextel Operations, Inc.
By:
By:
Name:
Name:
Title: Title:
Jefferson County, Texas
By:
Name:
Title:
Page 5 of 18
SCHEDULE A CONFIDENTIAL
i
INCUMBENT LICENSES) INVOLVED IN PLANNING ACTIVITIES
Licensee Organization Name: Beaumont, City of&Jefferson County
Licensee City, State and Zip: Beaumont, Tx. 77701 &Jefferson Cnty, Tx 77701
WPMJ575 WPMG304 WQBH267
Page 6 of 18
CONFIDENTIAL
SCHEDULE B
STATEMENT OF WORK
All Planning deliverables due 135 days after fully executed PFA
1.0 System Description
Narrative System Description
A Motorola four tower site Smartzone trunking system.It is comprised of a two tower site simulcast 11 channel with two tower IR
four channel sites.The system supports the City of Beaumont&Jefferson County's three dispatch centers(Beaumont PD,
Beaumont Fire and Jefferson County Sheriffs dispatch)along with the numerous public works entities.
Table System Description
System Description
Number of mobile units used for day-to-day
communications covered by this RFPF(used
to calculate per unit cost);include control 1099
stations and SCADA units
Number of oy rtable units used for day-today
communications covered by this RFPF 1000
Number of channels covered by this RFPF 31
(exclude channels not to be reconfigured)
Number of sites to be inventoried under this 4
RFPF
Number of entities using the 800 MHz 15
system being reconfigured
2.0 Frequency Analysis
2.1 Co-channel Analysis
Motorola will quote and provide co-channel analysis as requested by City of Beaumont.
2.2 Combiner and Receiver Multi-cou ler Suitabitity
Motorola will evaluate the suitability of the licensee's existing combiner equipment impacted by rebanding. Some
combiners can readily be adjusted to the new frequencies and others cannot Depending on the condition of the
equipment,readjustment may not be possible without risking damage to the combiner. In addition,signal loss
(decrease in coverage)may occur if the new rebanded frequencies are spaced closer than the original frequencies.
Combiner cable requirements also need to be considered based on the licensee's cutover plan.
Page 7 of 18
2.3 Inter-modulation Study CONFIDENTUL
IM Study—Motorola will perform inter-mod
ularion study to identify possible harmful RF emissions and
interactions at each site affected by rebanding. Motorola will provide a report and recommendation to the City of
Beaumont. If the proposed frequencies cannot be effectively used at the appropriate sites,Motorola will notify City
of Beaumont.
Qualifying Scenarios Suspected(yes/no) Site(s)Affected
Location with two or more co-site transmitters with <yeS> (if known)
_potential to' <Site Names)>all four
mipair base station receivers.
Licensee's fixed receive antenna is proximate to a - <yes>
transmitting antenna other than your own. <Site Name(s)>all four
Landlords or site managers of shared transceiver sites <yes>
requiring an analysis of the IM environment as part of <Site Names)>all four
site agreements when changing transmitting
fr uencies.
2.4 Other Frequency and Interference Analysis
Motorola will quote and provide additional frequency analysis services as requested by City of Beaumont.
Frequency and Interference Analysis deliverables include:
Deliverables Estimated Date of Completion
Combiner suitability r rt for reconfiguration'on,pro sal 135 days after full executed PFA
Inter-modulation analysis r ort for reconfi lion prop osal 135 da s after full executed PFA
minternal Labor Table
Planning Cost Start' Erid Labor Labor Rate
Category/rasks Date Date Hours :Cost Expenses. Labor Name
(Hrs x;Rate)
Frequency and
Interference
Analysis
Co-channel
Anal is 00
Combiner
Suitabilit 00
Inter-modulation
S!udy 00
Other Frequency
and Interference
Analysis 00
Total internal Cost
00
Page 8 of 18
Vendor Labor Table CONFIDENTIAL
Planning Cost Start End Labor Labor Rate
Cat'go
ryfrasks Date Date Hours cost Expenses Vendor Name
(Hrs x Rate)
Frequency and
Interterence
Ana„ sis
Co-channel
Anal sis NA NA Jr!MOTOROLA OTOROLA
Combiner 10.00 $175.00 $1,750.00
Suitabil” OTOROLA
Inter-modulation 20.00 $175.00 $3,500.00
Stud OTOROLA
Other Frequency 0.00 NA 0.00
and Interference
Analysis
Tofal Ventlor Cost 30 $5,250.00
3.0 System Inventory
3.1 Infrastructure Inventory
Motorola will conduct an inventory of City of Beaumont/Jefferson County equipment This inventory will be used
to determine the suitability of the equipment and system design effort for rebanding.
Motorola understands the inventory and design effort will take place on an operational radio communications system
'and that unplanned interruptions to dispatch operations are not acceptable. Motorola,with its network of service
centers and/or third party subcontractors,will do everything possible to minimize disruption to dispatch operations.
Any required changes to daily operations will be planned in advance and agreed upon by the licensees.
Based on this preliminary information about your system inventory listed below,a price was developed for planning
the system rebanding process. This information is based on Motorola's understanding of City of
Beaumont/Jefferson County's system. Any significant variance to this inventory information which results in a
scope of work or schedule change will need to be addressed via change order.
The inventory services are limited to the equipment specifically affected by rebanding for the licensee's system.
3.2 Subscriber Inventory
Subscriber device inventories must similarly be examined to determine reconfiguration requirements. If inventories
are required,Motorola will inventory subscribers to elicit necessary information. Customer provided inventories
must also be able to provide the information outlined below.
For systems that require only retuning,unit count and model families need to be specified to insure proper
Programming equipment and if any frequency determining elements need to be ordered and priced
For systems the require reprogramming,quantities of subscribers in each family must be determined and the number
of programming stations must be delineated to ensure proper number of flash
For replacement units,the number of units to be replaced must be identified,along wig ttheir specified.
nding
replacement unit In addition,options such as battery type,dash or remote mount and cable length must be
specified. An accurate count of any accessories will be required since they are exchanged on a one-for-one basis. A
sample audit will be performed when necessary on certain subscriber units to determine the need for replacement
City of Beaumont and Jefferson County will be working with Motorola to meet the requirements as stated in the
Motorola SOW.
System Inventory deliverables include:
Deliverables Estimated Date of Com'letion
Infrastructure inventory re rt for reconfi on r sal
Subscriber inventory rt for reconfi on r 135 days after frilly executed PFA
135 days after fully executed PFA
Page 9 of 18
Internal Labor Table
CONFIDENTIAL
Planning cost Start End Labor Labor Rate Cost Expenses Labor Name
Category/Tasks Date Date Hours (Hrs x Rate)
System Inventory
Infrastructure
InventM 0.00
Subscriber $17.00
Invento 26 $442.00 CITY OF BEAUMONT
Total Internal Cost 26 $442.00
Vendor Labor Table
Nanning Cost Start_ End Labor Labor Rate
Category/Tasks Date Date Hours C° Expenses Vendor Name
(Hrs x Rate)
System Inventory
Infrastructure 22 $175.00 $3,850.00
Invento MOTOROLA
Subscriber $148
Invento 26 $3,848.00 MOTOROLA
Total Vendor Cost 48 $7,698:00
4.0 A neering/Imnlementation Planning
4.1 Interonerability Planning
Internal and Vendor labor funding for coordination efforts with external agencies(see spreadsheet in Motorola
SOW)to ensure accomplishment of interoperability needs.
4.2 Site Reconfiguration Planning
Motorola will generate a Reconfiguration Design which will consist of,at a minimum,a Method of Procedure,
cutover plan and system test plans.
Motorola will develop the Method of Procedures which details the process steps,timeline,measurable deliverables,
resources needed and cutover steps. Where applicable,contingency planning required to effectively re ban d the
System will be provided in the least disruptive manner. The MOP also includes the cutover plan from the current
frequencies to the new ones.
The plans will be reviewed by licensees.
Develop with the City of Beaumont/Jefferson County,baseline and acceptance test plans to demonstrate comparable
facilities.
4.3 Retune/Rearogram/Reolace Determination
The 800 MHz fixed network equipment must be audited to determine if upgrades are required to the software,
hardware and firmware in order to support the new rebanding software. The assessment includes manufacturer
information,software versions,system platform release versions and hardware configuration. Results of the
suitability assessment and audit will determine what FNE will be retuned or reprogrammed or replaced and the effort
required to perform this work.
Activities include:
Formatting inventory data for assessment
Engineering analysis of assessment report.
Eq o ppmeenntelist generation of required kits,software and or upgrades required by each piece of equipment to be
Page 10 of 18
CONFIDENTIAL
Engineering/Implementation Planning deliverables include:
Deliverables Estimated Date of Completion
Interoperability plan section of reconfiguration proposal 13 5 days after fully executed PFA
Method of procedure,cutover/fallback plan,baseline and acceptance 135 days after fully executed PFA
testing and retune-rgEggrarn-replace plan,
Suitability assessment report for inclusion in reconfiguration P roposal. 135 days after fully executed PFA
Internal Labor Table
Planning Cost Start End Labor Labor Rate Cost
Categoryrrasks Date Date Hours Expenses Labor Name
(Hrs xRate)
Engineering/
Implementation
Planning
Interoperability 20.0 50.00 1,000.00
Plannin COB/JCSO
Site
Reconfiguration NA
Planning
Retune/Reprogram/ NA
Replace
Determination
Total Internal Cost 1,000.00
Vendor Labor Table
Planning Cost Start End Labor Labor Rate
Category/Tasks Date Date Hours COQ Expenses Vendor Name
(Hrs x Rate)
Engineering/
Implementation
Planning
Interoperability 5.0 $175.00 $875.00
Planning MOTOROLA
Site 130.0 $175.00 $22,750.00
Reconfiguration
Planning MOTOROLA
Retune/Reprogram/ 52.0 $175.00
Replace $9,100.00 MOTOROLA
Determination
Total;Vendor,Cost" 187.0 $32,725.00
5.0 Legal Costs(Limited to attorney's fees,no uroiect management costs)
5.1 PFA Negotiations
5.2 PFA Contract Review
CONTRACT AND DOCUMENT REVIEW BY COUNTY AND CITY LEGAL STAFF
5.3 FRA Negotiations(national)
5.4 FRA Contract Review(outional)
Page 11 of 18
Internal Labor Table-PFA CONFIDENTIAL
Planning Cost Start End Labor Labor Rate Cost Expenses Categoryrrasks Date Date Hours P Labor Name
(Hrs x Rate)
Legal(PFA) -
PFA Legal Advice
PFA Negotiations*
PFA Contract 20 $t 50
Review $3,000.00 COB/JC
Total Internal Cost 20 $3,000.00
*Negotiations not applicable for Fast Track
Vendor Labor Table-PFA
Planning Cost Start End Labor Labor Rate Cost
CategorylTasks Date Date Hours Expenses Vendor Name
(Hrs xRate) -
Legal(PFA)
PFA Legal Advice
PFA Negotiations`
PFA Contract
Review
Total Vendor Cost 00
*Negotiations not applicable for Fast Tra k
Internal Labor Table-FRA
Planning.Cost Start End Labor Labor Rate Cost
Categ9r]asks Date Date Hours Expenses Labor Name
(Hrs x Rate) ,
Legal(FRA)
FRA Legal Advice
FRA Negotiations
FRA Contract
Review
Total Internal Cost
Vendor Labor Table-FRA
Planning Cost Start End Labpor.1 Labor Rate Cost Expenses
CategorylTasks Date Date Hours Vendor Name
(Hrs x Rate}
Legal(FRA)
FRA Legal Advice
FRA Negotiations
FRA Contract
Review
Total Vendor Cost E-
6.0 Proiect Management
6.1 Planning SllnQOrt
The Motorola Project Manager will oversee the project plan for the rebanding effort to ensure a smooth execution of
all deliverables and that the requirements of the licensees are fully met, The Project Manger will participate in all
major activities associated with the reconfiguration planning activities described in the statement of work-
The Project Manager will coordinate with the licensees,Motorola's service stations and any subcontractor or other
third-party organization participating in this work,to keep this effort within the agreed upon schedule. Activities
such as project meetings,obtaining and evaluating subcontractor quotes,monitoring subcontractor and project team
Page 12 of 18
performance will be performed by the Motorola PM CONFIDENTIAL
City of Beaumont and Jefferson County will be working with Motorola to accomplish the rebinding.
6.2 Negotiations Support
Where needed,Motorola will review the details of the rebanding plan and assist with clarifications which may be
required from Sprint Nextel or the Transition Administrator.
City of Beaumont and Jefferson County will be working with Motorola to accomplish the rebanding.
Project Management deliverables include:
Deliverables �135days�after Date of Com letion Complete Project Plan fully exec uted PFA
Internal Labor Table
Planning Cost: S tart End Labor Labor Rate Cost
Category/Tasks Date Date` Hours Expenses Labor Name
(Hrs x Rate) .
Project
Management
Planning Support 20 20.0 $400.00
Negotiations COB/JC
Su ort* 20 20.0 $400.00 COB/JC
Total Internal Cost $800.00
*Negotiations support expected to be minimal or not applicable for Fast Track
endor Labor Table
Planning Cost Start End Labor Labor Rate
Cost Expenses Vendbr Name
CategorylTasks Date Date Hours (Hr`s z Rate)
Project
Mina ement
Planning Support 104 $175.00 $18,200.00
MOTOROLA
Negotiations $175.00 $3,150.00
Support* 18 MOTOROLA
I ptal;Vendor Cost 122 $21,350.00
*Negotiations support expected to be minimal or not applicable for Fast Track
7.0 Other
Other deliverables include:
Processing of the TA2.6
D TA2.6 Co
Page 13 of 18
CONFIDEN'T'IAL
Internal Labor Table
Planning Cost Start End Labor Labor Rate Cost Expenses Labor Name
Category/Tasks Date Date Hours (Hrs x Rate)
Other(explain)
TA2.6 16.0 $50.00 $800.00 COB/JCSO
Total Internal Cost
Vendor Labor Table
Planning Cost Start End Labor Labor Rate Cost Expenses Vendor Name
Categoryrrasks Date Date Hours '(Hrs x Rate)
Other(explain)
Total Vendor Cost ', ,,;
Page 14 of 18
CONFIDENTIAL
Planning City of Beaumont, TX $1,000
(See Schedule B for detail)
Project Management Motorola $21,350
(See Schedule B for detail) City of Beaumont, TX $800
Other Costs(provide detailed City of Beaumont, TX $800
description of nature of cost)Time
to prepare the TA form 2.6.
Total Estimated Planning Costs $73,065
Certification
Pursuant to the Order, Incumbent hereby certifies that the funds requested are the minimum necessary to support
the planning activities to provide facilities comparable to those currently in use. Incumbent further certifies, to the
best of Incumbent's knowledge, that any Planning Vendor costs listed on Schedule C are comparable to costs that
Planning Vendor previously charged Incumbent for similar work.
Signature:
Print Name:
Title:
Phone Number:
E-mail:
Date:
Signature:
Print Name:
Title:
Phone Number:
E-mail:
Date:
Page 16 of 18
CONFIDENTIAL
EXIMTT 1
Incumbent Information
THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS TRANSFERS. ALL
INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY CONFIDENTIAL AND WILL BE USED
ONLY IN COMPLETION OF THE PLANNING FUNDING AND FREQUENCY RECONFIGURATION
TRANSACTION.
I.INCUMBENT INFORMATION
Please provide the following information: nn
Company/Name: C ' U-. el'-)M on +
Contact: kcn rid Title: ( e cAS r r
Address: R "-) ,
City/State/Zip: �J�Ct�,vn r�r,'t 1 )l
Phone: 4
Fax:
If not identified in the contract,please provide the following:
If Incumbent is a Partnership,please provide name, address and phone numbers of all other partners:
Name: Name:
Address: Address:
City/State/Zip: City/State/Zip:
Phone: Phone:
II.BANK ACCOUNT INFORMATION(Required for payment via electronic funds transfer.)
Name of Bank: O r1 e, Pjo n k Address of
Bank: Q�� , (?> Z-1 S ( ��c� „,,�,,fi Tj� 7-M O L4 City/State/Zip:
Bank Phone#: 41 ) 23, ` 1 a- C�
ABA(Routing#): i ci C) j n 1
Account#: yn-i C a.-7 (o
Name on Account: C;fi.4 -'?F (Yi7YT+ C-,.) + ' x A c�-F
Federal, State or Individual SS#: l Lf (o 'D-3�3 7�
Name of Brokerage Firm(if applicable):
Brokerage Account#(if applicable):
In the event Incumbent will not provide information jor electronic funds transfer,Incumbent acknowledges that
all payments made by check will be mailed within thirty (30) days of the date of performance required by
Incumbent(for each payment) as stipulated in the Agreement.
Acknowledged by Incumbent: (signature required
only if Incumbent does not want an electronic funds transfer)
Page 17 of 18
CONFIDENTIAL
M.TAX LNFORNL4TION
The internal Revenue Service and state tax authorities require Nextei to report all transactions, even if the
transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is
necessary for Nextel to collect the information below. if you have specific questions about your tax implications in
this transaction,you should consult your own accountant or financial advisor.
Incumbent's Federal, State or Individual Tax ID
FEIN(Federal) or SSIv'(individuals): (D o a Cl
State(s)—sales tax license, resale permit,
employment, etc.): �� g rn Q n
Local (if applicable):
Current State and County location for your v
principal executive office:
If there has been more than one location for the
principal executive office within the past five(S)
years, list each such City/County/State location:
I hereby acknowledge that all of the information provided herein is true and correct as of the date signed
below.
Incumbent Signature: �
Print Name: K U r� ,
Title: Y p,.o, G"i ('0- 1'
Date: t I L
Page 18 of 18
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 14, 2006
REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute a
Settlement Agreement and Release with Mr. Weldon Green
regarding a small business loan for Granny's Old-Fashioned Pies.
RECOMMENDATION
Council approval of a resolution authorizing the execution of the Settlement Agreement and Release,
allowing Mr.Weldon Green to settle the small business loan debt for Granny's Old-Fashioned Pies for
$9,000.00.
BACKGROUND
Mr.Weldon Green assumed a small business loan for Granny's Old-Fashioned Pies in 1996. The loan
originated in 1994,in the amount of$26,800.00. His mother-in-law originated the debt,but when she
became disabled, Mr. Green took on the note, even though the business was no longer ongoing.
At the time that Mr. Green signed the Settlement and Release, the debt for Granny's Old-Fashioned
Pies was$17,420.23, and Mr. Green's agreed payout was under$73,20 per month for 30 years,with
no interest.
The Small Business Revolving Loan Committee approved this settlement on September 21, 2006.
HUD was contacted and approved the settlement also.
BUDGETARY IMPACT
None,
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Chief Financial Officer and Small Business Revolving Loan Fund Board
is
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 Settlement
Agreement and Release with Mr. Weldon Green for a small business loan debt in the
amount of $9,000 for Granny's Old-Fashioned Pies. The agreement and release are
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 19th day of
December, 2006.
- Mayor Guy N. Goodson
l SETTLEMENT AGREEMENT AND RELEASE
1. There is a dispute between the parties arising out of a no interest loan agreement
between Mr. Weldon Green, on behalf of Granny's Old-Fashioned pies and the City
of Beaumont, in the total amount of$26,350.63. Mr. Green assumed a loan given
to his mother-in-law by the City. After she was disabled and unable to pay, he
refinanced said loan, making regular payments. Under the unique circumstances
of this note, the City has agreed to a lump-sum settlement of the loan.
2. Both parties agree and concede that bona fide controversies and disputes exist as
to the amount due and owing on the above-referenced loan.
3. Both parties desire to dispose of the entire controversy and dispute between them
both as to liability and the amount of damages, including all claims and causes of
actions of any kind that could exist arising out of the loan transaction. The parties
recognize that there may be claims or damages arising from the transaction that are
unknown to the parties at the time of execution of the agreement or that may arise
in the future. However, the parties have negotiated this agreement in full
knowledge of the possibility of additional claims or injuries, and intend this
agreement to settle and finally dispose of all such claim or injuries arising our of the
described transaction or occurrence, whether known or unknown.
4. THEREFORE, IN CONSIDERATION OF THE mutual promises and agreements
contained in this agreement, including the recitals set forth above, the parties agree
as follows:
MR. WELDON GREEN agrees to pay to THE CITY OF BEAUMONT, the sum of
$9,000.00 (NINE THOUSAND AND NO/100THS DOLLARS) in full and final
settlement of the loan agreement.
THE CITY OF BEAUMONT agrees to execute this Settlement and Release
Agreement, hereby releasing any and all further claims it may have against Mr.
Green pursuant to said loan agreement.
5. This agreement is a compromise of doubtful and disputed claims. Nothing in this
agreement is an admission of liability on the part of any party, and nothing in this
agreement may be interpreted as an admission of liability. Each party to this
agreement expressly denies liability to every other party to this agreement.
I
6. This agreement is made according to the laws of the State of Texas. The parties
expressly agree that this agreement is governed by and will be construed and
enforced in accordance with Texas law.
7. This agreement is binding on and inures to the benefit of the parties and their
respective heirs, representatives, successors, and assigns.
EXHIBIT `A'
8. This agreement contains the entire agreement between the parties. It supercedes
any and all prior agreements, arrangements, or understandings between the parties
on all subjects in any way related to the transaction or occurrences described in this
agreement. No oral understandings, statements, promises, or inducements
contrary or inconsistent with the terms of this agreement exist. The agreement is
not subject to waiver, modification, or addition made orally. This agreement is
subject to modification, waiver, or addition only by means of a writing signed by all
parties.
9. This agreement may be executed in a number of identical counterparts, each of
which shall be deemed as original for all purposes.
EXECUTED ON THIS THE 13TH DAY OF OCTOBER, 2006.
C� Op
WELDON GREEN
BEFORE. ME, the undersigned Notary Public, on this day personally appeared
Weldon Green, who being known to me to be the person whose name is subscribed to the
attached agreement, did upon his oath state that he has executed the attached agreement
for purposes and consideration attached in the said agreement.
NOTARY PUBLIC in and for the State of Texas
REPRESENTATIVE OF THE CITY OF BEAUMONT
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, who being known to
me to be the person whose name is subscribed to the attached agreement, did upon his
oath state that he has executed the attached agreement on behalf of the City of Beaumont,
for purposes and consideration attached in the said agreement.
NOTARY PUBLIC in
and for the State of Texas
C
City of Beaumont
Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Rose Ann Jones, City Clerk
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 11, 2006
REQUESTED ACTION: Consider a resolution authorizing the City Clerk to accept outside
employment with H&R Block
BACKGROUND
The City of Beaumont has a Policies & Procedures Manual which gives outlines for outside
employment as follows:
Section 3.0 VIII. OUTSIDE EMPLOYMENT
Employees shall not engage in outside employment when such employment would involve a
conflict of interest or adversely affect the performance of their duties with the City. Outside
employment may be undertaken only with approval of the department director.
For the past few months I have been taking the H & R Tax Block preparation courses. I have
successfully completed this program and am now a certified tax preparer. I have now been offered
a part-time opportunity to work for the next six weeks with the initial contract to expire on February
15, 2007. The contract may be renewed from time to time. This is the high tax season for this area.
I would like to be able to do this on a part-time basis during this time period. I do not feel that this
would be a conflict of interest nor adversely affect the performance of my duties. I would only be
working in the evenings or on the weekends.
I do not feel that this employment would interfere with the upcoming election. The first day that an
application for candidacy can be filed is February 10, 2007.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the City Clerk to accept part-time evening and
weekend outside employment with H&R Block.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
rr
Ci o Beaumont
� .f
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 19, 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 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract with the Beaumont Community Housing
Development Organization(BCHDO)for the construction of 5 new scattered site
• homes
2. Consider approving a contract with the Beaumont Community Housing
Development Organization (BCHDO)for the purchase of two pre-existing
scattered-site homes
3. Consider authorizing the City Manager to execute a contract to provide project
management and grant administration for a Federal Emergency Management
Agency Grant
4. Consider authorizing the City Manager to increase the 2 MG Elevated Water Tank
at Dishman Road Project amount for"extra work"
5. Consider approving eminent domain proceedings to acquire property at 840
College Street for public use
6. Consider approving a contract with the Greater Beaumont Chamber of Commerce
for economic development purposes
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
•
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
December 19, 2006
Consider approving a contract with the Beaumont Community Housing Development
Organization (BCHDO) for the construction of 5 new scattered site homes
...... City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 13, 2006
REQUESTED ACTION: Council consider approving a contract with the Beaumont Community
Housing Development Organization (BCHDO).
RECOMMENDATION
The Administration recommends Council approve a request to authorize the City Manager to execute a
contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of
$281,000 for the construction of 5 new scattered site homes from 2006 HOME CHDO Reserve funds. Four
homes will be constructed in the 3500 Block of Avenue B and one on West Highland Avenue.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investments Partnership funds from the U. S.
Department of Housing and Urban Development ("HUD") and has previously awarded contracts to the
Beaumont Community Housing Development Organization(BCHDO) for construction of new housing in
targeted neighborhoods. Federal regulations require that a minimum of$114,150 of the $761,000 total
allocation be contracted to Community Housing Development Organizations("CHDOs")for eligible CHDO
activities, including acquisition of housing, new housing construction and related project delivery costs.
Such costs may include site preparation, acquisition, home buyer assistance and other related soft costs.
BUDGETARY IMPACT
Funding is available from the 2006 HOME Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Development Services Manager.
BEAUMONT COMMUNITY HOUSING
DEVELOPMENT,tORGANIZATION, INC.
5o5 East Florida Avenue
Beaumont, Texas 77705
Office: (409) 813-2158 * Fax: (4o9) 813-2165
June 2, 2006 www.behdo.org
Antoinette Hardy
President Mrs. Janett Lewis
Peggy Holiday City of Beaumont
Admin.Asst.I P.O. Box 3827
Amina Al-Ugdah Beaumont, Texas 77704
Admin.Asst.If Dear Mrs. Lewis:
Debra Broussard
Site Manager This letter is written to provide proposals to be funded from the Federal Funding
Board Members: from CDBG and/or HOME allocations of the U.S. Dept. of HUD.
Renee Broussard The funds are as follow:
Edie Casmore
Loma George
Dina Grant
S Haynes Item # Description Amount
Jones p
Kobi Wilbanks Proposal # 1 Lease Purchase Units $270,000.00
Mary Young Proposal # 2 Soft Costs
p $281,000.00
Total $551,000.00
We are requesting any other uncommitted CDBG or HOME funds that may assist
our organization in continuing to provide and develop affordable housing in
revitalizing neighborhoods in Beaumont, Texas.
If you have any questions, please give me a call at (409) 813-2158 or (409) 201-
0272.
Sincerely,
mw
BCHDO �&
Antoinette Hardy
"Blessed Christians President/Executive Director
ing Deserving
Others"
s
Proposal d 2(Soft Cost to develop five(5)new affordable homes in targeted areas of the City)
Property Address Engineering Site Prep Soil Foundation/ Down Payment Closing Cost BCHDO Closing Developer's Fee Total
Services Compaction/Test Footings/Driveways/ Assistance Assistance Cost
Walkways
Lot 1-3500 Blk Ave B $2,200.00 $7,500.00 $3,000.00 $11,000.00 $20,000.00 $5,000.00 $2,500.00 $5,000.00 $56,200.00
Lot 2-3500 Blk Ave B $2,200.00 $7,500.00 $3,000.00 $11,000.00 $20,000.00 $5,000.00 $2,500.00 $5,000.00 $56,200.00
Lot 3-3500 Blk Ave B $2,200.00 $7,500.00 $3,000.00 $11,000.00 $20,000.00 $5,000.00 $2,500.00 $5,000.00 $56,200.00
Lot 4-3500 Blk Ave B $2,200.00 $7,500.00 $3,000.00 $11,000.00 $20,000.00 $5,000.00 $2,500.00 $5,000.00 $56,200.00
West Highland Drive $2,200.00 $7,500.00 $3,000.00 $11,000.00 $20,000.00 $5,000.00 $2,500.00 $5,000.00 $56,200.00
Total Part 2 $11,000.00 $37,500.00 $15,000.00 $55,000.00 $100,000.00 $25,000.00 $12,500.00 $25,000.00 $281,000.00
BCHDO proposes to build the new design of homes viewed in Houston,Texas on the lots listed above.
Lots on Ave B submitted to planning department to become 4 lots.(Approval TBD)
f �
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with the
Beaumont Community Housing Development Organization (BCHDO) in the amount of
$281,000 for the construction of five (5) new scattered site homes from 2006 HOME CHDO
Reserve funds.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
i
2
December 19, 2006
Consider approving a contract with the Beaumont Community Housing Development
Organization(BCHDO) for the purchase of two pre-existing scattered-site homes
i
r�
City of B eau mont�,
c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 13, 2006
REQUESTED ACTION: Council consider approving a contract with the Beaumont Community
Housing Development Organization (BCHDO).
RECOMMENDATION
* The Administration recommends City Council authorize the City Manager to execute a contract with the
Beaumont Community Housing Development Organization (BCHDO) in the amount of$180,000 for the
purchase of two pre-existing scattered-site homes that will be retained as lease property for no more than
thirty-six months and sold to eligible low/moderate income families.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investments Partnership funds from the U. S.
Department of Housing and Urban Development ("HUD") and has previously awarded contracts to the
Beaumont Community Housing Development Organization(BCHDO)for acquisition of housing to be sold
to eligible low/moderate income families under lease-purchase agreements.Federal regulations require that a
minimum of$114,150 of the$761,000 total allocation be contracted to Community Housing Development
Organizations ("CHDOs") for eligible CHDO activities, including acquisition of housing, new housing
construction and related project delivery costs. Such costs may include site preparation, acquisition,home
buyer assistance and other related soft costs.
The Beaumont Community Housing Development Organization(BCHDO)successfully implemented lease-
purchase agreements with low/moderate income families under prior contracts.All properties were conveyed
to the lessors within 12 months,well in advance of the federal requirement to convey such properties within
thirty-six months.
BUDGETARYIMPACT
Funding is available from the 2006 HOME Program.
OREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Development Services Manager
Page 2
BEAUMONT COMMUNITY HOUSING
DEVELOPMENT,;ORGANIZATION INC.
505 East Florida Avenue
IBM Beaumont, Texas 77705
Office: (409) 813-2158 * Fax: (409) 813-2165
June 2, 2006
)vvw.bchdo or
Antoinette Hardy
President
Mrs. Janett Lewis
'eggy Holiday City of Beaumont
Idmin.Asst.I P.O. Box 3827
�rnina Al-Ugdah Beaumont, Texas 77704
Idmin.Asst.II
Dear Mrs. Lewis:
)ebra Broussard
,ite Manager This letter is written to provide proposals to be funded from the Federal Funding
;oard Members: from CDBG and/or HOME allocations of the U.S. Dept. of HUD.
,enee Broussard
;die Casmore The funds are as follow:
,oma George
)imfirant
t Haynes Item # Description Amount
larM Jones
:obi Wilbanks Proposal# 1 Lease Purchase Units $270,000.00
1ary Young
Proposal #2 Soft Costs $281,000.00
Total $551,000.00
We are requesting any other uncommitted CDBG or HOME funds that may assist
our organization in continuing to provide and develop affordable housing in
revitalizing neighborhoods in Beaumont, Texas.
If you have any questions, please give me a call at (409) 813-2158 or (409) 201-
0272.
Sincerely,
r A BCHDO
Antoinette Hardy
31essed Christians President/Executive Director
1 Deserving
thers"
Proposal # 1 (Funds to purchase three (3)pre-existing homes built after]978 to lease to low to
moderate income families -preferably in Amelia Area)
These funds would assist our organization with capacity building and operating costs.
Property Purchase
Address Price
House#1 $90,000.00
House#2 $90,000.00
House#3 $90,000.00
TOTAL $270,000.00
i
0 RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a contract in the amount of
$180,000 with the Beaumont Community Housing Development Organization (BCHDO)
for the purchase of two (2) pre-existing scattered-site homes that will be retained as lease
property for no more than thirty-six (36) months and subsequently sold to eligible
low/moderate income families.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson Y Y n -
i
3
December 19, 2006
Consider authorizing the City Manager to execute a contract to provide project management and
grant administration for a Federal Emergency Management Agency Grant
W�
City of Beaumont
Council Agenda Item
t-Wo
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 8, 2006
REQUESTED ACTION: Council authorize the City Manager to execute an agreement with
Jeffery S. Ward & Associates in the amount of $200,000 to provide
project management and grant administration for a Federal Emergency
Management Agency Grant.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute an agreement with Jeffery
S. Ward & Associates in the amount of $200,000 to provide project management and grant
administration for a Federal Emergency Management Agency Grant.
BACKGROUND
The Drainage District No. 6 (DD#6) received a Hazard Mitigation Grant Program (HMGP) award
from the Federal Emergency Management Agency(FEMA)in the amount of$23,665,180. Although
the grant will be received by DD#6, the City will be responsible for project development and
construction and for the 25 percent local match. Additionally, the Ciry has received a grant from the
Texas Office of Rural and Community Affairs to be utilized as a portion of the local match.
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.
The agreement with Jeffery S. Ward&Associates is for project management and grant administration
of the FEMA Hazard Mitigation Grant. The Scope of Work under this agreement includes, but is not
limited to, development of the interlocal agreement between the City and DD#6; development of a
detailed management plan outlining the City's responsibilities as a sub grantee including details relating
to the process and documentation required for reimbursement, process and documentation for
solicitation of subcontractors and process for subcontractor invoicing; development of reimbursement
requests to the State; support the reconciliation of contract award advances; preparation of monthly
and quarterly reports and support of the grant closeout.
BUDGETARY IMPACT
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 in the grant for project management and grant administration.
PREVIOUS ACTION
None.
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, Director of Public Works and City Engineer
WardJSAgreementFEMACalder.w
Pd
December 8,2006
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement, substantially in the
form attached hereto as Exhibit "A," with Jeffery S. Ward & Associates in the amount of
$200,000 to provide project management and grant administration for a Federal
Emergency Management Agency Grant.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
I
STATE OF TEXAS §
COUNTY OF JEFFERSON § CONSULTING SERVICES FOR GRANT PROJEC
CITY OF BEAUMONT § MANAGEMENT
This is an agreement by and between the City of Beaumont, Texas, (CITY), and Jeffrey S. Ward&
Associates, Inc., (CONTRACTOR).
WHEREAS CITY will be implementing a FEMA funded grant for the construction of the Calder
Diversion project. The amount of this grant award is $23.8M; and
WHEREAS The above mentioned grant included $250,000 for Project Management/Grant
Administration.
WHEREAS CONTRACTOR is in the business of providing consulting services regarding the
Project Management and Grant Administration of FEMA grants; and
WI-IEREAS CITY desires to contract with CONTRACTOR to provide such services,
NOW, THEREFORE, CITY and CONTRACTOR mutually agree as follows:
L SCOPE OF SERVICES
CONTRACTOR shall serve as a contractor of the City. The description of services contained herein
is intended to be general in nature. It is neither exhaustive, nor a limitation on the contracted services
so long as the services actually delivered are consistent with the provisions of this agreement.
CONTRACTOR agrees to provide the services as described in Appendix A of this agreement. Any
additions to, expansion of or explanation of such terms shall be by letter of understanding agreed to
and signed by both parties to this contract.
CONTRACTOR shall defend, indemnify and hold harmless CITY,its officials and employees,against
all suits or claims that may be based on any injury to persons or property that may occur, or may be
alleged to occur,in the course of the performance of this agreement by CONTRACTOR,its agents or
employees, provided, that the damage, claims, loss, demand, or suit is caused in whole or in part by
any negligent act or omission of CONTRACTOR, or any subcontractor of CONTRACTOR, or
anyone directly or indirectly employed by CONTRACTOR.
IL COMPENSATION.
CITY shall pay CONTRACTOR an amount not to exceed $200,000 for providing the services
defined in this agreement (Appendix A). CONTRACTOR shall invoice CITY using the following
hourly rate schedule as hours in support of grant administration are incurred
Consultant CY 2007 Rate CY 2008 Rate CY 2009 Rate
Jeff Ward $130 per hour $135 per hour $140 per hour
Kristen Thatcher $100 per hour $105 per hour $110 per hour
III. SPECIAL CONDITIONS.
No officer, agent or employee of the City of Beaumont is employed by CONTRACTOR or has a
financial interest direct or indirect in this agreement or the compensation to be paid under this
agreement.
CITY OF BEAUMONT, TEXAS CONTRACTOR
Jeffrey S. Ward & Associates, Inc.
ATTEST:
APPENDIX A
Calder Grant Project Management
Scone:
Facilitate the development of an interlocal agreement between the City of Beaumont and Jefferson
County Drainage District No. Six (DD6) covering the funding under this grant and outlining the
City's responsibility for execution under this grant.
Develop a detailed project management plan outlining the City's responsibilities as a subgrantee and
the all details related to the process and documentation required to facilitate reimbursement request.
In addition, this plan will cover the process and documentation requirements for soliciting for
subcontractors, and that subcontractors must following when invoicing the CITY.
Develop reimbursement requests to the State of Texas Governor's Division of Emergency
Management for advances against contract awards or actual expenditures.
Support the reconciliation of the contract award advances.
Prepare quarterly reports as required under the HMGP grant
Prepare monthly status reports for the City's project manager.
Support grant closeout at project completion.
4
December 19, 2006
Consider authorizing the City Manager to increase the 2 MG Elevated Water Tank at Dishman
Road Project amount for"extra work"
ICE C� of Beaumont
Council A enda• � g Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Hani J. Tohme,Water Utilities Director
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 13, 2006
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
increase the Proposed 2 MG Elevated Water Tank at Dishman Road
Project amount for "extra work."
RECOMMENDATION
Administration recommends approval of increasing the Proposed 2 MG Elevated Water Tank at
Dishman Road Project amount by$147,700.00. The proposed changes to the original contract will
install two reinforced concrete floors supported by galvanized formed steel decks and galvanized steel
girders. The proposed change will provide an elevated and structurally secure housing area during
natural disasters and storage/office area during standard operations.The proposed change order will
increase the total contract amount by 5.32%.The total of all of the extra work to date,including this
proposed recommendation, will represent 9.44%of the original contract amount.
BACKGROUND
The City of Beaumont was cited by TCEQ for not having sufficient elevated storage capacity for the
number of customers served.The City is required to eliminate the deficiency before August 2008.The
proposed improvements will provide the water system with additional elevated storage capacity
required to meet State and Federal regulations. In addition, the new elevated tank will increase the
water pressure in the area and provide adequate water supply for future development. This change
order will provide a safe housing facility for employees during a natural disaster.
BUDGETARY EMPACT
Funds for the project are available in the Capital Program.
PREVIOUS ACTION
Resolution 06-185 in the amount of$2,778,000.00 was passed by City Council on June 14, 2006.
Resolution 06-290 in the amount of$114,489.00 was passed by City Council on September 26,2006.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Water Utilities Director.
APPROVAL OF CONTRACT CHANGE
Change Order No.2
Date:December 13,2006
Project: City of Beaumont,Texas
Proposed 2 MG Elevated Water Tank
At Dishman Road
Owner: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
Contractor: Landmark Structures
1665 Harmon Road
Fort Worth,Texas 76177
To the Owner: Approval of the following contract change is requested.
Reason for Change: To install two reinforced concrete floors supported by galvanized formed steel decks
and galvanized steel girders.
ORIGINAL CONTRACT AMOUNT: $2,778,000.00
THIS CHANGE ORDER:
Description Net Change
Installation of two reinforced concrete floors supported $147,700.00
by galvanized formed steel decks and galvanized steel
girders.
TOTAL AMOUNT OF THIS CHANGE ORDER: $147,700.00
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: 114 489.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER:
$3,040,189.00
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of,and the time
required to perform the entire work under the Contract arising directly or indirectly from this Change Order
and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the
Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended by: Approved By: Accepted by:
*ngineer? olk,Inc. City of Beaumont
Lan ark Structures
Owner
Contractor
Date: /.Z•/3•p6 Date:
Date:
RESOLUTION NO.
WHEREAS, on June 14, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-185 awarding a contract in the amount of $2,778,000.00 to
Landmark Structures, Fort Worth, Texas, for the Proposed 2 MG Elevated Water Tank at
the Dishman Road Project; and,
WHEREAS, Change Order No. 1 increased the contract amount by $114,489.00
which increased the total contract amount to $2,892,489.00; and
WHEREAS, Change Order No. 2 is required to provide for "extra work" for the
installation of two reinforced concrete floors supported by galvanized formed steel decks
and galvanized steel girders thereby increasing the contract amount by$147,700.00 which
increases the total contract amount to $3,040,189.00.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 2
increasing the contract amount by $147,700.00 for a total contract amount of
$3,040,189.00 for the Proposed 2 MG Elevated Water Tank at the Dishman Road Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
5
December 19, 2006
Consider approving eminent domain proceedings to acquire property at 840 College Street for
public use
0 Cl of Beaumont ty
�• Council A
,■ = genda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 12, 2006
REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings
to acquire property at 840 College Street for public use.
RECOMMENDATION
The administration recommends authorization to acquire the property by eminent domain.
BACKGROUND
The property owner listed below has not accepted the appraised value for his property:
West 30.52 feet of Lot 3, all of Lots 4, 5 and 6, and 'h of adjacent alley, Block 68-B
in the Van`,Wormer Addition [840 College Street]
Appraised Value: $39,000
Appraiser: Bishop Real Estate Appraisers, Inc.
Owner: Vaughn S. Ayres, Sr.
The above property is located on College between Archie and Jefferson Streets or just east of the
future M.L. King Park site. The acquisition of the property is for the M.L. King Park.
BUDGETARY I MPACT
The appraised value of this parcel is$39,000. Funds for the acquisition are available in the Capital
Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
EngAy—TW.wpd
December 12,2006
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that
property located at 840 College Street be acquired for the Martin Luther King, Jr. Park;
and,
WHEREAS, the City Council has found that a public necessity exists requiring the
acquisition of the hereinafter described property:
West 30.52 feet of Lot 3, all of Lots 4, 5 and 6, and '/ of adjacent
alley, Block 68-B in the Van Wormer Addition [840 College Street]
Appraised Value: $39,000
Appraiser: Bishop Real Estate Appraisers, Inc.
Owner: Vaughn S. Ayres, Sr.
and,
WHEREAS, the City Council deems it necessary to acquire the above-described
interests in and to the property for the Martin Luther King, Jr. Park, and has found and
determined that said interests in and to the described land is suited for such purposes and
that it is necessary to acquire same for said purposes; and,
WHEREAS, the City of Beaumont, through its duly authorized representatives, has
negotiated in good faith with the owners of the described land and has been unable to
agree with such owners of such property as to the fair market value thereof and damages,
if any, and further negotiations for settlement have become futile and impossible;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized and directed to file or cause to be
filed against all owners of the following parcel of land, and all claimants of any interest
therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in
and to the said parcel of land as described above and shown in Exhibit "A" attached
hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson
County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
- Mayor Guy N. Goodson -
3 2 L
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6
December 19, 2006
Consider approving a contract with the Greater Beaumont Chamber of Commerce for economic
development purposes
•
.l City of Beaumont
•�• Council Agenda Item
M g
TO: City Council
FROM; Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: December 19, 2006
AGENDA MEMO DATE: December 15, 2006
REQUESTED ACTION: Consider awarding a contract to the Greater Beaumont Chamber of
Commerce in the amount of $75,000 for economic development
purposes for the period January 1, 2007 through December 31, 2007.
RECOMMENDATION
Administration recommends awarding a contract to the Greater Beaumont Chamber of Commerce
in the amount of$75,000 for economic development purposes.
BACKGROUND
The funds will be used for marketing Beaumont and business retention/recruitment efforts. A
presentation was made to Council by Jim Rich on December 12, 2006. Administration is extremely
pleased with the relationship between the City and the Chamber.
BUDGETARYIMPACT
Funds are budgeted and available for this economic development purpose in the FY 2007 General
Fund budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Contract payments will be made quarterly in the amount of$18,750.
RECOMMENDED BY:
City Manager and Chief Financial Officer
i
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves a contract with the Greater Beaumont Chamber
of Commerce, substantially in the form attached hereto as Exhibit "A," in the amount of
$75,000 for economic development purposes for the period January 1, 2007 through
December 31, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
December, 2006.
•
- Mayor Guy N. Goodson -
•
•
November 22, 2006
Mr. Kyle Hayes
City Manager
City of Beaumont
801 Main Street, Suite 300
Beaumont, Texas 77704-3827
Dear Kyle:
On behalf of the board of directors for the Greater Beaumont Chamber of Commerce and
the Beaumont Economic Development Foundation, I am requesting your consideration of
renewing our partnership and funding assistance from the City of Beaumont. We
cordially request economic development funding in the amount of$75,000.
• Each year we leverage our public dollars with other funds to perform marketing, business
recruitment and retention services, and a variety of activities to stimulate the short and
long term growth of our area. Our accomplishments for 2005-2006 are summarized in the
enclosed Annual Report.
We are requesting an opportunity to make a presentation to City Council on December 12
to further elaborate on our programs of work and direction for the future.
We very much appreciate your continued support and look forward to working with you
in the future.
Sincerely,
Jim Rich,
President
together.us
we're in it
4A n-AlgiWA=
P 0 BOX 3150 BEAUMONT,TEXAS 77704 An Accredited Member of the United States Chamber of Commerce
• STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement, executed in duplicate, is made and entered into by and between
the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter
called "City", acting herein by and through its duly authorized City Manager, and the
Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called
"Chamber", acting herein by and through its President.
WHEREAS,the City believes that economic development is crucial to the continued
economic success of City and believes that Chamber should be retained to carry out a
program of work on behalf of City for the economic development of City;
• NOW,THEREFORE, in consideration of the mutual promises made herein, the City
and the Chamber agree as follows:
1.
City does hereby employ, engage and hire Chamber to engage in a comprehensive
range of activities and projects to create jobs in Beaumont directed at economic
development. The Chamber does hereby agree to accept such hiring, engagement and
employment and to discharge such duties in accordance with the terms and conditions
herein set forth.
2.
Chamber is hired as an independent contractor and is not an agent of the City.
•
G:\CG\AGREEMEN\BMT CHAMBER OF COMMERCE FY07.wpd
EXHIBIT "A"
• 3.
Chamber agrees to engage in a comprehensive range of activities and projects to
create jobs in Beaumont. Chamber's program will be directed toward four separate
aspects of job growth:
a) retaining existing jobs;
b) creating new businesses;
c) expanding existing businesses; and,
d) attracting new employers.
To achieve these goals, the Chamber will maintain a capable paid staff with
necessary expertise; recruit and organize volunteer workers from the community; maintain
contacts and relationships with primary economic development allies of both public and
. private offices; gather and publish necessary information and statistics for prospects;
maintain and build relationships with management of existing businesses; and promote any
other specific activities or projects which will contribute to an environment conducive to job
growth.
4.
City hereby agrees to pay to Chamber during the term of this agreement Seventy-
Five Thousand Dollars ($75,000). Payments of Eighteen-Thousand Seven-Hundred Fifty
Dollars ($18,750) will be made upon receipt of invoice dated in January of 2007, April 1,
2007, July 1, 2007 and October 1, 2007. Chamber agrees to expend in excess of One-
Hundred -Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined
in paragraph 3 hereof.
•
G:\CGWGREEMEN\BMT CHAMBER OF COMMERCE FY07.wpd
• 5.
In conjunction with its annual audit, Chamber agrees to audit, on a review basis,the
functional areas outlined in this agreement. Chamber agrees to provide City a copy of the
report done by Chamber's certified public accountants on an annual basis.
6.
The term of this agreement shall be from January 1, 2007 until December 31, 2007.
7.
Chamber agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of the Chamber, its officers, agents and employees, including the officers,
agents and employees involved in economic development and specifically including herein
• any and all acts of negligence by the City of Beaumont, its agents, officers or employees,
carried out under the terms of this agreement. Chamber shall carry, or cause to be carried,
general public liability and automobile liability insurance on all operations embraced by this
agreement in the amount of Five-Hundred Thousand Dollars ($500,000) for each
occurrence and property damage liability insurance in the amount of Twenty-Five
Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include
contractual liability coverage in the same amounts as stated herein. Said insurance
policies shall name the City of Beaumont as an additional insured. Said policies or
duplicate originals thereof shall be filed with the City Clerk, or her designated
representative, before any operations contemplated by this agreement are begun.
EXECUTED in duplicate originals this the day of
• 2006.
G1CG\AGREEMENIBMT CHAMBER OF COMMERCE FY07.wpd
CITY OF BEAUMONT
By:
City Manager
ATTEST:
By:
City Clerk
GREATER BEAUMONT CHAMBER OF COMMERCE
By:
Chairman of the Board
• ATTEST:
By:
•
G:\CG\AGREEMEN\BMT CHAMBER OF COMMERCE FY07.wpd