Loading...
HomeMy WebLinkAboutPACKET NOV 04 2008 RICH WITH OPPORTUNITY 1 T • E • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 4,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Reverend John Adolph would be appointed to the Convention and Tourism Advisory Committee. The appointment would commence November 4, 2008 and expire November 3, 2010. (Councilmember Jamie D. Smith) A) Authorize the City Manager to execute all documents necessary to accept the project titled"FY 09 Safety Traffic Enforcement Program(S.T.E.P.)Waves" B) Authorize the City Manager to execute all documents necessary to continue to maintain the Police Substation at Parkdale Mall C) Authorize the City Manager to execute all documents necessary to accept grant funding from the Department of State Health Services(DSHS)for the EMS-Local Projects Grant D) Authorize the City Manager to execute an agreement for temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Ike disaster E) Authorize the reallocation of monies from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget to fund Experience Corps of Southeast Texas F) Authorize the acquisition of property for the Old Dowlen Road G) Authorize the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al H) Authorize the purchase of a drainage easement as part of the Calder Avenue Drainage Project A RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept the project titled "FY 09 Safety Traffic Enforcement Program (S.T.E.P.)Waves". RECOMMENDATION Administration recommends Council approval. BACKGROUND In January, 1999, the City Council passed a resolution authorizing the city to apply for matching funds for a traffic safety "Safe and Sober S. T. E. P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a"FY09 S. T. E. P. Waves" grant program which occurs between October 1, 2008 and September 30, 2009 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury. The grant would be in an amount not to exceed $27,890.48 from the Texas Department of Transportation with a city"match"funding of$8,331.88 as our portion of the costs for the project titles "FY09 S. T. E. P. Waves"which are Thanksgiving 2008 holiday, Valentine's Day 2009 holiday, Memorial Day 2009 holiday, and Labor Day 2009 holiday. BUDGETARY IMPACT City would receive grant funding in an amount not to exceed $27,890.48 with a city contribution of$8,331.88. RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS,traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Twenty-Seven Thousand Eight Hundred Ninety and 48/100 ($27,890.48) Dollars pursuant to the projects titled"FY09 S.T.E.P.Waves"for occupant protection enforcement, education of the public and speeding enforcement; and, WHEREAS, the City of Beaumont has agreed to contribute Eight Thousand Three Hundred Thirty-One and 88/100 ($8,331.88) Dollars as its portion of the costs for the project titles "FY09 S.T.E.P. Waves" which are for the holidays Thanksgiving, 2008; Valentine's Day, 2009; Memorial Day, 2009; and Labor Day, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project "FY09 S.T.E.P. Waves" and take such action as necessary to implement the project which occurs between October 1, 2008 and September 30, 2009. BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in the amount not to exceed Twenty- Seven Thousand Eight Hundred Ninety and 48/100 ($27,890.48) Dollars; and Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY09 S.T.E.P.Waves"project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I'C"A, � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: November 4, 2008 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a Licence Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to continue the Police Substation at Parkdale Mall. BACKGROUND The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately fourteen (14)years. Attached is the License Agreement from Parkdale Mall. BUDGETARY IMPACT The total fee is one dollar ($1.00). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute all documents necessary to continue a License Agreement between the City of Beaumont and Parkdale Mall for the Police Substation located at Parkdale Mall. 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 4th day of November, 2008. Mayor Becky Ames - I.I('RNSF AC_REEMF.NT Revised: 06/26/2006 Central Files#x.52 Project ID# 100-451 License ID# Deal Type:Inane Unit: 1-I-848 Agreement Type:Renewal THIS LICENSE is made this day of 200_,by and between PARKDALE MALL. LLC by CBL&Associates Management Inc.,its managing agent,("Licenso r' and City of Beaumont,a(n) Government incorporated in the state of TX,having offices at 225 College Beaumont TX 77701 Attn: Kyle Hayes.Phone: 409-880-3801.Fax:409-880-3844,("Licensee"). It is understood and agreed that this Agreement is,and is intended to be a License,granting the Licensee permission to engage in certain acts upon the Licensor's premises,subject to the terms, conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this Agreement. The License granted by this Agreement may not be sold,assigned,transferred,mortgaged, pledged or transferred by Licensee. In consideration of the agreements set forth herein the parties agree: I. License Area: Licensee's rights,duties and obligations under this Agreement shall be limited to the specific area containing approximately 799.88 square feet of floor area,as identified on Exhibit A, attached hereto and made a part hereof("License Area'), in Parkdale Mall.Beaumont.' ,(The "Shopping Center")located at 6155 Eastex Freeway„Suite 200,Beaumont,TX 77706-6797(Payment remittance address: Parkdale Mall,LLC, P.O.Box 74942,Cleveland,OH,44194-4942). Licensee shall have no right to use any other area of Licensoes premises,other than common areas open to the general public. 2. Duration: Licensee's rights under this Agreement shall commence on the earlier of:(a) 10/1/2008 or(b)the day Licensee opens(the"Commencement Date',and shall end on 9/30/2009(the "Expiration Date'),unless the License referenced in this Agreement is revoked earlier by Licensor. Licensor shall not be Gable to Licensee in damages or otherwise for any delay in the Commencement Date,regardless of cause. "Licensor or Licensee may revoke this License Agreement at any time,with or without cause, and with sixty(60)days advance written notice. 3. Use. The License Area shall be occupied and used by the Licensee as approved by mall management solely for the purpose of use of premises(Space H-848)as a police department substation for shift changes report writing phone work etc The premises shall not be used as a jwil, and for no other purpose whatsoever. Licensee shall store and/or stock in the License Area only such merchandise as Licensee is permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 4. B A:Licensee shall occupy and use the License Area under the trade name of Ci1Y of Beaumont which shall not be changed without Licensor's prior written consent. 5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or such other location as Licensor may specify,by certified check or money order on or before the start date of this agreement,and on the first day of each month thereafter: Unit Start Date End Date Fee Total Fee (i)Minimum Fee(s): H-848 10/1/2008 10/1/2008 $1.00 $1.00 In addition to the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees in accordance with the schedule set forth below: EXHIBIT `A' Description Fee Frequen Start Date End Date Additional Leg Us (u) Intentionally Omitted 6. Damaee Deposit: Licensee deposits herewith the sum of ,due upon Licensee execution unless otherwise noted, (Waived),as a damage deposit which shall be applied towards fees and other charges shall be applied towards fees and other charges due under this Agreement and as a surety for the performance by Licensee of the terms of this License under which Licensee may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this License including any damages which may result to the License Area. Within thirty(30)days after the expiration of the term of this License there shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of the aforesaid sum. In the event this License is terminated,the damage deposit will be returned to Licensee after deducting any sums due Licensor. If Licensee shall fail to make any payment to Licensor when due,Licensee shall pay Licensor a late charge of$100.00 per day for so long as the failure continues. Licensee acknowledges and recognizes that its failure to continuously operate during the Hours of Operation set forth in Section 32 for the duration of the term of this Agreement will cause a loss of goodwill to Licensor by the Shopping Center's customers and other uncertain damages to Licensor which are not easily ascertainable and Licensee hereby agrees to pay Licensor$100.00 per day as liquidated damages,and not as a penalty,for any period of noncompliance. 7. ERIM 1—wengee Shall deliver to Lieenser,by 42:00 p.m.an the Mend*y Fell eeettpying the bieense-4 PPA F,�F'�qq than ene month,Lieensee shall deliver to Lieenser stieh writ" st*ternemt of all Gross Sitles and revenueq witig qellepq vepifieation signed by Lieensee an the last day-of Weensee shag pffy UPPMARr iMM.Pd4gtely upen request J�� liquidated damages,ift addi6en to and Fte Th_P tpFffi*"Gress Sales"m9eams,the selling pfiee of all fnerehandise%old of delivered in,at,e"a From any part a F the hieense Area and she 11 ineh'ide salp-q Mid ehafgei figr eaqh er eredit;regardless 4 eailee6ens in the ease 8F the lat�er,bw shall exelude(1)returns and eef;umds n feet n9ade by Lie me6ded within Gress Sales,mat emeeeding theselling priee of Fnerehandi%e returned by Weensee(but ne�by any vendor aF Lieensee). A.9ale shall be deemed to b mode��php I 4,rea if any erder theref&EL iq--epuffed-of re"ftived in the 6ieenge Area,whether er not queh order is Riled in the ree6ved or filled at or from the bieense Area. S. BQQ]l9L Lieensee shall prepare in%eeerdanee with generally aeeepted fteeett"ting praetiee and lteep fte its primeiprA offiee address,iteeurate beaks of aeeatint and reeerds eF Gross Sales and reventies, AN beales and feeereig shall be subject to examination and audit by Liee"ser. if there i*-ft 9. Relocation: Licensor reserves the right to move,relocate,adjust or substitute the License Area,in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be least disruptive to Licensee's business operations. 10. Revocation: The License granted by virtue of this Agreement may be revoked by Licensor, in Licensoes sole discretion for any reason,including,but not limited to the Specific Grounds for Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four(24)hours notice to Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as the result of any such revocation by Licensor. 11. Insurance: Licensee shall,at its full cost and expense,procure and continue in force, during the term of this Agreement,commercial general liability insurance including contractual liability and property damage relating to the License Area covering any and all claims for injuries to persons or upon the License Area. Such insurance shall be single limit coverage in an amount of not less than One Million ($1,000,000.00)Dollars. Licensee shall also carry Workers Compensation Insurance in the statutory amount. Any insurance policies required hereunder shall name Licensor,and any designees of Licensor, as an additional insured,and Licensee shall furnish evidence of such insurance coverage prior to occupancy of the License Area. 12. Indemnity, Starting on the date Licensee first uses or occupies the License Area, to the extent allowed by law,Licensee shall indemnify and hold Licensor,its parents,subsidiaries and affiliates 2 harmless from and against all claims,actions,liens,demands,expenses,and judgments for loss,damage,or injury to property or persons resulting or occurring by reason of the construction,use,or occupancy of the License Area by Licensee,including all costs,expenses,and attorney fees. 13. Liability of Licensor. Licensor shall not be responsible or liable for,and Licensee hereby expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on the License Area,regardless of the cause. Licensee's property in the License Area or the Shopping Center shall be there at Licensee's sole risk. Licensor, its agents, and employees shall not be liable for, and Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property sustained by Licensee or any person claiming by,through or under Licensee resulting from any accident or occurrence in, on, or about the License Area or any other part of the Shopping Center, including, without limitation, claims for loss, theft, or damage resulting from () equipment or appurtenances becoming out of repair;(6)injury done or occasioned by wind or weather;(di) any defect in or failure to operate, for whatever reason,any sprinkler, heating,or air-conditioning equipment,electric wiring or the installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(iv)broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub, washstand,water closet,waste pipe,drain,or other pipe; (vii) the escape of steam or water; (viii) water, snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks, or any other place upon or near the Shopping Center;(ix)the falling of any fixture,plaster,tile,stucco,or other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property, or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the right to use,at Licensee's own risk. 14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terms, conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in any court pursuant to any statute,either of the United States or any State,a petition(i)in bankruptcy,(ii) alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the bankruptcy acts, or a similar type of proceeding; or (c) Licensee fails to pay, when due, any payment required hereunder;or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee agrees to immediately surrender possession of the License Area to the Licensor; (2) make demand for immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re- enter the License Area and remove all persons and/or any property therefrom,by any suitable action or proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial by jury and the right to file noncompulsory countersuit or crossclaim against Licensor. 15. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 10, Licensee shall:(a)remove all of Licensee's property,including,but not limited to inventory and trade fixtures from Licenser's premises within the time period set forth in the notice;(b)upon demand of Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this Agreement. Licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same. 16. Damage: This License shall be revoked automatically if any portion of the License Area is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to fire or any other peril. 17. Liability. There shall be no personal liability of Licensor with respect to this License. If a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. 18. Provisions: Licensor is or may be a party to certain documents,as amended from time to time,with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This License is subject and subordinate to all the provisions in those documents,as amended from time to time. 19. _Terms of Agreement This License contains all the covenants, promises, agreements, conditions, and understandings between Licensor and Licensee. There are no other, either oral or written,between them other than those set forth in this License. 20. Obligation upon Expiration: Upon the Expiration Date of this Agreement,Licensee shall immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures from Licenser's premises and otherwise return the License Area to the same condition as it existed at the Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees equivalent to one hundred twenty-five percent(125%)of the total Minimum Fee specified in Paragraph 5 hereof,assessed in daily increments as one-thirtieth (1/30) of the total monthly amount. Licensee shall 3 also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof. 21. Liability of Licensor: The term "Licensor" means only the owner or mortgagee in possession for the time being of the building in which the License Area is located or the owner of a leasehold interest in said budding and/or the land thereunder so that in the event of sale of said building and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land, Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of Licensor hereunder. It is specifically understood and agreed that there shall be no personal liability of Licensor(nor Licensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies. In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges, duties, and obligations may be administered by Licensor's designee, including, but not limited to, Licensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all of Licensor's functions hereunder including, but not limited to, the execution of this License and any other related documentation. 22. Non-Waiver Provision: The failure of Licensor to insist upon performance of any of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions,and covenants herein contained. 23. BindingAgreemenr This Agreement may not be modified in any manner other than by a written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor. The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding upon Licensee and Licensor,or any successor,designee or assignee of Licensor. 24, Design Requirements: All costs and expenses (including permits or licenses) attributable to the construction of the License Area by Licensee shall be borne by Licensee. Licensee shall not commence construction of the License Area without first obtaining Licensor's approval of the location and design,nor prior to the execution of this License. Design criteria for the construction of the License Area are: a. The kiosk/pushcart structure shall be limited to counter units with no overhead obstructions that inhibit the visibility of tenants, licensees or other occupants in the Shopping Center. Counter units shall not exceed 48"in height. b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into the floor or other part of the Shopping Center structure. An area width of no less than twelve feet (12'0") minimum shall be maintained on all sides of the kiosk/pushcart subject to traffic flow. C. Water service and special HVAC Systems are not available. Heating,venting,and Fire Protection Systems shall be that which is provided to common areas in the Shopping Center. d. Design criteria for all signs to be utilized at the License Area, kiosk/pushcart size, construction, finish materials,and special equipment shall be evaluated specifically for each individual licensee. Licensee shall submit plans for Licensor's review and approval prior to construction and shall include pictures of any existing units of Licensee's. e. Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall apply for all necessary permits. Licensor's approval of Licensee's plans shall not relieve Licensee of its obligation to complete the development in accordance with this License,nor does it relieve Licensee from complying with laws,rules,regulations,and requirements of local governing authorities. Certificates of occupancy and waivers of lien from Licensee's contractor,all subcontractors and material men shall be filed with Licensor upon completion of work. f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is not open for business,unless Licensor has agreed otherwise in writing. For in-fine space, set up may take place during mall hours, as long as it does not interfere in any manner,including noise or dust,with mall business and the comfort of the patrons. A black drape or equivalent, provided by Licensee, must be 4 covering the entire storefront, as to keep the interior design concealed until ready for business. 25. Permits:If there are any licenses,authorizations,or permits required by any governmental agency or authority for the type of activity to be carried on at or for the use of the License Area,Licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted. 26. Visual Merchandisin . Licensee shall comply with the visual merchandising standards of Licensor. Licensee understands and agrees to implement visual merchandising recommendations of Licensor and change visual merchandising presentation as requested by Licensor. 27. Operating Requirements Licensee shall observe all Operating Rules for the Shopping Center and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not limited to: a. Licensee shall use and occupy the license Area in a careful,safe and proper manner and shall keep the License Area in a clean and safe condition in accordance with this License,local ordinances,and the directions of public officers. b. All signage located in and upon the License Area shall be approved by Licensor prior to installation or placement. All signs,placards,banners,pennants, or other advertising matter shall be prepared in a professional manner and in no event shall be handwritten. Licensee shall display an approved sign depicting its approved trade name. Sign Criteria: Signs are to be furnished and installed by Licensee and approved by an agent for Licensor. Licensee's sign contractor or architect must submit a black and white rendering(specifying PMS colors) of Licensee's sign prior to approval. Licensee's sign shall be located within the Emits of Licensee's storefront and shall not project more than 8" beyond the storefront if the Shopping Center is an enclosed mall, and not more than 12" beyond the storefront if the Shopping Center is a strip center. Sign Size: Malls: Up to 30'storefront: Capitals 18" Lower Case 12" 30'-1"and greater: Capitals 24" Lower Case 18" Strip Centers: Up to 30'storefront: Capitals 24" Lower Case 18" 30-1"and greater: Capitals 30" Lower Case 24" The length of Licensee's sign shall be limited to 70% of Licensee's storefront. C. Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart structure. The outside areas immediately adjoining the License Area shall be kept clear at all times by Licensee,and Licensee shall not place nor permit any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas. d. All loading and unloading of goods shall be done only at such times, in the areas,and through the entrances designated for that purpose by Licensor. e. All garbage and refuse shall be kept in the kind of container specified by Licensor,and shall be placed and prepared for collection in the manner and at the times and places specified by Licensor. If Licensor shall provide or designate a service for picking up refuse and garbage, Licensee shall use same at Licensee's cost. Licensee shall pay the cost of removal of any of Licensee's refuse and garbage,and maintain all common loading areas in a clean manner satisfactory to the Licensor. Licensee shall use any trash compactor Licensor provides for the general use of Licensee or licensees in a designated area of the Shopping Center. Notwithstanding the foregoing provision, if Licensee qualifies as a generator of medical waste, then Licensee shall be solely responsible for causing compliance with all federal, state and local laws, whether existing now or established in the future, relating in any way to the storage, containment, treatment, transfer, transportation and disposal of medical waste(including the use of licensed medical waste management companies), and shall hold Licensor harmless for Licensee's noncompliance or violations thereof. For purposes hereof,"medical waste"means any solid,semisolid or liquid waste,which is generated in the diagnosis, treatment 5 (e.g.,provisions of medical services)or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. "Generator" means any person or entity whose act or process produces medical waste as hereinbefore defined. f. No loudspeakers, televisions,phonographs,cd players,DVD players,cassette players,radios,flashing lights,or other devices shall be used in a manner so as to be heard or seen outside of the License Area. No electronic or communication devices shall be used in the License Area or in connection therewith which interrupt or interfere with the use and enjoyment of electronic or communication devices of other occupants of the Shopping Center or of the neighborhood in which the Shopping Center is located. g. Licensee shall not conduct or permit any fire, bankruptcy, relocation, liquidation, retirement, moving, auction, or"going out of business" sale (whether real or fictitious) in the License Area, or utilize any unethical method of business operation. Licensee shall not use the License Area as a clearance, outlet or wholesale center. h. Licensee shall not carry on any trade or occupation or operate any instrument or equipment, which emits an odor or causes a noise discernible outside of the License Area. I. Licensee shall not distribute any handbills or other advertising matter in the Shopping Center or on automobiles parked in the parking areas of the Shopping Center. j. Licensee and Licensee's employees shall not park their cars in those portions of the parking area designated for customer parking by Licensor. If Licensee or Licensee's employees'park in portions of the parking area designated for customer parking,Licensor may,in addition to its other remedies,have such cars removed at Licensee's expense. k. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress,and are expected to operate in a dignified,ethical,manner. 1. Licensee shall display its customer sales return policy. M. Licensee shall not permit loitering at the License Area. n. Licensee shall furnish Licensor with emergency telephone numbers and a forwarding address. o. Due to the lack of on-site storage facilities,acquisition of outside storage shall be Licensee's responsibility. P. Licensee shall be solely responsible for policing its location against theft,loss, or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall Licensor be held liable for such theft,loss,or damage. 28. Conduct: Licensee shall at all times during its occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees,guests,and invitees. 29. Removal: Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and effects,repair any damage caused by such removal,and peaceably yield up the License Area clean and in good order, repair, and condition. Personal property of Licensee not removed within two (2)days of such Expiration Date or earlier revocation shall become the property of Licensor,at Licensor's option without liability to Licensee therefore. 30. Conduct and Alterations• Licensee shall not harm the License Area, commit waste, create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or additions to the License Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,nor permit the painting or placing of exterior signs,placards,or other advertising media, banners,pennants, awnings, aerials, antennas, or the like in or on the License Area, without the prior written consent of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 31. Condition of License Arew Licensee has inspected the License Area,and accepts it"as is" with no representation or warranty by Licensor regarding the condition of the License Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area unless the obligation is set forth in this License. 6 32. Hours of Operation: The license Area shall remain open for business at all times designated by Licensor. Licensee shall operate in the entire license Area continuously and uninterruptedly while this License is in effect,and in a first class manner. 33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be brought upon,stored,kept,used,or discharged on or about the License Area. 34. Access to License Area: Licensor may enter the License Area at anytime. 35. Condition of License Area: Licensee shall maintain, at its sole cost and expense, the License Area in good condition and make all necessary replacements and repairs to the License Area except for structural repairs. In addition to all other remedies of Licensor,if Licensee does not complete its obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion, determines that emergency repairs are necessary,or repairs or replacement of any portion of the License Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its agents,employees, contractors, or assignees, then in any such event, Licensor may make such repairs, maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of such repair, maintenance,or replacement. Upon completion of any such repair,maintenance,or replacement Licensee shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5 times the total cost of the repair,maintenance,or replacement. Furthermore,Licensee shall immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the License Area. 36. Confidentiali ty: Licensee and its agents and employees shall keep and hold in strict confidence all of the terms of this License Agreement including but not limited to: the amount and/or manner of payment of fees and all items of additional charges including the formulations thereof,the use of the License Area;the duration of the license;and all other terms and conditions herein. 37. Nonprohibited Transaction Representation: Licensee hereby represents and warrants to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted from doing business with under regulations of the Office of Foreign Asset Control ("OFAC'� of the Department of the Treasury (including,but not limited to,those named on OFAC's Specially Designated and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September 24,2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written,each acknowledging receipt of an executed copy hereof. LICENSOR: PARKDALE MALL.LLC.by CBL& Associates Management,Inc nP anent By: Print Name: Kurt Lundgreen Its:Authorized Signatory Date: LICENSEE: City of Beaumont 74-W000278 By: Print Name: Kyle Haygs Its: Date: 7 c RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Directo MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary to accept grant funding from the Department of State Health Services(DSHS)for the EMS- Local Projects Grant. RECOMMENDATION Administration recommends Council approval. BACKGROUND The Texas Department of State Health Services(DSHS) has awarded the Beaumont Public Health Department an EMS-Local Projects Grant in the amount of$19,410.00. Funds are approved for Power Stretchers, EZ-IO sets, Backboards, Pedi Immobilization Boards, and Stair Chairs. This Contract begins 10/01/2008 and ends on 08/31/2009. BUDGETARY IMPACT City would receive grant funding in the amount of$19,410.00. 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 all documents necessary to accept funding in the amount of $19,410.00 from the Texas Department of State Health Services for the EMS-Local Projects Grant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - DEPARTMENT OF STATE HEALTH SERVICES E i Y This contract, number 2009-030387 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY OF BEAUMONT (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $19,410.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Fundins Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate fundin g under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2008 and ends on 08/31/2009. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2009-030387-001 EMS - LOCAL PROJECTS c. General Provisions (Sub-recipient) d. Solicitation Document(s) RFP#EMS/LPG-0278.1, and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits A. Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF BEAUMONT Address: PO BOX 3827 BEAUMONT, TX 77704-3827 Vendor Identification Number: 17460002789023 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF BEAUMONT By: By: Signature of Authorized Official Signature Date Date Bob Burnette, C.P.M., CTPM Printed Name and Title Director, Client Services Contracting Unit Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Telephone Number Bob.Bumette@dshs.state.tx.us E-mail Address for Official Correspondence 92648-t Fiscal Year 2009 Department of State Health Services Contract General Provisions (Core/Subrecipient) TABLE OF CONTENTS ARTICLE I COMPLIANCE AND REPORTING......................................................................1 Section 1.01 Compliance with Statutes and Rules...................................................................1 Section 1.02 Compliance with Requirements of Solicitation Document...............................1 Section1.03 Reporting...............................................................................................................1 Section 1.04 Client Eligibility....................................................................................................1 Section 1.05 Applicable Contracts Law and Venue for Disputes...........................................1 Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. .....................I Section 1.07 Statutes and Standards of General Applicability..............................................2 Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts.. .................................................................................................................................4 Section 1.09 Civil Rights Policies and Complaints..................................................................5 ARTICLEII SERVICES.................................................................................................................5 Section 2.01 Education to Persons in Residential Facilities....................................................5 Section2.02 Disaster Services....................................................................................................5 Section2.03 Consent to Medical Care of a Minor...................................................................5 Section2.04 Telemedicine Medical Services............................................................................6 Section2.05 Fees for Personal Health Services. ......................................................................6 Section 2.06 Cost Effective Purchasing of Medications..........................................................6 Section 2.07 Services and Information for Persons with Limited English Proficiency. ......6 ARTICLEIII FUNDING..................................................................................................................7 Section 3.01 Debt to State and Corporate Status. ...................................................................7 Section3.02 Application of Payment Due................................................................................7 Section3.03 Use of Funds..........................................................................................................7 Section3.04 Use for Match Prohibited.....................................................................................7 Section3.05 Program Income....................................................................................................7 Section3.06 Nonsupplanting.....................................................................................................8 ARTICLE IV PAYMENT METHODS AND RESTRICTIONS..................................................8 Section4.01 Payment Methods..................................................................................................8 Section4.02 Billing Submission.................................................................................................8 Section 4.03 Final Billing Submission.......................................................................................8 Section4.04 Working Capital Advance....................................................................................8 Section4.05 Financial Status Reports (FSRs)..........................................................................9 Section4.06 Third Party Payors...............................................................................................9 ARTICLE V TERMS AND CONDITIONS OF PAYMENT......................................................9 Section5.01 Prompt Payment. ..................................................................................................9 Section5.02 Withholding Payments.........................................................................................9 Section 5.03 Condition Precedent to Requesting Payment...................................................10 General Provisions(Core Subrecipient 2009) Table of Contents 6/5/08 Page 1 of 4 Section5.04 Acceptance as Payment in Full..........................................................................10 Section5.05 No Fee or Profit...................................................................................................10 ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................................10 Section6.01 Allowable Costs...................................................................................................10 Section 6.02 Independent Single or Program-Specific Audit...............................................11 Section6.03 Submission of Audit............................................................................................12 ARTICLE VII CONFIDENTIALITY........................................................................................12 Section7.01 Maintenance of Confidentiality.........................................................................12 Section 7.02 Department Access to PHI and Other Confidential Information..................12 Section 7.03 Exchange of Client-Identifying Information....................................................12 Section 7.04 Security of Patient or Client Records................................................................13 Section 7.05 HIV/AIDS Model Workplace Guidelines.........................................................13 ARTICLEVIII RECORDS RETENTION..................................................................................13 Section8.01 Retention..............................................................................................................13 ARTICLE IX ACCESS AND INSPECTION...............................................................................14 Section9.01 Access...................................................................................................................14 Section9.02 State Auditor's Office.........................................................................................14 Section9.03 Responding to Deficiencies.................................................................................14 ARTICLE X NOTICE REQUIREMENTS.................................................................................14 Section 10.01 Child Abuse Reporting Requirement................................................................14 Section10.02 Significant Incidents...........................................................................................15 Section10.03 Litigation..............................................................................................................15 Section10.04 Action Against the Contractor...........................................................................15 Section10.05 Insolvency............................................................................................................15 Section10.06 Misuse of Funds...................................................................................................15 Section 10.07 Criminal Activity and Disciplinary Action.......................................................16 Section10.08 Retaliation Prohibited........................................................................................16 Section10.09 Documentation....................................................................................................16 ARTICLE XI ASSURANCES AND CERTIFICATIONS..........................................................16 Section11.01 Certification.........................................................................................................16 Section 11.02 Child Support Delinquencies.............................................................................17 Section11.03 Authorization.......................................................................................................17 Section 11.04 Gifts and Benefits Prohibited.............................................................................18 Section 11.05 Ineligibility to Receive the Contract..................................................................18 Section11.06 Antitrust...............................................................................................................18 Section 11.07 Initiation and Completion of Work...................................................................18 ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR.......................18 Section 12.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees. ...............................................................................................................................18 Section12.02 Management and Control Systems....................................................................19 General Provisions(Core Subrecipient 2009) Table of Contents 6/5/08 Page 2 of 4 Section12.03 Insurance. ............................................................................................................20 Section12.04 Fidelity Bond.......................................................................................................20 Section12.05 Liability Coverage...............................................................................................20 Section12.06 Overtime Compensation.....................................................................................20 Section12.07 Program Site........................................................................................................20 Section12.08 Cost Allocation Plan. ..........................................................................................20 Section 12.09 Reporting for Unit Rate and Fee For Service Contracts.................................21 Section 12.10 Historically Underutilized Businesses (HUBs).................................................21 Section12.11 Buy Texas.............................................................................................................21 Section 12.12 Contracts with Subrecipient Subcontractors...................................................21 Section12.13 Status of Subcontractors....................................................................................22 Section12.14 Incorporation of Terms......................................................................................22 Section12.15 Independent Contractor.....................................................................................22 Section12.16 Authority to Bind................................................................................................22 Section12.17 Tax Liability........................................................................................................22 Section12.18 Notice of Organizational Change......................................................................23 Section12.19 Quality Management..........................................................................................23 Section 12.20 Equipment(Including Controlled Assets) Purchases......................................23 Section12.21 Supplies................................................................................................................23 Section12.22 Changes to Equipment List................................................................................23 Section 12.23 Property Inventory and Protection of Assets...................................................23 Section12.24 Bankruptcy..........................................................................................................24 Section12.25 Title to Property..................................................................................................24 Section12.26 Property Acquisitions.........................................................................................24 Section12.27 Disposition of Property.......................................................................................24 Section12.28 Closeout of Equipment.......................................................................................24 Section12.29 Assets as Collateral Prohibited..........................................................................24 ARTICLE XIII GENERAL TERMS............................................................................................25 Section13.01 Assignment...........................................................................................................25 Section13.02 Lobbying..............................................................................................................25 Section13.03 Conflict of Interest..............................................................................................25 Section 13.04 Transactions Between Related Parties..............................................................25 Section13.05 Intellectual Property...........................................................................................26 Section 13.06 Other Intangible Property. ................................................................................27 Section13.07 Severability and Ambiguity. ..............................................................................27 Section13.08 Legal Notice.........................................................................................................27 Section13.09 Successors............................................................................................................27 Section13.10 Headings...............................................................................................................27 Section13.11 Parties...................................................................................................................27 Section13.12 Survivability of Terms........................................................................................27 Section13.13 Direct Operation. ................................................................................................27 Section13.14 Customer Service Information..........................................................................28 Section13.15 Amendment. ........................................................................................................28 Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. ..........28 Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. .............28 Section13.18 Immunity Not Waived........................................................................................29 General Provisions(Core Subrecipient 2009) Table of Contents 6/5/08 Page 3 of 4 Section 13.19 Hold Harmless and Indemnification.................................................................29 Section13.20 Waiver..................................................................................................................29 Section13.21 Technology Accessibility. ...................................................................................29 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE... ...............................................................................................................................30 Section 14.01 Actions Constituting Breach of Contract. ........................................................30 Section14.02 General Remedies and Sanctions......................................................................30 Section14.03 Notice of Remedies or Sanctions........................................................................32 Section14.04 Emergency Action...............................................................................................33 ARTICLE XV CLAIMS AGAINST THE DEPARTMENT ....................................................33 Section15.01 Breach of Contract Claim..................................................................................33 Section15.02 Notice....................................................................................................................33 Section15.03 Sole Remedy........................................................................................................34 Section15.04 Condition Precedent to Suit...............................................................................34 Section15.05 Performance Not Suspended..............................................................................34 ARTICLEXVI TERMINATION.................................................................................................34 Section 16.01 Expiration of Contract or Program Attachment(s).........................................34 Section16.02 Effect of Termination.........................................................................................34 Section 16.03 Acts Not Constituting Termination...................................................................34 Section16.04 Termination Without Cause..............................................................................35 Section16.05 Termination For Cause......................................................................................35 Section16.06 Notice of Termination....:....................................................................................36 ARTICLE XVII VOID, SUSPENDED,AND TERMINATED CONTRACTS.........................36 Section17.01 Void Contracts. ...................................................................................................36 Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract...............36 Section17.03 Appeals Rights.....................................................................................................37 ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION................................37 Section18.01 Cessation of Services At Closeout......................................................................37 Section18.02 Administrative Offset. ........................................................................................37 Section18.03 Deadline for Closeout. ........................................................................................37 Section18.04 Payment of Refunds............................................................................................37 Section 18.05 Disallowances and Adjustments........................................................................37 Section18.06 Contract Reconciliation......................................................................................37 General Provisions(Core Subrecipient 2009) Table of Contents 6/5/08 Page 4 of 4 Fiscal Year 2009 Department of State Health Services Contract General Provisions (Core/Subrecipient) ARTICLE I COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s)to comply, with the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations and rules as such statutes, regulations and rules currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations or the Rules, the terms of this Contract shall control. Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon the Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in the Contractor's response to the Solicitation Document shall constitute a breach of this Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit a required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract,may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 1.04 Client Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation,performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, shall apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies as well as Office of Management and Budget(OMB) Circulars,the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, as amended, and Uniform Grant Management Standards (UGMS), as amended, by revised federal circulars and incorporated in UGMS by the Governor's Budget, Planning and Policy Division. UGMA is located on the Internet at http://tlo2.tic.state.tx.us/statutes/statutes.html; the UGMS are located on the General Provisions(Core Subrecipient 2009) 6/5/08 Page 1 of 38 Internet at http://www.govemor.state.tx.us/divisions/state rg ants/guidelines/files[UGMS062004.doc, Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, as specified on the Internet at httn://whitehouse.gov/omb/grants/chart.html, and the U.S. Health and Human Services Grants Policy Statement located on the Internet at http://www.hhs.gov/grantsnet/does/HHSGPS 107.doc. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 1.07 Statutes and Standards of General Applicability. It is Contractor's responsibility to review and comply with all applicable statutes, rules,regulations, executive orders and policies. To the extent applicable to Contractor, Contractor agrees to comply with the following: a) the following statutes,rules,regulations, and DSHS policy(and any of their subsequent amendments)that collectively prohibit discrimination on the basis of race, color,national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse,political belief or religion: 1)Title VI of the Civil Rights Act of 1964, 42 USCA §§ 2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USCA §§ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USCA § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USCA §§ 12101 et seq.; 5)Age Discrimination Act of 1975, 42 USCA §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USCA § 290dd(b)(1); 7)45 CFR Parts 80, 84, 86 and 91; 8)U.S. Department of Labor, Equal Employment Opportunity E.0. 11246, as amended and supplemented; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11)Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; and 12) DSHS Policy AA-5018,Non-discrimination Policy for DSHS Programs; b) Drug Abuse Office and Treatment Act of 1972,21 USCA §§ 1101 et seq., relating to drug abuse; c) Public Health Service Act of 1912, §§ 523 and 527, 42 USCA § 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; d) Title VIII of the Civil Rights Act of 1968, 42 USCA §§ 3601 et seq., relating to nondiscrimination in housing; e) Immigration Reform and Control Act of 1986, 8 USCA § 1324a, regarding employment verification; f) Pro-Children Act of 1994, 20 USCA §§ 6081-6084, regarding the non-use of all tobacco products; g) National Research Service Award Act of 1971, 42 USCA §§ 289a-1 et seq., and 6601 (PL 93- 348 and PL 103-43), as amended,regarding human subjects involved in research; h) Hatch Political Activity Act, 5 USCA §§ 1501-1508 and 7321-26, which limits the political activity of employees whose employment is funded with federal funds; i) Fair Labor Standards Act, 29 USCA §§ 201 et seq., and the Intergovernmental Personnel Act of 1970,42 USCA §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; j) Tex. Gov. Code Chapter 469,pertaining to eliminating architectural barriers for persons with disabilities; General Provisions(Core Subrecipient 2009) 6/5/08 Page 2 of 38 k) Texas Workers' Compensation Act, Tex. Lab. Code, Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; 1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; m) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; o) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321- 1 4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2)Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;"3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4)Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (PL 93-234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7)Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.)related to protecting certain rivers system; and 11) Lead-Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation; p) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763)regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration(5 CFR Part 900, Subpart F); q) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; r) Davis-Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act(40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act(40 USC §§ 327-333), regarding labor standards for federally-assisted construction subagreements; s) National Historic Preservation Act of 1966, §106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations;" and General Provisions (Core Subrecipient 2009) 6/5/08 Page 3 of 38 u) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a grant or cooperative agreement, additional state or federal requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein by reference. Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions shall not apply to Contractors that are State agencies or units of local government; and certain additional provisions shall apply to such Contractors. a) The following sections or portions of sections of these General Provisions shall not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees"in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; 6) Historically Underutilized Businesses, Section 12.10 (Contractor,however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department(This Article is inapplicable to interagency contracts only). b) The following additional provisions shall apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771. 2) The Parties hereby certify that(1)the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2)the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3)the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder. 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions shall apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791. 2) Payments made by DSHS to Contractor shall be from current revenues available to DSHS. 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests, when signed by a duly authorized representative of Contractor, shall be effective as of the effective date specified by the General Provisions,(Core Subrecipient 2009) 6/5/08 Page 4 of 38 Department, whether that date is prior to or after the date of any ratification by Contractor's governing board. Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor must notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten(10) calendar days after Contractor's receipt of the claim. Notice must be directed to— HHSC Civil Rights Office 701 W. 51 st St., Mail Code W206 Austin, Texas 78751 Toll-free phone (888) 388-6332 Phone (512)438-4313 TTY Toll-free (877)432-7232 Fax (512)438-5885 ARTICLE II SERVICES Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons,who are housed in Department licensed and/or funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including natural,man-made, criminal,terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Disaster services shall be carried out in the manner most responsive to the needs of the emergency, be cost effective, and be least intrusive on the primary services of the Contractor. Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, the treatment of a minor shall be provided only if informed consent to treatment is obtained pursuant to Tex. Fam. Code, Chapter 32 relating to consent to treatment of a child by a General Provisions (Core Subrecipient 2009) 6/5/08 Page 5 of 38 non-parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Fain. Code Chapter 32, federal law shall supersede state law. Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a provider uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using protocol approved by the Contractor's medical director and utilizing equipment that complies with the equipment standards as required by the Department. Procedures of telemedicine service provision must include the following requirements: a) clinical oversight by the Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; fj demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule §448.911. Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health& Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee shall not exceed the actual cost of providing the services. No patient may be denied a service due to inability to pay. Section 2.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. Section 2.07 Services and Information for Persons with Limited English Proficiency. Contractor agrees to take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of 18 or General Provisions (Core Subrecipient 2009) 6/5/08 Page 6 of 38 any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and the use of such a person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE III FUNDING Section 3.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055,the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law(Tex. Tax Code §§ 171.001 et seq., as amended). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 3.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 3.03 Use of Funds. Contractor agrees that it shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 3.04 Use for Match Prohibited. Contractor agrees funds provided through this Contract shall not be used for matching purposes in securing other funding unless directed or approved by the Department in writing. Section 3.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, the addition alternative, as provided in UGMS § _.25(g)(2), for the use of program income shall be used by Contractor to further the program objectives of the state or federal statute under which the Program Attachment was made, and it shall be spent on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be refunded to DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, General Provisions (Core Subrecipient 2009) 6/5/08 Page 7 of 38 billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions set forth in this Contract. Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of fimding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each program shall be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee for service. This payment method is based on a specified rate(s) or fee(s)for a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required forms and/or deliverable(s). Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s), Contractor shall submit requests for reimbursement or payment monthly within thirty(30) calendar days following the end of the month covered by the bill. Section 4.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than sixty(60) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS's offices more than sixty (60) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding, and only for an extenuating circumstance, such as, a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations, or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 4.04 Working Capital Advance. If allowed under this Contract, a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the Division Contract Management Unit General Provisions(Core Subrecipient 2009) 6/5/08 Page 8 of 38 assigned to the Program Attachment to justify the need for a working capital advance. The working capital advance must be liquidated as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of the Program Attachment(s), for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the thirtieth calendar day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. The final FSR must be submitted not later than sixty (60) days following the end of the applicable term. Section 4.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall: (a) enroll as a provider in Children's Health Insurance Plan and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those plans for the covered services; (b)provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d)not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; (e)maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f)bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g)provide third party billing functions at no cost to the client. ARTICLE V TERMS AND CONDITIONS OF PAYMENT Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law(Tex. Gov. Code Chapter 2251). Contractor must comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance is subject to audit or review by the Department. Section 5.02 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures or overpayments that Contractor General Provisions(Core Subrecipient 2009) 6/5/08 Page 9 of 38 has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment from funds available under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations. Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section. Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients, and Contractor agrees to not seek additional reimbursement or payment for services or goods from clients. Section 5.05 No Fee or Profit. Except as provided in Section 2.05, Fees for Personal Health Services, Contractor shall not charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 6.01 Allowable Costs. For services satisfactorily performed pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost within the applicable term to be eligible for reimbursement under this Contract and prior to claiming reimbursement. DSHS shall determine whether costs submitted by Contractor are allowable and reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s)required under the Financial Status Reports section are not submitted by the date(s) due. DSHS may take repayment from funds available under any term of this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include: Applicable Entity Applicable Cost Audit Administrative Principles Requirements Requirements State, Local and OMB Circular OMB Circular UGMS, OMB Tribal Governments A-87 A-133 and UGMS Circular A-102, and applicable Federal awarding agency common rule Educational OMB Circular OMB Circular OMB Circular A-110 Institutions A-21 A-133 and UGMS and applicable Federal awarding agency common rule General Provisions(Core Subrecipient 2009) 6/5/08 Page 10 of 38 Non-Profit OMB Circular OMB Circular UGMS; OMB Organizations A-122 A-133 and UGMS Circular A-110 and applicable Federal awarding agency common rule For-profit 48 CFR Part 31, Program audit UGMS and applicable Organization other Contract Cost conducted by an Federal awarding than a hospital and an Principles independent agency common rule organization named in Procedures, or certified public OMB Circular A-122 uniform cost accountant in as not subject to that accounting accordance with circular. standards that Governmental comply with cost Auditing principles Standards. acceptable to the federal or state awardin agency A chart of applicable common rules is located on the Internet at http://www.whitehouse.gov/omb/grants/chart.html. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 6.02 Independent Single or Program-Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least$500,000 in state funds awarded or at least$500,000 in federal funds awarded, Contractor must have a single audit or program-specific audit in accordance with the Office of Management and Budget (OMB) Circ.No. A-133,the Single Audit Act of 1984, P L 98-502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. The HHSC Office of Inspector General (OIG)will notify the Contractor to complete the Single Audit Determination Registration Form. If Contractor fails to complete the Single Audit Determination Form within thirty (30) days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit shall be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and Uniform Grant Management Standards (UGMS) located on the Internet at http://www.govemor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a governmental entity, shall competitively re-procure independent single audit services every five (5) years and shall not use the same lead or coordinating audit partner (having primary responsibility for the audit)to conduct the independent audit for more than five (5)consecutive years. Procurement of audit services must comply with the procurement standards of 45 CFR Part 74 or 92, as applicable, including obtaining General Provisions (Core Subrecipient 2009) 6/5/08 Page 11 of 38 competition and making positive efforts to use small, minority-owned, and women-owned business enterprises. Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by this section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the Texas Health and Human Services Commission (HHSC), Office of Inspector General (OIG), at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Texas Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 If Contractor fails to submit the audit report as required by this section within thirty (30) days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws and Rules, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health& Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181,241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable Rules. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client-Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health& General Provisions(Core Subrecipient 2009) 6/5/08 Page 12 of 38 Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Program Attachment to this Contract. as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. if providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health& Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be found at http://www.dshs.state.tx.us/hivstd/policy/pdf/090021.pd VIII RECORDS ARTICLE CO S RETENTION Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and federal statutes and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four(4) years after the termination of this Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes and regulations governing medical information. Contractor shall ensure that this provision concerning records retention is included in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four(4) years from the date Contractor ceases business or from the termination date of this Contract, whichever is sooner. Contractor shall provide the name and address of the party responsible for storage of records to the Division Contract Management Unit assigned to the Program Attachment. General Provisions(Core Subrecipient 2009) 6/5/08 Page 13 of 38 ARTICLE IX ACCESS AND INSPECTION Section 9.01 Access. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including client and patient records, if any), books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. Further, Contractor shall ensure that information collected, assembled or maintained by the Contractor relative to this Contract is available to the Department for the Department to respond to requests that it receives under the Public Information Act. The Department and HHSC will have the right to audit billings both before and after payment. Payments will not foreclose the right of Department and HHSC to recover excessive or illegal payments. Contractor shall ensure that this provision concerning the right of access to, and examination of, information related to this Contract is included in any subcontract it awards. Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records,books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. The Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. Contractor shall ensure that this provision concerning the authority to audit funds will apply to funds received indirectly by subcontractors through the Contractor, and the requirement to cooperate, is included in any subcontract it awards. Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency in a program review or management or financial audit to the satisfaction of DSHS. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non-Compliance Article of these General Provisions. ARTICLE X NOTICE REQUIREMENTS Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: HIV/STD; Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and WIC General Provisions(Core Subrecipient 2009) 6/5/08 Page 14 of 38 Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us/childabusereportiniz. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the Division Contract Management Unit assigned to the Program Attachment significant incidents involving substantial disruption of program operation or potentially affecting Department-funded clients or participants within seventy-two (72) hours of discovery. Section 10.03 Litigation. Contractor shall notify the Division Contract Management Unit assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters,professional liability, and employee litigation. Notification shall include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 10.04 Action Against the Contractor. Contractor shall notify the Division Contract Management Unit assigned to the Program Attachment if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification shall include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; and the contract or case reference number. If the Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the Division Contract Management Unit assigned to the Program Attachment by submitting a one page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract Management Unit assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3)working days of the date of determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the Division Contract Management Unit assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by the Contractor's board of directors. Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract Management Unit assigned to the Program Attachment and to the SAO, any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws,rules, General Provisions (Core Subrecipient 2009) 6/5/08 Page 15 of 38 policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3)working days from the date that the Contractor has knowledge or reason to believe such activity has taken place. Contractor shall make the report to the SAO at (800) TX- AUDIT, or by Internet at http://www.sao.state.tx.us. Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision,received deferred adjudication, is presently indicted for or has been convicted of a criminal offence related to any financial matter, federal or state program or felony sec crime. Contractor shall notify in writing the Division Contract Management Unit assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that the Contractor has knowledge or reason to believe such activity has taken place. Contractor shall ensure that any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section is prohibited from performing direct client services or from having direct contact with clients, unless otherwise directed by DSHS. Section.10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of,or cooperates with an investigation regarding, any applicable law,rule, or standard to the SAO,the Department, another state agency, or any federal, state or local law enforcement official. Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices. ARTICLE XI ASSURANCES AND CERTIFICATIONS Section 11.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance programs; b) neither it, nor its principals,are presently debarred, suspended,proposed for debarment, declared ineligible, or excluded from participation in this transaction by any federal or state department or agency; c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; General Provisions(Core Subrecipient 2009) 6/5/08 Page 16 of 38 e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it, nor its principals have within the three-year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price fixing between competitors, allocation of customers between competitors and bid rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three-year period preceding this Contract has had one or more public transaction (federal, state or local)terminated for cause or default. Contractor shall include the certifications in this section, without modification(except as required to make applicable to the subcontractor), in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the Division Contract Management Unit assigned to the Program Attachment. If Contractor's status with respect to the items certified above changes during the term of this Contract, Contractor shall immediately notify the Division Contract Management Unit assigned to the Program Attachment. Section 11.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state-funded grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 11.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services set forth in this Contract and that a resolution, motion or similar action has been duly adopted or passed as an official act of the Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of the General Provisions (Core Subrecipient 2009) 6/5/08 Page 17 of 38 Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give,nor intends to give at any time hereafter, any economic opportunity,present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s)of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor,nor its employees, nor anyone acting for the Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s)of work for this Contract or in the Solicitation Document on which this Contract is based; (b) Pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if the Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 11.06 Antitrust. Pursuant to 15 USCA Sec. 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor,nor anyone acting for the Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in such line of business for the purpose of substantially lessening competition in such line of business. Section 11.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 12.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees. Contractor and its governing board shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for- profit organizations. Each member of Contractor's governing board shall be personally accountable General Provisions(Core Subrecipient 2009) 6/5/08 Page 18 of 38 for all funds and materials received from Department. Within thirty (30) days of the beginning of the term of each Contract (including each renewal of the Contract, if any), each member of Contractor's board shall sign a statement affirming his or her acknowledgement of personal accountability for Contract funds on a form supplied by Department. New members of the board shall sign the statement within thirty (30) days of becoming a board member. Contractor shall maintain the signed form for inspection by DSHS. The responsibility of Contractor's governing board shall also include accountability for compliance with Department Rules, policies,procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further, Contractor's governing board shall ensure separation of powers, duties, and functions of board members and staff. Staff members, including the executive director, shall not serve as voting members of the Contractor's governing board. No member of Contractor's governing board, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code.Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions shall also apply to the governing board, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referenced in this Contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 12.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: hgp://www.dshs.state.tx.us/contracts. Contractor shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements shall include at a minimum: a) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, original source documentation substantiating that costs are specifically and solely allocable to the Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. General Provisions(Core Subrecipient 2009) 6/5/08 Page 19 of 38 Section 12.03 Insurance. Contractor shall maintain insurance or other means of replacing assets purchased with Department funds. Section 12.04 Fidelity Bond. Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract,including person(s) authorizing payment of such funds. The fidelity bond or insurance shall provide for indemnification of losses occasioned by (1)any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or(2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. Section 12.05 Liability Coverage. Contractor shall also maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102,as "director and officer liability coverage,"where Contractor is a legal entity that is required to have directors and/or officers. This provision applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity that is required under Texas law to have directors and/or officers. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a director or officer of Contractor damages Department's interests. Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall.not use any of the funds provided by this Contract to pay the premium portion of overtime. Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1)with the prior approval of DSHS; 2)temporarily, in the case of an emergency or an occasional operational bottleneck; 3)when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 12.07 Program Site. All Contractors shall ensure that the location where services are provided is in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326,P.O. Box 149347, Austin, Texas 78714- 9347, except under the circumstance where a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as in the previous year, by signing this Contract, Contractor certifies General Provisions (Core Subrecipient 2009) 6/5/08 Page 20 of 38 that its current Cost Allocation Plan for the current year is the same as that submitted to DSHS for the previous year. In the event that the Cost Allocation Plan changes during the Contract term, Contractor must submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plan must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 12.09 Reporting for Unit Rate and Fee For Service Contracts. Contractor shall submit reports concerning unit rate and fee-for-service contracts to the Department in accordance with the requirements stated in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 12.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS as set forth in Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.14 et seq. Contractors may obtain a list of HUBs at hqp://www.window.state.tx.us/procurement/proa/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor agrees to make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(c). Section 12.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code § 2155.4441. Section 12.12 Contracts with Subrecipient Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into an agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contracts with subcontractors shall be in writing and include the following: a) name and address of all parties; b) a detailed description of the services to be provided; c) measurable method and rate of payment and total amount of contract; d) clearly defined and executable termination clause; e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s); f) access to inspect the work and the premises on which any work is performed, in accordance with the Access and Inspection Article in these General Provisions; and g) a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall monitor subcontractors for both financial and programmatic performance and shall maintain pertinent General Provisions(Core Subrecipient 2009) 6/5/08 Page 21 of 38 records that shall be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and under this Contract. Contractor shall not contract with a subcontractor, at any tier, that is debarred or suspended or excluded from or ineligible for participation in federal assistance programs. Section 12.13 Status of Subcontractors. Contractor shall include in all its contracts with subcontractors, the certifications stated in the Assurances and Certifications Article of these General Provisions. Contractor shall also require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall fiirther require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 12.14 Incorporation of Terms. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract, and provide that the subcontractor is subject to audit by DSHS, HHSC and the SAO. Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors,joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors,joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. Section 12.16 Authority to Bind. The person or persons signing and executing this Contract on behalf of Contractor, or representing themselves as signing and executing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. In the event that the Department discovers that Contractor has failed to remain current on a liability to the IRS,this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. In the event of Contract termination under this section, the Department will not enter into a contract with Contractor for three (3)years from the date of termination. General Provisions (Core Subrecipient 2009) 6/5/08 Page 22 of 38 Section 12.18 Notice of Organizational Change. Contractor shall submit written notice to the Division Contract Management Unit assigned to the Program Attachment within ten (10) business days of any change to the following: Contractor's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. A change in Contractor's name requires an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 12.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 12.20 Equipment(Including Controlled Assets) Purchases. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of$5,000 or more, and "controlled assets." Controlled assets include firearms regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more: desktop and laptop computers,non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Contractors on a cost reimbursement payment method shall inventory all equipment. If the purchase of equipment is approved in writing by the Department, Contractor is required to initiate the purchase of that equipment in the first quarter of the Contract or Program Attachment term, as applicable. Failure to initiate the purchase of equipment may result in loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the Division Contract Management Unit assigned to the Program Attachment. Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs,janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. Section 12.22 Changes to Equipment List. All items of equipment purchased with funds under this Contract shall be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to purchase of equipment. Contractor shall submit to the Division Contract Management Unit assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate. Section 12.23 Property Inventory and Protection of Assets. Contractor shall maintain a nonexpendable personal property(equipment and controlled assets) inventory and submit an annual cumulative report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347 Austin, Texas 78714-9347, no later than October 15th of each year. The form for this report(Form GC-11) is located on the DSHS website at http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall administer a program of General Provisions (Core Subrecipient 2009) 6/5/08 Page 23 of 38 maintenance, repair, and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 12.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title shall revert to Department. Section 12.25 Title to Property. At the conclusion of the contractual relationship between the Department and the Contractor, for any reason,title to any remaining equipment and supplies purchased with fluids under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law,transfer the reversionary interest to such property to Contractor. Section 12.26 Property Acquisitions. Department funds may not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 12.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's(AHA's) "Estimated Useful Lives of Depreciable Hospital Assets"in disposing,at any time during or after the Contract term, of equipment or controlled assets purchased with the Department funds, except when federal or state statutory requirements supersedes or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment or controlled asset is equal to or greater than$10,000. All other equipment and controlled assets not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $10,000)shall be controlled by the requirements of UGMS. If,prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $10,000, Contractor shall request disposition approval and instructions in writing from the Division Contract Management Unit assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor must ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 12.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed (Closeout), Contractor shall submit to the Division Contract Management Unit assigned to the Program Attachment, an inventory of property purchased with Department funds and request disposition instructions for such property. All property purchased with Department funds shall be secured by the Contractor at the time of Closeout and shall be returned to the Department as required by the Department's disposition instructions or at the request of the Department at the Contractor's expense. Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber property purchased with Department funds without prior written approval from the Department. General Provisions (Core Subrecipient 2009) 6/5/08 Page 24 of 38 ARTICLE XIII GENERAL TERMS Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. Section 13.02 Lobbying. Contractor shall comply with Tex. Gov Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract to pay any person for influencing or attempting to influence an officer or employee of any federal or state 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 contract or the extension, continuation,renewal, amendment, or modification of any contract(31 USCA § 1352, as amended, and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the Division Contract Management Unit assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the Division Contract Management Unit assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25; A-87 Attachment B section 27; A-110 section—.27 and A-21 paragraphs 17 and 24. Contractor shall include this provision in any subcontracts. Section 13.03 Conflict of Interest. Contractor represents to the Department that it does not have nor shall it knowingly acquire any financial or other interest that would conflict in any manner with the performance of its obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor, its principal (or a member of the principal's immediate family), or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. Contractor shall submit to the Division Contract Management Unit assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to the Contractor and the work the related party will perform under this Contract. A related General Provisions (Core Subrecipient 2009) 6/5/08 Page 25 of 38 party is a person or entity related to the Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. The Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of the Contractor. Contractor shall comply with Tex. Gov. Code Chapter 57'). Contractor shall maintain records and supply any additional information requested by the Department,regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS. Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property"means created property that may be protected under copyright,patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is"work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law,vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights,title and interest therein to DSHS. DSHS shall have the right to obtain and hold in its name any and all patents, copyright, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor must give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish, or otherwise use, and to authorize others to use, for federal government purposes (1)the copyright in any intellectual property developed under this Contract, including any subcontract; and(2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect that"This publication was made possible by grant number from federal awarding agency)" or"The project described was supported by grant number from (federal awarding_agency)"and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding ag_ency)." d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS,public health, and state governmental noncommercial purposes (1)the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process,machine,manufacture, or composition of matter;products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) General Provisions (Core Subrecipient 2009) 6/5/08 Page 26 of 38 any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, the Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the Division Contract Management Unit assigned to the Program Attaclunent. Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and the Contractor, for any reason, Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, etc. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the other Party in writing) or, if sent by certified mail, on the date of receipt. Section 13.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 13.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and shall not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by this document, and are capable of understanding the terminology and meaning of its terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason shall not release either Party from any liabilities or obligations set forth in this Contract that(a)the Parties have expressly agreed shall survive any such termination or expiration, or(b) remain to be performed or(c) by their nature would be intended to be applicable following any such termination or expiration. Section 13.13 Direct Operation. The Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the General Provisions (Core Subrecipient 2009) 6/5/08 Page 27 of 38 program by Contractor puts at risk the health and safety of clients and/or participants served by the Contractor, and there are no reasonable alternatives available. Section 13.14 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys. Section 13.15 Amendment. Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request,to the Division Contract Management Unit assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS shall not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS may not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this section. Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document,if any; c) cumulative budget line item transfers that exceed 10% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than $100,000, provided that the total budget amount is unchanged; d) minor corrections or clarifications to the Contract language that in no way alter the Contract scope of work, objectives or performance measures; and e) a change in the Contractor's share of the budget concerning non-DSHS funding other than program income and match,regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten days shall notify in writing the Division Contract Management Unit assigned to the Program Attachment of any change enumerated in this section. The notification may be by letter, fax or email. Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by the Contractor, but must be approved by DSHS. The following changes to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: General Provisions(Core Subrecipient 2009) 6/5/08 Page 28 of 38 a) cumulative budget line item transfers among direct cost categories, other than the equipment category, that exceed 10% of Program Attachments of$100,000 or more, provided that the total budget amount is unchanged; b) line item transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget, (For example,purchase of XYZ brand computer instead of approved ABC brand computer with essentially identical features as the XYZ computer); e) changes in the equipment category of a previously approved equipment budget (other than acquisition of additional equipment, which requires an amendment to this Contract); f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees); and g) changes to community sites, independent school districts or schools, in substance abuse Program Attachments. In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the Division Contract Management Unit assigned to the Program Attachment. Any approved revision will not be effective unless signed by the DSHS Director of Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision under this section. Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department,the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors,joint venture participants or agents under this Contract. Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either Party's rights under this Contract. Section 13.21 Technology Accessibility. If performance under this Contract includes the development, modification or maintenance of a website or other electronic information resources for General Provisions(Core Subrecipient 2009) 6/5/08 Page 29 of 38 �I DSHS or for the public on behalf of DSHS, Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of electronic information resources unless those resources meet certain statutory and regulatory requirements relating to accessibility by persons with visual, hearing,motor/physical, and cognitive learning disabilities as defined by Section 508 of the Rehabilitation Act of 1973, as amended. Accordingly, Contractor represents and warrants to DSHS that the electronic information resources provided by Contractor to DSHS for purchase are capable, either by virtue of features included within the technology or because they are readily adaptable by use with other technology, of- a) providing equivalent access for effective use; b) presenting information, including prompts used for interactive communications; and c) being integrated into networks for obtaining, retrieving, and disseminating information. For purposes of this section,the phrase"equivalent access"means a substantially similar ability to communicate with or make use of the electronic information resource, either directly by features incorporated within the technology or by other reasonable means jointly agreed to by DSHS and Contractor, such as assistive devices or services that would constitute reasonable accommodations under the federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access might be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, information retrieval provided in an enhanced auditory fashion, voice commands,touch screen capacity, and customizable display appearance. Electronic information resources under this Contract must comply with 1 Tex. Admin. Code Chapters 206 and 213, as applicable. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON- COMPLIANCE Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the Department or agreed order issued by the Department; e) failure by Contractor to provide a full accounting of funds expended under this Contract; f) discovery of a material misrepresentation in any aspect of Contractor's response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in the Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS). Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies set forth below are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of General Provisions(Core Subrecipient 2009) 6/5/08 Page 30 of 38 services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions listed below does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If the Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations,the Department may take one or more of the actions listed below: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty-one (3 1) calendar days before the effective date of the termination in a notice of termination. The notice of termination will state the effective date of the termination,the reasons for the termination, and, if applicable, alert the Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. The Contractor agrees that it shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is, depending on the context, either(1)the temporary withdrawal of Contractor's authority to obligate funds pending corrective action by Contractor or its subcontractor(s) or pending a decision to terminate or amend this Contract, or(2) an action taken by a suspending official in accordance with Department rules to immediately exclude a person from participating in contract transactions for a period of time, pending completion of an investigation and such legal or debarment proceedings as may ensue. Contractor may not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts or renewals with Contractor; d) reduce funding if the Contractor fails to provide services or goods consistent with performance expectations described in this Contract; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred,pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for (1)unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract provisions; or(3) indebtedness to the United States or to the State of Texas; General Provisions(Core Subrecipient 2009) 6/5/08 Page 31 of 38 h) declare this Contract void upon the Department's determination that this Contract was obtained fraudulently or upon the Department's determination that this Contract was illegal or invalid from this Contract's inception and demand repayment of any funds paid under this Contract; i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; j) delay execution of a new contract or contract renewal with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6)months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely be accomplished; 1) require Contractor to obtain technical or managerial assistance; m) establish additional prior approvals for expenditure of funds by Contractor; n) require additional or more detailed, financial and/or programmatic reports to be submitted by Contractor; o) demand repayment from Contractor when it is verified that the Contractor has been overpaid, e.g., because of disallowed costs,payments not supported by proper documentation, improper billing or accounting practices, or failure to comply with Contract terms; p) reduce the funding amount for failure to achieve or maintain the proposed level of service,to expend funds appropriately and at a rate that will make full use of the award, or to provide services or to achieve local match, if required; q) pursue a claim for damages as a result of breach of contract; r) require removal of any officer, board member or employee of the Contractor who has been convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; s) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, or any penalty permitted by statute and imposed by DSHS, and take repayment from funds available under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations; t) reduce the Contract term; u) recoup improper payments when it is verified that the Contractor has been overpaid, e.g., because of disallowed costs,payments not supported by proper documentation, improper billing or accounting practices or failure to comply with Contract terms; v) assess liquidated damages; or w) impose other remedies or penalties permitted by statute. Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them,the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting General Provisions (Core Subrecipient 2009) 6/5/08 Page 32 of 38 reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response shall state how Contractor shall correct the noncompliance or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall take corrective action. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor. Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An"emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the public or client health, welfare or safety. The direct adverse impact may be programmatic or financial and may include failing to provide services,providing inadequate services, providing unnecessary services, or utilizing resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT Section 15.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 1.431-1.447 shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. General Provisions(Core Subrecipient 2009) 6/5/08 Page 33 of 38 Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. &Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract shall be considered a waiver of sovereign immunity to suit. Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. ARTICLE XVI TERMINATION Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's service obligations set forth in each Program Attachment shall end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause as set forth below. Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or other entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information shall survive this Contract. Section 16.03 Acts Not Constituting Termination. Termination does not include: (1)withdrawal of funds awarded on the basis of the Contractor's underestimate of the unobligated balance in a prior period; (2)withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3)refusal to extend a Program Attachment or award additional funds to make a General Provisions(Core Subrecipient 2009) 6/5/08 Page 34 of 38 competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 16.04 Termination Without Cause. a) Either Party may terminate this Contractor a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor must give the Department at least ninety(90) calendar days prior written notice and must submit a transition plan to ensure client services are not disrupted. b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) Either Party may terminate this Contract or a Program Attachment with at least thirty (30) calendar days prior written notice to the other Party in the event funds become unavailable through lack of appropriations, budget cuts,transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 16.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty(30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty(30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) a court of competent jurisdiction finds that Contractor has failed to adhere to any laws, ordinances, rules,regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity(e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments; 2) Contractor makes an assignment for the benefit of its creditors; General Provisions (Core Subrecipient 2009) 6/5/08 Page 35 of 38 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of$50,000 (that is not covered by insurance) is rendered by any court or governmental body against Contractor, and Contractor does not (a) discharge the judgment or (b)provide for its discharge in accordance with its terms, or(c)procure a stay of execution within thirty(3)0) calendar days from the date of entry of the judgment, and within the thirty(30)-day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment and cause the execution to be stayed during such appeal while providing such reserves for the judgment as may be required under generally accepted accounting principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty(30) calendar days after its entry; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency,readjustment of debt, dissolution,receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge thereof; 9) a petition is filed against Contractor under any state reorganization, arrangement, insolvency,readjustment of debt, dissolution,receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within thirty(30) calendar days; 10)Contractor consents to the appointment of a receiver,trustee, or liquidator of Contractor or of all or any part of its property; or h) Contractor's management system does not meet the UGMS management standards. Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 17.01 Void Contracts. Department may hold this Contract void upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, suspended, or General Provisions(Core Subrecipient 2009) 6/5/08 Page 36 of 38 terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or renewals until the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to refund. Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment and shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or other entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non-renewal, the Contractor agrees to immediately begin to transition recipients of services to alternative service providers, as needed. Contractor also agrees to completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non-renewal notice. Contractor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration or non-renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 18.02 Administrative Offset. The Department shall have the right to administratively offset amounts owed by Contractor against billings. Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within sixty(60) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within sixty(60) calendar days after the Contract or Program Attachment end date. Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount to which the Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due. Contractor shall pay any refund amount due within the time period established by the Department. Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or the Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. Section 18.06 Contract Reconciliation. If Contractor is required to annually reconcile multi-year contracts, Contractor, within sixty (60) calendar days after the end of each year of this Contract, shall General Provisions (Core Subrecipient 2009) 6/5/08 Page 37 of 38 submit to the Division Contract Management Unit assigned to the Program Attachment all financial and reconciliation reports required by Department in forms as determined by Department. Required reconciliation forms and reports may include the following: Cash Match Participation Form, In-kind Match Participation Form, Program Income Report, Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, and Reconciliation Refund Remittance Form. Any additional forms or reports required by Department shall be posted on the DSHS website prior to the reconciliation period. Unless otherwise directed by Department, all forms and reports must be submitted in hard copies, with original signatures if required, to DSHS by the due date. General Provisions(Core Subrecipient 2009) 6/5/08 Page 38 of 38 CONTRACT NO. 2009-030387 PROGRAM ATTACHMENT NO.001 PURCHASE ORDER NO. 0000344292 CONTRACTOR: CITY OF BEAUMONT DSHS PROGRAM: EMS - LOCAL PROJECTS TERM: 10/01/2008 THRU 08/31/2009 SECTION I. STATEMENT OF WORK: Contractor shall conduct Emergency Medical Services (EMS) program activities to develop, upgrade, or expand emergency medical services systems. All activities shall be performed in accordance with DSHS's Request for Proposal (RFP), EMS/LPG-0278.1 issued on April 1, 2008, and Contractor's application plan as agreed to and approved by DSHS. These documents are hereby adopted and incorporated by reference herein as part of this Program Attachment. SECTION II. PERFORMANCE MEASURES: Contractor's performance will be measured in part on the achievement of the following activities and performance measures. Contractor shall perform the following activities and provide documentation to DSHS in the manner p g P and timeframes specified by Program. 1. Conduct Emergency Medical Services (EMS) program activities to develop, upgrade, or expand emergency medical services by completing the projects and/or acquiring items as stated in the contractor's application plan as agreed to and approved by DSHS in Exhibit A. SECTION III. SOLICITATION DOCUMENT: Competitive RFP#EMS/LPG-0278.1 for EMS Local Project Grant FY 09 issued on April 1, 2008 SECTION IV. RENEWALS: N/A SECTION V. PAYMENT METHOD: Cost Reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor may claim reimbursement for approved equipment item(s)by attaching invoice(s) for the item(s)ordered along with the purchase voucher(Form B-13), at any time within the Program Attachment term.All items claimed for reimbursement shall be procured within the PROGRAM ATTACHMENT—Page 1 Program Attachment term. The Contractor shall submit paid invoices for reimbursement no later than 30 days after the Program Attachment term. Contractor shall also forward proof of payment (e.g., copy of canceled check or a paid invoice with a zero balance) and a copy of the shipping invoice showing the delivery date of any item(s) that were claimed for reimbursement by this method. Invoices and all supporting documentation shall be submitted to the address below. Department of State Health Services Office of EMS and Trauma Systems Coordination Attn: Contract Manager P.O. Box 149347 MC: 1876 Austin, Texas 78714-9347 SECTION VII. SPECIAL PROVISIONS: For the purposes of this Program Attachment, and as specified in the RFP, Disposable supplies, Personnel,Fringe Benefits,Land Purchases,Buildings,Day-to-day Operating Expenses(e.g.,Fuel, Insurance, Loan Payments, Rent, etc) and Indirect Costs are not allowable costs. If the total costs of the project are greater than the DSHS amount of funding as contained within SECTION VIII. BUDGET, Contractor shall obtain funds for the remaining costs in order to accomplish project activities agreed upon herein. DSHS may withhold or deny payment in accordance with the General Provisions if project requirements are not accomplished or sufficiently documented. General Provisions, Compliance and Reporting Article,Reporting Sections are not applicable to this Program Attachment. General Provisions,Services Article,Education to Persons in Residential Facilities,Consent to Medical Care, and Telemedicine Medical Services through Cost Effective Purchasing of Medications Sections are not applicable to this Program Attachment. General Provisions,Funding Article,Use for Match Prohibited Section are not applicable to this Program Attachment. General Provisions,Payment Methods and Restrictions Article,Financial Status Reports(FSRs) Section is not applicable to this Program Attachment. General Provisions, Confidentiality Article, Exchange of Client-Identifying Information, Security of Patient or Client Records,and HIV/AIDS Model Workplace Guidelines Sections are not applicable to this Program Attachment. General Provisions,Notice Requirements Article,Child Abuse Reporting Requirement Section is PROGRAM ATTACHMENT—Page 2 not applicable to this Program Attachment. General Provisions,General Business Operations of Contractor Article,Insurance and Bonding, Cost Allocation Plan through Historically Underutilized Businesses (HUBs), Contracts with Subrecipient Subcontractors through Incorporation of Terms,and Equipment and Controlled Assets Purchases through Assets as Collateral Prohibited Sections are not applicable to this Program Attachment. SECTION VIII. BUDGET SOURCE OF FUNDS: State Total reimbursements will not exceed$19,410.00. The items and/or projects being funded are specified in Exhibit A,which is attached hereto and made a part hereof. PROGRAM ATTACHMENT—Page 3 Exhibit A Texas Department of State Health Services 2009 EMS Local Projects Grant Awards Name of Organization: Beaumont Public Health/EMS, City of Total Award: $19,410 Approved Project(s)- (Quantity, Item, Award Amount per Item): (5) Power Stretchers $2,000; (12) EZ-10 Sets $500; (6) Backboards $200; (3) Pedi Immobilization Boards $270; (2) Stair Chairs $700 Utilizing your 2009 Local Projects Grant Award • The attached contract details your obligations for this grant. • Any cost incurred prior to the start date listed in the contract will not be reimbursed. • In all cases where matching funds are required, reimbursement from DSHS will not exceed the award amount or half of the cost of the item, which ever is less. • Requesting reimbursement: - All awardees must submit invoice(s) which list the item(s) and price(s), dated within the contract period. - All awardees must submit copies of paid receipts or cancelled checks. - Awardees of education/training funds must also submit copies of course completion certificates of students. - All awardees must fax reimbursement documents to 512/834-6611 OR mail to: Texas Department of State Health Services Office of EMS and Trauma Systems Coordination MC 1876 Attn: Contract Manager P.O. Box 149347 Austin, TX 78714-9347 • DSHS retains the right to refuse reimbursement for requests deemed erred ina pP P ro riate. 2009-030387-001 Categorical Budget: PERSONNEL $0.00_' FRINGE BENEFITS $0.00 TRAVEL $0.00 EQUIPMENT $0.00 SUPPLIES $19,410.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $19,410.00 INDIRECT"CHARGES TOTAL $19,410.00 3SHa SHARE,' $19;41€}.00 CONTRACTOR SHARE $0.00 OT ER MATCH" $0 00 Total reimbursements will not exceed $19,410.00 D RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director At MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with g p ty temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Ike disaster. BACKGROUND Workforce Solutions of Southeast Texas announced that it had secured a grant to pay wages for non full-time employees working in our recovery effort. The grant is provided by the National Emergency Grant(NEG)program to employ temporary workers to help with Hurricane Ike clean up,restoration and humanitarian efforts. The NEG program consists of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Work Site Employer is given job functions to perform under the guidance and supervision of the Work Site Employer. The Workforce Solutions of Southeast Texas has contracted with Advanced Staffing to serve as a third party employer and all workers paid through this program must register with and be paid by Advanced Staffing. City departments have identified the need for approximately 29 temporary workers. The NEG grant program ends no later than March 31, 2009, unless otherwise noted. This program will serve as another recruiting source for full-time employees for the City. BUDGETARY IMPACT None. NATIONAL EMERGENCY GRANT (NEG) Contract# Temporary Disaster Relief Jobs Pro NEG-09-100- WORKFORCE SOLUTIONS Worksite� Program Worksite Employer is: SOUTHEAST TEXAS Worksite Agreement ( ) Public Non Profit ( ) Private Non-Profit ( ) Governmental O- N V is= AGENCY NAME City Of Beaumont Beaumont Workforce Solution PHYSICAL ADDRESS 801 Main Street 304 Pearl Street CITY,STATE,ZIP Beaumont, TX 77701 Beaumont, TX 77701 MAILING ADDRESS PO Box 3827 304 Pearl Street CITY,STATE,ZIP Beaumont, TX 77704 Beaumont, TX 77701 TELEPHONE NUMBER 409 880-3124 409-839-8045 ALT. PHONE NUMBER 409 880-3104 FAX NUMBER 409 880-3108 409-832-4769 CONTACT PERSON Walterine Brown Alexis Smith Ibabino(cDci.beaumont.tx.us EMAIL ADDRESS wabrown ci.beaumont.tx.us alexis.smith@setworks.org This worksite agreement may begin upon the date of execution and/or date of mandatory evacuation with a projected end date of March 31, 2009. The worksite employer agrees to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act(W/A) Title I National Emergency Grant(NEG) covered under Federal Disaster Declaration FEMA. Program Overview This NEG program shall consist of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Solutions of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Solutions of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and/or disaster. Workforce Solutions of Southeast Texas will contract with a Professional Employer Organization to provide the direct services and will be the employer-of-record for temporary worksite employees for the National Emergency Grant. Form NEG 001 Page 1 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1-Amended To be in compliance with State and Federal Regulations each party involved must adhere to this agreement which lists the terms, conditions, roles and responsibilities. The Agency/Worksite Employer signature attests that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of Southeast Texas and Professional Employer Organization Roles and Responsibilities). Limitations on Participation The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment under this National Emergency Grant must end no later than March 31, 2009 unless otherwise noted. These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and Employer of Record. Furthermore, the Worksite Employer must ensure that NEG participants'wages are based on the prevailing rate of pay for individuals employed in similar occupations by said employer. In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be documented on the NEG Worksite Employer/Employee Agreement(NEG 002). Temporary employment under the NEG is considered employment for the purpose of reporting wages for Unemployment Insurance(UI)or Disaster Unemployment Assistance (DUA) benefits. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of an claims, damages, losses or expenses Y of an character whatsoever resulting in whole Y hole or in art from 9 p the negligent performance or P omission of either party's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Termination This Agreement may be terminated as follows: A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten (10) calendar days prior written notice to the other party. B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment, determine that. 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Solutions of Southeast Texas; or Form NEG 001 Page 2 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1—Amended 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Notice Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities • Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee) • Employers • Employees • Employer of Record Responsibilities of Workforce Solutions of Southeast Texas Workforce Solutions of Southeast Texas accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitorina The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or any of its agents and/or subcontractors, and the US Department of Labor (DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Responsibilities of the Worksite Emolover The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on-site supervision of participants. Form NEG 001 Page 3 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants'conformance with the Worksite Employer's Personnel Rules of Conduct. E. Provide orientation and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Solutions of Southeast Texas representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. I. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. O. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Solutions of Southeast Texas. Form Page 4 of 5 WFSSET Original—Workforce Center ET(10/0/08)( g Copy—Employer Directive 08-32 Attachment 1—Amended V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal funds. Implement administrative controls to ensure that costs for wages and other costs that the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. W. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three(3)years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets,supervisor assignments, this Agreement, etc. X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster-related work activities. The Worksite Employer shall notify Workforce Solutions of Southeast Texas of any changes to the required work hours,job description, and/or if the disaster recovery work has been completed and the job needs to be ended. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name Workforce Solutions of Southeast Texas Signature Authority Signature Authority Print Name Print Name Form NEG 001 Page 5 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended Title Title Date Date Form NEG 001 Page 6 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended 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 with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers for the purpose of cleanup, restoration and humanitarian efforts made necessary as a direct result of recovery efforts associated with Hurricane Ike. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - E RICH WITH OPPORTUNITY [1EA,1114011 T • E , x , A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CS3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council approve a resolution authorizing the reallocation of. $40,500 from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget in order to fund Experience Corps of Southeast Texas. RECOMMENDATION Administration recommends the reallocation of these funds to support Experience Corps of Southeast Texas. BACKGROUND On September 9, 2008, Ms. Stephanie Lartigue, Executive Director of Experience Corps of Southeast Texas,requested assistance from the City Council to fund this program. Council heard the presentation describing the intergenerational tutoring program that utilizes the time,talents and patience of senior citizens to help school-age students. The program has been operating in the Port Arthur School District since 1995 and is now looking to expand into the Beaumont School District. Individual tutoring is provided to students who have been identified by their teachers as the lowest performing students or students at risk of failure. These awarded funds will be used to pay salaries and purchase equipment and supplies for the program, targeting children from low-to-moderate income families who attend six Beaumont Elementary Schools. BUDGETARYIMPACT The 2008 Community Development Block Grant Program will be amended to reflect a$40,500 decrease in the Clearance and Demolition Line Item and an increase to the Public Services Line by the same amount. EXPERIENCE CORPS`° ,, o FaSCe c ���,O•,r_7x. 7710 ^ Phone[0091 A"-Hhf Ems.M5-fax M-"MX A Division of the South East Texas Regional Planning C'.nmRtLQSInn July 2-3, 2008 Mr. Kyle Haynes, Enclosed is the agreement for services to be provided by Experience Corps South Fast Texas for the recruitment, training and placement of 18 volunteer members for the 2008-2009 school year. (Please sign and return in the self addressed envelope provided.) Your total agreement amount of$40,301.50 is in three installments of$13,433.83. An invoice will be mailed on August 31, 2008 /December 31, 2008 /and May 31, 2009. Please make payments payable to Experience Corps SE Texas. Again, thank you for your commitment and support. We are looking forward to a successful and exciting school year with Experience Corps and the City of Beaumont. Sincerely ,Slop ,!"izrti�ue.%aeasG3ar� � . . Program Director Experience Corps SE Texas Office (409) 899-8444 ext. 315 Cell (409) 351-6890 spearson ®,setrpc.org Experience Corps SE Texas 2008-2009 District Cost for Beaumont Category / Budget Per Per Use of Funds Total Beaumont School Volunteer # of Volunteers 64 18 6 1 1. Sal $58,293 $169112 $2,685 $895 2. Fringe Benefits $269465 $7,379 $19230 $410. 3. Indirect $199748 $59403 $900 $300 4. Supplies $1 ,920 $ 540 $90 $30 5. Volunteer Tminin $1 , 000 $500 $83 $27 6. Local travel $21 ,041 $6,355 $1 ,059 $353 7. Space $7,146 $3,573 $595 $198 8. Other(equipment) $500 $500 $84 $28 9. Volunteer Incentives $1191680 $33,660 $59610 $1 ,870 10.Team Leader Incentives $7,830 $39240 $540 $180 11.ParentalInvolvement $1 ,000 $500 $84 $27 12. Uniforms $405 $405 $67 $23 13.Recruitment/advertisement $500 $500 $83 $28 14. Volunteer Insurance $485 $136 $23 $8 15. Recognition $9,600 $19800 $300 $100 16. Long Distance Travel $39000 --------- ---- ---- TOTALS $2789613 $80,603 $139433 $4,457 EXPERIENCE CORPS` South East Texas BUDGET NARRATIVE 2008-2009 (based on 18 BISD members sharing cost with 46 PAISD members) 1. Salary: Program Director and coordinator. The amount for the Program Director does not reflect release time. The Program Director is full time. The coordinator is part time. Cost of release time, which is calculated at 15.1% of gross payroll, is included under Fringe Benefits. Program Director is responsible for all areas of the program including recruitment, training,monitoring, securing of funds, program goals and reporting. The coordinator is responsible for data entry, record keeping and evaluations, which includes managing office necessities. Beaumont cost$16,112 2. Be nefits: The South East Texas Regional Planning Commission's fringe benefit program includes annual leave, medical, dental, disability, term life and workmen's compensation insurance; and a retirement program. The South East Texas Regional Planning Commission does not participate in Social Security coverage and is a reimbursing,rather than an insured, employer in unemployment compensation. The planning Commission has a current fringe benefit allocation rate of 45.4%. Benefits are allocated to chargeable salaries at this rate rather than at actual cost. Total cost is $ Beaumont cost $7,379 3. Indirect Program/Operating Site: Indirect is computed at 23.3%of the cost of the total personnel expenses. Indirect costs will cover,postage, telephone/fax expenses, audit, fiscal and administrative support. Beaumont cost $5,403 4. Su lies: Each member will have a$30 supply allowance for the year, which includes material needed for individualized tutoring sessions (paper,pencils, worksheets, books, learning games, posters etc...) Beaumont cost $540 5. Volunteer training — binders, folders, copy papers, handouts and refreshments for trainings and in service. Beaumont cost $500 I 6. Local Travel- each member receives $35 travel reimbursement per month for 8 months (Sept. April) and$17.50 for half the month of May = $13,685. Program director and coordinator receives mileage reimbursement at .505 per mile at approximately$2,000 per year. Beaumont cost $6,355 7. S ace - office space at SETRPC is $7,146 per year. Beaumont cost $3,573 8. Eauiument office machinery and yearly maintenance Beaumont cost $500 9. Volunteer Incentives-each(18)member that completes assigned hours will receive $220 per month for 8 months and$110 for 1 month= Beaumont cost $33,660 10. Team leader incentive-each of the 6 schools will have one team leader ($60 per month)for 9 months. Beaumont cost $3,240 11. Parental Involvement Activities- The 8 elementary schools will host three parental involvement activities:Flyers and advertisements will be sent home with students and information given at each event. Open House (continental breakfast served) and Show and "Tale" (refreshments served and books given to the students) Summer Reading Packages (envelope packages, calendar of activities, book reading list and worksheets) Beaumont cost $500 12. UniformS-Each new volunteers will receive a green Experience Corps vest$18.00 with logo imprinted on the back and a nametag $4.50. All members will be given identical paraphernalia for identification purposes and recruitment purposes. Beaumont cost $405 13. Advertisement/recruitment advertisement flyers, and handouts for expansion and informational purposes. Beaumont cost $500 14. Volunteer Insurance — Accident insurance $3.75 per person, personal liability$1.72, ($5.47 per 46 members)VIS membership fee $135.00. Beaumont cost $136.00 I 15.Recognition —This amount includes year end appreciation luncheon and gifts/tokens of appreciation. Each member price at$150.00 per year. Beaumont cost $1,800 16.Long Distance Travel . Program Director and or program staff attend yearly national conference for training and networking purposes. Beaumont cost $0 Beaumont Cost 80 603.00 TOTAL BUDGET , 278 613.00 i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe City Council hereby approves the reallocation of$40,500 from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget to fund and support Experience Corps of Southeast Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,[114011T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property along Old Dowlen Road. BACKGROUND The City of Beaumont is planning improvements to Old Dowlen Road from State Highway 105 to Dowlen Road. The 3.5176 acres tract is for the purpose of locating, constructing and maintaining a drainage right-of-way for the Old Dowlen Road Project. Weston Trails Property, Ltd., owner of the property listed below, has agreed to convey their property to the City for the negotiated value: 3.5176 acres tract out of Tract 1-H-1, City Plat RS-4, W. B. Dyches Survey [Old Dowlen Road] Negotiated Value: $300,000 BUDGETARY IMPACT Funds are available in the Capital Program. engold-dow len_martin-ib.wpd 29 October 2008 RESOLUTION NO. WHEREAS, an agreement has been negotiated in the amount of$300,000 for the acquisition of land located along Old Dowlen Road, being a 3.5176 acre tract out of Tract 1-H- 1, City Plat RS-4,W. B. Dyches Survey[Old Dowlen Road], Beaumont,Texas,as described in Exhibit "A" and shown on Exhibit "B" attached hereto, for the purpose of locating, constructing and maintaining a drainage right-of-way for the Old Dowlen Road Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following land, as described in Exhibit"A"and shown on Exhibit"B" attached hereto,for the purpose of locating, constructing and maintaining a drainage right-of- way for the Old Dowlen Road Project, be and the same is hereby, approved: 3.5176 acres tract out of Tract 1-H-1, City Plat RS-4, W. B. Dyches Survey [Old Dowlen Road] Negotiated Value: $300,000 Owner: Weston Trails Property, Ltd. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 3.5176 Acre Tract W. B. Dyches Survey, Abstract No. 17 Beaumont, Jefferson County, Texas i BEING a 3.5176 acre tract of land situated in the W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of the remainder of that certain called 118.598 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Weston Trails Property, Ltd. as recorded in Clerk's File No. 1999023143, Official Public Records of Real Property, Jefferson County, Texas, said 3.5176 acre tract being more particularly described as follows: NOTE: All bearings are based on that certain called 15.02 acre tract of land as , recorded in Clerk's File No. 2004032108, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 86°5759" WEST. All set 518" iron rods set with a cap stamped "M. W. Whiteley &Associates". BEGINNING at an iron rod with a cap found for the Southeast corner of the tract of land herein described, said corner also being the Northeast corner of that certain called 15.02 acre tract, I identified as TRACT II as described in a "Special Warranty Deed" from Weston Trails Property, Ltd. to Lynch Texas Pointe, LLC as recorded in Clerk's File No. 2004032108, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the West right-of- way line of Old Dowlen Road; THENCE SOUTH 86 057'59" WEST, for the boundary between the tract herein described and the said 15.02 acre Lynch Texas Pointe, LLC tract, the same being the South line of the remainder of the said 118.598 acre Weston Trails Property, Ltd. tract, for a distance of 1458.44 feet to an iron rod with a cap found for corner, said corner being the Northwest corner of the said 15.02 acre Lynch Texas Pointe, LLC tract and also being in the East line of that certain called 294.8436 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 1 2002000092, Official Public Records of Real Property, Jefferson County, Texas, the same being the East line of that certain called 7.57 acre easement, identified as Tract 2-C, also known as Ditch 123-A, as described in a deed from Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 04°05'21" WEST, for the boundary between the remainder of the said I 118.598 acre Weston Trails Property, Ltd. tract and the said 294.8436 acre Northwest Beaumont Development, Ltd. tract, for a distance of 105.02 feet to a 5/8" iron rod set for corner; THENCE NORTH 86 057'59" EAST, parallel and 105.00 feet perpendicular to the North line of ; the said 15.02 acre Lynch Texas Pointe, LLC tract, for a distance of 1460.14 feet to a 5/8" iron rod set for corner, said comer being in the East line of the remainder of the said 118.598 acre j Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road; i EXHIBIT "A" j Page 1 of 2 ' ,VARK W. WHITELEY AND ASSOCIATES,INC. a THENCE SOUTH 03 009'50" EAST, along and with the East line of the remainder of the said 118.598 acre Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road, for a distance of 105.00 feet to the POINT OF BEGINNING and containing 3.5176 ACRES, more or less. i Surveyed on January 30, 2008 and revised July 31, 2008. This leg al description is being submitted along with a plat based on this survey (see EXHIBIT "B"). THOMA �S. N� Vi --��� ............................ 5728 Thomas S. Rowe RPLS No. 5728 -7, •:� W:2007 07-I Si 07-13imBc6.doc �- t I� I i I I i I I I 1 1 EXHIBIT "A" Page 2 of 2 MARK W. WHITELEY AND ASSOCIATES,INC. ------------- - I \� 70" WIDE DO6 DRAINAGE EASEMENT CALLED 2.418 ACRES, TRACT 2-1 W ¢ CF. NO. 98-9809840 W ¢ '� OPRJC oto o FND 314" ----------------------------------------- ----------------------- -- - W U Qj 1 L ROD O W 1 -)�--Z O Q o U Z N o a O n DYCHSU W.B. 17 CALLED 0.703 ACRES N STACT • G.S.U. SUBSTATION 0 o z AR VOL. 1651, PG. 451 lV DRJC V W (Z to Ln REMAINDER OF CALLED 118.598 ACRES FND GSU V CONC. MOON. "' ° WESTON TRAILS PROPERTY, LTD. 3 o CF. NO. 1999023143 OPRJC N 4 f o o FND S03'09'50 E 193.82' 5 Jo s1rROD FND N86 057'59"E 1460.14' (z Z) p iVLZ o mmuj o� I` SET 5 8 q m� Oct a FND 1. ROD FND 3.5176 ACRES 1. ROD o JO z WITH CAP o �4, FND S86°57'59"W 1458.44' Z FND N04'OS�21"W 98.66' [CALL S86'57"59"W 1458.37') a i (CALL N04'0 06"W 98.73) REFERENCE BEARING PER CF. NO. 2004032108, OPRJC FND 1. ROD FND 1. O O BENT CALLED 15.02 ACRES WITH CAP N o OD6 DISK q (BENT) TRACT 11 o N LYNCH TEXAS POINTE, LLC. q 300.00 ACRES rn rn TRACT 1 CF. NO. 2004032108 vv a JEFFERSON COUNTY DRAANAGE OPRJC -u w O DISTRICT NO. 6 NOTE 0 0 FC. NO. 104-01-0353 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING o O OPRJC OWNERSHIP OR TITLE LINE BEARING DISTANCE 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL V) JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION p-� L1 N 04'05'21" W 105.02' AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE L L2 S 03'09'50" E 105.00' WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFE55IONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. B FND 1. ROD EXHIBIT TO THE OWNERS OF THE REMISES SURVEYED WITH CAP AS OF THE DATE OF THE SURVEY. REFER TO EXHIBIT "A" FOR FIELD NOTE DESCRIPTION &REVISED NORTH LINE OF TRACT OF LAND 1, THOMAS S. ROWE DO HEREBY CERTIFY THA7 THIS SURVEY WAS THIS DAY CLENr: MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED CITY OF BEAUMONT HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND .A. THE TIME on eV: coo : s)�fEr wo.: OF THE SURVEY. '.''� . Acw 2008 1 1 of 1 0 F j,:` w: 2007 Or-)es 3.5176 ACRE TRACT DATE SURVEYED: JANUARY 30, 2008 ti'r•••.� 07-185 07-185.DWG 1 '' W.B. DYCHES SURVEY, REVISED: JULY 31, 2008 +ARK . WHITELEY' `:�' � ABSTRACT N0. 17 D ASSOCIATES BEAUMONT, JEFFERSON ..... . ...I. S.P_iOIIV� [NCOftPORATED�F,�-y78• ••;`�:4� TING ENGINEERS. COUNTY TEXAS ORS, AND PLANNERS P.THOMAS S. ROWS - REGISTERED PROFESS ON `-J�,Afyp-'3U 3 t 6fT No. 5728 suuwo!x.°roue arr2a_54n eu woxrr"'m`ious"`rri,� 400 892-0421 (rAX) 400-eat-1348 I G RICH WITH OPPORTUNITY IIIL7A,[11�ICIIIT T • E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: November 4, 2008 REQUESTED QU STED ACTION: Consider a resolution authorizin g the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al to resolve the legal issues arising out of the April 24, 2008, Grade I1 examination. BACKGROUND Council discussed this lawsuit in Executive Sessions held on July 15, 2008, and October 21, 2008. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al was discussed in Executive Sessions properly called and held on Tuesday, July 15, 2008, and October 21, 2008; and WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the above-referenced lawsuit to resolve the legal issues arising out of the April 24, 2008, Grade II examination. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute the necessary agreements in settlement of said lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r T • E X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider authorizing the purchase of a drainage easement. RECOMMENDATION The Administration recommends authorizing the purchase of a permanent drainage easement as part of the Calder Avenue Drainage Project. BACKGROUND JPE, LTD., through its president, Joe Penland, Jr., has agreed to convey an eighty-five(85) foot wide permanent drainage easement and adjacent temporary construction easements to the City of Beaumont. The easement [out of Tract 1, Steam Mill Square, Original Townsite of Beaumont] is part of the Calder Avenue Drainage Project where concrete box culverts are being installed to improve drainage from Calder, along Elizabeth Street to the Neches River. The owners of the above named property have agreed to convey the easement for the appraised value of$3,000.00 [Appraiser: Bishop Real Estate Appraisers, Inc.]. BUDGETARY IMPACT Funds are available in the Capital Program. \engcalder-penland_project-ib 30 October 2008 RESOLUTION NO. WHEREAS, an agreement has been negotiated with Joe Penland, Jr., President of JPE, LTD, in the amount of $3,000 for the acquisition of an eighty-five foot (85') wide permanent drainage easement and adjacent temporary construction easements,being a 0.11 acre parcel situated in the Noah Tevis Survey,A-52, Beaumont,Jefferson County,Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, for the Calder Avenue Drainage Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the permanent drainage easement and temporary construction easements, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, in the amount of $3,000 for the Calder Avenue Drainage Project be and the same are hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - W "Recognizing the landmarks of the past....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sims,Jr.,RPLS Michael S.Kethan,RPLS EXHIBIT"A" Page 1 of 2 February 4, 2008 Surveyor's Field Note Description: 0.11 Acre Storm Sewer Easement BEING a 0.11 acre (4,964 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County, Texas, out of a called 1.243 acre tract conveyed to Landeros Construction, Inc. by Warranty Deed with Vendor's Lien dated October 17, 1990 recorded under Clerk's File No. 9031787 of the Jefferson County Official Public Records of Real Property, and being out of the Mill Square of the Original Town Site of Beaumont according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson County Map Records, said 0.11 acre more particularly described by metes and bounds as follows; COMMENCING, at a point in the east right of way line of Cypress Street, for the most northerly corner of said 1.243 acre tract; THENCE, South 42°58'30" East, 115.22 feet along the westerly bank of the Neches River, and the east line of said 1.243 acres to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the northeast corner and POINT OF BEGINNING, of the herein described parcel; THENCE, South 42 058'30" East, 85.61 feet along the westerly bank of said Neches River, and the east line of said 1.243 acres to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the southeast corner of the herein described parcel; THENCE, South 86 035'26" West, 79.96 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") in the easterly line of a Port of Beaumont Tract, Jefferson County Appraisal District account number 003200000027300000006, and the westerly line of said 1.243 acres, for the southwest corner of the herein described parcel; THENCE, North 20°07'38" West, 5.78 feet along the easterly line of said Port of Beaumont Tract, and the westerly line of said 1.243 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for an angle point in the easterly line of said Port of Beaumont Tract, the westerly line of said 1.243 acre tract, and a southwesterly corner of the herein described parcel; THENCE, North 40 028'42" West, 75.77 feet along the easterly line of said Port of Beaumont Tract, and the westerly line of said 1.243 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the northwest corner of the herein described parcel; THENCE, North 86 035'26" East, 72.77 feet to the POINT OF BEGINNING, CONTAINING 0.11 acre (4,964 square feet) of land in Jefferson County, Texas. (This description is based upon a survey made on the ground under my direct supervision on January 8, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection, South C ntral Zone, North American Datum (NAD83). Reg ered Professional Land Surkeyor CO 0 GISTERFO.9d, N:\Survey_data\PROJECTS\Projects2006\2006-045\02\M&B c RICHARD L.WORTHEY ,'O,9 4964 Q,�•. 7999 Gladys Avenue, Suite 102 SS%O�;•�Q' Beaumont,Texas 77706-3109 N�SURV�'� Tel: 409.866.9769 Fax: 409.866.7075. www.wortech.com / 7�7 VICINITY MAP % N.T.S. HAZEL .e IE NORTH CALDER SITE MCFADDIN El 17A ETH CALDER i 3 MULBERRY BROADWAY 0' 20' W. 80' z SCALE: 1"=40' POC FNO. i-I.P. N.CDR.OF 1.243 ACRES s Ass NOAH TEV7S SURVEY, p-52 _ s JEFFERSON COUNTY, TEXAS $a F 8� 's L7 q rn TEMPORARY a'. EASEMENT POB V N 88'35'28" E 4' 72.77' STORM SEWER EASEMENT 4- } 0.11 ACRE CK� gO.Sj S 4964 SQ. FP. �cbs �Stsp• LINE BEARING DISTANCE L1 5 475830 E 22.05 L2 5 475830 E 2203 CIO� W N 2Q 3B W 17.75 vi r 79.98' L4 N 20'0 38 W 5.78 Vl o -S- t'� S 88'35'28" W LS N 40.2842 W 1.03 'yA o .S, - ( 76 N OS2434 W 18.18 t1j q "' e'w TEMPORARY EASEMENT ? v N 86'35 28 E 59.34 r - 5 86'35'26" W 88.90' z CALLED ACRES TO IANDEROS CONSTRUCTION,INC. £ BY WARRANTY DEED WITH VENDOR'S LIEN M ILL SQUARE DATED OCTOBER 17, 1990 _ C.F.NO.9031787 OR/C/NAG u J.C.O.PJT.R.P. TOWN S17E OF I' 8MUMONT ML. 448, PC. 249 1. All bearings shown hereon referenced to ✓.C.M.R. the Texas State Plane Coordinate System, = Lambert Projection, North American datum I crsyQ Q m of 1983 (NAD 83), South Central Zone (U.S. A A13STRACT v3 Survey Foot). C CALLED FND. 1/2-I.R. u \ C.F. - CLERK'S FILE S.W.COR.MILL SQUARE 2. This survey Was prepared without the FND• FOUND benefit of a current Commitment for Title I.R. IRON ROD NO. NUMBER Insurance or Abstractor's Certificate and J.C.O.P.R.R.P. JEFFERSON AMY OMCIAL PUBLIC therefore easements or encumbrances may Poo RECORDS OF REAL PROPERTY exist which are not shown hereon. No POC POINT OF BEGINNING PONT research of the Public Records of Jefferson OF COMMENCEMENT regarding these easements or encumbrances was performed by WORTECH CapYdght 2008.All rights reserved.Duplication In any farm Land Surveyors, Inc. whh-t the express written permlsslan of WORTECH Land Surveyors,Inc.Is strlctty prohibited.This survey is prepared 3. "S" denotes a set 5/8" iron rod with for the exclusive use and benefit or the parties listed hereon. Liability to third parties may not be transferred or assigned. cap (stamped "Wortech Surveyors'). JOB N0: 2006-045-02 we WORTECH Land Surveyors, Inc, acting by and FIELD BOOK: 665 through Richard Worthey, a Registered Professional DR.BY: RWG t�O F TF Land Surveyor, hereby certify that the drawing shown DATE: 1/24/08 'J'..STEM �9 hereon is a true and correct representation made on SCALE: 1 -40 the ground, under my supervision, being situated in the Noah Tevis Survey, A-52 of Jefferson County, WRTE C H RIC;,yHARD L WORTHEY Texas. • o4964��:Q Surve : February 4, 200 LAND SURVEYORS, INC. ey':ES5% 7999 Gladys Avenue,Suite 102 ��SURV� Beaurhont,Texas.77706-3109 Tel: 409.866.9769 THIS DOCUMENT NOT vAUD Registered Professional Land S eyor Fax:409.866.7075 WITHOUT ORIGINAL SEAL AND www.wortech.corn SIGNATURE OF PERSON CERTIFYING RICH WITH OPPORTUNITY 1 T * E * X * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 4, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-15/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place(bar) in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street 2. Consider a request for a specific use permit to allow an attorney's office in a RCR (Residential Conservation and Revitalization)District at 2325 Liberty 3. Consider a request for a specific use permit to allow a cosmetic company in a GC- MD (General Commercial-Multiple Family Dwelling)District at 75 N. Major Drive 4. Consider a request for a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans 5. Consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in a LI (Light Industrial)District 6. Consider a request for a general land use and a specific use permit to allow 250 apartments in the PUD (Planned Unit Development)District located on the west side of N. Major between the LNVA Canal and Perl Road 7. Consider a request to abandon a portion of Chinn Lane 8. Consider a request to abandon a utility easement located on the property at 1550 111-10 East 9. Consider authorizing the City Manager to execute an Industrial District Contract with Sartomer Company 10. Consider approving an agreement for public adjusting services for insured losses associated with the Hurricane Ike disaster 11. Consider approving a contract for street, drainage and sidewalk improvements on various streets in the downtown area(Park, Neches, North Pearl, College, Wall, Forsythe, Fannin, Bowie, Liberty and Broadway) 12. Consider accepting the Grand Recap of the tax roll for the tax year 2008 (Fiscal Year 2009) 13. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department 14. Consider approving an amendment to the Lease Agreement with the Industrial Safety Training Council (ISTC) 15. Consider approving a contract for the Archive Building Addition to the Tyrrell Historical Library 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: Tina Lewallen vs. the City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Tina Broussard, 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 4, 2008 Consider a request for a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street r-- RICH WITH OPPORTUNITY 11EA,11110 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place(bar)in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND John Wilson,representing R&W Inc.,has applied for the specific use permit. Mr. Wilson states that the bar will be known as The Ticket Sports Bar and Club. It will operate between the hours of 4 p.m. and 2 a.m.,Monday-Sunday. The operation will consist of a full service bar, an area for pool tables, dart boards and Golden T Golf. Televisions will be installed to view televised sporting events. DJ music will be provided on weekends. On special occasions,live bands will be booked to play. The subject property is the former location of the Gateway Theater. When that business closed, the building was subdivided and converted into other uses. Currently,a medical imaging firm is located in one-half of the building. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow a drinking place(bar) in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3684-B College Street. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE(BAR) IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3684-B COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to John Wilson as representative of R&W Inc.; dba The Ticket, to allow a drinking place(bar)in a GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 3684-B College Street, being the North 180'of Lot 113 and the South 122' of Lot 125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3684-B College Street, being the North 180' of Lot 113 and the South 122' of Lot 125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, is hereby granted to John Wilson as representative of R&W, Inc. dba The Ticket, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - File -P: Request for a specific use permit to allow a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District Location: 3684B College Applicant: John Wilson, R&W Inc., dba The Ticket 0 100 200 Feet Legend GC-MD ® 1963P STAGG DR GC-MD i C401 N N J COLLEGE ST LI EXHIBIT "A" ! Y A� k h/rj" F4T.+crS e� y R.t5E4a ITTI I I I 1 '1* ' I � l I WA y.vS yJA NCL [idyl ��� O�n�S 1�Q r • t1C N� N� }�c r .. Wolf 1/J m t, t W 1 r ��~ ) + QarK:NS OIL VS CK,,c drnSl Dn wt �p. 2 November 4, 2008 Consider a request for a specific use permit to allow an attorney's office in a RCR(Residential Conservation and Revitalization)District at 2325 Liberty a RICH WITH OPPORTUNITY 11EA,[114011* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4,2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow an attorney's office in the RCR(Residential Conservation and Revitalization)District at 2325 Liberty. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Suzanne Wohleb has applied for the specific use permit. Ms. Wohleb states that she and her husband will be renting the space for their law offices. The Wohlebs practice primarily in the areas of Family Law and Criminal Defense. Regular hours of operation will be from 8:00 a.m. - 5:00 p.m., Monday-Friday. At this time,there will be no staff members,but they may hire one person at a later date. This property originally received a specific use permit to allow a home health care business. Most recently, a specific use permit was granted for an interior design office and caregiver education classes. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow an attorney's office in the RCR(Residential Conservation and Revitalization)District at 2325 Liberty. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ATTORNEY'S OFFICE IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2325 LIBERTY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Suzanne Wohleb to allow an attorney's office in a RCR(Residential Conservation and Revitalization) District for property located at 2325 Liberty, being the North 2/3 of Lot 5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit A attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an attorney's office in a RCR (Residential Conservation and Revitalization) District for property located at 2325 Liberty, being the North 2/3 of Lot 5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby granted to Suzanne Wohleb, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2.008. - Mayor Becky Ames - 1-P: Request for a specific use permit to allow an attorney's office in an RCR (Residential Conservation and Revitalization)District. Location:. 2325 Liberty Applicant: Suzanne Wohleb 0 100 200 Feet Legend ® 1961P RCR RC- LIBERTY AVE RCR RCR LAUREL ST RCR �► RCR E z RCR - =S R=S:1 R-S EXHIBIT "A" r---i'-- BLBCTRIC LING CONCR3T8 SURnCd O dC IIRe01 n70ND+1G UMT ==== 71a0D FBNCS --PL PL-- PIP11W ® COVERED lILE1 P.P. Pomm POLE CABIN LINK Pima �T—T— TELEPIIONd LQVE G'� ROCK OR GRAVEL ST UM[GHT r— EdRUD NIRa FXXCd CUTEN ° QUALITY C.ARR SITTER SERVICE - LOT 25 LOT 24 LOP 23 LOT 22 LOT 21 FOUL r FOUND 5/8• FOUND 6/8' d Q' LION ROD Dw ROD a ` 50.01' CM4W JCM4W L ILUI PROPO�SE'D-1. FJ'NCE B WOOD EN CN LINJC FENCE FCd O L Y PROPOSED 'IVO 1 LOT 6 SET S/8' a LO ra'v ROD 52 f O NCE SAT IR5 ROD ROD }� .SLIB, 1FI14E--- `'i •'•«k'i �,•D�5 FENCE � <'. .�:.r:T= MXTAL BLDG. ON SIDS b::- �. e OT 1a.00 LOT 7 ❑ L 5 cc CONC, 85' W M.ILLC- l 0.75 U :, .io 24.00- P.P. 1 OO �•.... • Y d PROPOSED .001VC. °o ASPXALT n DRIVE PIRIIDVC ; ta, N Yo b 4 SCALE. r'=30' FZxc CO 1088•aq ft qq A:. BRICZ 88 .. .`c, `t Pol? LANDSCAPE POUND 01P ROD 1 M ;: � AREA _u �.. SCAM CONC..'.' ,�,, FOUND 5/8' P. Jar .}. RDP. 4' = y. LRON ROD its 'SEA 6 8' ,Ct11,�C. ,,'',;,n,. _ r C.lI1LK '.• __� � Ls- IR :•^'�.' 'w' :;r ° $ .•: FOUND 5/8' QONC.' R r• cr^afr` SET 'Y' IRON ROD DRIVN' CONCP'P' 2,r npyp�� : L:IN CONC. WK 2325 & 2335 LIBERTY AVENUE (60' RIGHT OF WAY) 279.56 aq.ft. LANDSCAPE AREA 2180.00 agft. ASP 'T P.tVEMENT AREA LANDSCAPd•J W-LS 200 sgyt PER 40D0 aq,ft. W-LESS$AREDVG AREA W.Td� CITY•Of _• BSI UMONT ZONWG•ORDWANCE SECTION 50-51 (c) , A VARLWCE IS REQUZSTED FOR SCRUVINO.BUFFERS SECTION 90-91 (b) - .CIR STOPS COMPLY FM SECTION 90-27 8 PARMY0 COJtPL73S VITA SECTION 50-27 7 TABLE HANDICAP COMPLIES WITH SECTION 90-27 11(c) Gf '` EXHIBIT "B" Hill 111 /17 3 November 4, 2008 Consider a request for a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling)District at 75 N. Major Drive RICH WITH OPPORTUNITY r T - E - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cosmetic company in a GC-MD(General Commercial-Multiple Family Dwelling) District at 75 N. Major Drive. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Tammy Powell, CEO of The Invisible Armor,Inc.,has applied for the specific use permit. Ms. Powell states that the 23,956 sq. ft. building will consist of areas dedicated to the receiving, filling and shipping of cosmetic products,the company's corporate offices and office lease space. 14,000 sq. ft. will be dedicated to receiving finished formulations in totes and 55 gallon drums. The totes and drums will connected to the appropriate filling machinery. Filling machines will fill different sizes and shapes of containers. The products that will be brought in for filling will be cosmetics such as bath and beauty products,hair care products and make-up/facial products. These products will be case packed in shippers,placed on pallets and shipped out. No manufacturing of products will occur on site. 5,596 sq. ft. of the building will be utilized for the corporate offices of The Invisible Armor, Inc. The remaining 4,000 sq. ft. will be used for lease office space. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow a cosmetic company in a GC-MD (General Commercial- Multiple Family Dwelling)District at 75 N. Major Drive. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COSMETIC COMPANY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 75 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Tammy Powell, CEO of The Invisible Armor, Inc., to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 75 N. Major Drive, being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont, Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 75 N. Major Drive, being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont, Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, is hereby granted to Tammy Powell, CEO of The Invisible Armor, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 41h day of November, 2008. - Mayor Becky Ames - File 196 2-P: Request for a specific use permit to allow a cosmetic company in a GC-MD General Commercial Multiple Family Dwelling)District. Location: 75 N.Major Applicant: The Invisible Armor, Inc. 0 100 200 Feet I � t Legend R-S GC-MD ® 1962P PHELAN BLVD Z 3. O 70 v GC-MD R-S oe ol - N U 3 o U MCLEAN DR v '° R .-S EXHIBIT "A" PHELAN ISLVD. I ' F7r/ f, (7 A i { M .ri TP] H.E.@. /f •W'..',, �%Vii,/.'!i'.• •:!;'r � !/! � :•....... :. rt t►1-. _ rt./ EXHIBIT "B" - 4 November 4, 2008 Consider a request for a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans RICH WITH OPPORTUNITY [1EA,[111011* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GS� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a tattoo parlor in the CBD(Central Business District) at 665 Orleans. RECOMMENDATION The Administration recommends denial of the request. BACKGROUND Calvary Enterprises, dba Divine Ink Gallery,has applied for the specific use permit. On June 9,2008,Jason and Andrea Boever applied for a certificate of occupancy to allow the operation of a tattoo shop and beauty salon and spa at the site of a former beauty school. The certificate of occupancy was approved for the beauty salon only. The Boevers explained that part of the beauty salon services would include the applying of permanent makeup such as eye shadow and lip gloss. Those procedures were recognized as being part of the normal operation of a beauty salon. However,the Planning Manager told the Boevers that a tattoo shop that applied body art would require a specific use permit. On July 22, 2008,the Boevers were notified by certified mail that the City had conducted an investigation and found that a tattoo shop was illegally operating at 665 Orleans. Advertising for the business states that custom tattooing is one of the services provided. Despite their agreement to not offer tatoos at the time of the application to the City and warnings from the City's Zoning Inspector,the operators continued to sell tattoos and advertise extensively for such a service. Application for the specific use permit for the tattoo shop was submitted on August 1, 2008. Divine Ink Gallery& Salon is a full service cosmetic salon offering cutting and coloring of hair, barber shop services,massage therapy, spa and facial treatments,makeup application,permanent makeup application and custom tattoos. The Boevers state that they are licensed by the Texas Department of State Health Services for the application of both permanent makeup and custom tattoos. At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended denial 4:1 of a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TATTOO PARLOR IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 665 ORLEANS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Calvary Enterprises dba Divine Ink Gallery to allow a tattoo parlor in the CBD (Central Business District)for property located at 665 Orleans, being Tract 1, Lots 199 and 200, Block 40, Beaumont Addition, City of Beaumont, Jefferson County,Texas, containing 0.33 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a tattoo parlor in the CBD (Central Business District) for property located at 665 Orleans, being Tract 1, Lots 199 and 200, Block 40, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Calvary Enterprises dba Divine Ink Gallery, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - File-1959-P: Request for a specific use permit to allow a tattoo parlor in the CBD(Central Business District). Location: 665 Orleans Applicant: Calvary Enterprises dba Divine Ink Gallery 0 100 200 Feet i I 1 Legend ® 1959P CBD � C8 CBD o,� CBD -BD 5� CBD �5 C BD Iq° \ c a BD CB-D CBD CB�D C BD EXHIBIT `A' 07/31/2008 22:33 281-444-6756 R D GILBERT ENTERP PAGE 01 (0 } 11J . W DO �I C7 FANNIN.STS co LLJ :33`r tStc•':r::v k •'f t,.J+'yJ'��Yr •,.may.��L,Z.ry.r w lr: L, 'y'I7ii•,�W�s,:y'+/�'�5a�•�i•,e'p► ¢fit' ti� A,�YZ:=!4!; °St PJ✓'`"�!�}•'1���,�iSi�YB}fit. .�+' PA Z A OWES CAFE .,:?�,y•�:',t-,•.<....3' ,j� uj. tr/ k + �. A�•K.. J r.i REATAURANI tq� lii ;r.: '•"�'r t_ +; eu Lij�;;,. h�'7 J -fll•,r.y��tAl.l y�•..�•.,,•.,r!'"f�'v_��;-yy, j1• .(j f yr SPORTS Divine Ink Gallery.& Salon O GAME ROOM o a m iJ.l g cc LL '''.1~�5 .; �'�i.N�'�rr I1t•',1;�.. Y,�;•.t•'•.5•5 v. .L. ::: •,a.•!:,,'�^�•.,': .. -t!�r''°e,F;iS a,..:.,i�ny;:''!• ,.:i[:{•...' +. ((/� r ,.:.°'f$'fvl :%j r,.s£a"��.:r ,_':;: :•f.'7.i%?.!':::•.:�b,,+� y•.. :t��r'r^: Y V �x••_ ,1' :iX'`7�•�t�i'�� tel: ..^"•:.,. d •� r. FORSYPHE STRM 74:.. XHIBI "B1 5 November 4,2008 Consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in a LI (Light Industrial) District RICH WITH OPPORTUNITY r T • E • x - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C 5�3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent hatching plants with a specific use permit in the LI(Light Industrial)District. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Due to the environmental hazards that temporary and permanent hatching plants can cause,the Community Development Department has requested that the Chapter 30, City of Beaumont Zoning Ordinance,be amended to only allow temporary and permanent batching plants within the LI(Light Industrial) District with a specific use permit and within the HI(Heavy Industrial) District by right. Currently,temporary batching plants are permitted in the A-R(Agricultural-Residential)District with a specific use permit and within the LI and HI Districts by right. Permanent batching plants (SIC 353)are permitted with a specific use permit in LI and by right in M. However, Sec. 30-33, Special Condition#18, allows all uses permitted in SIC Group 35 to be located in the GC-MD, CBD and C-M Districts with a specific use permit and subject to a number of conditions. The recommended changes to Chapter 30,Zoning Ordinance,are as follows: Sec. 30-24B,Permitted Use Table Delete temporary batching plants (SIC 295 and SIC 3273)from the A-R District. Change temporary batching plants(SIC 295 and SIC 3273) from permitted by right to permitted with specific use permit in the LI District. Sec. 30-33, Special Conditions (b) 18. The land uses listed under SIC Group numbers 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC-MD, CBD and C-M zoning districts if, 1) granted a specific use permit and 2) comply with the following conditions: a. All business related activities including storage of material and equipment shall be conducted within a completely enclosed structure. b. All lighting shall be situated so as not to cast or reflect light on any residential property. C. A Traffic Circulation Plan, showing all parking, drives, loading/unloading areas, and curb cuts and truck routes shall be submitted to the City Engineer for his approval. The City Engineer may, as a condition of approval of the Traffic Circulation Plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The City Engineer may also designate or restrict truck routes. d. The maximum gross floor area for any lot or premise shall be five thousand(5000) square feet. e. Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District. f. Industrial Performance Standard as specified in Section 30-31 will be applicable. g. Special Condition 18 shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval 5:0 of an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in the LI(Light Industrial) District. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SUBSECTION 30-24(b), PERMITTED USE TABLE, TEMPORARY BATCHING PLANTS, AND SUBSECTION 30-33(b)18, SPECIAL CONDITIONS, PROVIDING FOR TEMPORARY BATCHING PLANTS IN LI (LIGHT INDUSTRIAL) DISTRICTS; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article II, Section 30-24(b), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to remove temporary batching plants (SIC 295 and SIC 3273) from the A-R District and change temporary batching plants (SIC 295 and SIC 3273) from being permitted by right to being permitted with a specific use permit in the LI District as follows: SEC 30-24(b) PERMITTED USE TABLE ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC GC- GC- CBD C-M LI HI PUD GROUP MD MD-2 S P 29 PETROLEUM REFINING&RELATED 7 INDUSTRY(except as noted) S P 295 Temporary Batching Plants 7 10 and ZONING DISTRICT Pa[!qM Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC GC- GC- CBD C-M LI HI PUD GROUP MD MD-2 S P P 132 STONE,CLAY,GLASS&CONCRETE 7 18 PRODUCTS (except as noted) S P P 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum and Plastic Products 7 18 (except as noted) S P 3273 Temporary Batching Plant 7 10/18 S P 329 Abrasive,Asbestos, and Miscellaneous 7 18 Non-Metallic Mineral Products Section 2. THAT Chapter 30, Article II, Section 30-33(b)(18), be and it is hereby amended to read as follows: Section 30-33. Special conditions. (18) Permitted land uses. The land uses listed under SIC Group number 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC-MD, CBD and C-M Zoning Districts if: (1) granted a specific use permit and (2) comply with the following conditions: a. All business-related activities, including storage of materials and equipment, shall be conducted within a completely enclosed structure. b. All lighting shall be situated so as not to cast or reflect light on any residential property. c. A traffic circulation plan showing all parking, drives, loading/unloading areas, and curb cuts and truck routes shall be submitted to the city engineer for his approval. The city engineer may, as a condition of approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The city engineer may also designate or restrict truck routes. d. The maximum gross floor area for any lot or premise shall be five thousand (5,000) square feet. e. Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District. f. Industrial performance standard, as specified in section 30-31, will be applicable. g. Special Condition 18 shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - 6 November 4,2008 Consider a request for a general land use and a specific use permit to allow 250 apartments in the PUD (Planned Unit Development)District located on the west side of N. Major between the LNVA Canal and Perl Road i RICH WITH OPPORTUNITY C T • E - x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �}3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4,2008 REQUESTED ACTION. Council consider a request for a general lanu use and a specific use permit to allow 250 apartments in the PUD (Planned Unit Development)District located on the west side of N. Major between LNVA Canal and Perl Road. RECOMMENDATION The Administration recommends approval of the request subject to the following condition: 1. Future phases will require that a traffic impact study be submitted with an application for a general land use plan and a specific use permit. BACKGROUND Leonard Kirtman,representing Global Ventures,Inc.,has applied for a general land use plan and a specific use permit. Mr. Kirtman states that approximately 34 acres with frontage on Major will consist of 250 apartment units. Mr. Kirtman initially requested 34 acres of retail and office uses,approximately 69 acres developed with 1,000 apartment units and 10-20 acres of open space available to the community for recreation and amenities. The-Planning Commission recommended denial of this concept based upon traffic concerns. Mr. Kirtman has now submitted a letter stating that he would like to reduce Phase One to include the construe-ion of 250 apartment units on the 34 acres previously designated for commercial. This initial phase should take approximately two to three years to complete. Mr. Kirtman states that he no plans at this time to build additional apartments or any commercial and understands that City Council would have to approve any future development. At a Joint Public Hearing held October 20,2008,the Planning Commission recommended denial 3:2 of a general land use and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development)District located on the west side of N. Major ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL AND GENERAL OFFICE USES AND APARTMENTS IN A PUD (PLANNED UNIT DEVELOPMENT)DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH MAJOR DRIVE BETWEEN THE LNVA CANALAND PERL ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Global Ventures, Inc., to allow retail and general office uses and apartments in a PUD(Planned Unit Development)District for property located on the west side of North Major Drive between the LNVA Canal and Perl Road, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject hereinafter described condition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow retail and general office uses and apartments in a PUD(Planned Unit Development)District for property located on the west side of North Major Drive between the LNVA Canal and Perl Road, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Global Ventures, Inc., its legal representatives, successors and assigns subject to the following condition: • Future phases will require that a traffic impact study be submitted with an application for a general land use plan and a specific use permit. Section 2. That-the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"C"and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont,Texas,as amended,as well as comply with any and all federal,state and local.statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE,Abstract No. 20 in Jefferson County,Texas,being out of and a portion of that certain 147.16 acre tract of land designated as TRACT ONE (1) and described in an instrument from Lois Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker,Ellen Rienstra, Judith Linsley,Homer F. Walker, H, Lonnie C. Walker,Mark Douglas Walker, Roger Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the Deed Records of Jefferson County Texas said 107.287 acres being more particularly described as follows: Beginning at a %2" Rod set(in the center of a drain ditch)marking the West right-of-way line of North Major Drive(State Highway FM 364, a 120'wide ROW),the South line of the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority (LNVA),the Northeast corner of the said 147.16 acre tract and being the Northeast corner of the herein described tract; Thence S 30°07'02" E(L1, as referenced on the attached Plat)with the West line of North Major Drive,the East line of the said 147.16 acre tract and the East line of the herein described tract,at 800.86'pass a Texas Department of Transportation(TxDOT) Concrete Monument,at 942.01'pass a'/2" Rod marking the Northeast comer of the Final Replat of Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of Jefferson County Texas and continue for a total distance of 1,247.01'to a!/2"Rod found marking the Southeast corner of the said Final Replat of Block A and being an angle point on the East line of the herein described tract; Thence S 59°52`58" W(L2)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 440.00'to a 1/2" Rod found marking an interior angle point; Thence N 30 00702" W(L3)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 5.00'to a '/2" Rod found marking an interior angle point; Thence S 59°52'58" W(L4)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 460.00'to a 1/2" Rod set marking the East line of a 70'wide drainage easement dedicated in the Greenfield Village - Section One of record in Volume 14 on Page 146 of the said Map Records,the Southwest corner of the said Final Replat of Block A aad being an interior angle point; Thence N 30°07'02" W(L5)with the West line of the said Final Replat of Block A,the East line of the said drainage easement and an interior line of the herein described tract for a distance of 245.49'to an interior angle point; Thence N 18°48'40" W(L6)with the West line of the said Final Replat of Block A,the East line of the said drainage easement and an interior line of the herein described tract for a distance of 45.39'to the Northwest corner of the said Replat of Block A,the Northeast corner of the said dedicated drainage easement and being an interior angle point; Thence S 59°52'58" W(L7)with the North line of the said dedicated drainage easement and an interior line of the herein described tract for a distance of 71.39'to a V?Rod set marking the original Northwest corner of the said Section One,the Northwest corner of the south dedicated drainage easement and being an interior angle point; Thence S 18°48'40" E(L8)with the West line of the said Section One,the West line of the said drainage easement and an interior line of the herein described tract for a distance 38.33'to a'/s" Rod set marking an interior angle point; Thence S 30°07'02" E (L9)with the West line of the said Section One,the West line of the said drainage easement and an interior line of the herein described tract for a distance 316.83'to a %Z" Rod set marking an interior angle point; Thence S 00°25'04" W(L10)with the West line of the said Section One,the West line of the said drainage easement and an interior line of the herein described tract for a distance of 154.97'to a V2" Rod set marking Southerly West line of that certain 9.96 acre tract of land described in an instrument to the Easley Land Company of record in Film Code No. 100-10-0018 of the Official Public Records of Jefferson County, Texas and being an interior angle point; Thence N 89°34'56" W(L11)with the Southerly West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 104.43'to a'/2"Rod set marking an angle point on the West line of the said 9.96 acre tract an being an interior angle point; Thence S 00°22'20" E(L12)with the West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 194.48'to a %2" Rod set marking the Southwest corner of the said 9.96 acre tract and being an interior angle point; Thence S 89°35'45" E (L13)with the South line of the said 9.96 acre tract, at 87.32'pass a 5/8" Rod found marking the Southwest corner of the said Section One,and continue with the South line of the said Section One and an interior line of the herein described tract,at 1,066.55'pass a 5/8" Rod found marking the Northwest comer of that certain 4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum Corporation of record in County Clerk's File No. 95-9511580 of the Official Public Records, at 1,097.07'pass a Capped Rod found marking the Southeast corner of the said Section One and the Southwest comer of that certain 3.2701 acre tract of land described in an instrument to Parigi Property Management, Ltd, of record in County Clerk's File No. 2003023009 of the Official Public Records and continue for a total distance of 1,429.19'to a Capped Rod found marking the West line of North Major Drive;the Southeast corner of the said 3.2701 acre tract,the Northeast corner of the said 4.00 acre tract,the East line of the said 147.16 acre tract in a curve to the right and being an angle point on the East line of the herein described tract; Thence Southerly(L14*)with the West line of North Major Drive,the East line of the said 147.16 acre tract,the East line of the said 4.00 acre tract,the East line of the herein described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that bears S 13°41'39" E, a Chord distance of 407.89' of an Are distance of 410.58'to a point marking the end of said curve and being an angle point on the East line of the herein described tract; Thence S 01'16'48" E(L 15)with the West line of North Major Drive,the East line of the said 147.16 acre tract,the East line of the said 4.00 acre tract and the East line of the herein described tract for a distance of 5.18'to a TxDOT Concrete Monument found marking the Northeast corner of Beau Terrance Subdivision of record in Volume 5 on Page 79 of the said Map Records,the Southeast comer of the said 4.00 acres,the Southeast comer of the said 147.16 acre tract and being the Southeast corner of the herein described tract; Thence S 89°01'42" W(L16)with the North line of the said Beau Terrace,the North line of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map Records,the South line of the said 4.00 acre tract,the South line of the said 146.16 acre tract and the South line of the herein described tract for a distance 1,119.67'to a`/2' Rod found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of record in Volume 4 on Page 139 of the said Map Records and being an angle point on the South line of the herein described tract; Thence S 88°56'05" W(L17)with the North line of the Block 3,the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 561.50' to a 1/2" Rod found marking the Northwest comer of the said Block 3,the Northeast corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the South line of the herein described tract; Thence S 88°54'53" W(L18)with the North line of the said Block 4,the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 280.09'to a 1/2' Rod found marking an angle point on the South line of the herein described tract; Thence S 88°5706" W(L19)with the North line of the said Pearl Acres Subdivision,the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 2,520.72'to the centerline of a 130'wide drainage easement shown on Plat prepared by Garrod&Dartez of record in an instrument to Jefferson County Drainage District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public Records,the Southeast comer of that certain 31.24 acre tract of land described in an instrument to Howard D. Wilcox of record in County Clerk's File No. 2002007175 of Real Property Records of Jefferson County,Texas,being in a curve to the right and being the Southwest corner of the herein described tract; Thence Northerly(L20*)along the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract and the said curve to the right,having a Radius of 345.00',a Chord that bears N 11'48'17" W,a Chord distance of 92.96'for an Arc distance of 93.25'to a point marking the end of said curve and being an angle point on the West line of the herein described tract; Thence N 04°03'25" W(L21)with the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 348.76'to an angle point on the West line of the herein described tract; Thence N 09°30'39" E(1,22)with the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 86.51'to the South line of the said LNVA Canal,the Northeast corner of the said 31.24 acre tract,the North line of the said 147.16 acre tract and being the Northwest corner of the herein described tract; Thence the following five(5) courses along the South line of the LNVA Canal,the North line of the said 147.16 acre tract and the North line of the herein described tract: 1) S 89°47'21" E(L23)for a distance of 362.67'to an angle point. 2)N 81°28'37"E(L24)for a distance of 556.78'to an angle point. 3)N 67-18'33" E(L25)for a distance of 393.49'to an angle point. 4)N 49°50'01" E(L26)for a distance of 1,281.48'to an angle point. 5)N 49°19'18" E(1,27)for a distance of 1,341.06'to the point and place of beginning, containing in area, 107.287 acres of land,more or less. SAVE AND EXCEPT: The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such stake is also in the West line of FM Highway 3120. It also locates the beginning of a non- tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius is 1,034.73 feet.. THENCE in a Southwesterly direction with the arc of said curve and with the West right- of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a fence comer locating the Southeast corner of said 147.16 acre tract of land and lying in the North line of the Beau Terrace Addition; THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein contemplated. THENCE due North to the south line of said 10 acre tract THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said 10 acre tract to the iron stake in the West line of said Highway No. 3120, making the place of beginning; City of Beaumont,Jefferson County, Texas, Containing 104.287 acres more or less. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE, Abstract No. 20 in Jefferson County, Texas,being out of and a portion of that certain 147.16 acre tract of land designated as TRACT ONE (1) and described in an instrument from Lois Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker, Ellen Rienstra, Judith Linsley, Homer F. Walker,II, Lonnie C. Walker, Mark Douglas Walker, Roger Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the Deed Records of Jefferson County Texas said 107.287 acres being more particularly described as follows: Beginning at a %2" Rod set(in the center of a drain ditch)marking the West right-of-way line of North Major Drive (State Highway FM 364, a 120'wide ROW), the South line of the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority (LNVA), the Northeast corner of the said 147.16 acre tract and being the Northeast corner of the herein described tract; Thence S 30°07'02" E (L1, as referenced on the attached Plat)with the West line of North Major Drive, the East line of the said 147.16 acre tract and the East line of the herein described tract, at 800.86'pass a Texas Department of Transportation(TxDOT) Concrete Monument, at 942.01'pass a %2" Rod marking the Northeast corner of the Final Replat of Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of Jefferson County Texas and continue for a total distance of 1,247.01'to a'/2" Rod found marking the Southeast corner of the said Final Replat of Block A and being an angle point on the East line of the herein described tract; Thence S 59°52'58" W(L2)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 440.00'to a %2" Rod found marking an interior angle point; Thence N 30°07'02" W(L3)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 5.00'to a%2" Rod found marking an interior angle point; Thence S 59°52'58" W(L4)with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 460.00'to a %2" Rod set marking the East line of a 70'wide drainage easement dedicated in the Greenfield Village - Section One of record in Volume 14 on Page 146 of the said Map Records, the Southwest corner of the said Final Replat of Block A and being an interior angle point; Thence N 30°07'02" W(L5) with the West line of the said Final Replat of Block A, the East line of the said drainage easement and an interior line of the herein described tract for a distance of 245.49'to an interior angle point; Thence N 18°48'40" W(L6) with the West line of the said Final Replat of Block A, the East line of the said drainage easement and an interior line of the herein described tract for a distance of 45.39'to the Northwest corner of the said Replat of Block A, the Northeast corner of the said dedicated drainage easement and being an interior angle point; Thence S 59°52'58" W(L7)with the North line of the said dedicated drainage easement and an interior line of the herein described tract for a distance of 71.39' to a %2" Rod set marking the original Northwest corner of the said Section One, the Northwest corner of the south dedicated drainage easement and being an interior angle point; Thence S 18°48'40" E (L8) with the West line of the said Section One, the West line of the said drainage easement and an interior line of the herein described tract for a distance 38.33'to a %z" Rod set marking an interior angle point; Thence S 30°07'02" E (L9)with the West line of the said Section One,the West line of the said drainage easement and an interior line of the herein described tract for a distance 316.83'to a %2" Rod set marking an interior angle point; Thence S 00°25'04" W(L10) with the West line of the said Section One, the West line of the said drainage easement and an interior line of the herein described tract for a distance of 154.97' to a %Z" Rod set marking Southerly West line of that certain 9.96 acre tract of land described in an instrument to the Easley Land Company of record in Film Code No. 100-10-0018 of the Official Public Records of Jefferson County, Texas and being an interior angle point; Thence N 89°34'56" W(L11) with the Southerly West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 104.43' to a '/2"Rod set marking an angle point on the West line of the said 9.96 acre tract an being an interior angle point; Thence S 00°22'20" E (L12)with the West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 194.48' to a %2" Rod set marking the Southwest corner of the said 9.96 acre tract and being an interior angle point; Thence S 89°35'45" E(L13)with the South line of the said 9.96 acre tract, at 87.32'pass a 5/8" Rod found marking the Southwest corner of the said Section One, and continue with the South line of the said Section One and an interior line of the herein described tract, at 1,066.55'pass a 5/8" Rod found marking the Northwest corner of that certain 4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum Corporation of record in County Clerk's File No. 95-9511580 of the Official Public Records, at 1,097.07'pass a Capped Rod found marking the Southeast comer of the said Section One and the Southwest corner of that certain 3.2701 acre tract of land described in an instrument to Parigi Property Management, Ltd, of record in County Clerk's File No. 2003023009 of the Official Public Records and continue for a total distance of 1,429.19'to a Capped Rod found marking the West line of North Major Drive; the Southeast corner of the said 3.2701 acre tract, the Northeast corner of the said 4.00 acre tract, the East line of the said 147.16 acre tract in a curve to the right and being an angle point on the East line of the herein described tract; Thence Southerly(L14*)with the West line of North Major Drive, the East line of the said 147.16 acre tract, the East line of the said 4.00 acre tract, the East line of the herein described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that bears S 13 041'39" E, a Chord distance of 407.89' of an Arc distance of 410.58' to a point marking the end of said curve and being an angle point on the East line of the herein described tract; Thence S 01 016'48" E (L15) with the West line of North Major Drive,the East line of the said 147.16 acre tract, the East line of the said 4.00 acre tract and the East line of the herein described tract for a distance of 5.18' to a TxDOT Concrete Monument found marking the Northeast corner of Beau Terrance Subdivision of record in Volume 5 on Page 79 of the said Map Records, the Southeast corner of the said 4.00 acres, the Southeast corner of the said 147.16 acre tract and being the Southeast corner of the herein described tract; Thence S 89°01'42" W (L16)with the North line of the said Beau Terrace, the North line of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map Records, the South line of the said 4.00 acre tract, the South line of the said 146.16 acre tract and the South line of the herein described tract for a distance 1,119.67'to a %2" Rod found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of record in Volume 4 on Page 139 of the said Map Records and being an angle point on the South line of the herein described tract; Thence S 88°56'05" W(L17)with the North line of the Block 3, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 561.50' to a %" Rod found marking the Northwest corner of the said Block 3, the Northeast corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the South line of the herein described tract; Thence S 88°54'53" W(L18)with the North line of the said Block 4, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 280.09'to a %z" Rod found marking an angle point on the South line of the herein described tract; Thence S 88°57'06" W(L19)with the North line of the said Pearl Acres Subdivision, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 2,520.72'to the centerline of a 130'wide drainage easement shown on Plat prepared by Garrod&Dartez of record in an instrument to Jefferson County Drainage District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public Records,the Southeast corner of that certain 31.24 acre tract of land described in an instrument to Howard D. Wilcox of record in County Clerk's File No. 2002007175 of Real Property Records of Jefferson County, Texas,being in a curve to the right and being the Southwest corner of the herein described tract; Thence Northerly(L20*) along the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract and the said curve to the right, having a Radius of 345.00', a Chord that bears N 11°48'17" W, a Chord distance of 92.96' for an Arc distance of 93.25' to a point marking the end of said curve and being an angle point on the West line of the herein described tract; Thence N 04°03'25" W(L21) with the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 348.76'to an angle point on the West line of the herein described tract; Thence N 09°30'39" E (L22)with the centerline of the said 130'wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 86.51'to the South line of the said LNVA Canal, the Northeast corner of the said 31.24 acre tract, the North line of the said 147.16 acre tract and being the Northwest corner of the herein described tract; Thence the following five(5) courses along the South line of the LNVA Canal, the North line of the said 147.16 acre tract and the North line of the herein described tract: 1) S 89°47'21" E (L23) for a distance of 362.67'to an angle point. 2)N 81-28'37" E (L24) for a distance of 556.78'to an angle point. 3) N 67-18'33" E (L25) for a distance of 393.49'to an angle point. 4)N 49°50'01" E (L26) for a distance of 1,281.48'to an angle point. 5)N 49 019'18" E (L27) for a distance of 1,341.06'to the point and place of beginning, containing in area, 107.287 acres of land, more or less. SAVE AND EXCEPT: The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such stake is also in the West line of FM Highway 3120. It also locates the beginning of a non- tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius is 1,034.73 feet. THENCE in a Southwesterly direction with the arc of said curve and with the West right- of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a fence corner locating the Southeast corner of said 147.16 acre tract of land and lying in the North line of the Beau Terrace Addition; THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein contemplated. THENCE due North to the south line of said 10 acre tract THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said 10 acre tract to the iron stake in the West line of said Highway No. 3120, making the place of beginning; City of Beaumont, Jefferson County, Texas, Containing 104.287 acres more or less. 10/27/2008 12:29 FAX [a 002 ULOBAT VENTURES IN 78 La Cumbre Circle Phone 805-589-5402 Santa Barbara, CA 93105 Fax 805-687-1821 8yndicator200@yah00,aom October 24, 2008 Dear Mayor and Beaumont City Council Members: I am writing to you In support of Mr. Kerry Moncla's letter dated October. 24, 2008 regarding the 103-acre property at North Major Drive. I am in agreement with the letter's major points which consist of the following: I. I have no Intention of ever building a shopping center on this site nor using this property for commercial purposes. 2. My plan is to construct appi,oximately 250 apartment units in an initial period of two to three years in the area that was designated for a shopping center. This should eliminate any concern about traffic congestion. 3. 1 have no plans at this time to build additional apartments. I also understand that the Council would have to approve any projects that I plan In the future. 4. 1 am requesting approval of this plan to attract development partners to make this a Class A project with many amenities, beginning with the construction of 250 apartment units. S. i am requesting approval of the project In order to demonstrate that the City of Beaumont is in favor of growth and development in this area. 8. Due to time restraints and the current economic difficulties, I am hoping that the city will support my original site plan. This Is with the understanding that 1 will not be building 1,000 apartment resldences any time soon or In the near future, and that I understand that the City would have to approve any further plans that I submit. 'thank you for your understanding and consideration. I look forward to your review and approval of my project. Sincerely, Leo and K an 11 • 1 1 general land 1 1 and spec I 1 ' 11 1 aHow retail X11 general office it apartments in the II ' 1 Unit Development) F,ocation: t ' of 1 between LNVA Canal and 1 Applicant:I Leonard Kirtman for 11 . Inc. 800 1,600 Feet Legend '.1' TMIT o ru 1111111 °= mom �IIIII::11���11�.� :i�.1/► _I _ s E 4 Ss -> .T •.c- t• M ..,. -� "i �_,,,, `v`Y n�-��,�,�+ t.P'i. ;•q mss- �tib �.� 1 � �fl f5 ��� � ��Cam' r�i a,L `'"t ty x t�.. '�� dx�•�®�. 5f, z1�"a:s r• �j t'`"o,,o �^ s cc`> qk.-n •'�'a ."txf i ,'tt+.'":.: �","'�JE�° ` -,�`c N �' �" �•' "u`""'^"4"'J„"'�h''° ti r,��;V,ba.'.4 a•- � " � ; -ctijv,y{�t°�'4i� ,� •� t . ����I�{y��',.,}���y,��y� �"C3. �( 4�73ST*"�'.. .A'. ^C 'S, a't. •+ y K 3 s,,. i�� ti c - . �+'� r.".,, f.�.c i',:�,,�t3x y:. k• J',a,.a f. w,n.y j _ .,, �.•". ..}'„'."'-.`. � �.n �"�,- - c' -.,cc�_ r i=�+,.�_^�as•,,� - roAS`' �<`.d`-',tom..Sari— -.,_r.�S,. .ti,xr J•. •. ia� _. ��• S.r ��`"St`�'1�'tC ,,���,V,i`5� ..�'d�'al��..,.¢i i � � •'� �t..;,. f �+}� 't".a;�. � 1'�. __:.'Y16 �'' t �y�y!�ca 3R,� ^S`t.srw r ti�r`'er^x"a�^k,"' � .. .2� i by h(ta �"��c��3 t`'rte °�; ,n. '�.ri'�.tJ 1 •�T.aA� ?+zr� �ir`, 7'�_,-.�,'J�[ �',• J I 7 November 4,2008 Consider a request to abandon a portion of Chinn Lane RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: November 4,2008 REQUESTED ACTION: Council consider a request to abandon a portion of Chinn Lane. RECOMMENDATION The Administration recommends approval of the request to abandon a portion of Chinn Lane subject to the following conditions: • Retain an exclusive 20' sanitary sewer easement. • The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. BACKGROUND Capital One,N.A., agent for Rosedale Ventures,LP,has requested the abandonment. Chinn Lane, east of Walker, is an improved street. In 1981,the City of Beaumont accepted the right-of-way from the neighboring propeity owners for the purpose of extending Chinn to Major. However,that portion of Chinn,between Major and Walker was never improved and the City now has no intention of constructing the street. Because the City is not going to construct the street,the property owners to either side of the subject property have requested that this portion of Chinn be abandoned. At a Regular Meeting held October 20,2008,the Planning Commission recommended approval 5:0 to abandon a portion of Chinn Lane subject to the following conditions: • Retain an exclusive 20'sanitary sewer easement. • The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 1.67 ACRE PORTION OF CHINN LANE BETWEEN MAJOR DRIVE AND WALKER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 1.67 acre portion of Chinn Lane between Major Drive and Walker Road, in the City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby vacated and abandoned subject to the following conditions: • Retain an exclusive 20' sanitary sewer easement. • The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4`h day of November, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 1.67 acre portion of Chinn Lane described as follows: BEGINNING at a bronze pin encased in concrete, said pin being the intersection of the projected east line of Walker Road with the projected south line of Chinn Lane as recorded on the plat of Bel Air Addition located in the W. B. Dyches League,said plat being recorded in Volume 8, Page 38 of the Map Records, Jefferson County, Texas; THENCE South along the east line of Walker Road a distance of 90.51 feet to a point for a corner; THENCE West a distance of 60.00 feet to a point for a corner,with said point lying on the west line of Walker Road, and said point being the PLACE OF BEGINNING; THENCE N 67° 00' 08" W a distance of 21.72 feet to a point for a corner; THENCE S 670 00' 08" W a distance of 75.15 feet to a point for a corner; THENCE S 63° 18' 04" W a distance of 100.00 feet to a point for a corner; THENCE S 580 28' 00" W a distance of 505.52 feet to a point fora comer; THENCE S 140 36' 00" W a distance of 84.85 feet to a point for a corner with said point lying on the east line of FM 3120; THENCE N 300 24' 00" W along the east line of FM 3120 a distance of 220.00 feet to a point for a corner; THENCE S 750 24' 00" E a distance of 84.85 feet to a point for a corner; THENCE N 600 44' 00" E a distance of 505.52 feet to a point for a corner; THENCE N 630 18' 04" E a distance of 100.00 feet to a point for a corner; THENCE N 670 00' 08" E a distance of 100.00 feet to a point for a corner; THENCE N 700 42' 11" E a distance of a 39.84 feet to a point for a corner, said point lying on the west line of Walker Road; THENCE South along the west line of Walker Road a distance of 100.37 feet to the PLACE OF BEGINNING, City of Beaumont, Jefferson County, Texas, containing 1.67 acres,more or less. EXHIBIT `A' File 4-OB: Request for the abandonment of a portion of Chinn Lane. Location: Between Major and Walker pplicant: Capital.One, N.A. 0 100 200 . I Feet { Legend 73*40B. I CHINN LN Z D Z N m 'A \l m EXHIBIT "B" 8 November 4, 2008 Consider a request to abandon a utility easement located on the property at 1550 IH-10 East RICH WITH OPPORTUNITY [1EAUM011* T • E ,• X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G 5� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4,2008 REQUESTED ACTION: Council consider a request to abandon a utility easement. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Montgomery and Associates has applied for the abandonment of a utility easement located on the property at 1550 IH-10 E. The property is the site of a former Burger King restaurant. Jack in the Box restaurant is leasing the site and will redevelop the property. Under the current configuration,the surface of the easement was paved over and used for driveway and parking purposes. Jack in the Box intends to redevelop the site with improvements overlaying the platted easement. At a Regular Meeting held October 20, 2008,the Planning Commission recommended approval 5:0 to abandon a utility easement located on the property at 1550 IH-10 E. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 10' x 100' UTILITY EASEMENT LOCATED AT 1550 IH-10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a utility easement located at 1550 IH-10 East, being a 10' x 100' utility easement beginning at the south right-of-way line of Isla Avenue and running in a southerly direction for a distance of 100' to the north right-of-way line of the IH-10 feeder road, City of Beaumont, Jefferson County, Texas, containing 0.02 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 41h day of November, 2008. - Mayor Becky Ames - File - B: Request for the abandonment of a utility easement. Location: 1550 IH-10 E Applicant: Montgomery& Associates 0 100 200 I I Feet I Legend ® 738-oB 1 C LI c i y LI GC-,MD I t 1 _ISLA ST I i i l , I IH 10 E WBS - --- `_ fir- ------�_"�---- 1 i I IH1-0E -- o 0 I;0 ESS � I i LI ; LI I LI EXHIBIT `A' 9 November 4,2048 Consider authorizing the City Manager to execute an Industrial District Contract with Sartomer Company I(ICII WITH OPPORTUNITY 17L A►[I 1�1 C1 I ( T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager yjv-�� PREPARED BY: Laura Clark, Chief Financial OfficerV� MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Sartomer Company. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Sartomer Company. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. Previously, Goodyear Tire and Rubber Company, whom we have an industrial agreement with, sold part of its operations to Sartomer Company. The City is entering into an initial industrial contract with Sartomer Company that will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment by Sartomer will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008. Payments will be due to the City by February I"of each year. A copy of the agreement is attached for your review. BUDGETARYIMPACT Sartomer Company's FY 2009 payment is estimated to be $147,500 of the $15,782,000 of industrial payments expected in FY 2009. 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 Industrial District Contract with Sartomer Company. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Sartomer Company, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 1 EXHIBIT `A' ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009, and calculated as follows: SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2009 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2010 - 2011 payments shall be 80% of assumed City taxes due. The 2012 - 2015 payments shall be 75% of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt SAAGENDA\AGENDA ITEM MEMOS\Sanomer 2009.doc 3 of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly and as to payments due under this contract no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. SA\AGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 4 ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 5 Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. ARTICLE IV TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 6 ARTICLE V TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VI NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Plant Manager City of Beaumont Sartomer Company 801 Main PO Box 20957 Beaumont, Texas 77704 Beaumont, TX 77720-0957 ARTICLE VII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. SA\AGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 7 IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of 2008. CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk SARTOMER COMPANY mom" f5 By: U�'v CIA WDocuments and SettingsAvoltz\Local Settings\Tempomry Intemet FiWs OLKI\Sanomer 2009.doc 10 November 4,2008 Consider approving an agreement for public adjusting services for insured losses associated with the Hurricane Ike disaster Program Attachment term. The Contractor shall submit paid invoices for reimbursement no later than 30 days after the Program Attachment term. Contractor shall also forward proof of payment (e.g., copy of canceled check or a paid invoice with a zero balance) and a copy of the shipping invoice showing the delivery date of any item(s) that were claimed for reimbursement by this method. Invoices and all supporting documentation shall be submitted to the address below. Department of State Health Services Office of EMS and Trauma Systems Coordination Attn: Contract Manager P.O. Box 149347 MC: 1876 Austin, Texas 78714-9347 SECTION VII. SPECIAL PROVISIONS: For the purposes of this Program Attachment, and as specified in the RFP, Disposable supplies, Personnel,Fringe Benefits,Land Purchases,Buildings,Day-to-day Operating Expenses(e.g.,Fuel, Insurance, Loan Payments, Rent, etc) and Indirect Costs are not allowable costs. If the total costs of the project are greater than the DSHS amount of funding as contained within SECTION VIII. BUDGET, Contractor shall obtain funds for the remaining costs in order to accomplish project activities agreed upon herein. DSHS may withhold or deny payment in accordance with the General Provisions if project requirements are not accomplished or sufficiently documented. General Provisions, Compliance and Reporting Article,Reporting Sections are not applicable to this Program Attachment. General Provisions,Services Article,Education to Persons in Residential Facilities,Consent to Medical Care, and Telemedicine Medical Services through Cost Effective Purchasing of Medications Sections are not applicable to this Program Attachment. General Provisions,Funding Article,Use for Match Prohibited Section are not applicable to this Program Attachment. General Provisions,Payment Methods and Restrictions Article,Financial Status Reports(FSRs) Section is not applicable to this Program Attachment. General Provisions, Confidentiality Article, Exchange of Client-Identifying Information, Security of Patient or Client Records,and HIV/AIDS Model Workplace Guidelines Sections are not applicable to this Program Attachment. General Provisions,Notice Requirements Article,Child Abuse Reporting Requirement Section is PROGRAM ATTACHMENT—Page 2 not applicable to this Program Attachment. General Provisions,General Business Operations of Contractor Article,Insurance and Bonding, Cost Allocation Plan through Historically Underutilized Businesses (HUBs), Contracts with Subrecipient Subcontractors through Incorporation of Terms,and Equipment and Controlled Assets Purchases through Assets as Collateral Prohibited Sections are not applicable to this Program Attachment. SECTION VIII. BUDGET SOURCE OF FUNDS: State Total reimbursements will not exceed$19,410.00. The items and/or projects being funded are specified in Exhibit A,which is attached hereto and made a part hereof. PROGRAM ATTACHMENT—Page 3 Exhibit A Texas Department of State Health Services 2009 EMS Local Projects Grant Awards Name of Organization: Beaumont Public Health/EMS, City of Total Award: $19,410 Approved Project(s)- (Quantity, Item, Award Amount per Item): (5) Power Stretchers $2,000; (12) EZ-10 Sets $500; (6) Backboards $200; (3) Pedi Immobilization Boards $270; (2) Stair Chairs $700 Utilizing your 2009 Local Projects Grant Award • The attached contract details your obligations for this grant. • Any cost incurred prior to the start date listed in the contract will not be reimbursed. • In all cases where matching funds are required, reimbursement from DSHS will not exceed the award amount or half of the cost of the item, which ever is less. • Requesting reimbursement: - All awardees must submit invoice(s) which list the item(s) and price(s), dated within the contract period. - All awardees must submit copies of paid receipts or cancelled checks. - Awardees of education/training funds must also submit copies of course completion certificates of students. - All awardees must fax reimbursement documents to 512/834-6611 OR mail to: Texas Department of State Health Services Office of EMS and Trauma Systems Coordination MC 1876 Attn: Contract Manager P.O. Box 149347 Austin, TX 78714-9347 • DSHS retains the right to refuse reimbursement for requests deemed erred ina pP P ro riate. 2009-030387-001 Categorical Budget: PERSONNEL $0.00_' FRINGE BENEFITS $0.00 TRAVEL $0.00 EQUIPMENT $0.00 SUPPLIES $19,410.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $19,410.00 INDIRECT"CHARGES TOTAL $19,410.00 3SHa SHARE,' $19;41€}.00 CONTRACTOR SHARE $0.00 OT ER MATCH" $0 00 Total reimbursements will not exceed $19,410.00 D RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director At MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with g p ty temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Ike disaster. BACKGROUND Workforce Solutions of Southeast Texas announced that it had secured a grant to pay wages for non full-time employees working in our recovery effort. The grant is provided by the National Emergency Grant(NEG)program to employ temporary workers to help with Hurricane Ike clean up,restoration and humanitarian efforts. The NEG program consists of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Work Site Employer is given job functions to perform under the guidance and supervision of the Work Site Employer. The Workforce Solutions of Southeast Texas has contracted with Advanced Staffing to serve as a third party employer and all workers paid through this program must register with and be paid by Advanced Staffing. City departments have identified the need for approximately 29 temporary workers. The NEG grant program ends no later than March 31, 2009, unless otherwise noted. This program will serve as another recruiting source for full-time employees for the City. BUDGETARY IMPACT None. NATIONAL EMERGENCY GRANT (NEG) Contract# Temporary Disaster Relief Jobs Pro NEG-09-100- WORKFORCE SOLUTIONS Worksite� Program Worksite Employer is: SOUTHEAST TEXAS Worksite Agreement ( ) Public Non Profit ( ) Private Non-Profit ( ) Governmental O- N V is= AGENCY NAME City Of Beaumont Beaumont Workforce Solution PHYSICAL ADDRESS 801 Main Street 304 Pearl Street CITY,STATE,ZIP Beaumont, TX 77701 Beaumont, TX 77701 MAILING ADDRESS PO Box 3827 304 Pearl Street CITY,STATE,ZIP Beaumont, TX 77704 Beaumont, TX 77701 TELEPHONE NUMBER 409 880-3124 409-839-8045 ALT. PHONE NUMBER 409 880-3104 FAX NUMBER 409 880-3108 409-832-4769 CONTACT PERSON Walterine Brown Alexis Smith Ibabino(cDci.beaumont.tx.us EMAIL ADDRESS wabrown ci.beaumont.tx.us alexis.smith@setworks.org This worksite agreement may begin upon the date of execution and/or date of mandatory evacuation with a projected end date of March 31, 2009. The worksite employer agrees to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act(W/A) Title I National Emergency Grant(NEG) covered under Federal Disaster Declaration FEMA. Program Overview This NEG program shall consist of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Solutions of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Solutions of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and/or disaster. Workforce Solutions of Southeast Texas will contract with a Professional Employer Organization to provide the direct services and will be the employer-of-record for temporary worksite employees for the National Emergency Grant. Form NEG 001 Page 1 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1-Amended To be in compliance with State and Federal Regulations each party involved must adhere to this agreement which lists the terms, conditions, roles and responsibilities. The Agency/Worksite Employer signature attests that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of Southeast Texas and Professional Employer Organization Roles and Responsibilities). Limitations on Participation The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment under this National Emergency Grant must end no later than March 31, 2009 unless otherwise noted. These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and Employer of Record. Furthermore, the Worksite Employer must ensure that NEG participants'wages are based on the prevailing rate of pay for individuals employed in similar occupations by said employer. In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be documented on the NEG Worksite Employer/Employee Agreement(NEG 002). Temporary employment under the NEG is considered employment for the purpose of reporting wages for Unemployment Insurance(UI)or Disaster Unemployment Assistance (DUA) benefits. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of an claims, damages, losses or expenses Y of an character whatsoever resulting in whole Y hole or in art from 9 p the negligent performance or P omission of either party's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Termination This Agreement may be terminated as follows: A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten (10) calendar days prior written notice to the other party. B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment, determine that. 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Solutions of Southeast Texas; or Form NEG 001 Page 2 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1—Amended 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Notice Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities • Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee) • Employers • Employees • Employer of Record Responsibilities of Workforce Solutions of Southeast Texas Workforce Solutions of Southeast Texas accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitorina The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or any of its agents and/or subcontractors, and the US Department of Labor (DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Responsibilities of the Worksite Emolover The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on-site supervision of participants. Form NEG 001 Page 3 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants'conformance with the Worksite Employer's Personnel Rules of Conduct. E. Provide orientation and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Solutions of Southeast Texas representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. I. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. O. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Solutions of Southeast Texas. Form Page 4 of 5 WFSSET Original—Workforce Center ET(10/0/08)( g Copy—Employer Directive 08-32 Attachment 1—Amended V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal funds. Implement administrative controls to ensure that costs for wages and other costs that the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. W. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three(3)years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets,supervisor assignments, this Agreement, etc. X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster-related work activities. The Worksite Employer shall notify Workforce Solutions of Southeast Texas of any changes to the required work hours,job description, and/or if the disaster recovery work has been completed and the job needs to be ended. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name Workforce Solutions of Southeast Texas Signature Authority Signature Authority Print Name Print Name Form NEG 001 Page 5 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended Title Title Date Date Form NEG 001 Page 6 of 5 Original—Workforce Center WFSSET(10/08) Copy—Employer Directive 08-32 Attachment 1 —Amended 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 with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers for the purpose of cleanup, restoration and humanitarian efforts made necessary as a direct result of recovery efforts associated with Hurricane Ike. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - E RICH WITH OPPORTUNITY [1EA,1114011 T • E , x , A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CS3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council approve a resolution authorizing the reallocation of. $40,500 from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget in order to fund Experience Corps of Southeast Texas. RECOMMENDATION Administration recommends the reallocation of these funds to support Experience Corps of Southeast Texas. BACKGROUND On September 9, 2008, Ms. Stephanie Lartigue, Executive Director of Experience Corps of Southeast Texas,requested assistance from the City Council to fund this program. Council heard the presentation describing the intergenerational tutoring program that utilizes the time,talents and patience of senior citizens to help school-age students. The program has been operating in the Port Arthur School District since 1995 and is now looking to expand into the Beaumont School District. Individual tutoring is provided to students who have been identified by their teachers as the lowest performing students or students at risk of failure. These awarded funds will be used to pay salaries and purchase equipment and supplies for the program, targeting children from low-to-moderate income families who attend six Beaumont Elementary Schools. BUDGETARYIMPACT The 2008 Community Development Block Grant Program will be amended to reflect a$40,500 decrease in the Clearance and Demolition Line Item and an increase to the Public Services Line by the same amount. EXPERIENCE CORPS`° ,, o FaSCe c ���,O•,r_7x. 7710 ^ Phone[0091 A"-Hhf Ems.M5-fax M-"MX A Division of the South East Texas Regional Planning C'.nmRtLQSInn July 2-3, 2008 Mr. Kyle Haynes, Enclosed is the agreement for services to be provided by Experience Corps South Fast Texas for the recruitment, training and placement of 18 volunteer members for the 2008-2009 school year. (Please sign and return in the self addressed envelope provided.) Your total agreement amount of$40,301.50 is in three installments of$13,433.83. An invoice will be mailed on August 31, 2008 /December 31, 2008 /and May 31, 2009. Please make payments payable to Experience Corps SE Texas. Again, thank you for your commitment and support. We are looking forward to a successful and exciting school year with Experience Corps and the City of Beaumont. Sincerely ,Slop ,!"izrti�ue.%aeasG3ar� � . . Program Director Experience Corps SE Texas Office (409) 899-8444 ext. 315 Cell (409) 351-6890 spearson ®,setrpc.org Experience Corps SE Texas 2008-2009 District Cost for Beaumont Category / Budget Per Per Use of Funds Total Beaumont School Volunteer # of Volunteers 64 18 6 1 1. Sal $58,293 $169112 $2,685 $895 2. Fringe Benefits $269465 $7,379 $19230 $410. 3. Indirect $199748 $59403 $900 $300 4. Supplies $1 ,920 $ 540 $90 $30 5. Volunteer Tminin $1 , 000 $500 $83 $27 6. Local travel $21 ,041 $6,355 $1 ,059 $353 7. Space $7,146 $3,573 $595 $198 8. Other(equipment) $500 $500 $84 $28 9. Volunteer Incentives $1191680 $33,660 $59610 $1 ,870 10.Team Leader Incentives $7,830 $39240 $540 $180 11.ParentalInvolvement $1 ,000 $500 $84 $27 12. Uniforms $405 $405 $67 $23 13.Recruitment/advertisement $500 $500 $83 $28 14. Volunteer Insurance $485 $136 $23 $8 15. Recognition $9,600 $19800 $300 $100 16. Long Distance Travel $39000 --------- ---- ---- TOTALS $2789613 $80,603 $139433 $4,457 EXPERIENCE CORPS` South East Texas BUDGET NARRATIVE 2008-2009 (based on 18 BISD members sharing cost with 46 PAISD members) 1. Salary: Program Director and coordinator. The amount for the Program Director does not reflect release time. The Program Director is full time. The coordinator is part time. Cost of release time, which is calculated at 15.1% of gross payroll, is included under Fringe Benefits. Program Director is responsible for all areas of the program including recruitment, training,monitoring, securing of funds, program goals and reporting. The coordinator is responsible for data entry, record keeping and evaluations, which includes managing office necessities. Beaumont cost$16,112 2. Be nefits: The South East Texas Regional Planning Commission's fringe benefit program includes annual leave, medical, dental, disability, term life and workmen's compensation insurance; and a retirement program. The South East Texas Regional Planning Commission does not participate in Social Security coverage and is a reimbursing,rather than an insured, employer in unemployment compensation. The planning Commission has a current fringe benefit allocation rate of 45.4%. Benefits are allocated to chargeable salaries at this rate rather than at actual cost. Total cost is $ Beaumont cost $7,379 3. Indirect Program/Operating Site: Indirect is computed at 23.3%of the cost of the total personnel expenses. Indirect costs will cover,postage, telephone/fax expenses, audit, fiscal and administrative support. Beaumont cost $5,403 4. Su lies: Each member will have a$30 supply allowance for the year, which includes material needed for individualized tutoring sessions (paper,pencils, worksheets, books, learning games, posters etc...) Beaumont cost $540 5. Volunteer training — binders, folders, copy papers, handouts and refreshments for trainings and in service. Beaumont cost $500 I 6. Local Travel- each member receives $35 travel reimbursement per month for 8 months (Sept. April) and$17.50 for half the month of May = $13,685. Program director and coordinator receives mileage reimbursement at .505 per mile at approximately$2,000 per year. Beaumont cost $6,355 7. S ace - office space at SETRPC is $7,146 per year. Beaumont cost $3,573 8. Eauiument office machinery and yearly maintenance Beaumont cost $500 9. Volunteer Incentives-each(18)member that completes assigned hours will receive $220 per month for 8 months and$110 for 1 month= Beaumont cost $33,660 10. Team leader incentive-each of the 6 schools will have one team leader ($60 per month)for 9 months. Beaumont cost $3,240 11. Parental Involvement Activities- The 8 elementary schools will host three parental involvement activities:Flyers and advertisements will be sent home with students and information given at each event. Open House (continental breakfast served) and Show and "Tale" (refreshments served and books given to the students) Summer Reading Packages (envelope packages, calendar of activities, book reading list and worksheets) Beaumont cost $500 12. UniformS-Each new volunteers will receive a green Experience Corps vest$18.00 with logo imprinted on the back and a nametag $4.50. All members will be given identical paraphernalia for identification purposes and recruitment purposes. Beaumont cost $405 13. Advertisement/recruitment advertisement flyers, and handouts for expansion and informational purposes. Beaumont cost $500 14. Volunteer Insurance — Accident insurance $3.75 per person, personal liability$1.72, ($5.47 per 46 members)VIS membership fee $135.00. Beaumont cost $136.00 I 15.Recognition —This amount includes year end appreciation luncheon and gifts/tokens of appreciation. Each member price at$150.00 per year. Beaumont cost $1,800 16.Long Distance Travel . Program Director and or program staff attend yearly national conference for training and networking purposes. Beaumont cost $0 Beaumont Cost 80 603.00 TOTAL BUDGET , 278 613.00 i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe City Council hereby approves the reallocation of$40,500 from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget to fund and support Experience Corps of Southeast Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,[114011T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property along Old Dowlen Road. BACKGROUND The City of Beaumont is planning improvements to Old Dowlen Road from State Highway 105 to Dowlen Road. The 3.5176 acres tract is for the purpose of locating, constructing and maintaining a drainage right-of-way for the Old Dowlen Road Project. Weston Trails Property, Ltd., owner of the property listed below, has agreed to convey their property to the City for the negotiated value: 3.5176 acres tract out of Tract 1-H-1, City Plat RS-4, W. B. Dyches Survey [Old Dowlen Road] Negotiated Value: $300,000 BUDGETARY IMPACT Funds are available in the Capital Program. engold-dow len_martin-ib.wpd 29 October 2008 RESOLUTION NO. WHEREAS, an agreement has been negotiated in the amount of$300,000 for the acquisition of land located along Old Dowlen Road, being a 3.5176 acre tract out of Tract 1-H- 1, City Plat RS-4,W. B. Dyches Survey[Old Dowlen Road], Beaumont,Texas,as described in Exhibit "A" and shown on Exhibit "B" attached hereto, for the purpose of locating, constructing and maintaining a drainage right-of-way for the Old Dowlen Road Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following land, as described in Exhibit"A"and shown on Exhibit"B" attached hereto,for the purpose of locating, constructing and maintaining a drainage right-of- way for the Old Dowlen Road Project, be and the same is hereby, approved: 3.5176 acres tract out of Tract 1-H-1, City Plat RS-4, W. B. Dyches Survey [Old Dowlen Road] Negotiated Value: $300,000 Owner: Weston Trails Property, Ltd. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 3.5176 Acre Tract W. B. Dyches Survey, Abstract No. 17 Beaumont, Jefferson County, Texas i BEING a 3.5176 acre tract of land situated in the W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of the remainder of that certain called 118.598 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Weston Trails Property, Ltd. as recorded in Clerk's File No. 1999023143, Official Public Records of Real Property, Jefferson County, Texas, said 3.5176 acre tract being more particularly described as follows: NOTE: All bearings are based on that certain called 15.02 acre tract of land as , recorded in Clerk's File No. 2004032108, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 86°5759" WEST. All set 518" iron rods set with a cap stamped "M. W. Whiteley &Associates". BEGINNING at an iron rod with a cap found for the Southeast corner of the tract of land herein described, said corner also being the Northeast corner of that certain called 15.02 acre tract, I identified as TRACT II as described in a "Special Warranty Deed" from Weston Trails Property, Ltd. to Lynch Texas Pointe, LLC as recorded in Clerk's File No. 2004032108, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the West right-of- way line of Old Dowlen Road; THENCE SOUTH 86 057'59" WEST, for the boundary between the tract herein described and the said 15.02 acre Lynch Texas Pointe, LLC tract, the same being the South line of the remainder of the said 118.598 acre Weston Trails Property, Ltd. tract, for a distance of 1458.44 feet to an iron rod with a cap found for corner, said corner being the Northwest corner of the said 15.02 acre Lynch Texas Pointe, LLC tract and also being in the East line of that certain called 294.8436 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 1 2002000092, Official Public Records of Real Property, Jefferson County, Texas, the same being the East line of that certain called 7.57 acre easement, identified as Tract 2-C, also known as Ditch 123-A, as described in a deed from Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 04°05'21" WEST, for the boundary between the remainder of the said I 118.598 acre Weston Trails Property, Ltd. tract and the said 294.8436 acre Northwest Beaumont Development, Ltd. tract, for a distance of 105.02 feet to a 5/8" iron rod set for corner; THENCE NORTH 86 057'59" EAST, parallel and 105.00 feet perpendicular to the North line of ; the said 15.02 acre Lynch Texas Pointe, LLC tract, for a distance of 1460.14 feet to a 5/8" iron rod set for corner, said comer being in the East line of the remainder of the said 118.598 acre j Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road; i EXHIBIT "A" j Page 1 of 2 ' ,VARK W. WHITELEY AND ASSOCIATES,INC. a THENCE SOUTH 03 009'50" EAST, along and with the East line of the remainder of the said 118.598 acre Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road, for a distance of 105.00 feet to the POINT OF BEGINNING and containing 3.5176 ACRES, more or less. i Surveyed on January 30, 2008 and revised July 31, 2008. This leg al description is being submitted along with a plat based on this survey (see EXHIBIT "B"). THOMA �S. N� Vi --��� ............................ 5728 Thomas S. Rowe RPLS No. 5728 -7, •:� W:2007 07-I Si 07-13imBc6.doc �- t I� I i I I i I I I 1 1 EXHIBIT "A" Page 2 of 2 MARK W. WHITELEY AND ASSOCIATES,INC. ------------- - I \� 70" WIDE DO6 DRAINAGE EASEMENT CALLED 2.418 ACRES, TRACT 2-1 W ¢ CF. NO. 98-9809840 W ¢ '� OPRJC oto o FND 314" ----------------------------------------- ----------------------- -- - W U Qj 1 L ROD O W 1 -)�--Z O Q o U Z N o a O n DYCHSU W.B. 17 CALLED 0.703 ACRES N STACT • G.S.U. SUBSTATION 0 o z AR VOL. 1651, PG. 451 lV DRJC V W (Z to Ln REMAINDER OF CALLED 118.598 ACRES FND GSU V CONC. MOON. "' ° WESTON TRAILS PROPERTY, LTD. 3 o CF. NO. 1999023143 OPRJC N 4 f o o FND S03'09'50 E 193.82' 5 Jo s1rROD FND N86 057'59"E 1460.14' (z Z) p iVLZ o mmuj o� I` SET 5 8 q m� Oct a FND 1. ROD FND 3.5176 ACRES 1. ROD o JO z WITH CAP o �4, FND S86°57'59"W 1458.44' Z FND N04'OS�21"W 98.66' [CALL S86'57"59"W 1458.37') a i (CALL N04'0 06"W 98.73) REFERENCE BEARING PER CF. NO. 2004032108, OPRJC FND 1. ROD FND 1. O O BENT CALLED 15.02 ACRES WITH CAP N o OD6 DISK q (BENT) TRACT 11 o N LYNCH TEXAS POINTE, LLC. q 300.00 ACRES rn rn TRACT 1 CF. NO. 2004032108 vv a JEFFERSON COUNTY DRAANAGE OPRJC -u w O DISTRICT NO. 6 NOTE 0 0 FC. NO. 104-01-0353 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING o O OPRJC OWNERSHIP OR TITLE LINE BEARING DISTANCE 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL V) JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION p-� L1 N 04'05'21" W 105.02' AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE L L2 S 03'09'50" E 105.00' WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFE55IONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. B FND 1. ROD EXHIBIT TO THE OWNERS OF THE REMISES SURVEYED WITH CAP AS OF THE DATE OF THE SURVEY. REFER TO EXHIBIT "A" FOR FIELD NOTE DESCRIPTION &REVISED NORTH LINE OF TRACT OF LAND 1, THOMAS S. ROWE DO HEREBY CERTIFY THA7 THIS SURVEY WAS THIS DAY CLENr: MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED CITY OF BEAUMONT HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND .A. THE TIME on eV: coo : s)�fEr wo.: OF THE SURVEY. '.''� . Acw 2008 1 1 of 1 0 F j,:` w: 2007 Or-)es 3.5176 ACRE TRACT DATE SURVEYED: JANUARY 30, 2008 ti'r•••.� 07-185 07-185.DWG 1 '' W.B. DYCHES SURVEY, REVISED: JULY 31, 2008 +ARK . WHITELEY' `:�' � ABSTRACT N0. 17 D ASSOCIATES BEAUMONT, JEFFERSON ..... . ...I. S.P_iOIIV� [NCOftPORATED�F,�-y78• ••;`�:4� TING ENGINEERS. COUNTY TEXAS ORS, AND PLANNERS P.THOMAS S. ROWS - REGISTERED PROFESS ON `-J�,Afyp-'3U 3 t 6fT No. 5728 suuwo!x.°roue arr2a_54n eu woxrr"'m`ious"`rri,� 400 892-0421 (rAX) 400-eat-1348 I G RICH WITH OPPORTUNITY IIIL7A,[11�ICIIIT T • E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: November 4, 2008 REQUESTED QU STED ACTION: Consider a resolution authorizin g the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al to resolve the legal issues arising out of the April 24, 2008, Grade I1 examination. BACKGROUND Council discussed this lawsuit in Executive Sessions held on July 15, 2008, and October 21, 2008. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al was discussed in Executive Sessions properly called and held on Tuesday, July 15, 2008, and October 21, 2008; and WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the above-referenced lawsuit to resolve the legal issues arising out of the April 24, 2008, Grade II examination. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute the necessary agreements in settlement of said lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r T • E X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider authorizing the purchase of a drainage easement. RECOMMENDATION The Administration recommends authorizing the purchase of a permanent drainage easement as part of the Calder Avenue Drainage Project. BACKGROUND JPE, LTD., through its president, Joe Penland, Jr., has agreed to convey an eighty-five(85) foot wide permanent drainage easement and adjacent temporary construction easements to the City of Beaumont. The easement [out of Tract 1, Steam Mill Square, Original Townsite of Beaumont] is part of the Calder Avenue Drainage Project where concrete box culverts are being installed to improve drainage from Calder, along Elizabeth Street to the Neches River. The owners of the above named property have agreed to convey the easement for the appraised value of$3,000.00 [Appraiser: Bishop Real Estate Appraisers, Inc.]. BUDGETARY IMPACT Funds are available in the Capital Program. \engcalder-penland_project-ib 30 October 2008 RESOLUTION NO. WHEREAS, an agreement has been negotiated with Joe Penland, Jr., President of JPE, LTD, in the amount of $3,000 for the acquisition of an eighty-five foot (85') wide permanent drainage easement and adjacent temporary construction easements,being a 0.11 acre parcel situated in the Noah Tevis Survey,A-52, Beaumont,Jefferson County,Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, for the Calder Avenue Drainage Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the permanent drainage easement and temporary construction easements, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, in the amount of $3,000 for the Calder Avenue Drainage Project be and the same are hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - W "Recognizing the landmarks of the past....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sims,Jr.,RPLS Michael S.Kethan,RPLS EXHIBIT"A" Page 1 of 2 February 4, 2008 Surveyor's Field Note Description: 0.11 Acre Storm Sewer Easement BEING a 0.11 acre (4,964 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County, Texas, out of a called 1.243 acre tract conveyed to Landeros Construction, Inc. by Warranty Deed with Vendor's Lien dated October 17, 1990 recorded under Clerk's File No. 9031787 of the Jefferson County Official Public Records of Real Property, and being out of the Mill Square of the Original Town Site of Beaumont according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson County Map Records, said 0.11 acre more particularly described by metes and bounds as follows; COMMENCING, at a point in the east right of way line of Cypress Street, for the most northerly corner of said 1.243 acre tract; THENCE, South 42°58'30" East, 115.22 feet along the westerly bank of the Neches River, and the east line of said 1.243 acres to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the northeast corner and POINT OF BEGINNING, of the herein described parcel; THENCE, South 42 058'30" East, 85.61 feet along the westerly bank of said Neches River, and the east line of said 1.243 acres to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the southeast corner of the herein described parcel; THENCE, South 86 035'26" West, 79.96 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") in the easterly line of a Port of Beaumont Tract, Jefferson County Appraisal District account number 003200000027300000006, and the westerly line of said 1.243 acres, for the southwest corner of the herein described parcel; THENCE, North 20°07'38" West, 5.78 feet along the easterly line of said Port of Beaumont Tract, and the westerly line of said 1.243 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for an angle point in the easterly line of said Port of Beaumont Tract, the westerly line of said 1.243 acre tract, and a southwesterly corner of the herein described parcel; THENCE, North 40 028'42" West, 75.77 feet along the easterly line of said Port of Beaumont Tract, and the westerly line of said 1.243 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for the northwest corner of the herein described parcel; THENCE, North 86 035'26" East, 72.77 feet to the POINT OF BEGINNING, CONTAINING 0.11 acre (4,964 square feet) of land in Jefferson County, Texas. (This description is based upon a survey made on the ground under my direct supervision on January 8, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection, South C ntral Zone, North American Datum (NAD83). Reg ered Professional Land Surkeyor CO 0 GISTERFO.9d, N:\Survey_data\PROJECTS\Projects2006\2006-045\02\M&B c RICHARD L.WORTHEY ,'O,9 4964 Q,�•. 7999 Gladys Avenue, Suite 102 SS%O�;•�Q' Beaumont,Texas 77706-3109 N�SURV�'� Tel: 409.866.9769 Fax: 409.866.7075. www.wortech.com / 7�7 VICINITY MAP % N.T.S. HAZEL .e IE NORTH CALDER SITE MCFADDIN El 17A ETH CALDER i 3 MULBERRY BROADWAY 0' 20' W. 80' z SCALE: 1"=40' POC FNO. i-I.P. N.CDR.OF 1.243 ACRES s Ass NOAH TEV7S SURVEY, p-52 _ s JEFFERSON COUNTY, TEXAS $a F 8� 's L7 q rn TEMPORARY a'. EASEMENT POB V N 88'35'28" E 4' 72.77' STORM SEWER EASEMENT 4- } 0.11 ACRE CK� gO.Sj S 4964 SQ. FP. �cbs �Stsp• LINE BEARING DISTANCE L1 5 475830 E 22.05 L2 5 475830 E 2203 CIO� W N 2Q 3B W 17.75 vi r 79.98' L4 N 20'0 38 W 5.78 Vl o -S- t'� S 88'35'28" W LS N 40.2842 W 1.03 'yA o .S, - ( 76 N OS2434 W 18.18 t1j q "' e'w TEMPORARY EASEMENT ? v N 86'35 28 E 59.34 r - 5 86'35'26" W 88.90' z CALLED ACRES TO IANDEROS CONSTRUCTION,INC. £ BY WARRANTY DEED WITH VENDOR'S LIEN M ILL SQUARE DATED OCTOBER 17, 1990 _ C.F.NO.9031787 OR/C/NAG u J.C.O.PJT.R.P. TOWN S17E OF I' 8MUMONT ML. 448, PC. 249 1. All bearings shown hereon referenced to ✓.C.M.R. the Texas State Plane Coordinate System, = Lambert Projection, North American datum I crsyQ Q m of 1983 (NAD 83), South Central Zone (U.S. A A13STRACT v3 Survey Foot). C CALLED FND. 1/2-I.R. u \ C.F. - CLERK'S FILE S.W.COR.MILL SQUARE 2. This survey Was prepared without the FND• FOUND benefit of a current Commitment for Title I.R. IRON ROD NO. NUMBER Insurance or Abstractor's Certificate and J.C.O.P.R.R.P. JEFFERSON AMY OMCIAL PUBLIC therefore easements or encumbrances may Poo RECORDS OF REAL PROPERTY exist which are not shown hereon. No POC POINT OF BEGINNING PONT research of the Public Records of Jefferson OF COMMENCEMENT regarding these easements or encumbrances was performed by WORTECH CapYdght 2008.All rights reserved.Duplication In any farm Land Surveyors, Inc. whh-t the express written permlsslan of WORTECH Land Surveyors,Inc.Is strlctty prohibited.This survey is prepared 3. "S" denotes a set 5/8" iron rod with for the exclusive use and benefit or the parties listed hereon. Liability to third parties may not be transferred or assigned. cap (stamped "Wortech Surveyors'). JOB N0: 2006-045-02 we WORTECH Land Surveyors, Inc, acting by and FIELD BOOK: 665 through Richard Worthey, a Registered Professional DR.BY: RWG t�O F TF Land Surveyor, hereby certify that the drawing shown DATE: 1/24/08 'J'..STEM �9 hereon is a true and correct representation made on SCALE: 1 -40 the ground, under my supervision, being situated in the Noah Tevis Survey, A-52 of Jefferson County, WRTE C H RIC;,yHARD L WORTHEY Texas. • o4964��:Q Surve : February 4, 200 LAND SURVEYORS, INC. ey':ES5% 7999 Gladys Avenue,Suite 102 ��SURV� Beaurhont,Texas.77706-3109 Tel: 409.866.9769 THIS DOCUMENT NOT vAUD Registered Professional Land S eyor Fax:409.866.7075 WITHOUT ORIGINAL SEAL AND www.wortech.corn SIGNATURE OF PERSON CERTIFYING RICH WITH OPPORTUNITY 1 T * E * X * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 4, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-15/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place(bar) in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street 2. Consider a request for a specific use permit to allow an attorney's office in a RCR (Residential Conservation and Revitalization)District at 2325 Liberty 3. Consider a request for a specific use permit to allow a cosmetic company in a GC- MD (General Commercial-Multiple Family Dwelling)District at 75 N. Major Drive 4. Consider a request for a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans 5. Consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in a LI (Light Industrial)District 6. Consider a request for a general land use and a specific use permit to allow 250 apartments in the PUD (Planned Unit Development)District located on the west side of N. Major between the LNVA Canal and Perl Road 7. Consider a request to abandon a portion of Chinn Lane 8. Consider a request to abandon a utility easement located on the property at 1550 111-10 East 9. Consider authorizing the City Manager to execute an Industrial District Contract with Sartomer Company 10. Consider approving an agreement for public adjusting services for insured losses associated with the Hurricane Ike disaster 11. Consider approving a contract for street, drainage and sidewalk improvements on various streets in the downtown area(Park, Neches, North Pearl, College, Wall, Forsythe, Fannin, Bowie, Liberty and Broadway) 12. Consider accepting the Grand Recap of the tax roll for the tax year 2008 (Fiscal Year 2009) 13. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department 14. Consider approving an amendment to the Lease Agreement with the Industrial Safety Training Council (ISTC) 15. Consider approving a contract for the Archive Building Addition to the Tyrrell Historical Library 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: Tina Lewallen vs. the City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Tina Broussard, 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 4, 2008 Consider a request for a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street r-- RICH WITH OPPORTUNITY 11EA,11110 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place(bar)in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3684-B College Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND John Wilson,representing R&W Inc.,has applied for the specific use permit. Mr. Wilson states that the bar will be known as The Ticket Sports Bar and Club. It will operate between the hours of 4 p.m. and 2 a.m.,Monday-Sunday. The operation will consist of a full service bar, an area for pool tables, dart boards and Golden T Golf. Televisions will be installed to view televised sporting events. DJ music will be provided on weekends. On special occasions,live bands will be booked to play. The subject property is the former location of the Gateway Theater. When that business closed, the building was subdivided and converted into other uses. Currently,a medical imaging firm is located in one-half of the building. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow a drinking place(bar) in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3684-B College Street. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE(BAR) IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3684-B COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to John Wilson as representative of R&W Inc.; dba The Ticket, to allow a drinking place(bar)in a GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 3684-B College Street, being the North 180'of Lot 113 and the South 122' of Lot 125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3684-B College Street, being the North 180' of Lot 113 and the South 122' of Lot 125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, is hereby granted to John Wilson as representative of R&W, Inc. dba The Ticket, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2008. - Mayor Becky Ames - File -P: Request for a specific use permit to allow a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District Location: 3684B College Applicant: John Wilson, R&W Inc., dba The Ticket 0 100 200 Feet Legend GC-MD ® 1963P STAGG DR GC-MD i C401 N N J COLLEGE ST LI EXHIBIT "A" ! Y A� k h/rj" F4T.+crS e� y R.t5E4a ITTI I I I 1 '1* ' I � l I WA y.vS yJA NCL [idyl ��� O�n�S 1�Q r • t1C N� N� }�c r .. Wolf 1/J m t, t W 1 r ��~ ) + QarK:NS OIL VS CK,,c drnSl Dn wt �p. 2 November 4, 2008 Consider a request for a specific use permit to allow an attorney's office in a RCR(Residential Conservation and Revitalization)District at 2325 Liberty a RICH WITH OPPORTUNITY 11EA,[114011* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4,2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow an attorney's office in the RCR(Residential Conservation and Revitalization)District at 2325 Liberty. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Suzanne Wohleb has applied for the specific use permit. Ms. Wohleb states that she and her husband will be renting the space for their law offices. The Wohlebs practice primarily in the areas of Family Law and Criminal Defense. Regular hours of operation will be from 8:00 a.m. - 5:00 p.m., Monday-Friday. At this time,there will be no staff members,but they may hire one person at a later date. This property originally received a specific use permit to allow a home health care business. Most recently, a specific use permit was granted for an interior design office and caregiver education classes. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow an attorney's office in the RCR(Residential Conservation and Revitalization)District at 2325 Liberty. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ATTORNEY'S OFFICE IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2325 LIBERTY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Suzanne Wohleb to allow an attorney's office in a RCR(Residential Conservation and Revitalization) District for property located at 2325 Liberty, being the North 2/3 of Lot 5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit A attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an attorney's office in a RCR (Residential Conservation and Revitalization) District for property located at 2325 Liberty, being the North 2/3 of Lot 5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby granted to Suzanne Wohleb, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of November, 2.008. - Mayor Becky Ames - 1-P: Request for a specific use permit to allow an attorney's office in an RCR (Residential Conservation and Revitalization)District. Location:. 2325 Liberty Applicant: Suzanne Wohleb 0 100 200 Feet Legend ® 1961P RCR RC- LIBERTY AVE RCR RCR LAUREL ST RCR �► RCR E z RCR - =S R=S:1 R-S EXHIBIT "A" r---i'-- BLBCTRIC LING CONCR3T8 SURnCd O dC IIRe01 n70ND+1G UMT ==== 71a0D FBNCS --PL PL-- PIP11W ® COVERED lILE1 P.P. Pomm POLE CABIN LINK Pima �T—T— TELEPIIONd LQVE G'� ROCK OR GRAVEL ST UM[GHT r— EdRUD NIRa FXXCd CUTEN ° QUALITY C.ARR SITTER SERVICE - LOT 25 LOT 24 LOP 23 LOT 22 LOT 21 FOUL r FOUND 5/8• FOUND 6/8' d Q' LION ROD Dw ROD a ` 50.01' CM4W JCM4W L ILUI PROPO�SE'D-1. FJ'NCE B WOOD EN CN LINJC FENCE FCd O L Y PROPOSED 'IVO 1 LOT 6 SET S/8' a LO ra'v ROD 52 f O NCE SAT IR5 ROD ROD }� .SLIB, 1FI14E--- `'i •'•«k'i �,•D�5 FENCE � <'. .�:.r:T= MXTAL BLDG. ON SIDS b::- �. e OT 1a.00 LOT 7 ❑ L 5 cc CONC, 85' W M.ILLC- l 0.75 U :, .io 24.00- P.P. 1 OO �•.... • Y d PROPOSED .001VC. °o ASPXALT n DRIVE PIRIIDVC ; ta, N Yo b 4 SCALE. r'=30' FZxc CO 1088•aq ft qq A:. BRICZ 88 .. .`c, `t Pol? LANDSCAPE POUND 01P ROD 1 M ;: � AREA _u �.. SCAM CONC..'.' ,�,, FOUND 5/8' P. Jar .}. RDP. 4' = y. LRON ROD its 'SEA 6 8' ,Ct11,�C. ,,'',;,n,. _ r C.lI1LK '.• __� � Ls- IR :•^'�.' 'w' :;r ° $ .•: FOUND 5/8' QONC.' R r• cr^afr` SET 'Y' IRON ROD DRIVN' CONCP'P' 2,r npyp�� : L:IN CONC. WK 2325 & 2335 LIBERTY AVENUE (60' RIGHT OF WAY) 279.56 aq.ft. LANDSCAPE AREA 2180.00 agft. ASP 'T P.tVEMENT AREA LANDSCAPd•J W-LS 200 sgyt PER 40D0 aq,ft. W-LESS$AREDVG AREA W.Td� CITY•Of _• BSI UMONT ZONWG•ORDWANCE SECTION 50-51 (c) , A VARLWCE IS REQUZSTED FOR SCRUVINO.BUFFERS SECTION 90-91 (b) - .CIR STOPS COMPLY FM SECTION 90-27 8 PARMY0 COJtPL73S VITA SECTION 50-27 7 TABLE HANDICAP COMPLIES WITH SECTION 90-27 11(c) Gf '` EXHIBIT "B" Hill 111 /17 3 November 4, 2008 Consider a request for a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling)District at 75 N. Major Drive RICH WITH OPPORTUNITY r T - E - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 4, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cosmetic company in a GC-MD(General Commercial-Multiple Family Dwelling) District at 75 N. Major Drive. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Tammy Powell, CEO of The Invisible Armor,Inc.,has applied for the specific use permit. Ms. Powell states that the 23,956 sq. ft. building will consist of areas dedicated to the receiving, filling and shipping of cosmetic products,the company's corporate offices and office lease space. 14,000 sq. ft. will be dedicated to receiving finished formulations in totes and 55 gallon drums. The totes and drums will connected to the appropriate filling machinery. Filling machines will fill different sizes and shapes of containers. The products that will be brought in for filling will be cosmetics such as bath and beauty products,hair care products and make-up/facial products. These products will be case packed in shippers,placed on pallets and shipped out. No manufacturing of products will occur on site. 5,596 sq. ft. of the building will be utilized for the corporate offices of The Invisible Armor, Inc. The remaining 4,000 sq. ft. will be used for lease office space. At a Joint Public Hearing held October 20, 2008,the Planning Commission recommended approval 5:0 of a specific use permit to allow a cosmetic company in a GC-MD (General Commercial- Multiple Family Dwelling)District at 75 N. Major Drive. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COSMETIC COMPANY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 75 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Tammy Powell, CEO of The Invisible Armor, Inc., to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 75 N. Major Drive, being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont, Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 75 N. Major Drive, being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont, Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, is hereby granted to Tammy Powell, CEO of The Invisible Armor, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 41h day of November, 2008. - Mayor Becky Ames -