HomeMy WebLinkAboutPACKET OCT 06 2009 RICH WITH OPPORTUNITY
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T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER OCTOBER 6, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Jon Reaud would be reappointed to the Community Development Advisory Committee. The
current term would expire September 24, 2011. (Councilmember W. L. Pate, Jr.)
A) Authorize a one year contract with the Art Museum of Southeast Texas
B) Authorize a one year contract with the Southeast Texas Arts Council
C) Authorize a one year contract with the Texas Energy Museum
D) Approve a one year contract with BUILD, Inc., Beaumont Main Street for downtown
economic development purposes
E) Approve a one year contract with the Beaumont Heritage Society/John Jay French
Museum
F) Approve the renewal of an annual maintenance agreement for Sungard Public Sector
software support
G) Approve a resolution nominating C. L. Sherman to the Board of Directors of the Jefferson
County Appraisal District
A
RICA WITH OPPORTUNITY
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T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider authorizing a one year contract with the
Art Museum of Southeast Texas in the amount of$185,000.
RECOMMENDATION
The Administration recommends funding the Art Museum of Southeast Texas(AMSET) $185,000
for FY 2010 from Hotel Occupancy Tax and General Funds.
BACKGROUND
The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986
whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art
museum. The City supports AMSET with annual allocations and garbage removal. In return
AMSET is open to the general public and strives to provide programs and services to the entire
community. Approximately 33,000 children and adults participated in Art Museum activities last
year. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to
promote the arts.
BUDGETARY IMPACT
Funds are available in the FY 2010 budget with $85,000 funded through the Hotel Occupancy Tax
Fund and $100,000 funded by the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Art Museum of
Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY
2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the parties
dated December 30, 1986 and made a part hereof for all purposes(herein "the premises").
Museum agrees to accept such hiring and hereby agrees to operate such art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2009. The
City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars
($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand
($185,000) Dollars, Eighty-Five Thousand ($85,000) Dollars will be derived from the Hotel
Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such
funds be expended for arts and historical events or projects that directly enhance and
promote tourism and the convention and hotel industry.
3.
Expenditure of the Eighty-Five Thousand ($85,000) Dollars from Hotel Occupancy
Tax (HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
4.
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
6.
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such termination
City or Museum must provide the other party with written notice of such default and if the
party does not cure the default within fifteen (15) days after the giving of notice the party
giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to use
fifty (50) designated parking spaces in the City owned parking lot lying directly to the east
across Main Street from the premises during periods of use of the premises. Otherwise
such spaces may be used for City's Civic Center and theater event parking. In addition,
the City shall provide free parking for buses transporting school children to the art museum.
G:\CG\AGREEMEN\ART MUSEUM-FY 10.wpd
Said parking places to be as available and as directed by the City's Civic Center director
at a site convenient to the Museum. Parking spaces on the premises shall be available for
City's use during periods when the premises are not in actual use.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
12009.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
By: By:
Kyle Hayes Name:
City Manager Title:
ATTEST: ATTEST:
By: By:
City Clerk Name:
Title:
G:\CG\AGREEMEN\ART MUSEUM-FY 1 0.wpd
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RICH WITH OPPORTUNITY
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T - E - X - A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer .
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider authorizing a one year contract with the
Southeast Texas Arts Council (SETAC) in the amount of
$105,000.
RECOMMENDATION
The Administration recommends funding the Southeast Texas Arts Council $105,000 for FY 2010
from the Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the
arts. The City contracts with SETAC to utilize 75% of its contract payment for production of the
magazine"Off Ramp" highlighting local events and"Tear Off' Attraction Maps for distribution to
hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich
musical heritage of the area . The remaining 25% is used for operating expenses.
BUDGETARY IMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit"A," between the Southeast Texas Arts
Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation,
herein called "Council', is as follows:
WITNESSETH
WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to
use revenue derived from its hotel occupancy tax "for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating program
to attract conventions and visitors, either by the City or through contracts with persons or
organizations selected by the City; and,
WHEREAS,V.T.C.A.Tax Code Section 351.101(a)(4),authorizes the City to use
a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts, including instrumental
and vocal music, dance, drama, folk art, creative writing, architecture, design and allied
fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation,
performance, execution and exhibition of these major art forms; and, for projects that
directly enhance and promote tourism and the convention industry.
GACGAGREEMEMSETEXASARTS FY 10.wpd Page 1
WHEREAS, the Southeast Texas Arts Council is the proper organization to provide
assistance in the responsible distribution of public funds for support of the arts in
Beaumont;
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of One-Hundred Five-Thousand ($105,000)
Dollars by City to Council will be made from funds as available and as collected from the
Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty Dollars
($8,750) will be made monthly commencing October 1, 2009.
Any funds not expended for the projects and purposes approved will be retained
by the Council to be reallocated for similar arts purposes by approval of the City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 15, 2010.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by giving
to the other party notice in writing of said termination thirty (30) days in advance.
GAMAGREEMEMSETEXASARTS FY 10.wpd Page 2
7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Council will attend the
seminar.
9. Council agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of Council, its officers, agents and employees, including the officers, agents,
and employees involved in museum operation and specifically including herein any and all
acts of negligence by the City of Beaumont, its agents, officers or employees, carried out
under the terms of this agreement.
EXECUTED this the day of 12009.
CITY OF BEAUMONT
By:
Kyle Hayes
ATTEST: City Manager
By:
City Clerk
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
ATTEST: Title:
By:
Name:
Title:
GAMAGREEMEWSETEXASARTS FY 10.wpd Page 3
RICH WITH OPPORTUNITY
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T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer' 7_
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider approving a one year contract with the Texas
Energy Museum in the amount of$95,000.
RECOMMENDATION
The Administration recommends funding the Texas Energy Museum, $95,000,for FY 2010 from the
Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by
highlighting the history, along with current developments, of the oil industry in the Southeast Texas
region.
BUDGETARY IMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Texas Energy
Museum and the City of Beaumont in the amount of $95,000 for FY 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called "TEM", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizes the Cityto levy
by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax for historical restoration and
preservation projects or activities or advertising and conducting solicitation and promotional
programs to encourage tourists and convention delegates to visit preserved historic sites
or museums at or in the immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for
projects that directly enhance and promote tourism and convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of Twenty-
Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1,
2009 from funds as available and collected from the hotel occupancy tax.
G:1CG\AGREEMENITX ENGERGY MU FY 10.wpd
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and is not an officer, agent or employee
of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2009 to September 30, 2010.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit such
reports quarterly commencing January 15, 2010.
6. The City Manager of City or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of TEM will attend the seminar.
G:\CG\AGREEMEN\TX ENGERGY MU FY 10.wpd
9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers, agents and employees, including the officers, agents, and
employees involved in TEM operation and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees, carried out under
the terms of this agreement.
EXECUTED this the day of , 2009.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
TEXAS ENERGY MUSEUM, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
GACG\AGREEMEN\TX ENGERGY MU FY 10.wpd
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: Laura Clark, Chief Financial Officer '
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider approving a one year contract with BUILD,
Inc., Beaumont Main Street in the amount of $75,000 for
downtown economic development purposes.
RECOMMENDATION
The Administration recommends funding BUILD, Inc.,Beaumont Main Street$75,000 for FY 2010
from the General Fund.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private sectors
that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual
contribution from the City will be matched with other local funds and used to promote downtown
business development and retention.
BUDGETARY IMPACT
Funds are available in the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont
Main Street and the City of Beaumont in the amount of $75,000 for FY 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main
Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through
its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW,THEREFORE, in consideration of the mutual promises made herein,the City
and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive range
of plans and projects in Beaumont directed at economic development and downtown
revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
C) attracting new employers;
GACG AGREEMEWBUILD--10.wpd
d) complying with all provisions of the Contract for Services-Urban Main Street
program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-five
Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least
Seventy-Five Thousand ($75,000) in additional funding from the private sector to match
the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments will
be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of BUILD,
emphasizing compliance with the Urban Main Street Program, will be due thirty (30) days
following the end of the quarter beginning with the quarter ending December 31, 2009. In
addition to said quarterly reports, BUILD will also provide an annual review related
specifically to the Urban Main Street Program covering the period of this agreement due
on October 31, 2010.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2009, through September 30, 2010.
Suspension and/or termination may occur if BUILD fails to comply with any or all provisions
of this agreement or for convenience.
GA G1AGREEMEN\BUILD--10.wpd
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as they
consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City
of Beaumont and its officers, agents, servants and employees, from and against any and
all claims, causes of action and damages of every kind arising out of or in conjunction with
the execution, performance attempted performance or non-performance of this contract
or from the operations and actions of BUILD, Inc., its officers, agents and employees.
EXECUTED in duplicate originals this the day of , 2009.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
President
"BUILD"
ATTEST:
By:
G:\CG\AGREEMEN\BUILD--10.wpd
E
RICH WITH OPPORTUNITY
BEA,UMONT �
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer Yc
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider approving a one year contract with the
Beaumont Heritage Society/John Jay French Museum in the
amount of$47,000.
RECOMMENDATION
The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum
$47,000 for FY 2010 from the Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism.
John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully
restored;the home contains furniture and fixtures from the mid 19'century and is a tourist attraction
for our city.
BUDGETARY IMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French Museum,
herein called "Museum", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizesthe Cityto levy
by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax"for historical restoration and
preservation projects or activities or advertising and conducting solicitation and promotional
programs to encourage tourists and convention delegates to visit preserved historic sites
or museums at or in the immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty-Seven Thousand ($47,000)
Dollars . The payment provided for herein will be made quarterly in the amount of Eleven
GAMAGREEMENWFRENCH FY 10.wpd Page 1
Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October
1, 2009 from funds as available and collected from the hotel occupancy tax.
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for the
period October 1, 2009 to September 30, 2010.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2010.
6. The City Manager of City or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Museum.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
G:\CG\HGREEMEN\JJFRENCH FY 10.wpd Page 2
seminar.
EXECUTED this the day of , 2009.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
GACMAGREEMEWAFRENCH FY 10.wpd Page 3
RICH WITH OPPORTUNITY
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T • E • A • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider renewal of an annual maintenance
agreement for Sungard Public Sector software support.
RECOMMENDATION
The Administration recommends payment of an invoice to Sungard Public Sector for the renewal
of an annual maintenance agreement for software support in the amount of$85,805.
BACKGROUND
Sungard Public Sector is used by various City departments. This purchase is exempt from
competitive bidding since it is available from only one(1) source having exclusive rights to modify
and maintain the software. The software maintenance agreement provides for unlimited telephone
support and up to three (3) software updates during the annual term.
This agreement is for an annual period beginning October 1, 2009 and includes the following
applications.
Software Application Contract Amount
Building Codes and Permitting $4,720
Finance Cash Receipts $2,870
Finance Fixed Assets $2,720
Finance GMBA Accounting System $11,280
Finance Loans Module $2,300
Finance Accounts Receivable $3,990
Finance Purchasing $6,200
Finance Payroll $9,320
Imaging Interfaces $2,595
Click2GOV Citizen Web Portal $3,780
Municipal Court $8,740
Jury Management $2,220
Land Management $4,250
Occupational License $1,990
Document Management Services $960
Water Billing and Citizen Online Payments $10,770
Application Modifications $7,100
Total $85,805
BUDGETARY IMPACT
Funding is budgeted for fiscal year 2010 as follows:
General Fund $57,295
Municipal Court Technology Funds $16,440
Water Fund $12,070
Total $85,805
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 pay an invoice in the amount
of$85,805 to SunGard Public Sectorforthe renewal of an annual maintenance agreement
for software support beginning October 1, 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
G
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider nominating C. L. Sherman to the Board of
Directors of the Jefferson County Appraisal District.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
C. L. Sherman is currently a Member of the Board of the Jefferson County Appraisal District.
The City of Beaumont has nominated, and cast its allocated number of votes to, Mr. Sherman for
many years. The terms of the current Board members expire on December 31, 2009.
Nominations to the Board are due to be turned in to the Appraisal District by October 15, 2009.
After nominations are submitted, a ballot will be mailed out by the Appraisal District to the
eligible governmental entities. Mr. Sherman would like to continue his service on the Board. A
letter from Roland Bieber, Chief Appraiser, is attached for your review.
{
Jefferson County Appraisal District (409) 840-9944
\Jr�. P. O. Box 21337 4610 S.Fourth St. (409) 727-4611
Beaumont, Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R. Bieber, RPA August 19, 2009 Charles Lankford,Chairperson
Miriam K.Johnson,Secretary
Eugene Landry
Fred L. Mitchell
C.L. Sherman
Mrs. Becky Ames
Mayor
Citv of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Ames:
hl accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each
taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2009. If your entity would like to submit
nominations for the Board of Directors, you must do so by resolution adopted by your governing body and filed
with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing all of
the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit
the resolution to me before December 15.
The conservation and reclamation districts nominated Miriam Johnson for the 2010 - 2011 term of office. Mrs.
Johnson's name will be placed on the ballot along with the names of the nominees submitted by the County,
cities, and school districts. In the main election, the nominee who receives the majority of the votes cast by the
conservation and reclamation districts will receive all of the votes cast by the special districts.
I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that
due to new legislation, extensions for submitting your nominees and casting your votes can no longer be granted.
If you have any questions, please do not hesitate to contact me.
Sincerely,
i
AoIand-P. 1lteber, RPA
Chief Appraiser
Enclosures ,r
^r. Kvde 11,t es. Citv Manager
-
y
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2010 - 2011 Board of Directors
Based on 2008 Tax Levies
% of Total
2008 Tax Levy Tax Levy # of Votes
Drainage District #6 $15,909,537.63 3.52% 176
Drainage District #7 $13,745,403.30 3.04% 152
Navigation and Waterways Dist $4,663,687.57 1 .03% 52
Port of Beaumont $6,074,895.13 1 .35% 67
Port of Port Arthur $7,218,134.09 1 .60% 80
Port of Sabine Pass $601 ,083.44 0.13% 7
Trinity Bay Conservation Dist $28,727.76 0.01 % 0
WCID #10 $688,654.35 0.15% 8
SUBTOTAL C & R DISTRICTS: $48,930,123.27 10.84% 542
Jefferson County $75,344,563.04 16.68% 834
Beaumont ISD $108,176,339.10 23.95% 1,197
Hamshire-Fannett ISD $9,422,348.02 2.09% 104
Hardin Jefferson ISD $7,596,504.21 1 .68% 84
Nederland ISD $19,574,660.72 4.33% 217
Port Arthur ISD $63,181 ,497.28 13.99% 700
Port Neches-Groves ISD $41 ,655,167.25 9.22% 461
Sabine Pass ISD $8,755,945.22 1 .94% 97
City of Beaumont $40,526,079.38 8.97% 449
City of Bevil Oaks $104,480.33 0.02% 1
City of Groves $4,217,194.76 0.93% 47
City of Nederland $4,955,411 .28 1 .10% 55
City of Port Arthur $13,697,345.48 3.03% 152
City of Port Neches $5,444,181 .46 1 .21 % 60
SUBTOTALS: $402,651 ,717.53 89.16% 4,458
TOTALS: $451 ,581 ,840.80 100.00% 5,000
ELECTION OF BOARD OF DIRECTORS
Calendar of Events as Revised by HB 2043
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit
a nomination for each of the five positions on the Board.
Before October 30 Chief Appraiser prepares a ballot of candidates whose names
were timely submitted and delivers a copy to the presiding
officer of each entity entitled to vote.
Before December 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 31 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next
regular Lousiness day.
Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief
Appraiser to grant an extension for submitting nominees or casting votes.
i
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby nominates C . L . Sherman as a candidate for the Board of
Directors of the Jefferson County Appraisal District.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BI'EO �
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER OCTOBER 6, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing publication of notice of intention to issue $30 Million in
Certificates of Obligation to finance various street, drainage and general
improvement projects throughout the city
2. Consider approving the engagement of bond counsel and a placement agent
relating to the proposed issuance of$30 Million of Certificates of Obligation,
Series 2009
3. Consider approving a resolution to write-off uncollectible delinquent accounts
4. Consider authorizing the City Manager to execute a Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation
WORKSESSION
* Review and discuss a proposed Owner-Occupied Rehabilitation Program utilizing
2009 HOME Program funds in the amount of$300,000
PUBLIC HEARING
* Receive comments regarding the proposed Owner-Occupied Rehabilitation
Program utilizing 2009 HOME Program funds in the amount of$300,000
WORKSESSION
* Review and discuss the Texas Weatherization Assistance Program
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:
Crown Motel
Tina Lewallen v. the City of Beaumont
Crockett Street Development, Ltd.
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
October 6, 2009
Consider authorizing publication of notice of intention to issue $30 Million in Certificates of
Obligation to finance various street, drainage and general improvement projects throughout the
city
r
T . E . X . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider a resolution authorizing publication of
notice of intention to issue $30 Million in Certificates of
Obligation.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The $30 Million in Certificates of Obligation will be issued to finance various street, drainage,
and general improvement projects. Issuance of the Certificates is scheduled for December 1,
2009 with delivery and receipt of proceeds by the City on December 29, 2009.
BUDGETARY IMPACT
All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt
Service Fund which is supported by property taxes.
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS, The City of Beaumont, Texas (herein referred to as the "City"), acting
through its governing body (hereinafter referred to as the "City Council"), is authorized to issue
certificates of obligation to pay contractual obligations to be incurred in connection with authorized
capital improvements and equipment purchases within the City(herein referred to as the "Project"),
as more particularly described in the notice attached hereto as Exhibit "A", and for professional
services rendered in connection therewith pursuant to Texas Local Government Code Sections
271.041 - 271.064, as amended; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the
City and otherwise is desirable to issue a series of certificates of obligation in a principal amount
not to exceed $30,000,000 to be known as the "City of Beaumont, Texas, Certificates of Obligation,
Series 2009" (hereinafter referred to as the "Certificates") to finance the Project and to pay for
professional services rendered in connection therewith; and
WHEREAS, in connection with the issuance of the Certificates, the City Council intends to
publish notice of the intent of the City to issue the Certificates in accordance with the requirements
of the Texas Local Government Code Section 271.049, as amended; and
WHEREAS, the City Council has been presented with and has examined the proposed form
of notice to be published and finds that the form and substance thereof are satisfactory and that the
recitals and findings contained therein are true, correct and complete;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:
Section 1. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct.
Section 2. The City Council hereby approves the form of the Notice of Intention to Issue
Certificates of Obligation presented to the City Council in substantially the form attached hereto as
Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby
authorizes the Mayor or any other member of the City Council or any other official of the City to
execute and deliver the Notice on behalf of the City, with such changes therein and additions
thereto as the person executing same may approve, such approval to be conclusively evidenced by
such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk
or any other official of the City to cause the Notice to be published in the manner required by law in
a newspaper of general circulation in the City.
Section 3. The Notice set forth in Exhibit "A" attached hereto shall be published in both
English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general
circulation in the City, the date of the first publication to be not less than thirty(30) days prior to the
date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such
Certificates of Obligation.
Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized
and directed to do any and all things necessary or desirable to carry out the provisions of this
resolution.
Section 5. This resolution shall take effect immediately upon its passage.
Section 6. It is officially found, determined and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time,place and subject matter
of the public business to be considered at such meeting, including this Resolution, was given, all as
required by the Texas Government Code Chapter 551, as amended.
PASSED AND APPROVED this 6th day of October, 2009.
Mayor
THE CITY OF BEAUMONT, TEXAS
ATTEST:
City Clerk
THE CITY OF BEAUMONT, TEXAS
(SEAL)
-2-
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the
"City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on
the 1st day of December, 2009, which is the time and place tentatively set for the passage of an
ordinance and to take such other action as may be deemed necessary to authorize the issuance of
the City's Certificates of Obligation, Series 2009, in the maximum aggregate principal amount of
$30,000,000, payable from the City ad valorem taxes and from a subordinate lien and limited
pledge of certain net revenues of the City's water and sewer system but only to the extent of and in
an amount not to exceed $10,000 in the aggregate, bearing interest at a rate or rates,not in excess of
that prescribed by law, and maturing over a period of years not to exceed forty (40) years from the
date thereof, for the purpose of evidencing the indebtedness of the City to finance all or any part of
the cost of the following projects, which projects will be financed in such order of priority as
determined by the City Council: (1) reconstruction of Cedar Street between Eleventh Street and the
Amtrak Station and construction of adjacent Police Substation and parking lot; (2) construction of
improvements to existing Athletic Complex Tennis Center, including new clubhouse,tennis courts,
lighting, parking, landscaping, bleachers and fencing; (3) design services for a new Central Fire
Station in vicinity of Gulf and Caldwell Streets; (4) improvements to the Civic Center, including
improvements to kitchen, a new warehouse, dock and ticket booth; (5) expansion of
Communications Building, including expansion and additional equipment; (6) construction of a
new Downtown Event Center and Lake Park adjacent to MLK Parkway, Crockett Street, and
Neches Street, including construction of improvements and a two-acre lake; (7) construction and
furnishing of a new downtown library on Crockett Street; (8) construction of a downtown waterway
EXHIBIT "A"
-1-
and infrastructure improvements to connect new Event Center and Lake Park to Pearl Street,
including sidewalks, lighting and amenities; (9) construction of EMS Station No. 2 on Washington
Boulevard; (10) relocation and construction of Fire Station No. 2 on Helbig Road near East Lucas
Street; (11) relocation and construction of Fire Station No. 7 on College Street between Lindberg
and Langham, (12) relocation and construction of Fire Station No. 11 on Sabine Pass Street; (13)
construction of a Fleet Fire Maintenance shop facility for the Fire Department at Lafin Road Fleet
Service Center; (14) reconstruction of parking lot for existing Fleet Service Center; (15)
construction of a hiking and biking trail between Delaware Street and Folsom Road; (16)
rehabilitation and improvements to Beaumont Municipal Airport, including work on runways and
aprons and new equipment; (17) interior renovations and new roof and generator for the existing
Municipal Court/911 Dispatch/EOC Building; (18) renovations to Police Department Property
Building to be used for storage and offices; (19) construction of a new Public Health Complex
office building (new site not yet identified) and furnishings and equipment; (20) acquisition of
properties for the Downtown Event Center and Lake Park (see item 6 above) and demolition of
substandard structures; (21) stabilization of bank of existing Riverfront Park and replacement of
lighting and renovations at Park; (22) construction of a new senior citizens' center to replace
existing Best Year's Center; (23) acquisition of a building to house Emergency Management
supplies; (24) construction of a new Transportation Operations Shop at existing Fair Park site; (25)
construction of addition to Tyrrell Historical Library; (26) construction of a new community center
and other improvements at Tyrrell Park; (27) repair and maintenance of walking trails at various
City parks; (28) authorized street and drainage improvements throughout the City; (29) the cost of
professional services incurred in connection with the respective projects; and (30) costs of issuance
of debt and related fees.
-2-
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of
October, 2009.
Mayor
THE CITY OF BEAUMONT, TEXAS
-3-
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
We, the undersigned officers of the City Council of The City of Beaumont, Texas, hereby
certify as follows:
1. The City Council of The City of Beaumont, Texas, convened in regular meeting
on the 6t' day of October, 2009, at the regular meeting place thereof, within said City, and the
roll was called of the duly constituted officers and members of said City Council and the City
Clerk, to wit:
Becky Ames Mayor
Gethrel "Get"Williams-Wright Mayor Pro Tem and Councilmember at Large
W.L. Pate, Jr. Councilmember at Large
Alan B. Coleman Councilmember Ward 1
Nancy A. Beaulieu Councilmember Ward 2
Audwin M. Samuel Councilmember Ward 3
Jamie D. Smith Councilmember Ward 4
Tina Broussard City Clerk
and all of said persons were present, except the following absentees: ,
thus constituting a quorum. Whereupon, among other business, the following was transacted at
said meeting: a written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
was duly introduced for the consideration of said City Council. It was then duly moved and
seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it
the adoption of said resolution,prevailed and carried by the following vote:
AYES:
NOES: 0
2. That a true, full and correct copy of the aforesaid resolution adopted at the
meeting described in the above and foregoing paragraph is attached to and follows this
certificate; that said resolution has been duly recorded in said City Council's minutes of said
meeting pertaining to the adoption of said resolution; that the above and foregoing paragraph is a
- 1 -
true, full and correct excerpt from said City Council's minutes of said meeting; that the above
and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes as
indicated therein; that the persons named in the above and foregoing paragraph are the duly
chosen, qualified and acting officers and members of said City Council as indicated therein; that
each of the officers and members of said City Council was duly and sufficiently notified
officially and personally, in advance, of the date, hour, place and purpose of the aforesaid
meeting, and that said resolution would be introduced and considered for adoption at said
meeting, and each of said officers and members consented, in advance, to the holding of said
meeting for such purpose; that said meeting was open to the public as required by law; and the
public as required by law; and that public notice of the date, hour, place and subject of said
meeting was given as required by Chapter 551 of the Texas Government Code Annotated,
Vernon's 1994, as amended.
SIGNED AND SEALED this day of , 2009.
CITY CLERK MAYOR
(SEAL)
- 2 -
2
October 6, 2009
Consider approving the engagement of bond counsel and a placement agent relating to the
proposed issuance $30 Million of Certificates of Obligation, Series 2009
r
C .
1�1 C1 I T
T . E . X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer*—
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider approving the engagement of bond
counsel and a placement agent relating to the proposed
issuance $30 Million of Certificates of Obligation, Series
2009.
RECOMMENDATION
The administration requests approval of a resolution authorizing the engagement of Orgain, Bell
& Tucker, LLP, Beaumont, Texas, as bond counsel and RBC Capital Markets Corporation,
Houston, Texas, as placement agent in order to proceed with the issuance of$30 Million of
Certificates of Obligation, Series 2009.
BACKGROUND
The $30 Million in Certificates of Obligation will be issued to finance various street, drainage,
and general improvement projects. Issuance of the Certificates is scheduled for December 1,
2009 with delivery and receipt of proceeds by the City on December 29, 2009.
BUDGETARY IMPACT
All debt and other expenses related to the Certificates of Obligation will be incurred by the Debt
Service Fund which is supported by property taxes.
RESOLUTION APPROVING ENGAGEMENT OF
BOND COUNSEL AND A PLACEMENT AGENT
WHEREAS, The City of Beaumont, Texas (the "City") proposes to sell approximately
$30,000,000 of its City of Beaumont, Texas, Certificates of Obligation, Series 2009 (the
"Certificates");
WHEREAS, in order to proceed with the issuance of the Certificates, the City desires to
authorize the employment of bond counsel and a placement agent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BEAUMONT, TEXAS:
1. The City is authorized to and hereby employs Orgain, Bell & Tucker, LLP,
Beaumont, Texas, as bond counsel for the issuance of the Bonds, pursuant to the
terms of the engagement letter dated September 28, 2009, presented by Orgain
Bell & Tucker, LLP to the City.
2. The City is authorized to and hereby employs RBC Capital Markets Corporation,
Houston, Texas, as placement agent for the City in connection with the issuance
of the Bonds.
3. The City and its bond counsel and placement agent are authorized to proceed with
taking all action appropriate for the issuance of the Bonds; provided, however,
that the Bonds shall be issued only if the final terms and provisions thereof are
hereinafter approved by the City Council.
PASS AND APPROVED this day of , 2009.
MAYOR, CITY OF BEAUMONT
ATTEST:
City Clerk
(seal)
3
October 6, 2009
Consider approving a resolution to write-off uncollectible delinquent accounts
CI
T E X A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 6, 2009
REQUESTED ACTION: Council consider approving a resolution to write-off
uncollectible delinquent accounts.
RECOMMENDATION
The administration requests approval of a resolution to write-off uncollectible delinquent
accounts totaling $1,022,239.59 for which each individual account exceeds $1,000.00.
BACKGROUND
This request is in accordance with the write-off policy approved by City Council on December
21, 1999. The policy gives Council the final authority to write-off an individual account
receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts
included are for transactions between 1993 and 2008 and collection efforts have been
unsuccessful. A summary by receivable type is shown below.
1. Demolition Charges - $7,457.00
Liens have been placed on properties where the ownership has not changed since charges
were incurred for demolition. These charges, originally incurred between 1993 and 1998
with payment plans placed with the City, have been sent to the collection agency for
collection efforts for more than one year.
2. EMS Ambulance Charges - $911,559.59
These charges from ambulance transports include uninsured claims or co-pay and
deductibles that the customer should be responsible for. The original charge dates range
from 2003 to 2008 and accounts have been uncollectible for at least one year.
3. Solid Waste Franchise Charges - $10,982.03
Solid Waste Franchise fees are calculated as a percentage of sales and are reported to the
City by the companies. These charges were from two companies resulting from an audit
and the companies have gone out of business.
4. Fire Miscellaneous Charges - $3,554.54
This charge resulted from fire department response to a truck spill on the freeway. The
company did not respond to our efforts to collect and the charge was sent to a collection
agency for further collection pursuit in 2007.
5. Landfill Charges - $19,565.05
These Landfill charges were sent to the collection agency in 2007 and 2008. The
majority of this balance is from solid waste companies that have gone out of business.
6. Retiree Insurance Charges - $2,074.74
These charges are for one customer and were incurred 10/2007 to 1/2008. Insurance
could not be cancelled retroactively, so collection was pursued through other means to no
avail.
7. Weed Abatement Charges - $65,046.64
Charges included in this total were sent to the collection agency in 2006, 2007 and 2008.
These accounts are difficult to collect because of limited owner information.
8. Water Miscellaneous Charge - $2,000.00
This charge is a fine that resulted from a grease trap inspection. The business was sold but
we attempted to pursue the owner personally. The charge was sent to the collection
agency in 2007.
BUDGETARY IMPACT
None
Individual Accounts over$1,000.00 totaled by Customer Type
CUSTOMER
TYPE AMOUNT
DM Total 7,457.00
EM Total 911,559.59
FR Total 10,982.03
FS Total 3,554.54
LR Total 19,565.05
RI Total 2,074.74
WD Total 65,046.64
WS Total 2,000.00
Grand Total 1,022,239.59
EXHIBIT "A"
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
ADAMS COFFEY,CHERYL Total 1,745.73
ADAMS,ADRIEL Total 1,682.00
ADAMS, REVIS Total 1,027.00
ADAMS,TEDDY Total 1,260.00
ALLEN, DOROTHY Total 1,346.00
ALLEN, ROSE MARIE Total 3,644.00
ALLSTAR WASTE&ENVIRONME Total 2,580.00
ANDERSON,JEREMY Total 1,169.00
ANDERSON,STASHA Total 1,961.00
ANTOINE, LAKESIA Total 1,059.00
ANTWINE,ARIN Total 1,791.00
APPLETON,SHAYE Total 1,159.00
ARD, STEPHEN Total 1,639.00
ARMSTRONG, SABRINA Total 5,953.00
ARMSTRONG,TOMMY JACK Total 1,134.00
ARROW WASTE Total 16,734.47
AVILEZ, ROBERT Total 1,181.00
BAILEY, CRAIG Total 1,922.48
BARCHUS, BRIAN Total 2,615.00
BARNES, DAVID Total 1,145.00
BARNETT, CONSTANCE Total 3,887.39
BARNETT,TAHMEAKIA Total 1,310.00
BASHAM, SARAH Total 1,175.00
BAZILE, DEMITRA Total 1,970.00
BEAN, PHILLIP Total 1,746.00
BEARD, MARTIN Total 6,759.00
BELL, CHRISTOPHER Total 3,266.00
BELL, FREDDIE Total 1,206.00
BENNETT, ERIC Total 2,560.00
BENNETT, KEVIN LLOYD Total 1,220.00
BENNETT,WILLIAM Total 2,386.00
BERNSEN, CAROLINE Total 1,299.00
BEVERLY,VANESSA Total 1,145.00
BEYER,WERNER Total 1,327.00
BIRCH,TIMOTHY EVAN Total 1,052.00
BLANCHARD, MICHAEL Total 1,250.00
BLUE, KIMBERLY Total 1,278.00
BLUITT,ABDUAL Total 1,059.00
BLUITT, KARIAN Total 1,259.00
BOB,J ALLEN Total 1,238.00
BONNER, ISAAC Total 1,370.00
BOUDREAUX-CARROLL,ANDREA Total 1,275.00
BOUTTE, CURTIS Total 1,998.00
BOUTTE,JOSEPH Total 1,126.00
BOYAJIAN,CLARA Total 1,033.00
BRANTLEY, BENNIE Total 1,364.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
BRASUELL,WILLIAM Total 1,210.00
BRAXTON BARBARA Total 1090.7
BREAUX,WILLIE Total 2,095.41
BRENT'S TREE SERVICE,INC Total 1,180.00
BREWER LARRY Total 1051.39
BRIDWELL,ANITA Total 3,417.00
BRONSON WILSON,MICHELLE Total 1,311.49
BROOKS,DAVID Total 1,346.70
BROOKS, FLOYD Total 1,118.00
BROOKS,STEPHANIE Total 1,270.00
BROSNAHAN BRUCE E Total 1161.51
BROUCHET, BRANDON Total 1,841.00
BROUSSARD,CHARISHA Total 1,187.00
BROWN,JIMMY Total 1,294.00
BROWN,JOHN Total 2,133.00
BROWN, KATHERINE Total 3,041.00
BROWN, MARK Total 1,836.00
BRUCE,JERRY Total 1,067.00
BRYANT, ESTHER Total 1,254.00
BUCKLEY, HOLLY Total 1,300.00
BURNETT, DESHAWN Total 1,044.99
BURRIS BARBARA ANN Total 1,070.00
BUSH, DONALD Total 8,192.00
CAMERON,JERMAINE Total 1,230.00
CANE, MIRANDA Total 1,160.00
CANNON, DAVID Total 2,452.00
CARRIERE, RENEKA Total 1,971.00
CARTER VERLINE Total 1409.25
CARTER, SANDRA Total 2,147.00
CASEY WALKER, MONIQUE Total 1,015.00
CASSITY,CHRISTOPHER Total 1,886.00
CASTOLENIA, CHRISTOPHER Total 1,497.00
CHADWICK, SCOTT Total 1,222.00
CHAMBERS, BROCK Total 1,922.00
CHAMBERS, MARILYN Total 1,262.00
CHARGOIS,VANIECIA Total 1,238.00
CHAVALITLEKHA, REGINA Total 1,202.00
CHAVIS,CALLIE Total 1,130.00
CHEEK, BRIAN Total 1,350.00
CHESHIRE, RONALD Total 1,130.00
CHESSON, DANNY Total 1,723.00
CHMURA, PAUL Total 1,377.22
CHRETIEN, CHRISTOPHER Total 1,123.00
CLARK,TRAVIS EUGENE Total 1,051.00
CLAYPOOL, LARRY Total 1,214.00
COLEMAN, GERALD Total 1,280.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
COLLINS,VERNOSKI Total 1,192.00
COMFORT, REGINALD Total 2,468.00
CONNER, CRAIG Total 1,038.00
COOPER,CURTIS Total 1,338.00
COOPER,JOHNNY Total 1,340.00
COWARD,WANDA Total 1,340.00
COX, ERICA Total 6,825.00
CRAIN,JERRY Total 3,496.00
CROPPER III,JOSEPH Total 1,190.00
CROSLAND EUGENE L Total 1219.75
CRUZ,APRIL Total 1,285.00
CULPEPEPR, BRANDI Total 1,177.00
DAIGLE,CHEMEKA Total 1,323.78
DAIGLE,TIMOTHY Total 1,173.00
DALTON,JAMES Total 1,400.00
DANIELS, NATALIE Total 1,227.00
DARNELL, CARL Total 1,862.00
DAVIS,ASHLEY Total 1,763.80
DAVIS, BRITTANY Total 1,172.00
DAVIS, EMMA Total 2,306.50
DAVIS, ESCAR Total 1,240.00
DAVIS, MARCELENE Total 2,219.50
DEAL, DESMOND Total 1,032.00
DEBINE,TRINKA Total 2,500.00
DECQUIRE,JOHN Total 1,778.99
DELANEY, DARRELL Total 2,304.00
DEQUEANT, BRENDA Total 1,367.00
DEYOUNG JOHN Total 1075.5
DIAMOND, RANERTA Total 1,734.34
DILLINGHAM,JIMMY Total 1,173.00
DISPANY, FLORA Total 1,465.00
DIXON, EATHA Total 2,627.00
DOE,JOHN Total 1,959.00
DORSEY, CHRISTEN Total 1,067.00
DOUCETTE, FLORENCE Total 1,347.00
DOUGLAS, LARRY Total 1,509.00
DUMAS RAYMOND SR Total 1796.44
DUNBAR, BRUCE Total 1,230.00
DUNN,WILLIAM Total 3,683.00
DUPLECHAIN, LAWRENCE Total 1,083.99
DURMAN,ASHLEY Total 1,313.00
EAGLIN, REGINALD Total 1,949.00
EASTEX WASTE SYSTEMS INC Total 10,052.61
EDWARDS, MARK Total 1,070.00
EDWARDS,TERRY Total 11,804.00
EGLAND RAYMOND Total 1918.67
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
ELKINS,WAYNE Total 1,270.00
FALKOWITZ BENJAMIN Total 1540.59
FASANO,ANTHONY Total 1,270.00
FELLS, DAVID Total 3,850.00
FERNANDEZ, CHARISMA Total 1,299.00
FERTITA, SAMUEL Total 1,006.00
FISHER, MELBA Total 2,459.11
FISHER, MIKE Total 2,430.00
FORD,ANTHONY Total 1,027.00
FOUTZ, PHILLIP Total 1,719.00
FOWLER, BOBBY Total 1,118.00
FRANCIS, CRYSTAL Total 1,048.00
FRANCOIS,THOMAS Total 3,824.00
FRANK,JOSEPH Total 1,755.00
FRANK, RAPHELLE Total 1,292.00
FRANK,TIERRA Total 1,234.00
FRANKLIN, CATHY Total 8,813.56
FRANKLIN, CRYSTAL Total 1,320.00
FRANKS, STERLING Total 1,130.00
FUSILIER, KIM Total 1,210.32
GALLO, HAYWARD Total 1,167.00
GANESH, NARESH Total 1,703.00
GANT, CYNTHIA Total 2,133.00
GARCIA, CHRISTI Total 1,206.00
GARCIA, LARRY Total 2,807.00
GARN, DUSTINE Total 1,620.00
GARRETT, ISAAC Total 1,270.00
GARRIET, LILLIE Total 1,259.00
GATLIN ARMANDA GAIL Total 1065.2
GAYLES SYBIL Total 1411.75
GENGO KENNETH A JR&CONN Total 1116.06
GEORGE, DEMETRAL Total 1,250.00
GIBSON,SHANNON Total 1,246.00
GIBSON,TODD Total 1,156.00
GILES DOLORES Total 3,954.60
GILFORD DAISEY Total 1767.85
GILL, MONROE Total 1,230.00
GILL, RONALD Total 1,135.00
GILMORE,ASHLEY Total 1,153.00
GILMORE, STEVEN Total 1,650.00
GLAPION, CHERYL Total 1,149.00
GLEGHORN WILTURNER, LISA Total 5,042.39
GLEN,JOHNNIE Total 1,341.00
GLOUDE, EBONE Total 1,786.00
GOFF,KENNETH Total 1,194.00
GOLDEN TRIANGLE COMMERCIA Total 1,780.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
GOODIE,JAMIE Total 1,135.00
GOSS,JAMES Total 1,438.00
GRACEY, ROBERT Total 1,156.00
GRAHAM, DANIELL Total 1,206.00
GRANT,CARLA Total 4,234.00
GRANT,CHARLES Total 2,027.00
GRAY, STEPHEN Total 1,314.00
GREYS, BERNADETTE Total 4,218.00
GREYS, STEPHEN Total 2,105.00
GROGAN, KELVIN Total 1,980.00
GUIDRY, ROBERT Total 1,346.00
GUILLORY, BERNADETTE Total 3,102.62
GUTIERREZ,ARIEL Total 1,410.00
HADNOT,JAMEECYIA Total 1,031.00
HAILEY,CAROLYN Total 1,280.00
HAIRGROVE,JANIS Total 1,086.56
HALL,JENNIFER Total 1,222.00
HALL,WILLIAM Total 5,781.00
HAMILTON MILDRED L Total 1074.5
HAMPTON, MORAL Total 5,107.00
HANCHETTE,OWUSU Total 1,062.00
HARALSON, BRIAN Total 1,843.00
HARDY,PAUL Total 1,314.00
HARDY, ROBIN Total 1,435.00
HARMON,JESSIE Total 1,261.00
HARMON, SHEENA Total 1,313.00
HARRISON, CAROLYN Total 1,044.00
HARRISON, CARRIE Total 1,384.20
HARRISON,CHARLES Total 1,238.00
HARRISON, ELIZABETH Total 1,356.00
HARRISON, KEVIN Total 1,960.00
HARRISON, MAXINE Total 1,292.00
HART, RICHARD Total 1,150.00
HAWKINS, CHADRICK Total 1,367.00
HAWKINS, SHEILA Total 3,211.00
HAWKINS,TIFFANY Total 1,123.00
HAWTHORNE,JAMES Total 1,180.00
HAWTHORNE, RAMONA Total 3,211.99
HELMER, MICHAEL Total 1,271.00
HENRY, GLORIA Total 3,120.00
HENRY, MARY Total 1,026.00
HENRY,TERRIYONNA Total 1,778.00
HENRY,THOMAS Total 1,239.00
HERNANDEZ, LORENZO Total 1,857.00
HERRERA, CHRISTA Total 1,017.00
HESTER, DONALD Total 2,605.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
HICKSON, PAUL Total 1,105.00
HIGHTOWER, SAMMIE Total 3,812.00
HILL, CAREY Total 1,264.00
HILL,CHRISTOPHER Total 1,322.00
HOCKLESS, HENRY Total 1,259.00
HOFFPAUER, RONNIE Total 1,558.00
HOLIDAY, BESSIE Total 1,156.00
HOLLAND,AUGUST Total 1,051.00
HOLLAND,TIFFANY Total 1,730.00
HOLLOMAN,VICKI Total 1,290.00
HOLLOWAY, PAMELA Total 1,190.00
HOLLYWOOD STREET BAPTIST Total 1129.31
HOLMAN, ERIC Total 1,270.00
HOLMES EARNEST LEE Total 1,093.40
HOLMES GAULDING,JOAN Total 1,858.00
HOLMES GENEVIEVE A Total 1051.25
HOLT,JAMICA Total 1,035.00
HOPE&DEVELOPMENT CENTER Total 2,274.00
HOPE, BRENT Total 1,215.00
HOPE, FREDRICK Total 1,295.00
HOPKINS,STEPHEN Total 5,529.00
HOWARD, BRENDA Total 1,119.99
HOWARD, MICHEAL Total 2,315.00
HOWARD,SHAWN Total 2,644.99
HUBBARD, EUGENE Total 1,222.00
HUFF, RONALD Total 1,279.00
HUMBLE, SARAH Total 1,270.00
HUMES, DEQUAINA Total 1,198.00
HUNT, DWAN Total 1,174.00
IBARRA, RICARDO Total 1,190.00
IDLEBIRD, HAROLD Total 1,169.00
IHOP Total 2,000.00
JACK, CODNEETO Total 1,180.00
JACKSON FLORA Total 1,158.00
JACKSON, COURTNEY Total 1,539.66
JACKSON, RODERICK Total 1,179.99
JACOBS WELDING&MARINE S Total 1058.53
JAGNEAUX,STEPHANIE Total 1,876.64
JAMES, LUCIUS Total 2,301.00
JENKINS, LESTER Total 1,347.00
JOHNSON, CHRISTOPHER Total 1,622.00
JOHNSON, FRANK Total 1,040.00
JOHNSON,JESSIE Total 1,128.00
JOHNSON, ROBERT Total 1,105.15
JOHNSON, RUDY Total 2,165.00
JOHNSON,STERLING Total 1,727.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
JOHNSON,TANISHA Total 1,377.00
JOHNSON,TROVESSAH Total 3,100.00
JOHNSON,TYESHA Total 1,290.00
JOLLEY,JOSH Total 1,240.00
JONES JR, EARL Total 1,269.00
JONES, BRITTANY Total 1,609.00
JONES, EDNICHOLAS Total 1,143.00
JONES, FREDERICK Total 1,303.00
JONES,JOSEPH Total 4,260.00
JONES, KEEMON Total 2,310.00
JONES, MARGO Total 1,275.00
JONES, MARY Total 2,071.00
JONES, RONALD Total 1,280.00
JONES,WENDELIN Total 1,261.00
JOSEPH, BILLY Total 1,325.70
JOSEPH,SHERMAN Total 1,067.00
JOSEPH,SHIRLEY Total 1,868.00
JUAREZ, LEOBARDO Total 1,125.00
KANZANI,ABDUL Total 2,020.00
KAUFMAN,ANGELA Total 1,043.00
KAYSER-FERMAN,JESSICA Total 1,261.00
KENEDY,WILLIAM Total 1,126.00
KENNEDY, DAVID Total 1,682.00
KEYS,JONATHAN Total 1,300.00
KIRTMAN, MITCHELL Total 1,410.00
KNIGHTON BESSIE MARIE Total 2996.88
KORT,JOSEPH Total 2,230.00
KROEMEKE,ANGIE Total 1,280.00
LAMAR DEV CORP Total 1123.05
LANDRY, NICOLE Total 1,840.00
LANGHAM, CHARLOTTE Total 1,067.00
LATHAM,JIMMY Total 1,743.00
LAWRENCE,ALVIN Total 1,280.00
LEBLANC, BRUCE Total 1,470.00
LEE, DORIS Total 1,129.00
LEE,JOHNNIE Total 1,224.00
LEMON, KALIIALA Total 1,212.00
LEWIS,ASHLEY Total 1,150.00
LEWIS, CAROLYN Total 1,912.00
LEWIS,JOHN Total 2,037.00
LEWIS, LEKEISHA Total 5,595.00
LEWIS, MARY Total 1,304.10
LEWIS, OSCAR Total 1,939.50
LEWIS,TRAVIS Total 3,140.00
LILYQUIST, CAROL Total 1,100.00
LINDSEY, DAVID Total 1,283.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
LITTLE, BRENDA Total 1,222.00
LOMBARD,TONIA Total 2,169.00
LONDON OZIE Total 1216
LOPEZ,JOSE Total 1,243.00
LOVE,JOHNIE Total 1,313.00
LOVE, SUSAN Total 1,140.00
LOVELY,CURLEY Total 1,173.00
MAHNOUN, LAURA Total 1,195.00
MAKONI, ERICA Total 1,271.90
MALDONADO, KRISTIN Total 1,035.00
MARSHALL,SHEBA Total 1,620.00
MARTIN,CLAUDE Total 1,120.00
MARTIN,JERRY Total 1,619.00
MARTINEZ, RAYMA Total 1,267.00
MAXWELL,JUSTIN Total 1,310.00
MAYES, RICKY Total 1,672.70
MAYFIELD, BURNISE Total 2,063.20
MCDANIEL,JOSHUA Total 1,057.00
MCGALLION, MARSHALL Total 1,595.00
MCKAY, ROBERT Total 2,039.00
MCKINNEY,JOHN Total 1,813.10
MCLEMORE,VIRGINIA Total 1,290.00
MCLIN,TERESA Total 2,011.00
MEASEL,AUDRA Total 1,238.00
METCALF, ELLA Total 1,910.00
MEZA,JOHNNY Total 1,214.00
MICKENS, DEMARCUS Total 1,016.99
MICKLES, CHARLES Total 1,141.00
MILLER, NATHAN Total 1,219.00
MITCHAM,CAROLYN Total 1,030.48
MITCHELL, CRYSTAL Total 1,250.00
MITCHELL, HARRY Total 1,223.00
MITCHELL,JASON Total 1,800.00
MITCHELL, KELVIN Total 1,118.00
MITCHELL, MISTY Total 1,160.00
MITCHELL, SHERIEKA Total 1,260.00
MITCHELL,WADE Total 1,840.00
MOORE, RICHARD Total 1,293.00
MORGAN, DEAN Total 1,153.00
MORRIS,ANGELA Total 1,343.00
MORRIS,TERRY Total 1,989.00
MOSHAY, FLORENCE Total 1,271.00
MOSLEY, SONJA Total 1,051.00
MOTT BERNICE H ET UX Total 1198.75
MOTT,JAMES Total 1,120.00
MOUTON,ALICE Total 1,170.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
MOUTON, DAVID Total 1,062.00
MURPHY, ELISA Total 2,239.00
MURPHY, ROTISHA LYMELL Total 1,047.00
NARCISSE, DUSTIN Total 1,834.00
NECHES LODGE NO 593 BPOE Total 1169.4
NELLUMS,AUDRY Total 1,136.00
NELSON, FLORIDA Total 3,667.52
NEWMAN,CHASITY Total 1,724.00
NGUYEN,TAN Total 1,077.00
NOBLE,JOREL Total 1,620.00
ORCHID,CHRISTOPHER Total 1,246.00
OSHIER, RUTH Total 1,060.00
OWENS, CAROLYN Total 1,459.00
PADGETT, CASSANDRA Total 1,035.00
PARKER, HERBERT Total 2,288.00
PARKERSON, SHARENA Total 1,566.00
PARKERSON,TRAVION Total 1,280.00
PARKS, NATALIE Total 1,075.00
PATRICK,JACELYNE Total 1,111.00
PATRICK, PEGGY Total 1,255.00
PATTON,WILLIE Total 1,254.00
PEACOCK, FELICIA Total 1,212.00
PETE,SERINA Total 10,809.25
PETRO EXPRESS MANAGEMENT Total 3022.87
PICOU, KATHY Total 1,037.99
PITRE,AMBER Total 1,884.56
PITRE, DANIELLE Total 1,851.00
PLACETTE, SHARON Total 1,300.00
PORTLEY,TYRRELL Total 1,913.00
POTEET,JIMMY Total 1,090.00
POWELL, REBECCA Total 1,611.00
POWERS,TIFFANY Total 1,404.00
PRATT, NANCY Total 1,821.00
PREJEAN, CODY Total 1,828.00
PRENELL,JAMIE Total 1,524.00
PREVOST, NANCY Total 1,516.00
PRICE, LORRAINE Total 1,131.00
PROELLOCHS, ERIC Total 1,269.00
PUGH,ANTHONY Total 1,011.00
PUGH, MARLON Total 2074.74
QUINN, MARGARET Total 1,840.00
R& B HOMES LLC Total 1415.9
RAMOS, LISA Total 1,367.00
RANDLE, LUCILLE Total 1,217.00
RANDOLPH ALVIN G Total 1249.85
RANDOLPH, RONNIE Total 1,056.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
RAWLINGS,MIKE Total 1,076.00
RAWLINS, KARMEN Total 1,172.00
RAWLINS,TANIGA Total 1,219.67
REDEAUX JOHN JR Total 1251.75
REED,JAMES Total 1,044.99
REED,JUDIE Total 1,254.00
REED,PAUL Total 4,088.00
REED,SAUL Total 1,890.00
REINIER,JUSTIN Total 1,364.00
REYNOLDS,JEREMIAH Total 1,301.00
RICHARD,OPHELIA Total 1,067.00
RICHARD,STEPHANIE Total 1,280.00
RIGGINS, SOLOMON Total 2,782.80
RIGSBY, LAQUINTA Total 1,016.00
ROBBINS, KEVIN Total 1,300.00
ROBBINS, NATALIE Total 1,238.00
ROBICHAU, DAVID PATE Total 1,290.00
ROBINSON,ANDREA Total 1,446.00
ROBINSON, HILDA Total 1,262.00
RODGERS, DOUGLAS Total 1,246.00
RODRIGUEZ, CHRISTINA Total 1,529.00
RODRIQUEZ,JOSEPH Total 1,261.00
ROGERS, DONNA Total 2,604.00
ROGERS,JACK Total 1,075.00
ROGERS,JOSEPH Total 1,062.00
ROGERS,TAMERA Total 4,801.00
ROMERO, ROSANNA MARIA M Total 1,240.00
ROSBOROUGH, LASELLE Total 1,051.00
ROSS,JAMES ALLEN Total 1,671.84
ROUNTREE,GRACE Total 2,691.00
ROY, DETRICIA SHANTA Total 1,033.00
RUBIN, CORSICA Total 1,551.00
RUFF, LINDA Total 2,001.00
RUNNELS, CHARLES Total 1,353.00
SALZMAN, GEORGE Total 1,654.00
SANCHEZ, RIANDA Total 1,160.00
SANDERS DELMAR F ESTATE Total 2201.2
SANDERS,VALARIE Total 2,044.00
SANFORD, RICHARD Total 1,080.00
SAUBERAN,TAMARA Total 1,205.00
SAUNDERS ROBERT Total 1253.53
SAVANT,JENNIFER Total 1,446.00
SAVOY, MARY Total 2,027.00
SAVOY,TARISA Total 1,043.00
SAWYER, LINDA Total 1,780.00
SCOTT DELORES D Total 1007.5
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
SCOTT, KARL Total 1,153.00
SEALS, PRECIOUS Total 1,953.00
SEARS, EVELYN Total 1,865.00
SEBILE, NADIA Total 1,249.00
SERIO,SAM Total 1315
SHEPARD KAY Total 1118.75
SHERMAN&SHERMAN INC Total 1597.45
SHERWOOD, LACRESHA Total 1,170.00
SHILLOW,TRABIAN Total 1,891.00
SHILO,JAMES Total 1,156.00
SHORTEN,JONATHAN MICHAELS Total 1,254.00
SIAS, KEONA Total 1,183.99
SIGGERS,CHARLES Total 1,279.00
SIMMONS, KENNETH Total 2,928.52
SIMPLY AQUATICS Total 3,554.54
SINGLETON,ALICE Total 4,050.00
SMALL, LATONYA Total 12,953.00
SMITH, BOBBIE JEAN Total 1,254.00
SMITH, CHARLES Total 1,225.00
SMITH, CHRISTOPHER CRAIG Total 1,048.00
SMITH, LEE Total 1,170.00
SMITH, MILTON Total 2,460.00
SMITH, PATTI Total 1,108.00
SMITH, RICKY Total 1,088.00
SMITH, ROBERT Total 1,329.00
SMITH, SHENEQUA Total 1,451.00
SMITH,STACY LEANN Total 1,267.00
SOHLINGER, PATRICK Total 4,777.00
SONNIER,THAD Total 1,051.00
SOULARIE MARGARET ESTATE Total 3,867.00
SPENCER, CHARLSE Total 1,102.00
SPENCER, KAREN Total 1,259.00
SPRING,ANTHONY Total 1,080.00
SPRINGER,TOBY Total 1,275.00
STAFFORD,AUDREY Total 5,094.00
STANLEY,JOSEPH Total 1,140.00
STANLEY, PEGGY Total 2,824.00
STEELE, PAMELA Total 1,420.00
STEWARD, BRANNON Total 1,059.00
STONE, ROBERT Total 1,519.00
STRICKLAND, SARAH LYNN Total 4,181.00
SULCER, RICHARD DEAN Total 1,520.00
SUTTON, MARY ETTA CHAMBERS Total 1,080.00
TARKINGTON, MELANIE Total 1,270.00
TARVER, BRANDY Total 1,250.00
TAYLOR,TAMA DOUGLAS Total 1,062.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
TEETS, CARL Total 1,270.00
TELESFORD, KEITH Total 1,280.00
TERRELL LAVERT BLANCHETT Total 3849
THEAL,JONATHON Total 2,004.00
THIBODEAUX JOSEPH Total 1029.36
THOMAS, BRUCE Total 1,261.00
THOMAS,CASSANDRA Total 1,408.00
THOMAS, CHESTER Total 1,218.63
THOMAS, DEBRA Total 1,487.60
THOMAS,JAMES Total 1,111.00
THOMAS, MARY Total 1,004.25
THOMAS, PRECIOUS NICOLE Total 1,270.00
THOMPSON,STEPHANIE Total 1,078.99
TILLMAN,TRESSA Total 1,290.00
TIMS, ELBERT Total 1,214.00
TINKLER,JOSEPH SIDNEY Total 1,053.00
TORRES, GILBERTO Total 1,833.00
TORRES, ROGELIO Total 1,036.39
TOUSSAINT,WILSON Total 1,853.00
TRAHAN,APRIL Total 1,257.00
TRAYLOR, PAMELA Total 2,621.85
TRIBES, SAMANTHA Total 1,175.00
TROSCLAIR,STELLA Total 3,494.00
TURNER, CORDELIA Total 1,877.00
TYLER, ELAINE Total 1,462.97
VALDIVIEZ, DANIEL Total 1,314.00
VANBUREN, PATRICA Total 1,222.00
VANSLYKE, CHARLA Total 1,055.00
VISOR,WESLEY Total 1,051.00
VOLIN, NICOLE Total 1,758.00
WAGNER, LEANNA Total 1,390.00
WALKER, DIAMOND Total 1,235.00
WALSH, ROBERT Total 1,380.00
WARREN, KERRY Total 1,122.99
WARRICK JOHN M Total 1109.8
WASHINGTON -LUCKY, SHARITA Total 1,900.00
WASHINGTON LEONARD Total 1012.2
WASHINGTON SARAH Total 1409.6
WASHINGTON, MONIQUA Total 1,230.00
WATSON, PHABIAN JARVIS Total 1,613.00
WEAVER,ARICA Total 1,250.00
WEAVER, NICHOLAS Total 1,370.00
WEIBLINGER H C Total 2,520.00
WERNER EVELYN HILDA BERGE Total 1300.55
WEST,CLINTON BRIAN Total 1,356.00
WESTON,JOHNNY Total 1,240.00
Individual Accounts over$1,000.00 totaled by name.
CUSTOMER
ACCT# NAME TYPE DATE AMOUNT
WHITE,JERRY Total 2,790.00
WHITFIELD, RAYMOND Total 1,250.00
WILCOX,ZACHARY Total 1,873.00
WILDE, DONNA Total 1,474.00
WILEMAN, CHARLES Total 2,876.00
WILEY, BOBBY Total 1,129.00
WILLIAMS,ANTHONY Total 1,316.00
WILLIAMS, ERIC Total 1,161.00
WILLIAMS, LARRY Total 1,915.00
WILLIAMS, LESIA FAYE Total 1,222.00
WILLIAMS, NICOLE Total 1,348.64
WILLIAMS,TAYARI Total 1,035.00
WILLIAMS,TERRY Total 2,346.00
WILRIDGE, SHALONDA Total 4,106.00
WILSON,ANTONIO Total 1,382.00
WILSON,ARTEAL Total 1,222.00
WILSON, DUDLEY Total 5,774.00
WILSON,JUANITA Total 1,152.00
WILSON,SHANTEL Total 1,133.00
WILTURNER, PAMELA Total 3,549.00
WILTZ, NICOLE Total 1,063.00
WINSTON,TONY JOSE Total 1,170.00
WOLFE,CHRISTINA Total 1,230.00
WOODARD, PATRICIANN Total 1,955.00
WORTHEN,TINA Total 1,246.00
YARBROUGH,TOMEKA Total 1,249.00
YARBROUGH,WILLIAM Total 2,578.00
YOUNG, BRYAN Total 1,150.00
YOUNG,JESSIE JUSTIN Total 1,129.00
ZENO, SARAH Total 1,603.00
ZERANGUE,JOHN Total 1,160.00
Grand Total 1,022,239.59
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the write-off of the following uncollectible
delinquent accounts totaling $1,022,239.59 for which each individual account exceeds
$1,000, as shown on Exhibit "A" attached hereto:
Demolition Charges $ 7,457.00
EMS Ambulance Charges $911,559.59
Solid Waste Franchise Charges $ 10,982.03
Fire Miscellaneous Charges $ 3,554.54
Landfill Charges $ 19,565.05
Retiree Insurance Charges $ 2,074.74
Weed Abatement Charges $ 65,046.64
Water Miscellaneous Charges $ 2,000.00
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
4
October 6, 2009
Consider authorizing the City Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of Transportation
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 6, 2009
REQUESTED ACTION: City Council approve a resolution authorizing the City
Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of
Transportation(TxDOT).
RECOMMENDATION
The Administration recommends City Council approve a resolution authorizing the City Manager to
execute a Local Transportation Project Advanced Funding Agreement with the Texas Department
of Transportation(TxDOT) for the Sidewalks and Ramps Project at Amelia Elementary School.
BACKGROUND
The City applied for and is scheduled to receive Congestion Mitigation and Air Quality (CMAQ)
funds for the construction of sidewalks and ADA ramps to connect Amelia Elementary School with
the surrounding neighborhoods. The new sidewalks will be installed on McLean from Enfield to
Major Drive and Major Drive from McLean to Drennan. Federal funds will pay for 80% of the
construction costs up to a maximum of$176,000. The City's participation is 100%of the preliminary
engineering cost and 20% of the construction cost. The estimated cost to the City for preliminary
engineering and construction share is $23,800 and $44,000, respectively.
BUDGETARY IMPACT
Funds are available in the Capital Program for the City's share of the project.
CSJ # 0920-38-218
District# 20
Code Chart 64# 03200
Project: Sidewalks and ramps
CFDA# 20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A
Congestion Mitigation/Air Quality Project
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 111335 that provides for
the development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated October 21, 2008 , which is attached hereto and made a part hereof
as Attachment A for development of the specific project which is identified in the location map shown
as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work
The scope of work for this LPAFA is described as the construction of sidewalks and ADA ramps
that will connect Amelia Elementary School to the surrounding neighborhoods.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
I
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
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District #20
Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA # 20.205
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. The State and
the Federal Government will not reimburse the Local Government for any work performed
before the issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Government is responsible for 100% of the cost of any work performed under its
direction or control before the federal Letter of Authority is formally issued.
If the Local Government will perform any work under this contract for which reimbursement will
be provided by or through the State, the Local Government must complete training before a
letter of authority is issued. Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for the
course entitled Local Government Project Procedures Qualification for the Texas Department
of Transportation. The Local Government shall provide the certificate of qualification to the
State. The individual who receives the training certificate may be an employee of the Local
Government or an employee of a firm that has been contracted by the Local Government to
perform oversight of the Project. The State in its discretion may deny reimbursement if the
Local Government has not designated a qualified individual to oversee the Project.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless otherwise provided for in this Agreement or through amendment
of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
review for the project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share for the
State's estimated construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
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District # 20
Code Chart 64# 03200
Project: Sidewalks and ramps
CFDA# 20.205
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Any entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
i. Whenever American Recovery and Reinvestment Act of 2009 ARRA funds are used and the
Local Government is performing any work, either directly or through a contractor, it must
comply with the following provisions. If a Local Government is receiving ARRA funds, but is
not performing any work, the following provisions apply, if appropriate, and to the extent
necessary to comply with ARRA regulations.
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions
relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State
or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way
the existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to
and involve transactions relating to the contract, subcontract, grant, or subgrant; and
AFA-LPAFA ShortGen.doc Page 3 of 5 Revised 07/10/2009
CSJ # 0920-38-218
District# 20
Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA#20.205
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as
well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting
requirement in all of its subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and shall be
submitted by the Contractor on a regular basis to the LG (Local Government). It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors
and, the LG shall verify the accuracy, completeness, and reasonableness of the data
contained in the form. The LG shall ensure that this form is submitted by the LG to the State
according to the policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to
the State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the
information shall be submitted in the manner required and according to all due dates as set by
the State.
j. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are
distributed to a Local Government, the Local Government must complete its Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as required
by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards.
k. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
the State.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
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Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA#20.205
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
17. Debarment Certification. The parties are prohibited from making any award at any tier to any party
that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing
this agreement, the [Contractor, Local Government, Engineer, or whatever] certifies that it is not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this contract shall require any
party to a subcontract or purchase order awarded under this contract to certify its eligibility to
receive Federal funds and, when requested by the State, to furnish a copy of the certification.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date:
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CSJ # 0920-38-218
District# 20
Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA# 20.205
ATTACHMENT A
Resolution of Local Government
Approving This LPAFA
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CSJ # 0920-38-218
District#20
Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA# 20.205
ATTACHMENT B
Project Location Map
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AFA-LPAFA_ShortGen.doc Page 1 of 1 Revised 07/10/2009
CSJ # 0920-38-218
District # 20
Code Chart 64 # 03200
Project: Sidewalks and ramps
CFDA# 20.205
ATTACHMENT C
Project Budget Estimate and Source Of Funds
The Local Government will participate in the cost of the construction of sidewalks and ADA ramps
that will connect Amelia Elementary School to the surrounding neighborhoods. The Local
Government's participation is 100% of the preliminary engineering costs and 20% of the construction
costs. Federal funds from the Congestion Mitigation and Air Quality Improvement Program will pay
for 80% of the construction costs of the project up to a maximum federal share of $176,000.00. The
Local Government's estimated participation of this additional work is $67,800.00, including
construction items, and engineering and contingencies. The State has estimated the project to be as
follows:
Total
Description Estimate Cost Federal State Local
Participation Partici ation Participation
% Cost % Cost % Cost
PRELIMINARY ENGINEERING COSTS
Preliminary Engineering $18,800.00 0% $0.00 0% $0.00 100% $18,800.00
Preliminary Engineering $5,000.00 0% $0.00 0% $0.00 100% $5,000.00
Review
Subtotal $23,800.00 $0.00 $0.00 $23,800.00
CONSTRUCTION COSTS
Construction of sidewalks $192,140.00 80% $153,712.00 0% $0.00 20% $38,428.00
and ramps
Direct State Costs $27,860.00 80% $22,288.00 0% $0.00 20%
(including plan review, $5,572.00
inspection and oversight)
(Estimated at 14.5% of
construction
Indirect State Costs (no $0.00 0% $0.00 0% $0.00 0%
$0.00
local participation required
except for service projects)
Subtotal $220,000.00 $176,000.00 $0.00 $44,000.00
TOTAL $243,800.00 $176,000.00 $0.00 $67,800.00
First Payment due prior to $5,000.00
PS&E Review Py State
Second Payment due 60 $44,000.00
days prior to the project
letting
Direct State Costs will be based on actual charges.
Local Government's Participation = $67,800.00
AFA-LPAFA_ShortGen.doc Page 1 of 1 Revised 07/10/2009
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation to receive
Congestion Mitigation and Air Quality funds for the Sidewalks and Ramps Project atAmelia
Elementary School.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
- Mayor Becky Ames -
WORKSESSION
* Review and discuss a proposed Owner-
Occupied Rehabilitation Program
utilizing 2009 HOME Program funds in
the amount of $300,,000
PUBLIC HEARING
* Receive comments regarding the
proposed Owner-Occupied
Rehabilitation Program utilizing 2009
HOME Program funds in the amount of
$300,000
RICH WITH OPPORTUNITY
r
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: October 6, 2009
REQUESTED ACTION: Work Session -Review and discuss a proposed Owner-
Occupied Rehabilitation Program utilizing 2009 HOME
Program funds in the amount of$300,000, and conduct a
public hearing to receive comments regarding the proposed
program.
RECOMMENDATION
The Administration recommends Council conduct a Public Hearing, after the Work Session, to
receive comments on the proposed Owner-Occupied Rehabilitation Program.
BACKGROUND
The City of Beaumont receives an annual allocation of federal HOME Investment Partnerships
funds (HOME funds)from the U. S. Department of Housing and Urban Development to provide
affordable housing opportunities to low-to-moderate income families. In prior years, the City
utilized these funds primarily for the development of newly constructed housing. However, it has
been noted by HUD that the overall community impact is not typically evident. In order to
provide a significant impact upon neighboring homes and communities, the Administration
proposes adopting an Owner-Occupied Rehabilitation Program available to single-family home
owners that will provide up to $65,000 to assist with eligible repairs for up to 5 low-to-moderate
income families. Where cost estimates for repairs exceed $51,200, the home owner will be
offered reconstruction. Reconstruction may not exceed $100,000 per eligible family. Federal
regulations require that the City receive public comment on any new program under consideration
for funding from the HOME Program. The proposed Owner-Occupied Rehabilitation Program
Guidelines are attached for your review.
BUDGETARY IMPACT
Funding is available from the 2009 HOME Program.
City of Beaumont
Proposed Owner-Occupied Rehabilitation Program Guidelines
1. PURPOSE OF PROGRAM
A. The purpose of the Owner-Occupied Rehabilitation Program (OCC) is to provide
housing assistance to 80% Area Median Family Income (AMFI) and below
families residing in and around the Hope VI revitalization area (Census Tracts 6,
7 and 9) in Beaumont. Assistance may be provided in other areas inside the
Beaumont city limits when feasible. Program Administrator and Department
review will be required in such instances. Financial assistance will be provided
for the repair, rehabilitation, or reconstruction of substandard single-family homes
located in target areas identified in Section 8 of these guidelines. The focus of the
repair, rehabilitation, or reconstruction is to provide safe, decent, and sanitary
housing by bringing eligible housing units into compliance with all health and
safety codes. When repairs are completed the minimum standard for repairs will
be compliance with all applicable local codes and ordinances including the
International Residential Code (IRC) (with windstorm provisions) which will be
used as required and as appropriate. When new construction is completed, the
IRC including windstorm measures and appropriate energy codes will be utilized.
In special cases, and only when extant conditions would mean that replacing a
housing unit on the same site would continue or exacerbate an unsafe condition,
homeowners, who otherwise meet the requirement of being owners of a
permanent residence, will be given assistance to acquire and newly construct a
housing unit on a safe site. Examples of unsafe conditions shall include, but not
be limited to, housing located in a special flood hazard area, unsafe soil
conditions, environmental hazards that cannot be mitigated, or other conditions
that cannot be changed and would continually put occupants in harm's way. The
City of Beaumont (City) shall make every effort to ensure that after-rehabilitation
repairs and improvements supplement the structurally sound housing stock in the
area served and that the housing is of fitting design and quality so as to improve
the neighborhood in which they are completed. The City of Beaumont and any
contractors/sub-contractors will administer the Program in accordance with these
Housing Guidelines (Guidelines).
2. DESIGNATED AUTHORITY TO ADMINISTER PROGRAM
This program shall be governed by the City of Beaumont 2008 Annual Action Plan and
the City's 2005 Consolidated Plan, and operated in accordance with all applicable rules
and regulations of the U. S. Department of Housing and Urban Development ("HUD").
The Program shall be under the direct supervision of the City's Housing Manager or
his/her designee.
3. TYPE OF ASSISTANCE AND ACTIVITIES
A. ELIGIBLE ACTIVITIES
Page 1 of 18
i. Rehabilitation — Rehabilitation shall be defined as bringing an entire structure
into conformance with a pre-determined set of specifications and standards that
address the entire condition of the structure. At a minimum, the rehabilitated
portion must comply with local building codes and standards, and upon
completion, the entire structure must comply with housing quality standards
(HQS) and local health and safety codes. Rehabilitation shall be limited to "stick
built" structures that have been deemed feasible for rehabilitation.
ii. Reconstruction—Reconstruction shall be defined as the demolition, removal, and
disposal of an existing housing unit and the replacement of that unit on the same
lot with a unit that complies with the universal design features in new
construction established by §2306.514, Texas Government Code, energy
standards as verified by a RESCHECK certification, and the International
Residential Codes, as required by Subchapter G, Chapter 214, Local Government
Code. Reconstruction of a housing unit should be of a similar type structure. For
example, a stick built housing unit may be replaced with a stick built unit.
Manufactured units are not eligible for rehabilitation or reconstruction.
iii. Replacement—Replacement shall be defined as the replacement of housing taken
or demolished by government action. Replacement will be for a comparable unit,
not to exceed three bedrooms, two baths, at a location that is not within the 100
year flood plain. If the replacement unit is newly constructed, the unit must at a
minimum comply with the universal design features in new construction
established by §2306.514, Texas Government Code, energy standards as verified
by a RESCHECK certification, and the International Residential Codes, as
required by Subchapter G, Chapter 214, Local Government Code.
iv. Demolition — Shall be defined as activities necessary to alleviate conditions in
slum and blighted areas. The City or its contractors/sub-contractors will use all
available resources, including Housing Authorities, Habitat for Humanity,
Community Housing Development Organizations, and other non profit
organizations, to provide displaced persons with access to decent, safe, sanitary,
and affordable housing in the City's service area.
B. FINANCIAL ASSISTANCE
i. Rehabilitation and Reconstruction assistance will not be provided in a floodplain.
Replacement assistance is available to eligible home owners for construction on a
lot not located in a 100-year flood plain.
ii. The maximum amount of assistance to be provided to an applicant for Owner
Occupied Rehabilitation shall be $65,000 (Sixty-five thousand dollars). The level
of assistance must not be greater than the 221(d)3 limits for Beaumont.
iii. The maximum amount of assistance to be provided to an applicant for
Reconstruction shall be $100,000 (One hundred thousand dollars).
Page 2 of 18
iv. The maximum amount of assistance to be provided to an applicant for
Replacement housing shall be identical to that of reconstruction.
C. INSPECTIONS
i. In order to document the physical condition of the home that will be repaired,
rehabilitated or reconstructed through the Owner Occupied Rehabilitation
Program, a thorough inspection will be required. This inspection will be
documented in writing, with drawings and photographs as needed. All items
needing repair will be documented with specific measurements and locations
sufficient to create a work-write up and cost estimate.
D. PROGRAM PARAMETERS
i. The minimum amount of assistance that may be provided to any applicant shall be
One Thousand Dollars ($1,000.00).
E. FEASIBILITY ANALYSIS
i. For each unit assessed under the Program, a preliminary budget will be prepared
to indicate the potential cost of emergency repairs, rehabilitation, or
reconstruction. This budget, including any inspection checklist, notes,
photographs and drawings will be called the "feasibility analysis". This budget
should include all major systems but need not detail individual items of cost. If
the cost of rehabilitation, including lead hazard inspection and reduction,
demolition, and site improvements required by environmental conditions:
(1) Is less than $51,250 for hard costs, the City of Beaumont will offer
Rehabilitation assistance to the applicant. Reconstruction will not be an
option and the City will prepare a detailed work write-up and cost estimate
for rehabilitation adequately documented to be used as bid documents.
(2) Is more than $51,250 for hard costs, the City will offer Reconstruction
assistance to the applicant.
H. If feasibility analysis indicates a budget in excess of$51,250 based on the above
estimate for rehabilitation and the applicant does not desire reconstruction, the
City should `'walk away" from the project after notifying the applicant that the
project is not feasible and offering an explanation in writing.
4. PARTICIPANT ELIGIBILITY
A. INCOME LIMITS
Page 3 of 18
To be eligible for assistance, all applicants must meet the following criteria.
L Total household annual gross income may not exceed 80% Area Median Family
Income (AMFI), adjusted for family size, as published annually by HUD.
fl. All income will be verified utilizing third party verifications.
W. The City will conduct income verifications in accordance with 24 CFR Part 5
requirements using procedures as stated in the Technical Guide for Determining
Income and Allowances, 3rd Edition (HUD -1780-CPD).
The most current income limits, published annually by HUD, shall be used to verify the
income eligibility of each household applying for assistance. Under no condition can a
household that exceeds 80% AMFI receive assistance.
B. PROPERTY REQUIREMENTS
L An applicant must own the property and occupy the property as his or her
principal place of residence. In order to be eligible, the applicant must
demonstrate property ownership through deeds and/or property records. The
applicant is considered the owner if he or she:
(1) Possesses valid fee simple title to the property; or
(2) Possesses a valid, recorded life estate in the property; or
(3) Possesses a valid, recorded warranty deed; or
(4) Maintains a 99-year leasehold interest on the property;
u. In the absence of proof of property ownership described above, to be eligible for
assistance, the applicant household must provide:
(1) Proof of paid property taxes for all applicable taxing years.
(2) Proof of paid homeowner's insurance (must be current at the time
applicant is approved for assistance)
W. Contracts for Deed and/or Contracts for Sale are NOT acceptable forms of
ownership.
C. PROPERTY TAXES
L All delinquent property taxes shall be paid prior to the award for
rehabilitation/reconstruction assistance; or the property owner must have qualified
for and received a tax deferral as allowed under Section 33.06 of the Texas Tax
Page 4 of 18
Code. A written verification of the tax status must be placed in each applicant's
file. For verifications conducted via telephone, a telephone confirmation form
must be completed including, but not limited to, date of contact, name of contact,
and phone number of contact.
S. PROGRAM MARKETING
A. The availability of the Program funds shall be publicized via:
i. Press releases in the local newspapers, including but not limited to the following:
(1) Beaumont Enterprise;
ii. Public Service Announcements (PSA's), which are developed and distributed to
local broadcast media, including but not limited to the following:
(1) KLVI , KOGT, and KOLE radio stations;
(2) KFDM, KBMT, KJAC and FOX television stations.
(3) City of Beaumont public access station.
W. Informational pamphlets, public notices, and outreach targeting special needs
groups distributed by public or non-profit organizations, including but not limited
to the following:
(1) Places of worship in Beaumont.
(2) Beaumont Public Libraries.
(3) City of Beaumont Bulletin Board.
iv. The City of Beaumont is strongly committed to providing information in English
and Spanish. Every effort will be made to make applications available in English
and Spanish. A Spanish interpreter will be made available to assist in the
application process.
B. AFFIRMATIVE MARKETING PLAN
i. In addition to marketing through widely available media outlets, The City will
take additional measures to affirmatively market the Owner-Occupied
Rehabilitation Program services, as follows:
Page 5 of 18
(1) The City will contact and market to the following local organizations that
provide unique access for persons who are considered members of a
protected class under the Fair Housing Act:
(a) NAACP;
(b) League of United Latin American Citizens (LULAC);
(c) Catholic Charities
(2) The City will advertise with the following media outlets which provide
unique access for persons who are considered members of a protected
class under the Fair Housing Act including:
(a) Ethnic newspapers and/or radio stations
(3) In addition, The City will take the following measures to make the
program accessible to persons who are considered members of a protected
class under the Fair Housing Act:
(a) Hold informational meetings in buildings that are compliant with the
Americans with Disabilities Act (ADA) and provide special assistance
for those who are visually impaired when requested.
ii. Documentation of all marketing measures used, including copies of all
advertisements and announcements, will be retained by the City and made
available to the public upon request.
W. Whenever possible, the City will use the Fair Housing logo in advertising, post
Fair Housing posters and related information, and, in general, inform the public of
its rights and obligations under Fair Housing regulations.
iv. The City will accept and/or make applications available as follows:
(1) At Beaumont City Hall, 801 Main St., Suite 201, Beaumont, Texas
(2) Via regular mail at P O Box 3827, Beaumont, TX 77704.
(3) Length of time, days, and hours that applications will be available,
including but not limited to:
(a) Online 24 hours a day;
(b) During regular business hours at Beaumont City Hall;
V. The City may select applicants from an existing waiting list. The next eligible
applicant on the waiting list will be offered Owner-Occupied Rehabilitation
Page 6 of 18
assistance, if funds are available, after the applicant before them on the waiting
list either declines assistance or is deemed ineligible.
(1) The City shall notify all applicants in writing of their eligibility status.
(2) The City shall notify the applicant in writing if the requested emergency
repair, rehabilitation, or reconstruction is deemed ineligible or not feasible.
(3) The City shall be the sole arbiter of the applicant's eligibility and the
feasibility of any activity provided under the program.
(4) The decisions of the City shall be final.
(5) Financial assistance to the applicant will be provided in the form of a
grant.
6. METHOD OF APPLICATION
A. The Owner-Occupied Rehabilitation Program City and/or his/her designee shall
be responsible for advertising the availability of the program and for accepting
applications.
B. The City will accept applications from interested households as long as funds are
available from the U. S. Department of Housing and Urban Development. All
applications will be date-stamped as they are received, and will be reviewed for
completeness in the order in which they are received.
C. Applications will be screened for completeness and all information related to
program eligibility, including but not limited to employment, income, assets, and
liabilities, will be verified. The City and/or his/her designee shall be responsible
for determining the eligibility of each applicant.
D. The funding decisions of the City shall be final.
E. All applicants selected for assistance shall be interviewed to determine the
applicant's housing needs and types of eligible repairs required. A written
agreement will be executed between the City and the applicant outlining the
responsibilities and terms of the assistance.
7. FIRST-COME, FIRST-SERVED WAITING LIST
A. All Eligible Participants
i. All eligible applicants will be rated on a first-come, first-served basis so that a
priority of funding might be established. Based on the resident's need, the City
will determine which funding source best fits that need and how and when the
assistance is granted in accordance with applicable program guidelines. With this
Page 7 of 18
understood, priority will be given to applicants residing in Census Tracts 6, 7 or 9
who are:
(1) Elderly') and/or disabled(b)
(2) Single head of household
(3) All other applicants
Furthermore, the City of Beaumont (and its sub-contractors) will not give
preference to or discriminate against any person on the basis of race, color,
religion, national origin, sex, disability, or familial status.
(a) Elderly: age 62 or over
(b) Disabled:
• If the applicant is under age 62 and is receiving Supplemental Security
Income (SSI), this is sufficient evidence of disability. Retain a copy of the
SSI award letter in the activity file.
B. In addition, repairs that prevent further damage to selected homes will be
completed first, when possible.
C. Incomplete applications will not be placed on a waiting list until all required
documents for the application are provided to the City and the application is
verified and certified as program eligible.
D. Incomplete applications will not be accepted.
8. PROPERTY REQUIREMENTS
A. The property must be a single-family dwelling located in Census Tracts 6, 7 or 9
in the Beaumont city limits.
B. Assistance is not available for properties located in a flood zone.
C. The applicant must provide evidence of homeownership.
D. After assistance is provided, at a minimum, the dwelling must be in compliance
with local building codes and zoning ordinances and applicable construction or
livability standards.
L Newly constructed homes (including reconstructs) must meet:
Page 8 of 18
(1) Energy standards as verified by a RESCHECK TM certification. The
certification must be available in the City's file prior to purchase.
(2) The International Residential Code as 11 of the IRC as required by
Chapter 388 of the Health and Safety Code as applicable.
E. Any housing unit built before 1978 must be inspected for hazards associated with
the presence of lead-based paint or may be presumed to have lead-based paint
hazards. Proof of notifications, work completed and clearance examination must
be available for the City's file.
F. Housing units located in an area where Federal Assistance is not permitted by the
Coastal Barriers Resource Act or within runway clear zones of either a civil or
military airport are not eligible properties.
10. ELIGIBLE IMPROVEMENTS & EXPENSES
A. Rehabilitation funds shall be used for repairs and/or replacements that are
necessary to bring the structure into compliance with applicable local codes or
standards and HQS.
B. As required to complete construction services, necessary "project soft cost" and
administration cost as defined by the City and not exceeding the predetermined
program limits are allowable costs.
C. All sites must be cleaned before any construction activity can begin.
D. Rehabilitation funds may also be used for general improvements that are
"reasonable and customary" except as excluded herein. All improvements must be
physically attached to the property and be permanent in nature.
E. Owner-Occupied Rehabilitation funds may not be used for luxury items. Luxury
items include, but are not limited to, jacuzzis, hot tubs, fireplaces, swimming
pools, fences (other than those required for security), television, and satellite
dishes.
F. Air conditioners and heating systems, water heaters, stoves, and refrigerators are
eligible for replacement under the Owner-Occupied Rehabilitation. Appliances
and housing components that are not integral to the structure of the home such as
window unit air conditioners, washers, dryers, dishwashers, detached garages and
carports are not eligible.
G. The use of lead-based paints is prohibited. Any units built prior to 1978 will be
inspected and assessed for any hazards associated with the presence of lead-based
paint by a State of Texas certified lead inspector/assessor as required. Each
family will be notified as to the hazards of lead based paint. Where any hazard has
been detected, the owner shall be notified. Feasibility analysis of reducing the
Page 9 of 18
lead hazards will be included as part of any feasibility analysis that is conducted.
If rehabilitation and lead hazard reduction is not feasible a reconstruction may be
proposed.
H. All city building permits shall be obtained by the contractor at his/her expense
and may be included as part of the bid.
11. PARTICIPANT APPROVAL AND RESPONSIBILITIES
A. After the applicants have been approved for assistance by the City or his/her
designee, a property inspection must be conducted to determine the work
necessary to upgrade the structure to minimum Program standards. All work
done must meet local building codes and HQS at a minimum. Newly constructed
housing must also meet IRC and energy code requirements. Work write-ups will
be required for all applicants awarded. Reconstruction and replacement projects
will also require plans and specifications. `Before" and "After" pictures shall be
taken by the City to provide a photographic record of the necessary structure and
improvements and must be submitted with all work write-ups and copies of the
initial property inspection.
B. Applicants will be given the opportunity to accompany the City, or his/her
designee on the work write-up inspection in order to discuss the proposed work
items. When the work write-up has been completed and a cost estimate prepared,
the City or his/her designee shall discuss the scope of the work and the effect of
the cost estimate with the applicant. If the applicant agrees with the scope of
work and to his/her responsibility regarding any additional funding, the applicant
shall sign off on the final work write-up that is used in the bidding process. The
City or his/her designee shall agree not to omit any work items that are necessary
to bring the structure up to program standards as previously established herein.
C. Upon completion of the work write-up, the City, and/or its designee, shall solicit
competitive bids for the proposed work from a list of contractors interested in
Program participation. The City, and/or its designee, shall select the qualified
contractor and shall forward the bids to the City for review. The bid must be
within 10% of the initial cost estimate. If the bid is too high, one of the following
will occur: 1) request the bidder to review his or her bid to determine if any items
were priced inappropriately and to revise his/her bid accordingly; 2) agree to pay
the difference; or 3) re-bid the project in its entirety. If errors are confirmed in the
original cost estimate, appropriate estimate adjustments shall be made to
effectively compare the bids to this estimate. All contractors must meet all City
requirements and must be approved by the City prior to execution of the
rehabilitation contract. The contractor must meet and comply with all contractor
requirements as hereinafter established for this Program.
D. After the work write-up has been completed, a before-rehabilitation appraisal
valuation will be obtained from the Jefferson County Appraisal District in order to
Page 10 of 18
determine that the after-rehabilitation value does not exceed the maximum
allowed (203 b limits).
12. CONTRACTOR SELECTION
A. CONTRACTOR QUALIFICATIONS
i. Contractors are responsible for, and must meet minimum requirements as follows:
(1) All contractors shall carry and provide proof of a current general liability
policy of at least one hundred thousand dollars ($100,000). This policy
should cover all work done under the Owner-Occupied Rehabilitation
Program and be pre-paid throughout the contract period. No geographical,
time or other limitation that excludes the Owner-Occupied Rehabilitation
Program will be acceptable.
(2) The contractor and sub-contractors must not be debarred, suspended, or
ineligible according to the U.S. General Services Administration's List of
Parties Excluded from Federal Procurement or Non-Procurement
Programs. Verification of contractor eligibility from the Texas
Department of Housing and Community Affairs is not required prior to
awarding any contract to the contractor unless federal labor standards
requirements apply.
(3) All contractors must be able to provide proof of performance and/or
payment bonds.
(4) Whenever possible, the City will give opportunities to Historically
Underutilized Businesses (HUBS) and will make an affirmative effort to
encourage bids from such contractors.
(5) Whenever possible, opportunities shall be given to locally owned
businesses and low-income residents of a given area.
ii. In addition to these requirements, the City may establish their own fair and evenly
applied criteria for contractor selection. These may include but are not limited to:
(1) Workers compensation insurance,
(2) Verification of quality of work references;
(3) Verification of credit references; and
(4) Verification of established line of credit.
Page 11 of 18
I
iii. An approved contractor list will be created and will be accessible to all applicants
who meet the fair and reasonable criteria pre-established by the City. Such criteria
will be made available in writing upon demand by interested parties.
13. CONTRACTOR PROCUREMENT
A. Contractors will be selected through an itemized bid process. A sealed bid is the
preferred method of selecting bids. The home owner may select any bid that is
within 10% of the cost estimate.
B. Contractors will adhere to the terms of the rehabilitation contract including
performance standards and the general specifications. Whenever the need for
clarification results in a change, such issues will result in a written change order
prior to any work being completed. No work will be approved except that which
is established in the contract and in written approved change orders. Any
unforeseen or hidden condition should be reported to the City immediately. Any
item that conflicts with these standards should be reported immediately by the
contractor.
C. Whenever possible the contractor will make an effort to minimize the impact of
the construction on the applicant. Work shall be carried out swiftly and directly.
Electric, water, sewer and gas service will not be interrupted for more than twelve
(12) hours without written approval by the applicant being assisted with Owner-
Occupied Rehabilitation funds. Heat will be provided at all times during winter
months. Doors, windows and any other large openings or air leaks will be
repaired on the same day. The work area shall be secured at all times.
D. The work area shall be left clean and free from clutter at the end of each day and
the contractor, not the applicant, will be responsible for storage of materials and
tools.
E. Prior to the commencement of construction, the applicant will arrange to move
and store any valuable personal property that might be damaged during the course
of construction. If property is damaged through negligence of the contractor,
arrangements will be made by the contractor to reimburse the applicant.
F. The contractor shall use the site and its facilities only for specified construction.
The electrical, water, sewer and gas systems shall be used only for construction
purposes and during the construction phase only.
G. Any discrepancy in the contract documents shall be brought to the attention of the
City immediately.
H. Failure of contractors to meet the specified criteria can result in:
L Contractors not being eligible for payment, and will not become party to any
future Owner-Occupied Rehabilitation Program funded projects.
Page 12 of 18
I. The contracting sequence for housing rehabilitation projects shall be: Invitation
to Bid, Bid Opening, and Contract Award.
ii. Within ten (10) days of notification of the contract award, the successful bidder
shall provide the City with:
(1) a list of sub-contractors, and
(2) certificates of insurance.
(a) certificates of insurance from the issuing company will show current
coverage in the amount stipulated in the contract documents and with a
thirty (30) day notice of cancellation of insurance to the City for:
general liability with completed operational coverage, vehicle liability,
and statutory workman's compensation (as required).
J. The contractor shall begin work within ten (10) days of receiving the issuance of
the Notice to Proceed.
14. CONTRACTOR REQUIREMENTS
A. The number of work days shall be set out in the contract. Upon completion of the
work acceptance by the City and applicant, the Certificate of Final Inspection is
issued and the Warranty Period begins.
B. Thirty(30) days after the Certificate of Final Inspection date, the statutory amount
retained is released to the contractor, except in cases where it is determined that
the retained should not be released.
C. It is recommended that payments are made when a project reaches 33%, 66%, and
100% completion and at 30 days after a Certificate of Final Inspection is issued.
Alternatively, a contractor may opt for payments to be made when a project
reaches 50% and 100% completion.
D. All payment requests will be made in writing by the contractor to the City and
will include a list of items, their costs, and a sum of the item costs.
E. The work to be paid should be based solely on completed items from the schedule
of values submitted by the contractor prior to construction or the Itemization of
Bid Form if no schedule is submitted.
F. The City will inspect such work as soon as possible (usually within one business
day) from receipt of such request.
G. The City will provide a completed Contractor Request for Payment form to the
Contractor to sign for the work which payment is authorized and will then request
Page 13 of 18
the applicant to execute the Contractor Request for Payment form. Payments will
be made thereafter.
H. All materials used shall be new (unless otherwise specified in the Owner-
Occupied Rehabilitation Program Specifications Guide) and of good quality. All
work shall be done with skilled craftsmen and accomplished with care. Contractor
shall provide samples to the applicant for selection for all materials as cited in the
individual specifications and provide reasonable time to the applicant to make
selections. Contractor shall submit a letter to the City, signed by the applicant,
stating that the applicant approves of colors and quality of items such as, but not
limited to: paint, flooring materials, brick, shingles, vinyl siding,
door/window/drawer hardware, and counter tops.
I. Upon completion of construction, the contractor will:
i. remove all construction debris from the site;
ii. clean and mop all resilient floors;
iii. clean all new and existing paint from other finished surfaces including window
glass and mirrors;
iv. leave all newly installed items in operating condition;
V. light gas water heater pilots, stove/oven pilots and gas heater pilots;
A. start all other electrical and mechanical systems;
vii. put all hardware in operating condition;
viii. deliver new keys to applicants if hardware is installed.
J. Discovery of defective elements made known to the contractor before or during
the construction process shall be brought to the immediate attention of the City in
writing. When repairs are made, the repairs shall reasonably match the
surrounding materials in original design and dimension as approved by the City.
K. Where additional work is necessary to make repairs or to correct unforeseen
dangerous conditions, the contractor shall submit to the City a proposal consisting
of what type of work is needed, the cost of such work, and the time necessary for
such work to be completed. Unless it is determined there exists an immediate
health and safety danger, NO WORK SHALL BE AUTHORIZED until agreed
upon in writing by the applicant, contractor, and the City.
L. Compensation for additional work will be negotiated in the following manner:
i. the deletion of work proposed, but not started; or if that is not possible,
Page 14 of 18
ii. an increase to the dollar amount of the contract (if funds are available).
M. No other work shall be done to the project other than the work agreed upon in
writing by the applicant, the City and contractor or as necessary to remove
immediate health and safety dangers during the construction phase.
N. Contractor will be responsible for determining utility needs, to provide adequate
sanitary facility(s) and to safely operate equipment on site.
15. PRE-CONSTRUCTION CONFERENCE
A. The City shall conduct a pre-construction conference with the contractor and the
recipient. The terms of the proposed rehabilitation contract will be explained
along with the roles of the City and the applicant. Additionally, the City will
explain the inspection procedures, completion requirements, and payment
procedures. At the pre-construction conference, the City shall have the following
documents properly executed by both the applicant and the contractor: 1) the
Notification of Lead-Based Paint form; 2) the Pre-construction Conference
Report; and 3) the Contractor's Non-Kickback Certification. In addition, exterior
and interior "before"pictures will be taken and placed in file.
B. Prior to adjourning the pre-construction conference, the City shall present the
rehabilitation contract to be executed by the applicant and the contractor. Upon
executing the rehabilitation contract, the contractor will be provided with a
written Notice to Proceed. This Notice to Proceed will allow for a ten (10) day
start period from the date of the notice and shall also stipulate the number of days
allowed for completion of the work.
C. Each rehabilitation contract executed with a contractor shall contain a completion
date and provide for liquidated damages if the contractor fails to meet such
completion date.
16. INSPECTIONS AND CONSTRUCTION PAYMENTS
A. The City will assist the applicant in ensuring that all contracted work is completed
prior to payment and that such work was performed in an acceptable manner. To
accomplish this, the City will engage Inspector to conduct an initial inspection at
work write up and a progress inspection at 33% and 66% (alternatively 50% and
100%) completion, any additional inspections deemed necessary, and a final
(100%) inspection upon completion of all of the work, noting deficiencies in
written reports and keeping these reports in the project case files.
B. The contractor may submit an initial partial payment request upon completion of
33% of the work. A maximum of three partial payments will be allowed. Final
payment may be requested upon full completion of the work. The contractor will
Page 15 of 18
only be paid for the work completed, not for stored materials. Advancing Owner-
Occupied Rehabilitation funds to a contractor is prohibited. A ten percent (10%)
retainage will be withheld and such retainage will not be released until final
payment is made or until the 30th day after final payment is made.
C. Where applicable, permits may be required for work to be done on
Mechanical/Electrical/Plumbing/Structural (MEPS) systems. Any MEPS work
that requires a permit must be performed under the supervision of a licensed
tradesman and the work shall be inspected by a licensed inspector for the
appropriate trade to ensure that work is in full compliance with applicable local
codes.
D. Where applicable, building permits will be required for building construction
work and the building inspector for that area will inspect the job in accordance
with the area's normal building inspection requirements.
E. In the event a change order is deemed necessary, contractor must request a review
by the City and upon a determination by the City that such change order is
necessary, a written change order must be executed between the applicant and the
contractor. All change orders must be approved by the City prior to the contractor
proceeding with the work.
17. CONTRACT COMPLETION
A. Upon completion of the contracted rehabilitation work, the City's Inspector shall
conduct a final inspection of the structure when requested by the contractor. If the
inspection reveals that corrective work is required on any improvements covered
in the contract, the City's Inspector shall prepare a punch list for the contractor.
After all work, including the punch list, has been completed to the satisfaction of
the City's Inspector and the applicant, and the work is accepted, the City shall
issue a fully executed Certificate of Completion and Final Inspection form.
B. Upon completion of the Certificate of Final Inspection, contractor shall ensure
that the following documents are submitted to the City:
i. Statements from all subcontractors involved in the project;
ii. Contractor's Final Invoice form;
iii. Contractor's Non-Kickback Certification;
iv. Release of Liens; and
V. all contractor and manufacturer warranties.
C. After receipt of these documents, the City shall cause a final check (less 10%
retainage) to be issued to the contractor. Upon receipt of the final check the
Page 16 of 18
contractor shall execute the Receipt of Final Payment, and this will effectively
constitute completion of the project.
D. After 30 days from final completion, the City shall conduct a post-inspection
along with the applicant and contractor. If no discrepancies are found during the
post-inspection, the City will approve the release of the 10% retainage to the
contractor. However, if discrepancies are noted, the City shall withhold retainage
in an amount equal to one and one-half times the value of the work remaining to
be done. Upon completion of this work, another post-inspection shall be
conducted, and if the work is completed to the satisfaction of the City and the
applicant, the City shall approve the release of the withheld retainage; otherwise,
the same process is repeated.
E. Following the completion and acceptance of the rehabilitation work, the City shall
take "after" rehabilitation pictures (interior and exterior) to provide a
photographic record of the structure and improvements accomplished.
F. Contractor Warranties
i. All work performed by the rehabilitation contractor shall be guaranteed for a
period of one (1) year. Such warranty shall be stipulated in the construction
contract between the contractor and the applicant. For a period of one (1) year, the
applicant may require the contractor to correct defects or problems arising from
his or her work under this contract. Should the contractor fail to do so, the
applicant may take any necessary legal recourse as prescribed in the rehabilitation
contract. A reasonable amount of time shall be given to correct the problem, but
the contractor shall contact the applicant within two (2)business days.
18. FILES AND RECORDS
A. The City shall maintain accurate files and records on each applicant. All pertinent
documentation must be maintained for five years after project completion. Such
files shall be open for public inspection in accordance with the Texas Public
Information Act and be available at the City's offices.
B. Project Close-Out
i. The City shall ensure that upon completion of each project, the following closeout
forms are maintained:
(1) HUD's Homeownership Assistance Project Completion Report;
(2) Historically Underutilized Businesses (HUBs) Report; and
(3) Other forms as may be required by HUD.
Page 17 of 18
C. Contract Close-Out
i. The City shall ensure that upon completion of the contract the Certification of
Completion and such other forms as may be required are maintained.
19. GRIEVANCE PROCEDURE
A. Each applicant or participant shall have the right to appeal any decision in the
form of a grievance to the City, provided such appeal is made within fifteen (15)
days from when the decision has been rendered or the grievance occurred and/or
became known to the applicant. If the applicant/participant is not satisfied with
the decision of the City, he/she may then appeal his or her grievance to the U. S.
Department of Housing and Urban Development provided such appeal is made
within fifteen (15) days from the date of the decision of the City. The decision of
the City shall be final.
B. City Employees Not To Be Held Liable
i. No member, officer, agent, or employee of the City of Beaumont shall be
personally liable concerning any matters arising out of or in relation to, the
commitment of Owner-Occupied Rehabilitation Program funds with regard to
feasibility or viability of the proposed project.
ii. Changes, Waivers And/Or Conflicts
(1) The City of Beaumont shall have the right to change, modify, waive or
revoke all or any part of these guidelines in writing by a majority vote
taken at an open meeting of the Beaumont City Council.
(2) No member of the governing body of the City of Beaumont and no other
official, employee, or agent of the City of Beaumont who exercises policy
or decision-making functions or responsibilities in connection with the
planning and implementation of this Program shall be eligible for
rehabilitation assistance, in accordance with 24 CFR Section 570.489(h),
Conflict of Interest.
Addendum
Desired changes and/or additions to this program design may be allowed. Please cite the
section that is to be replaced along with the proposed and/or alternative language. Only
amendments submitted in this way will be considered for approval by Beaumont City
Council.
ADOPTED by the Beaumont City Council on the day of , 2009
Resolution#
Page 18 of 18
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WORKSESSION
* Review and discuss the Texas
Weatherization Assistance Program
RICA WITH OPPORTUNITY
r
T • E • X • A • s City Council Work Session
TO: City Council
FROM: Kyle Hayes, City Manager
� 5I3
PREPARED BY: Christopher S. Boone, Community Development Director
MEETING DATE: October 6, 2009
SUBJECT: Texas Weatherization Assistance Program.
COMMENT:
The Texas Weatherization Assistance Program (WAP) is a Department of Energy-funded
program authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). The
Weatherization Assistance Program is designed to increase the energy efficiency of dwellings
owned or occupied by low-income persons and improve their health and safety, especially low
income persons who are particularly vulnerable such as the elderly,persons with disabilities and
families with young children.
Typical weatherization work includes the installation of attic and wall insulation, caulking,
weather stripping, repair or replacement of inefficient appliances, doors, windows, and minor
energy-related repairs. The type of weatherization that a household may receive is contingent
upon a household's income eligibility and a comprehensive assessment of the household's
energy use. Funding in the amount of$1,382,532 has been allocated to the City of Beaumont for
this program. This level of funding should allow for the provision of service to approximately
175 homes, with five percent(5%) of the funding amount used for administration expenses. The
City would have two years to complete this program.