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HomeMy WebLinkAboutPACKET AUG 30 2011 Alan •119 OrTe " '"ITT BEAUNo X REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 30,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 23,2011 * Confirmation of committee appointments A. Authorize the payment of an invoice to Entergy Texas,Inc. B. Authorize the City Manager to execute all documents necessary for an affiliation agreement between The City of Beaumont EMS and The University of Texas Health Science Center at San Antonio C. Authorize the City Manager to execute all documents necessary for CPS/Ho tal ty � �Y � Preparedness Grant Agreement between The City of Beaumont EMS and East Texas Gulf Coast Regional Trauma Advisory Council D. Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Line Easement located at 4760 College Street E. Authorize the settlement of the claim of Richter Architects, a Texas corporation, and Jaster-Quintanilla Dallas,LLP,a Texas corporation A SICK WITH OPPORTUNITY BE,A,U T • g • g A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Q�. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council authorize the payment of an invoice to Entergy Texas, Inc. RECOMMENDATION Administration recommends the payment of an invoice to Entergy Texas, Inc. in the amount of $83,480.64. BACKGROUND The construction of the new event center, street and sidewalks resulted in relocation of overhead power lines. A pad mounted 3-phase transformer was installed to provide underground utility service. Entergy pulled the secondary conductor lines through the conduit. This transformer will provide service to the building located on the SW corner of Neches at Crockett,the event center and the children's museum. The cost of the transformer and related installation was$83,480.64. BUDGETARY R"ACT Funds for this project are available in the Capital Program. 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 approve payment of an invoice in the amount of $83,480.64 to Entergy Texas, Inc. for the relocation of power lines to power a business on the Southwest corner of Neches and Crockett Streets,the Downtown Event Center and the future Children's Museum. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - RICK •IT= OPPORTUNITY BEAUM* T • S • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes",Public Health Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and The University of Texas Health Science Center at San Antonio. RECOMMENDATION Administration recommends Council approval. BACKGROUND The City of Beaumont EMS Division would like to enter into an agreement with The University of Texas Health Science Center at San Antonio to provide an opportunity for students to utilize The City of Beaumont EMS for the sole purpose of clinical rotation and for educational purposes under the direct supervision of The City of Beaumont EMS Division. The University of Texas Health Science Center at San Antonio will assume all responsibilities and insurance for the students under this agreement. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and the University of Texas Health Science Center at San Antonio for the sole purpose of clinical rotation and educational purposes under the supervision of the EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - C SIC= WITH OPPORTUNITY BEAUMON* T • $ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the CPS/Hospital Preparedness Grant Agreement between The City of Beaumont EMS and East Texas Gulf Coast Regional Trauma Advisory Council. RECOMMENDATION Administration recommends Council approval. BACKGROUND The agreement between the City of Beaumont EMS Division and East Texas Gulf Coast Regional Trauma Advisory Council specifies participating agencies and hospitals to conduct,document and report an operations-based exercise (drill, functional or full scale) that validates the overarching requirements and sub-capabilities listed below: 1 - Interoperable communications and Emergency system for Advance registration of volunteer health professionals 2 -Any 2 of the following a- fatality management b -medical evacuation/shelter-in-place c-tracking bed availability BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into a CPS/Hospital Preparedness Grant Agreement between the City of Beaumont EMS Division and East Texas Gulf Coast Regional Trauma Advisory Council to conduct, document and report an operations-based exercise that validates overarching requirements and sub-capabilities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEAu IMOK* T E g s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10') wide Exclusive Sanitary Sewer Line Easement. RECOMMENDATION The Administration recommends acceptance of a Sanitary Sewer Line Easement located at 4760 College Street. BACKGROUND RLS II Properties Management, Inc. has agreed to convey a ten foot(10')wide Sanitary Sewer Line Easement to the City of Beaumont. The property is described as 0.067 Acre out the Replat of Lots 81 A and 81 B, College Acres Subdivision located at 4760 College Street. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, RLS II Properties Management, Inc. has offered to convey a ten foot (10') wide sanitary sewer easement for property located at 4760 College Street, said easement being 0.067 acre out of the Replat of Lots 81A and 81B, College Acres Subdivision, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of providing sanitary sewer services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by RLS II Properties Management, Inc.,as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - EXHIBIT"A" METES AND BOUNDS DESCRIPTION OF A 10 FEET WIDE TRACT OF LAND FOR SANITARY SEWER EASEMENT PURPOSES SITUATED IN THE DAVID BROWN SURVEY,ABSTRACT NO. 5, BEAUMONT, JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land for sanitary sewer easement purposes out the Replat of Lots 81A and 81B of the College Acres Subdivision as recorded in Clerk's File No. 2011016325 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the David Brown Survey, Abstract No. 5, Jefferson County, Texas, and being more particularly described by metes and bound as follows; BEGINNING at a '/z" iron rod found located on the North Right-of-Way line of College Street (U.S. Hwy 90) marking the Southwest corner of said Lot 81A and the Southwest corner of the herein described tract of land; THENCE North 00 deg. 04 min. 00 sec. East along the West line of said Lot 81 A with the West line of this tract a distance of 10.00 feet to a point marking the Northwest corner of the herein described tract of land; THENCE South 89 deg. 58 min. 00 sec. East along the North line of this tract across said Lot 81 A and 81 B a distance of 110.08 feet to a point located on the East line of Lot 81 B marking the Northeast comer of the herein described tract of land; THENCE South 00 deg. 27 min. 21 sec. West along the East line of said Lot 81 B with the East line of this tract a distance of 10.00 feet to iron rod with cap found located in the said North Right-of-Way line of College Street marking the Southeast corner of said Lot 81B and the Southeast corner of herein described tract of land; THENCE North 89 deg. 58 min. 00 sec. West(Reference Bearing) along the South line of Lots 81 A and 81 B with the South line of this tract of land and along North line of College Street a distance of 293.33 feet to the Southwest corner and POINT OF BEGINNING and containing in area 2,933 square feet or 0.067 acres of lan more or less. Surveyed: August, 2011 ...TF-� A -.'GNSTE,Q' .JOHN R:(B08)HODGESo SU�v Jo (Bob)Hod es R. .L.S. #4583 � l�l Page 1 of 3 Z:\A&G SURVEYINGIWnS&BOUNDS\201 I\13CP-050.doc EXHIBIT "A" EXHIBIT "A" Notes: Bearings referenced to the North line of College Street, North 89 deg. 58 min. 00 sec. West - Plat. An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds Description. Page 2 of 3 ZAA&G SURVEYINGVMETES&BOUNDS\201 I\BCP-050.doc ZONE: X FIRM:D 485457 0035 C EXHIBIT "All � DATED: 08/06/2002 /'� ST NOTE: COORDINATES REFERENCED TO THE S TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83 DATUM. oo 0 FOR GIS PURPOSES ONLY. p BEARINGS REFERENCED TO NORTH R.O.W. ��! 9 PROPOSED LINE OF COLLEGE STREET, p� EASEMENT N 89'58'00" W - PLAT. O o S SV4644•E 28621' FND. FND. CAPPED — _ — — CAPPED I.R. 15' BUILDING SETBACK LINE I.R. REMAT OF LCYFS SIA AND 810 ACRES BEALWNT JEFF DON COUNTY,TEXAS I CF#W IMOM O.P.U.C. w� z z J J Y m LOT S1A LOT SIB ig W 3 Z ZI Fm J �.0F T � Q�6 .R B).H0pq I 4583 N 00'04'00'E 10.00' S 00'27'21•W 10.00' 20' BUILDING SETBACK LINE FND. — — — FND. 1/2" s E208W CAPPED I.R. I.R. u srwor 4SS.3E POB N■18,8S7,S'wm SEAR01 ti) LEGEND E-.9,503,70635 ♦ FOUND CORNER AS SHOWN COLLEM STREET PRIDP08ED IV WIDE (U.S. FINNY 90) • POINT FOR CORNER SANITARY SEWER BASBME IT OFFICIAL PUBLIC RECORDS 2"SQ O.P.R.J.C. OF JEFFERSON COUNTY 0.067 ACS. POB POINT OF BEGINNING EXHIBIT SHOWING PAGE PROPOSED 10'WIDE SANITARY SEWER EASEMENT OUT OF REPLAT OF LOTS 81A AND 81 B UX & "TES OF COLLEGE ACRES ♦tNanui �� °, of �..s" •...4.. p.�, DAVID BROWN SURVEY, AB-5 cl♦ o aeo,Mr New too BEAUMONT, JEFFERSON COUNTY, TX TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: AUGUST 2011 SCALE: 1" = 60' DRAWN: JDLLG TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: BCP-050 VERSION: AUTOCAD 2012 CHECKED: JRH EXHIBIT "B" E RICH WITH OPPORTUNITY BEAUNON!w T • E • % • A • S City COt1IICl Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: August 30,2011 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Richter Architects, a Texas corporation,and Jaster- Quintanilla Dallas, LLP, a Texas corporation. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Richter Architects, a Texas corporation, and Jaster-Quintanilla Dallas LLP, a Texas corporation.. BACKGROUND Council discussed the settlement of this claim in Executive Session on April 5, 2011. BUDGETARYIMPACT There will be a payment of funds to the City in settlement of this claim. RESOLUTION NO. WHEREAS, the claim of Richter Architects and Jaster-Quintanilla, LLP has been discussed in an Executive Session properly called and held Tuesday, April 5, 2011; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Richter Architects and Jaster-Quintanilla, LLP. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - RICE WI'T■ OFFORTWXI?= BEAU,.NON* T * Ri * X * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 30,2011 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 confirming the appointment of James P. Singletary to the position of Police Chief 2. Consider authorizing the City Manager to execute an agreement for management consulting services related to Hurricane Ike Disaster Recovery Round 2 grant Proles 3. Consider authorizing the acquisition of property,fronting Laurel Street at Magnolia,needed for the construction of public improvements(skate park, sidewalks,lighting,parking spaces,landscaping,etc.) 4. Consider granting a new solid waste collection and transportation service franchise to Liquid Vacserv,LLC 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: The City of Beaumont,Texas v. Jefferson County; Jail Rates * Consider matters related to the deliberation of the purchase, exchange,lease or value of real property in accordance with Section 551.072 of the Government Code,to wit: 0.9263 Acre Tract or Parcel of Land A. Savery League,Abstract No. 46 Jefferson County,Texas Owner: Gary Robbins Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 August 30,2011 Consider confirming the appointment of James P. Singletary to the position of Police Chief RICH WITH OPPORTUNITY BEA-M- * T • E • X • A • S City CO Rcii Agenda Item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: August 30,2011 REQUESTED ACTION: Council consider confirming the appointment of James P. Singletary to the position of Police Chief RECOMMENDATION The City Manager recommends approval. BACKGROUND The City Manager appointed James P. Singletary to the position of Police Chief on August 24, 2011. Chapter 143 of the Local Government Code requires that a police chief appointed by the municipality's chief executive be confirmed by the municipality's governing body. Upon confirmation,Mr. Singletary will assume command on September 30,2011. A copy of Mr. Singletary's resume is attached for your review. MAJOR JAMES P. SINGLETARY May 23,2011 Jefferson County Sheriffs Office P.O.Box 3522 Beaumont,TX 77704 Phone:409.835.8419 E-mail:jsingletary@co jefferson.tx.us answof My 40 years in law enforcement have given me a diverse background that includes supervisory positions with the Jefferson County Sheriffs Office Law Enforcement Division, Special Weapons and Tactics Team, Narcotics Task Force. I have held supervisory positions with the Beaumont Police Department's Patrol Division, Criminal Investigations Division, Narcotics Unit, Special Weapons and Tactics Team, Personnel, Internal Affairs, and Training. I hold a Top-Secret Security Clearance issued by the Federal Bureau of Investigation, as well as a Master Peace Officer's and Instructor's Certificate with the Texas Commission on Law Enforcement Standards and Education. I have a total of 10 years experience as a Major with the Jefferson County Sheriffs Office,having served nine years as Assistant Commander of the Narcotics Task Force and one year as Commander of Law Enforcement (Criminal Investigations Unit,Fugitive Warrant Division, and Courthouse Security). I have also served two years as Law Enforcement.Coordinator for the Department of Justice in the U.S. Attorney's Office for the Eastern District of Texas; two years as Commander of the Beaumont DEA Drug Task Force; and for the past 34 years have acted as lead instructor for the Lamar University Regional Police Academy's Defensive Tactics and Use of Force Program. Since 2009 I have been assigned to the FBI's Safe Streets Task Fore, working with the FBI and seven Iocal agencies on violent crimes and major federal cases. Bachelor of Business Administration in Marketing,Lamar University,Beaumont,Texas Completion of First Module,Law Enforcement Management Institute of Texas Jefferson County Sheriff's Office-- • Commander,Law Enforcement Division 2010-Present Supervision of 45 officers in all aspects of criminal investigations,from homicide to fraud. Responsible for fugitive apprehension officers and supervising all aspects of their job duties. Also responsible for maintaining courthouse security,including all courtrooms. • Commander,Special Weapons and Tactics(SWAT)Team 2002-Present Responsible for training and supervising 20-man SWAT Team. Major James P. Singletary Page 2 Poattlons Held/mince(00tWd) Jefferson County Sheriffs Office(Cont'd)- • Major,Narcotics Task Force 2002-2010 Supervised 37 narcotics officers in all phases of narcotics investigation and interdiction. • Lead Instructor for Defensive Tactics and Use of Force for the Jefferson County Sheriffs Office Police Academy 2003 -Present United States Department of Justice-- • Law Enforcement Coordinator,U.S.Attorney's Office,Eastern District of Texas 2000-2002 Coprdinated over 16 Law Enforcement Training Conferences,including conferences on drug investigations,anti-terrorist training,SWAT training,and search and arrest warrants. Beaumont Police Department— Lieutenant,Narcotics and Vice 1993 -2000 Supervised 12 Narcotics Investigators and one Civilian Technician in conducting all phases of narcotic and vice investigations. • Lieutenant/Commander, Special Weapons and Tactics(SWAT)Team 1981 -2000 Supervised all phases of SWAT Team,including all SWAT call outs and on-scene deployment; all administrative and tactical planning; all training involving 19-man SWAT Team. • Lieutenant(Commander,Drug Enforcement Administration Task Force 1991 - 1992 Supervised four local Task Force agents and three DEA agents in all aspects of the DEA Task Force,including raid planning,surveillance,undercover operations,and personnel scheduling. • Lieutenant,Training and Personnel 1990- 1991 Developed and maintained all facets of Beaumont PD training, including criminal law updates,Use of Force training,administrative organization,and organizing/conducting all types of law enforcement seminars. • Lieutenant,Internal Affairs 1989- 1990 Supervised two Investigators and one civilian in all aspects of Internal Affairs,including all Use of Force complaints and all complaints generated on police officers both internally and externally. Major James P. Singletary Page Beaumont Police Department(Cont'd)- • Lieutenant,Criminal Investigations Division 1988- 1989 Supervised 30 Detective Sergeants on all aspects of criminal investigations,including murder,assault,robbery,burglary,theft,and forgery. • Lieutenant,Patrol Division 1988 Supervised six Patrol Sergeants,31 Patrol Officers,and seven civilian dispatchers in all aspects of patrol work on the First Watch Patrol Division. Lamar University Regional Police Academy— Lead Instructor,Defensive Tactics and Use of Force Program 1976-Present Developed and continue to maintain Defensive Tactics and Use of Force Program for the Academy,which includes approximately two academies per year since 1976 (10 daystyr.for 34 yrs). IBM"Etc, Graduate,Lamar University Regional Police Academy,Beaumont,Texas Graduate,Defensive Tactics Instructor's Course,Texas Department of Public Safety Graduate,Defensive Tactics Instructor's Course,Tactical Defense Academy,Austin,Texas Graduate,Counter-Terrorist Unlimited Advance SWAT School,Austin Police Department Graduate,numerous Military Tactical Courses associated with SWAT training Graduate,Advanced SWAT School,Houston Police Department Graduate,Texas Peace Officers Instructor's Course for Defensive Tactics and Use of Force, Lamar University,Beaumont,Texas Graduate,Dignitary Protection School,Lamar University,Beaumont,Texas Awarded Second Degree Black Belt,Beaumont School of Jhoon Rhee Institute of Tae-Kwon-Do, Fred Simon,Instructor Accumulated 31,000 TCLEOSE-approved training hours and 268 training points with the Beaumont Police Department and Jefferson County Sheriffs Office Conducted and/or supervised over 50 joint SWAT training exercises with numerous Military and Law Enforcement personnel Authored and/or supervised more than 500 search and arrest warrants in my career Have testified over 220 times in both criminal and civil courts(federal and state),and have been certified as an expert witness in civil trials and hearings in more than 20 cases over my career in the areas of Officer Procedure,Rules of Arrests,and Use of Force RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment by the City Manager of James P. Singletary as Police Chief for the City of Beaumont be and the same is hereby confirmed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - 2 August 30,2011 Consider authorizing the City Manager to execute an agreement for management consulting services related to Hurricane Ike Disaster Recovery Round 2 grant projects RICH WITS OPPORTUNITY BEA010,N* T e R • X e A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED$Y: Patrick Donart,Public Works Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council authorize the City Manager to execute an agreement with Public Manage-- n I Inc. of Cleveland, TX for management consulting services related to Hurricane Ike Disaster Recovery Round 2 grant projects. RECOMMENDATION Administration recommends approval. BACKGROUND The City applied for and anticipates receiving a grant contract award of Hurricane Ike disaster recovery fimds fivin Round 2,Phase 1 and 2,of the U. S. Department of Housing and Urban Development's Community Development Block Grant disaster recovery program. Requests for Proposals were received on August 18, 2011 for management consulting services to assist the City in the overall management of anticipated grant contracts. Services to be provided ink,but are not limited to, management of the environmental cle rmce procedures,record keeping requites,financial managemnent,Labor Standards monitoring,Fair Housing Equal Employment Opportunity Requirements, and contract close-out assistance. Two(2)proposals were evaluated by staff members,Brenda Beadle,Capital Projects Manager, Chris Boone, Com=munity Development Director, and Patrick Donato P.E.,Public Works Director. Criteria used in the evaluation of the proposals included company experience with compar"federally funded projects,past experience with Federal Community Development Block Grant programs,knowledge of local projects and environmental issues,as well as the company's technical approacb. The committee met and reviewed the proposals ranking Public Management, Inc. with the highest scone. The company has extensive experience with similu projects throughout Texas including the City of Beaumont's projects f nkled by the Hurricane Ike Texas Community Development Block Grant Program,Round 1,administered by the Texas Department of Rural Affin ILAF nt Consulting Agreement August 30, 2011 Page 2 BUDGETARY H"ACT The City has bean awarded a grant for South Park Draiage Improvements through the 1"phase of Round 2 funding. The consulting fees for this project are$415,538 and will be paid from the Want funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with Public Management, Inc., of Cleveland, Texas,for management consulting services to assist the City in the overall management of grant contract awards of Hurricane Ike disaster recovery funds. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - MANAGEMENT SERVICES CONTRACT STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON S This agreement made and entered by and between PUBLIC MANAGEMENT, INC. of Cleveland, Liberty County, Texas (herein called Consultant) and the CITY OF BEAUMONT, Texas (herein called City) for the purpose of retaining Consultant to render services to implement the City's 2008 Texas Community Development Block Grant Program (TXCDBG), Round 2.1 Supplemental Disaster Recovery Fund,which is administered by the Texas General Land Office(GLO). I. Consultant agrees to provide City with services as follows: a) Provide administrative assistance including but not limited to budget revisions, time schedules, record maintenance, and amendments requiring prior GLO approval. b) Assure compliance with performance standards for citizen participation. c) Prepare and maintain a written Environmental Review Record; assist in compliance with Flood Plain and Wetlands Management review guidelines. d) Implement and document real property acquisition and relocation assistance activities. e) Develop, implement and document Fair Housing and Equal Opportunity requirements and serve as the City's Fair Housing Officer during the course of this Program. f) Implement and document labor standards and contract compliance regulations in Program projects/activities. g) Assist in the maintenance of a financial accounting system incidental to the various Program projects/activities. h) Assist in other measures and matters incidental to and necessary in carrying out the City's Program. i) Advise the City concerning Program requirements and regulations. j) Act as the City's liaison with GLO on all communications. EXHIBIT "A" k) Prepare necessary reports about the Program, including the performance report for GLO the Mayor, City Council and citizens' groups. It is specifically agreed and understood that the Consultant will not provide either personally or by contract any professional or technical services requiring a license by the State of Texas in any phase or aspect of the foregoing rather, Consultant will advise City of the need of such services in furtherance of the planned objectives of the City's Program. II. Consultant hereby agrees that in the implementation of this agreement, he will comply with the provisions of Attachment 1--Terms and Conditions, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatim. III. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. IV. It is agreed by the parties hereto that Consultant will, in the discharge of services herein, be considered as an Independent Contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultant's fees under the Procurement Standards of Attachment O of OMB Circular No. A-102 and Title 24 CFR Part 570.200(g) Consultant Activities. V. For and in consideration of the foregoing, City agrees to pay Consultant a fee not to exceed FOUR HUNDRED FIFTEEN THOUSAND FIVE HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($415,538.00) payable upon receipt of invoice from Consultant in accordance with the following schedule: Fee Schedule Application Completion $1,500.00 Submission of Financial Startup Forms 1,500.00 Documentation of Bank Account 1,500.00 Set Up Record Keeping System 5,500.00 Environmental Review 75,000.00 Financial Management/Drawdowns 55,000.00 Coordinate Contractors/City Personnel 50,000.00 Equal Opportunity Requirements 12,000.00 Fair Housing Requirements 12,000.00 GLO Liaison 35,000.00 Bid Documents/Bid Timetable/Bid Award 35,000.00 Construction/Demolition Compliance/Davis Bacon 55,000.00 Reporting and Correspondence 35,000.00 Closeout Documents 41,538.00 VI. The City Manager or his/her designated representative will act as the Consultant's primary contact regarding all matters in connection with the Program. VII. This agreement shall extend and be in full force until the City's 2008 TXCDBG, Round 2.1 Supplemental Disaster Recovery Fund program has been fully closed out by GLO. VIII. If either party shall fail to keep any of the agreements herein by him to be kept, or to make any payments by him to be made, the other party may, by giving the party in default written notice, cancel and terminate this agreement as and from the expiration of five (5) days of receipt of said notice. In the event of termination, City agrees to pay Consultant for all services actually performed and expenses incurred as of the date of termination in accordance with the schedule set forth in Paragraph V hereof. It is specifically agreed and understood by the parties hereto that, in the event of breach by Consultant, City reserves and preserves unto itself any and all remedies, administrative, legal, or equitable as may accrue to it either under the terms of this agreement or the laws of the State of Texas or of the United States. IX. City, GLO, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions. Consultant agrees hereby to maintain all records made in connection with this agreement for a period of three (3) years after City makes final payment and all other pending matters are closed. X. If, by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied on,the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, acts of public enemy, orders of any of the Government of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasonably within the control of the party claiming such inability. XI. This document embodies the entire agreement of the parties hereto and no amendment, addition, or deletion will be valid except same is in writing and executed by the parties. XII. If a portion of this contract is or be declared illegal, the validity of the remainder and balance of the contract shall not be affected thereby. PUBLIC MANAGEMENT, INC. P. O. Box 1827 Cleveland, Texas 77328 281592-0439 J. ANDREW RICE President CITY OF BEAUMONT Kyle Hayes, City Manager ATTEST: TINA BROUSSARD City Clerk ATTACHMENT 1 TERMS AND CONDITIONS I. Equal Employment Opportunity During the performance of this Contract,the Consultant agrees as follows: a) The Consultant will not discriminate against any employee or applicant for employment because of race, creed sex, color or national origin. The-Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex color or national origin. Such action shall include,but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth provisions of this non-discrimination clause. b) The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. c) The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d) The Consultant will include the provisions a. through c. in every subcontract or purchase order unless exempted. II. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. III. Section 109 of the Housing and Community Development of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. IV. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c) The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d) The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The Consultant will not subcontract with any subcontractor where he has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued herunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his contractors and subcontractors, his successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. V. Section 503 Handicapped Affirmative Action for Handicapped Workers a) The Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap inall employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) The Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c) In the event of the Consultant's non-compliance with requirements of this clause, actions for non-compliance may be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d) The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e) The Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. fj The Consultant will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. VI. Interest of Members of City No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of program, shall have any personal financial interest, direct or indirect, in this Contract and the Consultant shall take appropriate steps to assure compliance. VII. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connections with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. VIII. Interest of Consultant and Employees The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this contract, no person having any such interest shall be employed. 3 August 30,2011 Consider authorizing the acquisition of property, fronting Laurel Street at Magnolia, needed for the construction of public improvements (skate park, sidewalks, lighting, parking spaces, landscaping, etc.) RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 30, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property, fronting Laurel Street at Magnolia, needed for the construction of public improvements (skate park, sidewalks, lighting,parking spaces, landscaping, etc.). RECOMMENDATION The Administration recommends approval. BACKGROUND The owner of the property listed below,has agreed to convey his property to the City: Tract 1 a .0694 acre of land, situated in the Noah Tevis League, Abstract No. 52 (991 Laurel) Value: $91,000.00 Owner: TARM Properties (Ralph Thomas Adams) The City will receive $327,200 from the Department of Housing and Urban Development, on a reimbursement basis, for the construction of public improvements fronting Laurel Street at Magnolia. The improvements will clean up the northern entrance to the Event Center property while also adding an additional recreational attraction in the Central Business District. The City Council toured the site on April 12, 2011. BUDGETARYIMPACT Funds are available in the Capital Reserve Fund to purchase the property and for the removal and disposal of the concrete slab, which is estimated at$50,000. _ EXMITB Ili PARCEL I r OWNER:TARM Properties,L.L.C. M E TM'�T PROPOSED TAKING:0.694 ACRE REMAINDER:0.00 ACRES 120• �,�'G51 0• 30• 60' '(f.4%S NO• SCALE:1'= 0• VICINITY MAP 00 NS SET•x'MARK N.T.S. P' in CONC. so`1 ps`N J FND 5l8'I. IV VJRDR FAMILY ROD w/cap PAWNER",LTD. ""TECH 0.0 Ate Turd SURVEYORS' Clerk's FUs 140.9440894 O.P.R.J.C. P FND I U� REMAINDER OF TIDELAND SPECIALTY,LTD. 11.4488 Puns Trod Clark's FIle No.2002018131 O.P.R.J.C. - CITY OF BEAUMONT CALLED 0.456 ACRE TRACT PARCEL'S' Clerks Flo No.2008034437 O.P.R.J.C. CURVE TABLE CURVE DELTA ANGLE IRADIUS HORD'BEARING ICHORDLENGTH JARC LENGTH C1 6 054'35" - 385.00' N15 040'12"E 46.40' 46.43' C2 14 044'00" 1455.W INII-45-30-E 116.68' 11 17.00' Miscellaneous Notes 1 Rood Zone informadon 1. AN bearings are based on the Taxes State Plane Coordinste System of 1983 According to Map No.4851570020 C,Of the Federal Emergency (CORS),South Central Zone(4204),(U.S.Survey Fool} AN distances and Management Agency's Flood Insurance Rats Maps for Jefferson acreage are Surface with a combined adjustment factor of 1.00007 appNed. County.dated August 6,2002,the subject tract is shield within: Vnehsded)Zone X-Areas dabornbled to be outside 500 you 2. 5/8'Iron Rods w/caps stamped'WORTECH SURVEYORS'set at all Ioodpgin.Location of the stllject tract on said maps were comers marked O unless otherwise noted. determined by scale with actual field elevation not determined. WORTECH Land Surveyors,Inc.does not warrant nor subscribe to 3. This survey Is a boundary survey mly,and was prepared without the benefit the accuracy or scale of said maps. of a current ConwrAnent for Title Insurance,Contra tion Plane.or Abstractors Car likete and therefore easements.Pipelines,ullities,or encumbrances may exist which are not shown hereon.No subsurface probing,excavation or exploration was performed for this survey nor was any1bft3VlaaOflS research of the Public Records of Jefferson County regarding thew easements,udtlas,pipelines or encumbrances performed by WORTECH FND Found O.P.R.J.C. Of loW public Records Land Surveyors,Inc..The location of all plpe#nes,UMISS and easements(if F.C. Fern Code Jefferson Canty any)shown hereon are based upon actual field location as evidenced from 1.ROD Iron Rod R.O.W. Right-of-way visibla pipeline makers,physical featues,and/or written descriptions of the physical locations as recorded in documents Aled In the County Clark No. Number N.T.S. Not to Scale Records which were provided to the surveyor by others. 4. Nothing In this survey Is Intended to express an opinion regarding ownership or We of any property. JOB NtY 2011.053 FIELD BOOK 6811029-664/022 SURVEYORS CERTIFICATION DR.BY: MAG 1 F The undersigned does hereby eerily that this survey plat accurately DATE: 6.1-11 �! q represents an on the ground survey made under my direct supervision �• on December 17,2008 and June 2,2011 and is being submitted along SCALE: 1' wIlh the Surveyors Field Note dessxW-(Exhibit A)of the property W. ECH I L shown hereon,which Iles in Jefferson County,Texas. LAND SURVEYORS, 1480 Cornerstone Court Beaumont,Texas 77706 i Tel: 409.866.9769 Ties DOCUMENT NOT VALID Fax:409.866.7075 VONOUT ORIGINAL SEAL AND E SURVEYOR www.wortech.com '� W,ART E C H "Recognizing the landmarks of the past.....setting our foresight towards the future" LAND SURVEYORS, INC. EXHIBIT"A" Richard L Worthey,RPLS J.L.Sims,Jr.,RPLS June 2,2011 Surveyor's Field Note Description:PARCEL"I" BEING a 0.694 acre tract of land being out of and a part of that certain TARM Properties,L.L.C.tract of land, more fully described as Tract 1 recorded in Clerks File No. 2005038589 of the Official Public Records of Jefferson County, Texas. Said 0.694 acre tract of land being situated in the Noah Tevis League,Abstract No.52,Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the Southeast corner of said Tract 1, same being the Southwest corner of that certain WRDR Family Partners-II, LTD. called 0.69 acre tract of land, more fully described and recorded in Clerks File No. 9440894 of said Official Public Records and being in the North line of the remainder of that certain Tideland Specialty, LTD. called 1 1.4488 acre tract of land, more fully described and recorded in Clerk's File No.2002046131 of said Official Public Records; THENCE South 69 deg. 07 min. 36 sec. West along and with the South line of said Tract 1, same being the North line of said 11.4488 acre tract, a distance of 271.54 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set in a curve at the Southeast corner of that certain City. of Beaumont called 0.264 acre tract of land, more fully described as Parcel "B" recorded in Clerk's File No. 2009044503 of said Official Public Records, same being the Northeast corner of that certain City of Beaumont called 0.456 acre tract of land,more fully described as Parcel"E"recorded in Clerk's File No. 2009034437 of said Official Public Records; THENCE in a Northeasterly direction along and with the East line of said 0.264 acre tract and curve to the right, having a delta angle of 6 deg. 54 min. 35 sec., a radius of 385.00 feet, a long chord that bears North 15 deg.40 min. 12 sec.East,a distance of 46.40 feet and an arc length of 46.43 feet to 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the end of said curve and the beginning of a reverse curve; THENCE in a Northeasterly direction continuing along and with the East line of said 0.264 acre tract and reverse curve to the left, having a delta angle of 14 deg. 44 min. 00 sec., a radius of 455.00 feet, a long chord that bears North 11 deg. 45 min.30 sec. East,a distance of 116.68 feet and an arc length of 117.00 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS" found at the Northeast corner of said 0.264 acre tract and being in the North line of said Tract 1, same being the South line of South Street(30 feet wide right-of-way); THENCE North 69 deg. 08 min. 27 sec. East along and with the South line of said South Street, same being the North line of said Tract 1, a distance of 180.99 feet to an "x" mark set in concrete at the Northeast corner of said Tract 1; THENCE South 20 deg. 52 min.22 sec. East along and with the East line of said Tract 1,same being the West line of said 0.69 acre tract, a distance of 135.50 feet to the PLACE OF BEGINNING, containing 0.694 acre of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on December 17, 2008 and June 2, 2011 and is being submitted along with a survey plat Exhibit "B" showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (COBS), South Central Zone (4204), `U.S, Survey foot'. All distances and acreages are Surface with a combined adjustment factor of 1.00007 appl' �► OF !' istered Professional Lan Surveyor 4599 p. 1480 Cornerstone Court 4*�=ste±fq Beaumont,Texas 77706 ti .»..►�''�� Tel: 409.866.9769 Fax: 409.866.7075 S U R www.wortech.com. f . . :.�, ;,.,- �.. � ,N ` r � �, �=, +� � s� ^x°�`�. F � _ - �.,;:. �r 6 a z-rs `` ��� �.a 3� . 1 � ._ - � v - - - - - ____ _-_ ,. 7 23 r 4 y _ a '1 �. F -1 ye.. ♦.=;'yi:-e ! } i ! 1 JL - ifr+;+.--'-111 �'�► � -- __ € - — 1 t� ' 4631 I T a; i t F� � r 6 +. �_,�,� z•"I. 4 i jam 4 lot ,3 ^ 1 f 1 4 IN9 {I 19 •.C � ;��y � f iO 4. 1 ti r r�a r1 W ! t � .I f, r uM a�t � p �i. f � k �Tr IPA U161 got-som i+ s, 1 1 r 4 Ik t � r 3 I _.� �- �� fit ■ JMMJ ME -fall LF <- � . x m NO �u _ - N � }+ s Chs.- e Y WOK �&_ r%ft - + - -+ .�...M .- a. ' _ t t�P A y$ - ff5 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the construction of public improvements fronting Laurel Street at Magnolia Street: Tract 1, 0.0694 acre situated in the Noah Tevis League, Abstract No. 52 (991 Laurel) Value: $91,000.00 Owner: TARM Properties (Ralph Thomas Adams) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2011. - Mayor Becky Ames - _ VV47%RTECH "Recognizing the landmarks of Me past.....setting our foresight towards the future" LAND SURVEYORS, INC. EXHIBIT"A" Richard L Worthey,RPLS J.L.Sims,Jr.,RPLS June 2,2011 Surveyor's Field Note Description:PARCEL"I" BEING a 0.694 acre tract of land being out of and a part of that certain TARM Properties,L.L.C.tract of land, more fully described as Tract 1 recorded in Clerks File No. 2005038589 of the Official Public Records of Jefferson County, Texas. Said 0.694 acre tract of land being situated in the Noah Tevis League,Abstract No. 52,Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the Southeast corner of said Tract 1, same being the Southwest corner of that certain WRDR Family Partners-II, LTD. called 0.69 acre tract of land, more fully described and recorded in Clerks File No. 9440894 of said Official Public Records and being in the North line of the remainder of that certain Tideland Specialty, LTD. called 11.4488 acre tract of land, more fully described and recorded in Clerk's File No.2002046131 of said Official Public Records; THENCE South 69 deg. 07 min. 36 sec. West along and with the South line of said Tract 1, same being the North line of said 11.4488 acre tract,a distance of 271.54 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set in a curve at the Southeast corner of that certain City of Beaumont called 0.264 acre tract of land, more fully described as Parcel "B" recorded in Clerk's File No. 2009044503 of said Official Public Records, same being the Northeast corner of that certain City of Beaumont called 0.456 acre tract of land, more fully described as Parcel"E"recorded in Clerk's File No. 2009034437 of said Official Public Records; THENCE in a Northeasterly direction along and with the East line of said 0.264 acre tract and curve to the right, having a delta angle of 6 deg. 54 min. 35 sec., a radius of 385.00 feet, a long chord that bears North 15 deg.40 min. 12 sec.East,a distance of 46.40 feet and an arc length of 46.43 feet to 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the end of said curve and the beginning of a reverse curve; THENCE in a Northeasterly direction continuing along and with the East line of said 0.264 acre tract and reverse curve to the left, having a delta angle of 14 deg. 44 min. 00 sec., a radius of 455.00 feet, a long chord that bears North 11 deg.45 min.30 sec. East, a distance of 116.68 feet and an arc length of 117.00 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS"found at the Northeast corner of said 0.264 acre tract and being in the North line of said Tract 1, same being the South line of South Street(30 feet wide right-of-way); THENCE North 69 deg. 08 min. 27 sec. East along and with the South line of said South Street, same being the North line of said Tract 1, a distance of 180.99 feet to an "x" mark set in concrete at the Northeast corner of said Tract 1; THENCE South 20 deg. 52 min. 22 sec.East along and with the Fast line of said Tract 1,same being the West line of said 0.69 acre tract, a distance of 135.50 feet to the PLACE OF BEGINNING,containing 0.694 acre of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on December 17, 2008 and June 2, 2011 and is being submitted along with a survey plat Exhibit "B" showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (COBS), South Central Zone (4204), 'U.S. Survey foot'. All distances and acreages are Surface with a combined adjustment factor of 1.00007 appl OF _ ` istered Professional LA&/Surveyor + 4599 o 1480 Cornerstone Court '!1 Beaumont,Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 8 tf R www.wortech.com. / l EXHIBIT "A" EXHIBIT B PARCEL"I" FIA OWNER:TARM Properties,L.L.C. � TM� PROPOSED TAKING:0.694 ACRE 7�N REMAINDER:0.00 ACRES �i `��OGy,� 0' 30 so' 120 ]C oP�i���N SCALE.1"-so' QyS SET'x'MARK wcn nTY MAP N p, CONIC. Mst'� FND 5/8'I. RDY� WRDR FAMILY _ ROD v Cap PARTNERS.LTD. OD 069 Acre Tract T 04 SURVEYORS' Clerk's File Na 9440894 O.PJ2.J.C. ti U 4 FND 112' 1.ROD U� REMA94DER OF TIDELAND SPECIALTY,LTD. 11.4486 Acre Tract Clerks File No.2002046131 O.P.R.J.C. CITY OF BEAUMONT CALLED 0.456 ACRE TRACT PARCEL"E" Clerks Fla No.2009034437 O.P.R.J.C. CURVE TABLE CURVE I DELTA ANGLE I RADIUS I CHORD BEARING I CHORD LENGTH I ARC LENGTH Cl 6°54'35" 1395.W N15°40'12"E 146.49 46.43' C2 14°4,00" 1455.W IN I1°45'30"E 116.68' 1117.00' Miscellaneous Notes Flood Zone Infonmitionn 1. AN bearings are based on the Texas Stale Plume Coordinate System of 1983 Acooding to Map No.4854570020 C,of the Federal Emergency (CORS),South Central Zone(42D4),(U.S.Survey Foot).AN doWrosa and Managernerd Agencys Flood Insurance RNs Maps for Jefferson acreage are Surface with a combined adjustment factor of 1.00007 applied. County,dated August 6,200$On subject tract Is Anted wbin: (Unshaded)Zone X-Ares determined to be outside WO"ar 2. 5/8"kon Rods wl caps stamped'WOFrrECH SURVEYORS'set at all Ooodpid n.Location of the subjed tract an said maps were comers marked•unless otherwise noted. dster finned by scale with actual told elevations not determined. WORTECH Land Surveyors,Inc.does not warrant nor subscribe to 3. This survey is a boundary survey only,and was prepared without the benefit the accuracy or scale of sold maps. of a current Camrtdtmsnt for Tills Insurance,CansVucdon Plans,or Abstractors Certfilco%and therefore easements,pipelines.uMties,or encumbrances may exist which we not shown hereon.No subsdface Abbre�datlon8 probing,excavation or exploration was performed for this survey nor was any researoh of tie Public RAcords of Jefferson County regarding Bose easements,utilities,pipellnes or encummbrancsrperformed by WORTECH FND Found O.P.R.J.C. Official public Records Land Surveyors,Inc..The location of a6 pipelines,utilities and easements(N F.C. Film Code Jefferson County any)shown hereon are based upon actual field location as evidenced from 1.ROD Iron Rod R.O.W. Rightof•way voW a pipeline markers,physical features,andlor written descriptions of the No. Number N.T.S. Not to Scale physical locations as recorded In documents filed in the County Clerk Records which were provided to the surveyor by others. 4. Notting in this survey Is Intended to express an opinion regarding ownership or title of arty property. JOB NO: 2011463 FIELD BOOK 6811=-684/022 SURVEYOR'S CERTIFICATION .rQsF.+�. The underslW-d does hereby certify that this survey plat accurately DATE 61 11 A* e4��♦7 represents an an the ground survey made under my direct supervision flaw on December 17,2008 and June 2,2011 and is bekg submitted along L *0 the Surveyors Field Nole description(F- AA A)of the properly WTE C H ,r Y ,', shown hereon.which Iles in Jefferson Cooly,Texas. � 459�r ,eel r '.�o LAND SURVEYORS, INC. 4 sUR E 1480 Cornerstone Court Beaumont,Texas 77706 r Tel: 409.866.9769 TMDOCUM@R NOT VALD Fax:409.866.7075 RGMTERED PROFESSIONAL SURVEYOR www.wortech.com sNneunwcq-E_&FP���o.a. EXHIBIT "B" 4 August 30,2011 Consider granting a new solid waste collection and transportation service franchise to Liquid Vacserv, LLC I RICH WITH OPPORTUNITY BEAUMON* T • E • X • A 9 s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager tom` PREPARED BY: Laura Clark, Chief Financial Officer{Ik MEETING DATE: August 30, 2011 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Liquid Vacserv, LLC. BACKGROUND According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Five (5)entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Liquid Vacserv, LLC has requested that the City Council grant the company such franchise agreement. Liquid Vacsery is locally owned and operated with its corporate office located at 2715 Laurel Street in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty(30) days from the first reading. The ordinance does not take effect until sixty(60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. BUDGETARYIMPACT A franchise fee of seven percent(7%) of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIQUID VACSERV, L.L.C. WHEREAS, Liquid Vacserv, L.L.C. (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and Section 1. Grant of Authorb There is hereby granted by the City to Liquid Vacserv, L.L.C. the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection,hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following report shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include:a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnily, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and,provide for thirty(30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48)hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Liquid Vacserv, L.L.C. 2715 Laurel Street Beaumont, TX 77701 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of , 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2011. - Mayor, City of Beaumont- ACCEPTANCE: LIQUID VACSERV, L.L.C. By: (Company Owner/Representative)