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HomeMy WebLinkAboutPACKET SEP 11 2012 RICK WIT■ OPPORTQKITT BEAUNON* T • 8 • Z • A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—September 4, 2012 * Confirmation of committee appointments A) Approve a resolution approving a contract with Legacy Community Development Corp for the Neighborhood Stabilization Program B) Approve a resolution authorizing the City Manager to receive additional funding through the Department of Homeland Security Supplemental 2007 Port Security Grant Program C) Approve a resolution authorizing the City Manager to amend the Management Agreement between Beaumont Transit Company and the City of Beaumont 4 A RICH WITH OPPORTUNITY [IEAUMON* T • E • X • A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officep MEETING DATE: September 11, 2012 REQUESTED ACTION: Council consider a resolution approving a contract with Legacy Community Development Corp for the Neighborhood Stabilization Program. BACKGROUND In response to the recent decline of property values and mortgage foreclosures across the country,the U.S. Department of Housing and Urban Development (HUD) developed the Neighborhood Stabilization Program (NSP), in order to assist with the revitalization and stabilization of impacted communities. The NSP was designed to provide targeted assistance to State and Local Governments to acquire and redevelop abandoned and/or foreclosed homes and residential properties that might otherwise become sources of blight within the neighborhoods. The City of Beaumont received a grant in the amount of$1,125,873 to purchase, rehabilitate, sell or rent affordable housing to low income citizens. This grant has allowed the City to purchase and rehabilitate eight single family residential homes and one duplex. This contract will allow for any of these properties that are not sold to be donated to Legacy Community Development Corp (Legacy), a not-for-profit Community Housing Development Organization(CHDO)that will manage the rental of the properties according to NSP guidelines. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Housing Division staff will be responsible for monitoring Legacy for the NSP program compliance. FUNDING SOURCE No funds are required. RECOMMENDATION Approval of resolution. RFP Name: RFP for non profit organization to own and manage rental units RFP Number: PF0812-08 RFP Opening Date: August 30, 2012 Legacy Community Development Criteria Max Value Beaumont, Tx Qualifications of the proposed personnel and contractors to carry out the proposed 30 30 program. Knowledge of HUD, CDBG, HOME and NSP regulations Numbers of single-family rental units developed in the past five (5)years and currently managed 30 24 successful) Financial capacity of respondent to carry out the 20 18 proposed scope of work. Proposed approach to carrying out the program 20 18 Total 1 100 90 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 Legacy Community Development Corporation (Legacy CDC)to allow for the management of rehabilitated properties in accordance with the Neighborhood Stabilization Program guidelines. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2012. - Mayor Becky Ames. - B RICH WITH OPPORTUNITY • � x • A • S Ci Council A enda Item T E ty g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 11, 2012 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to receive additional funding in the approximate amount of$17,878.05 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program. BACKGROUND Earlier this year,the City Council approved Resolution 12-069 that authorized the purchase of an armored vehicle for use in the Police Department. Additional grant funds are available that can be utilized towards the purchase. The memorandum of understanding with Jefferson County will be amended to reflect the additional funds, since they are the fiduciary agent. BUDGETARYIMPACT None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on April 13, 2010, City Council passed Resolution No. 10-093 authorizing the receipt of funding in the amount$1,507,184.25 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program (PSGP); and, WHEREAS, Resolution No.10-093 further resolved that the City Manager was authorized to enter into a memorandum of understanding with Jefferson County to facilitate expenditure of the grant funding through the PSGP fiduciary process; and, WHEREAS, additional funding is available in the amount up to$17,878.05 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program; and, WHEREAS, the City of Beaumont wishes to modify the Inter-Governmental Agreement with Jefferson County to allow for the additional funding allocations and to facilitate expenditure of the grant funding through the PSGP fiduciary process; and, 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 City Manager be and he is hereby authorized to receive additional funding in the amount up to $17,878.05 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program (PSGP). BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to modify the Inter-Governmental Agreement with Jefferson County to allow for the additional funding allocations and to facilitate expenditure of the grant funding through the PSGP fiduciary process. The modified Inter-Governmental Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2012. - Mayor Becky Ames - INTER-GOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY AND CITY OF BEAUMONT, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON This Agreement between Jefferson County Texas,hereinafter referred to as "County" and the City of Beaumont, Texas hereinafter referred to as "City" is as follows: WHEREAS,the County acts as the Fiduciary Agent for the 2007 Supplemental Port Security Grant Program hereinafter referred to as "2007 SPSGP"administered by the Department of Homeland Security and WHEREAS,the City has submitted and received approval from the Area Maritime Security Committee, Captain of the Port, and the Department of Homeland Security for the following projects: • Back up power for alternate EOC, ICP and dispatch $ 853,413.11 • Primary EOC Roof Hardening 667,216.00 • Communication Projects (Fire Alerting and Shortel Systems) 486,900.61 • CBRNE Response vehicle 253,888.00 Total $2,261,417.72 WHEREAS, Seventy five percent(75%)of the project(s) cost up to a maximum of $1,696,063.29 is approved under the 2007 Supplemental Port Security Grant Program. THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City as well as the County as a result of the project 1. The County acting as Fiduciary Agent will draw down these funds from the 2007 Supplemental Port Security Grant Program and issue payment to the City 2. The City has budgeted and made available the twenty five percent(25%) cash match as required by the 2007 SPSGP. 3. The City will ensure that project activities are in accordance with the 2007 SPSGP. 4. The County shall fully and satisfactorily perform all of the conditions and obligations as Fiduciary Agent under the terms of the 2007 SPSGP. EXHIBIT "A" 5. The City will fully and satisfactorily perform all of its obligations under the terms of this agreement. 6. This is a good faith effort between the County and the City to accommodate and assist the citizens of Jefferson County by providing the Sabine Neches Waterway with security improvements and each of the entities hereto pledge their best efforts to fulfill the obligation set forth herein this agreement. COUNTY OF JEFFERSON: WITNESS OUR HANDS effective this day of 92012. Jeff Branick, County Judge ATTEST: Carolyn Guidry, County Clerk, Jefferson County WITNESS OUR HANDS effective this day of , 2012. CITY OF BEAUMONT, TEXAS: Kyle Hayes, City Manager ATTEST: City Clerk c RICH WITH OPPORTUNITY [IEAIIMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 11, 2012 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to amend the Management Agreement between Beaumont Transit Company and the City of Beaumont. BACKGROUND Currently the Beaumont Municipal Transit system is managed through a Management Agreement with Beaumont Transit Company of Jacksonville, Florida. Attached is an amendment clarifying language(page 4)to require that any changes to wages and benefits would have to be approved by the City before they could be implemented. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an amendment to the Management Agreement with Beaumont Transit Company, of Jacksonville, Florida, for management services of Beaumont Municipal Transit. The contract as awarded 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 11th day of September, 2012. - Mayor Becky Ames - MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into this the day of 20 ,by and between the City of Beaumont,a Texas municipal corporation,(hereinafter referred to as City),and Beaumont Transit Company,a Texas corporation of Beaumont,Texas(hereinafter referred to as Company). WITNESSETH: WHEREAS, the City has acquired vehicles, repair facilities, furniture, fixtures, books, records, contracts and other properties for the operation of a public transportation system for the use and benefit of the public;and WHEREAS,the City intends to retain title,ownership,use and possession of all properties now or hereafter acquired for the purpose of said public transportation system and the revenues to be derived therefrom, but desires to engage a firm to operate and manage, under the supervision of the City , said public transportation system;and WHEREAS,the Company,its officers,and supervisory employees are trained and experienced in the operation of public transportation systems;and WHEREAS,the City deems it advisable and in the public interest to execute an agreement with the Company for the operation and management of its public transportation system; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein,it is agreed that: Section 1:The City hereby retains and employs the Company to provide management services and to operate its public transportation system, comprising all properties, equipment, facilities, routes, and services,now or hereafter existing for such purpose,to the end that the Company shall employ,furnish,and supervise the personnel, including the Resident Manager,necessary for the City's operation of its public transportation facility, and shall also perform such other services as hereinafter provided and under the conditions set forth. In this connection, the Company shall assume the active direction of the transportation system, including transportation, maintenance, schedule preparation, labor relations, accounting,employee selection and training, and supplying public information to the public in person or over the telephone. In addition,the Company shall fimn*and supervise all personnel required for the City's operation of its public transportation system. It is the intention of the parties in the execution of this Agreement that the Company shall provide the full and complete management services for the public transportation facility owned by the City during the term hereof and any specific duties and obligations set forth herein shall not be construed as limitations. This agreement shall become effective on_____, 2012 and shall remain in effect for a period of two(2)years and nine(9)mondrs from and after the effective date and for two additional one(1) year periods contingent upon satisfactory performance by the Company,meeting goals to be established by the parties hereto. Section 2: The City agrees to provide and furnish to the Company for the operation of the public 1 EXHIBIT "A" transportation system all of the properties and facilities of such system now or hereafter owned,purchased or leased by the City including,but not limited to,(a)passenger and service vehicles,(b)gasoline,diesel and other fuels,oils and lubricants,(c)tires and tubes for such vehicles,(d)repair and replacement parts and materials,(e)furniture, fixtures, and all necessary and usual office equipment and facilities, (f) shop and repair facilities,tools and machinery,and(g)land and buildings used for transportation purposes. Title to and ownership of all of said properties and facilities,including leasehold interests,shall be taken and held in the name of the City; purchases or acquisitions made after the effective date of this Agreement for the benefit or operation of the public transportation system shall be made by the City. Section 3: The Company agrees to manage, supervise, and operate the City's said public transportation system in an efficient and economical-manner. Nothing in this agreement shall or should be taken as a guarantee or representation by the Company that the operation of the City's public transportation system shall produce a profit to the City or shall be free from loss by reason the Company's management of the same pursuant to the terms of this agreement. The public transportation system shall be operated over the routes,on the schedules,and at the rates of fare as designated by the City, it being understood that, as between the parties hereto, the City has the sole authority to determine and set the rates to be charged, the routes to be operated, and the service to be furnished. Sectiiw 4:The Company agrees to furnish for the active management and direction of the system such general managerial,administrative,and technical services and guidance as shall be necessary for the proper operation of the system. The services may be provided in the principal office of the Company's parent corporation, or at such other place, or places, as the Company shall determine. The services and guidance provided by the Company's parent corporation or affiliated companies include,but are not limited to: (a) Pa oll : The maintenance of employment records; cross checking of pay rates and raze increases to labor contracts; calculation of special pay rates under labor contract; summarization of daily time cards for total pay hours and gross pay; calculation of withholding and social security taxes; maintenance of other payroll deduction records and ledgers for pension contributions, bonds, uniforms, union dues, group insurance, united way, etc.; maintenance of schedules as to timing of deductions, calculation of net pay,preparation of quarterly Federal and state payroll tax returns;preparation of weekly depository forms and filings for payroll taxes; preparation and issuance of W-2 forms at year end; maintenance of record of exempt wages; preparation of payroll register, maintenance of individual employee earning records;and preparation of the individual paychecks. (b)Accounts Pg Processing of all disbursements; matching receiving reports with invoices received;checking to see that Purchasing has verified the pricing with the purchase order;reconciling the individual invoices to the vendor's statement; preparing the vouchers and voucher register and preparing the disbursement checks for signature. (c)Pu as' • Issuance of purchase orders; maintenance of price lists;maintenance of perpetual inventory records;preparation of bidding specifications for tire,fuel,and similar contracts;issuance of bid proposals for tire, fuel, and similar contracts and analysis of such bids, combination of bidding with affiliated operations,if beneficial,physically make,summarize,and analyze inventories of fuel,materials and supplies, and other assets, cross shipping of parts with affiliated operations to reduce obsolescence; preparation of requests to manufacturers for parts returns; supervision and control of billings under manufacturers warrants;product comparison;supervision and evaluation of field testing of new products; preparation of maintenance bulletin;coordinate and conduct maintenance manager's conferences. 2 (d)General Accounting: Maintenance of general ledger and all subsidiary records;preparation of journal entries;maintenance of statistical information;preparation of budgets and forecasts;preparation of special reports;preparation of financial statements;preparation and filing of Federal and state payroll tax returns and other required tax filings; establishment of internal control and procedures to safeguard cash and other assets; performance of periodic internal audits to assure procedures are adequate and are being followed;preparation of financial reports required in connection with special Federal or state demonstration grants,capital grants and operating subsidies;programming of data processing equipment; [availability of data processing equipment on an as-needed basis for payrolls, accounts payable, property records and special projects.] (e) Insurance Supervise handling and settlement-of all accident and injury claims; conduct safety education programs:administer group insurance coverage;process and control sick pay and worker's compensation claims;administer the acquisition of insurance coverage;combination of collective risks of all affiliated operations into one policy if beneficial to spread the risk over a broader base and obtain lower rates;supervise the handling and processing of worker's compensation and other insurance claims, coordination of selection and training procedures, coordinate and supervise maintenance of accident records and driver records; maintain accident statistical data for National Safety Council and American Public Transit Association competition; prepare and distribute reports analyzing accidents; obtain necessary filings to comply with state insurance requirements; evaluate data collected from accident investigation and litigation with excess liability carrier; maintain claim files; and supervise subrogation claims. During the term of this agreement, the Company shall take out and maintain the following insurance coverages: (1) Automobile Liability Insurance applicable to claims arising from the use,operation and maintenance of buses providing liability limits at least in the amount of$5,000,000 per occurrence,combined single limits bodily injury and/or property damage. Liability limits at least in the amount of$1,000,000 per occurrence combined single limits bodily injury and/or property damage shall be maintained for use and operation of private passenger vehicles and service vehicles owned or operated by or on behalf of the City. (2) Automobile Collision and Comprehensive Insurance must be maintained covering all vehicles owned or operated by the Company. The City shall be named as loss payee as their interests may appear. (3) Commercial General Liability Insurance providing liability limits at least in the amount of $1,000,000 per occurrence applicable to claims for bodily injury and/or property damage. The City shall be included as named insureds under this policy. (4) All risk Property Insurance covering loss or damage to personal property and equipment located within premises leased to or occupied by the City. The City of Beaumont shall be named as loss payee. (5) Inland Marine Insurance protecting against all risks of direct physical loss must be maintained for communications equipment and other movable equipment of high value. (6) Employee Blanket Fidelity Bond coverage must be maintained protecting the Company and the City with limits at least in the amount of the maximum potential exposure to loss of 3 monies for which the City is responsible. (7) Worker's Compensation coverage providing statutory benefits and Employers Liability Insurance, including the Broad Form All States Endorsement shall be maintained, protecting all employees of the Company against occupational injury or disease. The Company shall provide the City with insurance certificates certifying that the foregoing insurance is in force;and such insurance certificates shall include provisions that the insurance shall not be canceled,allowed to expire or changed without giving the City thirty days written notice by certified mail. (f)Man ement: The officers=and.employees of the Company's parent corporation shall-perform all the normal functions of their positions for the Company without receiving any direct compensation from the City;included in these functions are:labor relations;negotiations of labor agreements;administration of grievances or arbitrations under labor agreements;schedules and run bids;maintenance of pension records; assistance in preparation of specifications,grant applications,financing,and related managerial activities for capital additions and operation subsidies; preparation of exhibits and testimony in connection with budget proceedings and other regulatory matters; assist in long-range planning, set and administer Company policy. The Company will determine how well the present system is meeting the transit needs of the present service area,and make recommendations for improvements to better serve the population of the service area. (g) Support EWdpg ent and %m*cs: The Company's parent corporation shall provide at no additional cost to the City,other than the fee stated herein,equipment such as typewriters,adding machines, desks,tables,chairs, file cabinets,copy machines, data processing equipment,etc. The management fee shall include all supplies such as paper,pens,pencils,ribbons, etc.,that shall be necessary to perform the above functions by the parent corporation. In addition to the above managerial, administrative and technical services and guidance to be provided by the Company's parent corporation,the Company agrees to provide from its parent corporation or its affiliated companies such temporary employees as may be necessary for short duration and for special projects or emergencies such as illness,death,etc. The Company's parent corporation further agrees to provide its system of controls, work flow, forms, etc., which has been developed over a period of years from experience in many different transit operations. Section 5:The Company shall prepare operating budgets for the public transportation system for approval by the City A" of fm, Mutm and 9OFvi9e mquiped to meet Gity . Wage increases and benefit changes must be approved by the City prior to implementation. Section 6:The Company agrees to retain competent practicing attorneys to handle all legal matters including,but not limited to,the prosecution and defense of all claims,suits and actions for dames,by or against the City,or the Company and their officers and employees,individually or jointly,arising out of the operation of the public transportation system. Section 7: The Company shall not be liable to the City for any failure, delay or interruption of service,nor for any failure or delay in the performance of any duties and obligations under this agreement due to strikes,Acts of God,government restriction,enemy action,civil commotion,unavoidable casualty or similar acts beyond the control of the Company. 4 Section 8:All revenues received from the operation of the public transportation system,including fares received from passengers,charter and advertising fees, and monies received from the rental,use or investment of properties or funds of the City shall be,and remain from the time of the receipt thereof,the absolute property of the City. The Company agrees to receive, collect, deposit and disburse such revenues for the operations of the public transportation system,and to keep and maintain books and records of the operation of the public transportation system in accordance with standard accounting procedures applicable to such operation,and to render and certify to the City full and complete monthly and annual operating and financial reports in the form and manner approved by the City,and such other information in respect to the operation of the public transportation system,as the City may from time to time request. Section 9: The Company agrees to audit, verify and prepare vouchers, to prepare checks for the signature of the person(s) designated by the City, and disburse funds for the payment of the operating expenses of the system, which operating expenses are defined to mean and include, but not by way of limitation: (1) Reimbursement to the Company the gross amount of wages and salaries paid to or for the benefit of all employees of the Company including the Resident Manager, inching all social security,unemployment and other payroll taxes now or hereafter imposed or levied on any employer and paid on the salaries and wages of such employees and officers of the Company, and the expense of worker's compensation insurance covering all such employees. (2) Payments made by the Company pursuant to any Pension or other plan presently in effect for the benefit of the Company's employees, and as the same may be hereafter amended from time to time, and other employee costs, including medical and hospitalization program costs. (3) All payments made in settlement of claims or satisfaction of judgments arising out of injury or death of persons, or damage to property incurred in the operation of the public transportation system,and all expenses incident thereto,including the expense of operating the claim department, attorney's fees, court costs and other expenses of the trial of lawsuits, witness and investigation expenses, medical, hospital and ambulance services, the cost of bonds and deposits required by law, and the premium on liability insurance. (The Company, the City,their officers of employees, shall be protected as their interests may appear by the insurance described in Section 4, and the creation by the City of a casualty reserve fund,as provided in Paragraph(7)of this Section,in an amount equal to the then estimated liability not covered by insurance for all outstanding claims.) (4) All general and miscellaneous expenses incident to the operation and proper maintenance of the public transportation system including, but not limited to,cost of general property insurance, fidelity bonds, telephone, telegraph, postage, freight, stationery and printing, office supplies, checks, etc., maintenance of office machines and equipment, books, newspapers, utility services, materials, legal fees, medical expenses, services rendered under general or special contracts,advertising,printed schedules and route maps,drafting supplies and blueprinting expense, arbitration expense, audit expense, bank charges, comprehensive liability insurance, American Public Transportation Association expense, National Safety Council expense, cost of technical journals and services, and other expenses of a usual and customary nature incident to the operation of the public 5 1 transportation system. Only the following expenses shall be excluded from reimbursement to Company net Corporate expenses; taxes of all kinds levied by reason of o liable for any taxes other income of,the Company. (It is believed that the Company than the foregoing,but in the event it should be adjudged liable for any other taxes, the Company shall be reimbursed for same.) erial, administrative, technical services and guidance provided by the (5) For the Company's pag arent corporation and as management compensation,the City agrees to pay to s p -the Company a monthly fee as follows: Year One to 00000 Per Mouth Year Two 10000 00 Per Month Per Month Year Three 10000.00 10 000.00 Per Month (If Contract is Year Four Extended) Year Five 10000.00 Per Mouth (if Contract is Extended) (6) payment to vendors and contractors for all amounts due for the purchase °A 'for the supplies,thel,transfers,pSes a rickets,or other items purchased of rental or use use in the operation of the public transportation system,and the charges due for tires,machinery and other items leased by the City for such purpose• (7) Payment into a"Casualty Reserve Fund"of the City of an amount sufficient to make the balance in such fund at the end of each month equal to the then estimated liability not covered by insurance,for all outstanding claims against the Company or the City,jointly or severally,arising out of the operation of the public transportation system,said Fund to be maintained until all estimated liability and claims P thereby shall have been fully discharged. Section The City shall maintain the current operating capital of $10g,000 as an advance payment for current month expenses. Section i l: If this agreement is terminated f al not renewed with the mP�Y�mess of the assume or make arrangement for the assumQtion of all then existing to the City's public transportation Company in connection with the provision of management services facility, the furnishing of personnel necessary for the City's operation of its public transportation system, and all other undertakings by the Company hereunder unless such commitments,obligations,liabilities,an undertakings have not been incurred as provided in this agreement. Upon such termination,the Company and its parent corporation shall deliver to the City or its designee in Beaumont,Texas,all the records and to the operation of the system maintained by the Company or the Company's other written data pertaining including,but not limited to, inventory parent corporation for the City under the terms of this agreement personnel records pertaining to the records, vehicle maintenance records, accoung records, and in this shall require the Company to Company's personnel; provided, however, that nothing pm'�Ph disclose information about its personnel in violation of any applicable law. 6 Section 12: (a)Termination for Convenience (1) The City may terminate this agreement upon receipt of any notice that effectively terminates or denies operating assistance from the Federal Transit Administration(FTA)or other cognizant Federal agency. (2) Any termination under this paragraph shall be effected by delivery to the Company of a written notice of termination specifying the extent to which performance of work under the contract is terminated,and the date upon which such termination becomes effective. (b)Termination for Default (1) In the event that review of the Company's performance shows nonconformance to the work required by this agreement, the Scope of Services or other terms or conditions contained herein as a result of the Company's errors,omissions or negligent acts,Company shall be in breach of this agreement and the City may take corrective action as they deem necessary including,but not limited to,termination,withholding,or reduction of payment. In the event that the City fails to comply with the terms of this agreement,the Company shall have the right to terminate this agreement. (2) A termination under this paragraph shall be effected by delivery to the defaulting party or parties of a written notice of termination stating the reason(s)therefore thirty(30) days prior to the effective date of the termination. The party or parties receiving notice shall thereafter have ten (10) days to provide an explanation or justification, and/or shall undertake any reasonable remedial action required by the noticing party. If,in the opinion of the noticing party,the other party or parties remain in violation of this agreement at the completion of the ten(10)day period,the agreement shall be terminated as provided in the notice of termination whereupon all obligations of the noticing party to the other party shall cease. (c)Payment Upon Termination In the event the contract is terminated prior to completion of the services by Company, Company shall be paid for services performed to the date of termination. In no event will the amount due Company in the event of termination exceed that amount set forth in or agreed upon pursuant to Section 9 of this agreement. Seqt 13:It is mutually agreed that the Company is an independent contractor and its employees are neither employees nor agents of the City. As such,employees of the Company shall not be entitled to any employment benefits of the City,such as,but not limited to,vacation,sick leave, insurance,worker's compensation,or pension and retirement benefits. Section 14:It is agreed that the City's failure to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this agreement. 7 Section 15:The work to be performed under this agreement is on a project assisted under a program providing direct Federal financial assistance from the United States Department of Transportation and is subject to the requirements of the Urban Mass Transportation Act of 1964,as amended,49 U.S.C.et.seq. This agreement shall be subject to any and all terms and conditions of any and all applicable underlying grants or agreements by which the City receives funding from the United States of America,State of Texas, or any agencies of subdivisions thereof to finance in part or in whole this agreement. This agreement shall be subject to all amendments, changes or other modifications to said grants, agreements, or laws and regulations under which they are promulgated that may occur during the terms of this agreement or any subsequent extensions of it. The parties to this agreement further certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. lion 16: The Company agrees that it shall not discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefit of any program or activity which is the subject of this agreement because of race, color, seat, religion, national origin or disability. To the extent applicable,the Company will comply with all provisions of Executive Order No. 11246 of the Civil Rights Act of 1964, (P.L. 88-352),the Equal Employment Opportunity of 1972, (P.L. 92-261),Section 1615 of the Urban Mass Transportation Act of 1964,as amended and all other applicable Federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discrimination. Violation of this provision (after notice) shall be a material breach of this agreement and may result in a termination or suspension of this agreement in whole or in part,at the option of the City. 5p9tion 7: No member of or Delegate to Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. Section 18: No member, officer or employee of the City, who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with this agreement. The Company shall incorporate, in all contracts or subcontracts in connection with this agreement,a provision prohibiting such interest in accordance with this Section. Section 19: All financial records, supporting documents, statistical records and all other records pertinent to this contract shall be reamed for a period of three years after the expiration thereof. However, if any litigation, claim or audit is started before the expiration of the three year period, the records in question shall be retained until all litigation, claims or audit findings involving the records have been resolved. The Secretary of Transportation,the City Manager of the City of Beaumont,and any of their duly authorized representatives shall have access during normal business hours to any pertinent books, documents,papers,and records of the Company to make audits,examinations,excerpts,and transcripts. Section : The City desires that Minority Business Enterprises have the maximum opportunity to participate in the performance of this contract and will: (a) Promote affirmatively (where feasible in accordance with all applicable laws, statutes and constitutional provisions)the procurement of goods, services,and supplies from minority owned business enterprises. 8 (b) Insure that competitive and equitable bidding opportunities are followed to afford minority business enterprises participation. Strive to obtain contract and subcontract awards to minority business enterprises. (c) Identify and communicate to the minority business enterprises community procedures and contract requirements necessary for procurement of goods, services and supplies for projects and subcontracts. (d)Provide technical assistance as needed. The-Company shall insure that minority business enterprises have the maximum opportunity-to compete for and perform portions of the work included in this contract and shall not discriminate on the basis of race,color,national origin,sex,or disability. The Company shall include this special provision, Minority Business Enterprises (MBE), in all subcontracts for this contract. Failure on the part of the Company to carry out the requirements set forth in this special provision may constitute a breach of contract and after proper notification may result in termination of the contract or other appropriate remedy. A minority business enterprise is defined as a business,with at least fifty(50%)percent owned and controlled by minority group members. The minority ownership must exercise actual day-to-day management. Minority group members may consist of Black Americans(an individual of the Black race of African origin), Hispanic Americans (an individual of Spanish speaking culture, origin or parentage traceable to the areas of the Far East,Southeast Asia,the Indian subcontinent and the Pacific Islands,Indian American(an individual who is an enrolled member of a Federally recognized Indian tribe,or recognized by the tribe as being an Indian, as evidenced by a certification of tribal leader),American Aleuts or any recognized minority group approved by the City. A Woman Business Enterprise is a business with at least fifty(50%)percent owned and controlled by women who exercise actual day-today management. The Company shall exercise all necessary and reasonable steps to insure that Minority Business Enterprises and Women Business Enterprises participate in the work required in this contract. The Company agrees by executing this contract that it will exercise all necessary and reasonable steps to insure that this special provision contained herein on Minority Business Enterprise is complied with. Section 21: This agreement is governmental in nature and for the benefit of the public and is not intended to be for private profit or gain. Any fees charged hereunder are intended to reflect as closely as possible the City's actual cost and neither party intends to waive its sovereign immunity by reason of this agreement. Section 22:This agreement shall extend to and be binding upon the successors,heirs and assigns of the parties hereto,provided that the Company shall not assign or transfer its rights or obligations hereunder without the prior written consent of the City, and provided further that no person, firm or corporation contracting with the Company, and no sub-contractor, shall be subrogated to any of the Company's rights hereunder nor shall any of said parties be deemed to be a third party beneficiary hereunder. The City shall and may exercise all powers and authority granted it under this Agreement without liability on its part to the Company. As used hereunder the singular shall include the plural and the use of one gender all genders,as the context requires. 9 Section 23:This agreement constitutes the entire understanding of the parties. Section 24: The parties will make and execute all further instruments and documents required to carry out the purpose and intent of the agreement. Section 25:All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of Texas. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. _- -- Section 26: If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid, unlawful or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. Section 27: All notices hereunder and communications with respect to this contract shall be effective upon the mailing thereof by Registered or Certified Mail, return receipt requested, postage prepaid,and addressed as follows: A. If to Beaumont Transit Company: Beaumont Transit Company 3545 West Beaver Street Jacksonville,Florida 32254 B. If to the City: City Manager City of Beaumont P.O.Box 3827 Beaumont,TX 77704 Section 28:This agreement shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF,the parties hereto have executed this contract and agreement on the day of ,A.D.20___,as of the date and year aforesaid. BEAUMONT TRANSIT COMPANY CITY OF BEAUMONT By By Gary A.Miller,President Kyle Hayes,City Manager 10 ATTEST: ATTEST: Secretary City Clerk GABIDS-DO NOT MOVE OR DELETElWAft-F-1 IMM 11-53_Trwksh Areammt 2011.wpd CERTIFICATION OF RESTRICTIONS ON LOBBYING I,Gary A.Miller,hereby certify on behalf of Beaumont Transit Company that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying", in accordance 11 with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 13.52,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Executed this day of .20 By: Signature of Authorized Official Title of Authorized Official CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS Beaumont Transit Company certified to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency. 2. Have not within a three-year period preceding this bid,been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction,violation of federal or state anti-trust statutes or commission of embezzlement, theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,state,or local)with commission of any of the offenses enumerated in Paragraph b of this certification. 4. Have not within a three-year period preceding this bid, had one or more public transactions (federal,state or local)terminated for cause of default. Beaumont Trar sit-Company;_certifies or affirms the truthfulness and accuracy of the contents_of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C.Sections 3801 et,. se s.are applicable thereto. DATE: SIGNATURE: TITLE: CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION The Lower Tier Participant (potential sub-grantee or sub-recipient under a FTA project, potential third party contractor, or potential subcontractor under a major third party contract), Beaumont Transit Company,certifies by submission of this proposal,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (If the Lower Tier Participant(potential sub-grantee or sub-recipient under a FTA project,potential third party contractor,or potential subcontractor under a major third party contract)is unable to certify to any of the statements in this certification,such participants shall attach an explanation to this proposal.) THE LOWER TIER PARTICIPANT(POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT UNDER A FTA PROJECT,POTENTIAL THIRD PARTY CONTRACTOR,OR POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD PARTY CONTRACT)BEAUMONT TRANSIT COMPANY,CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ,ARE APPLICABLE THERETO. Signature and Title of Authorized Official Date APPENDIX A,49 CFR PART 20-CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor]certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into tof any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed Reg. 1413(1/19/96). Note: Language in paragraph(2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65,to be codified at 2 U.S.C. 1601,et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgmnts, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or -- entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(cxl)-(2XA), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not ore than $100,000 for each such expenditure or failure.] The Contractor, Beaumont Transit Company, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801,et seq.,apply to this certification and disclosure,if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date SIC■ *IT■ OFFOSTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda * Consent Agenda GENERAL BUSINESS PUBLIC HEARING * Receive comments on the 2012 (FY 2013)Proposed Tax Rate WORK SESSION * Review and discuss funding towards a"minimum revenue guarantee"to American Airlines to secure air service to Dallas-Fort Worth International Airport 1. Consider approving funding towards a"minimum revenue guarantee"to American Airlines to secure air service to Dallas-Fort Worth International Airport COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment,evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: City Manager—Kyle Hayes City Attorney—Tyrone Cooper City Clerk—Tina Broussard 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. PUBLIC HEARING Receive comments on the 2012 (FY 2013) Proposed Tax Rate RICH WITH OPPORTUNITY 111'CA,iUMON � 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: September 11, 2012 REQUESTED ACTION: Council to hold a second public hearing on the 2012 (FY 2013) Proposed Tax Rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was published in the newspaper, on the website and on the cable channel 4 on August 22, 2012, regarding the proposal to increase total tax revenue from properties on the tax roll by 3.55%. Although the proposed tax rate of$0.64 is remaining the same, the increase is related to new property added to the tax roll this year and a slight increase in appraised values. The first public hearing was held on August 28, 2012. FUNDING SOURCE Not applicable. RECOMMENDATION To hold the public hearing. WORK, SESSION Review and discuss funding towards a "minimum revenue guarantee" to American Airlines to secure air service to Dallas-Fort Worth International Airport 1 September 11,2012 Consider approving funding towards a"minimum revenue guarantee"to American Airlines to secure air service to Dallas-Fort Worth International Airport Jim Rich, President of the Greater Beaumont Chamber of Commerce, will make a request of the City Council,during the work session,to help fund a"minimum revenue guarantee"to American Airlines. This item has been placed on the agenda for consideration to allow the City Council to take action on a specific funding amount if there is consensus to do so. In order to commence with air service in February 2013, American Airlines has indicated that they need a revenue guarantee commitment by the week of September 17.