HomeMy WebLinkAboutPACKET OCT 02 2012 RICK WITK OTlORTUXITY
B 111
EADINON*
T • s • X • A • s
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 2,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—September 25, 2012
* Confirmation of committee appointments
A) Approve a resolution authorizing the City Manager to execute all documents necessary to
accept funding from The Texas Department of State Health Services for the Beaumont
Public Health Department's WIC Division
B) Approve a resolution authorizing the acquisition of properties located at 2905-2925
Washington Boulevard for the Washington Boulevard Road Improvement Project
C) Approve a resolution authorizing the City Manager to execute all documents necessary
for the affiliation agreement between The City of Beaumont EMS and San Jacinto
Community College
D) Approve a resolution adopting a Section 3 Policy in accordance with 12 U.S.C. 1701u,
Section 3 of the Housing and Urban Development Act of 1968 and appointing the City
Manager as the Section 3 coordinator
i
I
A
SICK WITH OPPORTUNITY
BEAUMON*
T • Z • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer,NPublic Health Director
MEETING DATE: October 2, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager to
execute all documents necessary to accept funding from The
Texas Department of State Health Services (DSHS) in the
amount of $379,519.00 awarded to the Beaumont Public
Health Department's WIC Division.
BACKGROUND
The Texas Department of State Health Services has awarded the Beaumont Public Health
Department's WIC Division grant funds in the amount of$379,519.00. This contract will begin
10/01/12 and end on 03/31/13.
The Special Supplemental Nutrition for Women,Infants and Children Program(WIC)is a nutrition
education and supplemental food program for pregnant and postpartum women, breast-feeding
women,infants,and children up to the age five. The program also provides information on healthy
eating and referrals to health care. WIC is a federal grant program for which Congress authorizes
a specific amount of funds each year for the program.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2013-042702 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT CITY HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively,the Parties).
1. Puruose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $379,519.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2012 and ends on 03/31/2013. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract,whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract(this document)
b. Program Attachments:
2013-042702-001 NSS/WIC LOCAL AGENCY
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s)to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract,the order of control is first the Core Contract,then the Program Attachment(s),then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: BEAUMONT CITY HEALTH DEPARTMENT
Address: PO BOX 3827
BEAUMONT, TX 77704-3827
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92648-1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept grant funding from the Texas Department of State Health Services
(DSHS)for the Beaumont Public Health Department's Women, Infants and Children(WIC)
Division in the amount of$379,519 effective October 1, 2012 through March 31, 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEAUMOK*
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: October 2, 2012
REQUESTED ACTION: Council consider a resolution approving the acquisition of
properties located at 2905-2925 Washington Boulevard for the
Washington Boulevard Road Improvement Project.
BACKGROUND
As part of the Washington Boulevard Road Improvement Project, a portion of two (2) parcels of
land from Interstate 10 to ML King Parkway are being acquired. The owners of the property
listed below, has agreed to convey a portion of their property to the City:
0.0190 acre out of Lots 2 & 3 Block 1, Dixie Terrace Addition
(2905-2925 Washington Blvd) Value: $4,200.00
Owners: Phat Troung and Thi Le Lien
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
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
Washington Boulevard Road Improvement Project:
Description: 0.0190 acre out of Lots 2 & 3, Block 1, Dixie
Terrace Addition
Address: 2905-2925 Washington Boulevard
Owners: Phat Troung and Thi Le Lien
Appraised Value: $4,200.00
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 2nd day of
October, 2012.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.0190 Acre Tract or Parcel of Land
Out of and Part of Lots 2&3,Block 1
Dixie Terrace Addition
Volume 6,Page 116, Map Records
J.W.Bullock League,Abstract No. 7
Beaumont,Jefferson County,Texas
BEING a 0.0190 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No. 7,
Jefferson County, Texas and being out of and part of Lots 2 and 3, Block 1 of Dixie Terrace
Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat
thereof recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also being
out of and part of the said Lot 2, Block 1 of Dixie Terrace Addition as described in a "General
Warranty Deed" from Jack's Hardware and Furniture Stores, Inc. to Phat Kim Truong and Lien
Thi Le as recorded in Clerk's File No. 2001042757, Official Public Records of Real Property,
Jefferson County,Texas and out of and part of the said Lot 3,Block 1 of Dixie Terrace Addition
as described in a "Warranty Deed with Vendor's Lien" from John Pham and Quang Van Tran to
Phat Kim Truong and spouse, Lien Thi Le as recorded in Clerk's File No. 2001023787, Official
Public Records of Real Property, Jefferson County, Texas, said 0.0190 acre tract being more
particularly described as follows:
NOTE. All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83_ All set 518"iron rods set with caps stamped "City of
Beaumont RO.W Monument".
COMMENCING at a 5/8" iron rod found for the Southeast comer of the said Lot 3, said corner
also being the Northeast corner of Lot 4,Block 1 of the said Dixie Terrace Addition and being in
the West line of Lot 4, Block 5 of Booker Heights, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 113, Map
Records,Jefferson County, Texas;
THENCE NORTH 03°15'09" WEST, for the boundary between the said Lot 3,Block 1 of Dixie
Terrace Addition and the West line of the said Lot 4, Block 5 of Booker Heights and the West
right-of-way line of the existing Washington Boulevard, for a distance of 138.11 feet to a 5/8"
iron rod set for the Southeast corner and the POINT OF BEGINNING of the tract herein
described;
THENCE NORTH 89°0747" WEST, over and across the said Lots 3 and 2 and along and with
the proposed South right-of-way line of Washington Boulevard,for a distance of 100.28 feet to a
5/8" iron rod set for comer, said corner being in the West line of the said Lot 2 and the East line
of Lot 1, Block 1 of the said Dixie Terrace Addition;
THENCE NORTH 03 015'09" WEST, for the boundary between the said Lot 1 and Lot 2, for a
distance of 4.55 feet to a 1/2" iron rod found for corner, said corner being the Northwest corner
of the said Lot 2 and the Northeast comer of the said Lot 1 and also being in the existing South
right-of-way line of Washington Boulevard;
EXHIBIT"A"
Pagel of2
nsatu --- -- --EXHIBIT ��A„-- .INC.
THENCE NORTH 86 03750" EAST, along and with the existing South right-of-way line of
Washington Boulevard and the North line of the said Lot 2, passing at a distance of 50.01 feet a
scribed"X" in concrete found for the Northeast corner of the said Lot 2 and the Northwest corner
of the said Lot 3 and continuing along and with the North line of the said Lot 3, for a distance of
100.02 feet to a scribed "X" in concrete found for the Northeast comer of the said Lot 3 and
being an interior ell comer of the existing South right-of-way line of Washington Boulevard;
THENCE SOUTH 03 015'09" EAST, for the boundary between the East line of the said Lot 3
and the existing West right-of-way line of Washington Boulevard,for a distance of 11.96 feet to
the POINT OF BEGINNING and containing 0.0190 Acres,more or less.
Surveyed on May 15,2012. This legal description is being submitted along with a plat based on
this survey see EXHIBIT "B").
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EXHIBIT"A"
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0.0190 ACRES
EXISTING RIGHT OF WAY
FND 112' (CALL 100.00') FND SCRIBED Y
CORNER FND N E37'50'E 57.98' 1. ROD L3 /N CONCRETE '
SE7. 5/8• O.Of 50.Of
220000 ^'
• L SET 5/8'
SET 5X8 L ROD FND SCRIED 7" LI y
IN CONCRETE
1.
PROPOSED RIGHT OF WAY DOD
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SET 5�8' :h
f. ROD N
2i 2 WASHINGTON
Vol 3 � BOULEVARD
J
f FND 1 L ROD
W\ TAPED FND N86'41'461E 170.84'
3o c DAVE GUIDRY, at ux. PRAT 10 TRUONG & PRAT KIM TRUONG & IN WW-RETF
o VOL. 485, PG. 163 ° LIEN THI LE LIEN TH1 LE $
p DRJC " CF. NO. 2001 D42757 CF. NO. 2001023787
OPRJC OPRJC 'R in
Z Z TOTAL ACRES 0.3446
TAKING ACRES 0.0190
REMAINING ACRES 0.3256
LINE BEARING DISTANCE °z LOT 4, BLOCK 5
L1 N89'07 47 100.28 BOOKER HE1CI�ITS
L2 NOT 15'09 4.55' o VOL. 4, PG 113
L3 N86*37 50 E 100.02' 2 MRJC
L4 SOY 15.09'E 11.96'
POC
FND 5/8'
I. ROD
CORNER (CALL SOIV 3 58.00)7.98 ' FND S86-37'50'W 100.02'
(ML 100.00)
N09'12'08*E 0.42'
FND 112' L ROD BEARS
AM.
IN TM SURVEY IS WENDED TO EXPRESS AN OPINION REGARDING vol A �g CS
OWAMW OR TITLE
Z THE WORD CERTIFY IS LWERS1= TO BE AN EXPRESSION OF PROFESSIOW �
JJDplIW BY THE SURVSYCX NMJCH IS 860 ON HIS BEST KNOWLEDGE: WORWTTON
AND BELEF, FORMED W THE COU1 M OF HIS PERFORMING THE SURVEY W COMPLlMCE °Z�-
WITH THE STAWARDS OF PRACTICE RWWM AND PROMULGATED BY THE TEXAS BQARD
OF PROFESSIONAL LAND SURVEYORS AND THE TEmAs SOCIETY OF PROFE'SSIONU. FND 1/2' E XHIBIT "B"
SURVEYORS. AS SUCH R COMMUTES NEITHER A GU4RANTEE NOR A WAR24NTY, EXPRESSED OR 1. ROD REFER TO IXH181T i4"
1MP[IE0.
3 ALL SET 518'IRON RODS SET WITH A CAPS STAMPED TIT OF BEAUMONT R:O.W. MMAEN" FOR LEGAL DESCRIPTION
4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE PLAN COORDINATE SYSTEM SOUTH COaft
ZONE M083.
TO THE OWNERS OF THE PREMISES SURVEYED "_ 1 of 1
AS OF THE DATE OF THE SURVEY: im
1. DO N DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 12-.3r>4 -
ANX ON SURFACE OF THE GROUND OF THE PROPERTY LEGMIY DESCRIBED mm W. vHft v
HEREON AND CORREMY REPRESEMS THE FACTS FOUND AT THE TIME AND ASSOCIATES
OF THE SURVEY. INCORPORATED
DATE SURVEYED: MAY 15. 2012 OF
soe�a�a. lute ruuo®s
•,F� �..ayr...a•r...r
THOMAS 0.0100 Af1E UK? 0 PAK&OF UM
OUT OF AMID PAIR OF LOT M MM 1
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all VOLUME 6, PACE 116, MAP 12CORD3
THOMAS S. ROWE - REGMERED PROFESSIONAL No. 5728 J.W. 111MLOCR MOM AS9IltAM NO. 7
121111101ff, 001)!f!'Y, TE><AS
EXHIBIT "B"
c
RICH WITH OPPORTUNITY
BEAUMGN,*
T • E • X - A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulme4',-Public Health Director
MEETING DATE: October 2, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager to
execute all documents necessary for the affiliation agreement
between The City of Beaumont EMS and San Jacinto
Community College.
BACKGROUND
The North Campus of San Jacinto Community College is requesting an agreement with the City of
Beaumont's Emergency Medical Services to provide a clinical experience to its students majoring
in the field of Emergency Medical Technology.
The responsibilities of San Jacinto Community College will include but not be limited to the
following:
- provision of classroom theory;
- preparation of student assignments;
- continuous communications with Beaumont EMS regarding student performance; and
- supervision on students.
The responsibilities of Beaumont EMS will include but not be limited to the following:
- acceptance and reasonable orientation of students;
- coordination of the college's assignment schedule;
- assist college in an evaluation of each student;
- designation of an individual to serve as liaison with the college;
- provision of basic medical care to students in case of an emergency;
- provision of reasonable opportunities for students to observe and assist in various aspects of
patient care; and
- remain ultimate control of responsibility of patient care.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
STUDENT AFFILIATION AGREEMENT
BETWEEN
CITY OF BEAUMONT EMS MEDICAL SERVICES AND
SAN JACINTO COMMUNITY COLLEGE DISTRICT
This Agreement is executed on the 1st day of August 2012, between SAN JACINTO
COMMUNITY COLLEGE DISTRICT, for and on behalf of its North Campus Department of
EMERGENCY MEDICAL TECHNOLOGY, hereinafter referred to as "College" in this Agreement,
and CITY OF BEAUMONT EMERGENCY MEDICAL SERVICES, hereinafter referred to as
"Facility" in this Agreement,
WITNESSETH:
WHEREAS, College offers to enrolled students a degree program in the field of Emergency
Medical Technology; and
WHEREAS, the proper training of such professionals requires exposure to practical clinical
problems, which is primarily attainable through the application of knowledge and skills in actual
patient-centered situations in a health care facility; and
WHEREAS, Facility has the environment and facilities within and through which the students
of College can acquire such practical, clinical experience; and
WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the
students and faculty of the College be given the opportunity to utilize the facilities of the Facility
as a practice laboratory and for educational purposes:
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenant and
premises hereinafter contained, the parties agree as follows:
1. RESPONSIBILITIES OF COLLEGE:
a. Clinical Proaram. College shall be responsible for the implementation and operation of
the clinical component of its programs at Facility, which programs shall be approved in
advance by Facility. This Agreement shall cover the following clinical program(s)
Emergency Medical: Beaumont EMS ("Program"). Such responsibilities shall include, but
not be limited to, the following:
(i) Provision of classroom theory and practical instruction to students prior to their
clinical assignments at Facility;
(ii) Preparation of student/patient assignments and rotation plans for each student and
coordination of same with Facility;
(iii) Continuing oral and written communication with Facility regarding student
performance and evaluation, absences and assignments of students, and other
pertinent information;
(iv) Supervision of students and their performance at FACILITY;
(v) Performance of such other duties as may from time to time be agreed to between
College and Facility;
(vi) Provide adequate documentation attesting to competency of each instructor.
All students, faculty, employees, agents and representatives of School participating in
the Program at Facility (the "Program Participants") shall be accountable to the
Facility's Administrator.
b. Insurance. College will procure and maintain throughout the term of this Agreement
professional liability insurance in minimum amounts of One Million Dollars($1,000,000.00)
per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate for its faculty
members and students assigned to the Facility which shall cover all their activities at
Facility. College shall provide Facility with Certificates of Insurance evidencing said
coverage and any renewals thereof at the commencement, and upon the renewal, of this
Agreement. College shall notify Facility at least thirty (30) days in advance of any
proposed cancellation or change in said coverage. By entering into this Agreement, and
complying with the terms and requirements hereof, it is recognized that College is not
waiving the governmental immunity that College, its agents or employees have under law
or any other rights, privileges and immunities belonging to or ascertainable by College
under either state or federal law.
c. Health of Progaram Participants. College shall inform all Program Participants of the
necessity to maintain documentation of their health records, including updated
immunization records which may include the following:
(i) Tuberculin skin test within the past 12 months or documentation as a previous
positive reactor or a chest x-ray taken within the past 12 months; and
(ii) Proof of Rubella and Rubeola immunity by positive antibody titers or 2 doses of
MMR; and
(iii) Varicella immunity, by positive history of chickenpox or proof of Varicella
immunization; and
(iv) Proof of Hepatitis B immunization or completion of a certification of declination of
vaccine, if patient contact is anticipated.
d. Background Checks. College shall, in a timely manner at the Program Participant's
expense, conduct (or have conducted) a background check on each and every student
assigned to the Program and every member of the staff/faculty responsible for
supervision and/or instruction. If College has students or staff/faculty on-site at Facility
prior to the execution of this Agreement, then College shall immediately require a
retrospective background check on such persons. The background check shall include,
at a minimum, the following:
(i) Social Security number verification;
(ii) Criminal Search (7-years or up to 5 criminal searches);
(iii) Employment Verification to include reason for separation and eligibility for re-
employment for each employer for 7 years;
(iv) HHS/OIG List of Excluded Individuals/Entities;
(v) GSA List of Parties Excluded from Federal Programs;
(vi) Texas HHS List of Excluded Individuals/Entities;
(vii) Violent sexual offender and predator registry search; and
(viii) U.S. Treasury, Office of Foreign Assets Control (OFAC), List of Specially
Designation Nationals(DSN)search.
The background check for staff/faculty, if licensed or certified caregivers, shall include all
of the above and in addition, shall include the following:
(i) Education verification (highest degree);
(ii) Professional License Verification;
(iii) Certifications and Designation Checks;
(iv) Professional Disciplinary Action Search;
(v) Department of Motor Vehicle Driving History, as applicable based on responsibilities:
and
(vi) Consumer Credit Report, as applicable based on responsibilities.
Written results of these criminal background checks may be provided to Facility upon
receipt of a written consent and release to disclosure executed by the Program
Participant.
Should the background check disclose adverse information as to any student and/or
member of the staff/faculty, College shall immediately remove said student and/or
member of the staff/faculty from participation in the Program at Facility.
e. Performance. All faculty provided by College shall be duly licensed, certified or
otherwise qualified to participate in the Program at Facility. College shall have a specially
designated staff for the performance of the services specified herein. College and all
Program Participants shall perform its and their duties and services hereunder in
accordance with all relevant local, state, and federal laws and shall comply with the
standards and guidelines of all applicable accrediting bodies and the bylaws, rules and
regulations of Facility and any rules and regulations of College as may be in effect from
time to time. Neither College nor any Program Participant shall interfere with or
adversely affect the operation of Facility or the performance of services therein.
f. College Status. College represents and warrants to Facility that College and its
Program Participants participating hereunder: (i) are not currently excluded, debarred, or
otherwise ineligible to participate in the Federal health care programs as defined in 42
U.S.C. Section 1320a-7b(f) (the "Federal health care programs"); (ii) are not convicted of
a criminal offense related to the provision of health care items or services but has not yet
been excluded, debarred or otherwise declared ineligible to participate in the Federal
health care programs, and (iii) are not under investigation or otherwise aware of any
circumstances which may result in College or a Program Participant being excluded from
participation in the Federal health care programs. This shall be an ongoing
representation and warranty during the term of this Agreement and College shall
immediately notify Facility of any change in status of the representation and warranty set
forth in this section. Any breach of this Paragraph 1(h) shall give Facility the right to
immediately terminate this Agreement for cause.
g. Bloodborne Pathogens. College will ensure that all Program Participants who may be
at risk for occupational exposure to blood or other potentially infectious materials will be:
(i) Trained in accordance with the Occupational Safety and Health Administration's
(OSHA) Occupational Exposure to Bloodborne Pathogens (as published in Friday,
December 6, 1991 Federal R sister) and any amendments thereto;
(ii) Trained in the modes of transmission, epidemiology and symptoms of Hepatitis B
virus (HBV) and Human Immunodeficiency Virus (HIV) and other bloodborne
pathogens;
(iii) Trained in the methods of control that prevent or reduce exposure including universal
precautions, appropriate engineering controls, work practices and personal protective
equipment;
(iv) Provided information on the Hepatitis B vaccine, its efficacy, safety, method of
administration and benefits of being vaccinated; and
(v) Provided proper follow-up evaluation following any exposure incident.
h. Colleae Liaison. College shall designate an individual to serve as liaison with the
Facility as it relates to the Program. The College liaison will cooperate with and facilitate
communication between the Facility and College. The College liaison will meet with the
Facility liaison and other representatives as may be needed to support the Program at
the Facility.
2. RESPONSIBILITIES OF FACILITY.
a. Facility shall accept the Program Participants assigned to the Program by College and
reasonably cooperate in the orientation of all Program Participants to Facility. Facility
shall provide reasonable opportunities for such Program Participants, who shall be
supervised by College and Facility, to observe and assist in various aspects of patient
care to the extent permitted by applicable law and without disruption of patient care or
Facility operations. Facility shall coordinate College's rotation and assignment schedule
with its own schedule and those of other educational institutions. Facility shall at all times
retain ultimate control of the Facility and responsibility for patient care.
b. Upon the request of College, Facility shall assist College in the evaluation of each
Program Participant's performance in the Program. However, College shall at all times
remain solely responsible for the evaluation and grading of Program Participants.
c. Facility shall cooperate with College's faculty members in the coordination of Program
Participants' assignment to clinical areas in the Facility.
d. Facility shall cooperate with College in the scheduling and in the participation of
conferences and meetings with College representatives as it relates to the Program.
e. Facility shall designate an individual to serve as liaison with the College as it relates to
the Program. The Facility liaison will cooperate with and facilitate communication
between the Facility and College. The Facility liaison will meet with the College liaison
and other representatives as may be needed to support the Program at the Facility.
f. Facility shall provide basic medical care and treatment to Program Participants and/or
College faculty members in the event of injury or illness while at the Facility until other
arrangements, as may be appropriate, for such person's medical care can be made. Any
Facility or medical expenses incurred for the provision of medical services shall be the
responsibility of the injured or ill Program Participant or College faculty member.
3. MUTUAL RESPONSIBILITIES.
The parties shall cooperate to fulfill the following mutual responsibilities:
a. Program Participants shall be treated as trainees who have no expectation of receiving
compensation or future employment from the Facility or the College.
b. Any courtesy appointments to faculty or staff by either the College or Facility shall be
without entitlement of the individual to compensation or benefits for the appointed party.
4. WITHDRAWAL OF PROGRAM PARTICIPANTS.
Facility may request College to withdraw or dismiss a student or other Program Participant
from the Program at Facility when his or her clinical performance is unsatisfactory to Facility
or his or her behavior, in Facility's discretion, is disruptive or detrimental to Facility and/or its
patients. In such event, said Program Participant's participation in the Program at Facility
shall immediately cease. It is understood that only College can dismiss the Program
Participant from the Program.
5. INDEPENDENT CONTRACTOR; NO OTHER BENEFICIARIES.
The parties hereby acknowledge that they are independent contractors, and neither the
College nor any of its agents, representatives, Program Participants, or employees shall be
considered agents, representatives, or employees of Facility. In no event shall this
Agreement be construed as establishing a partnership or joint venture or similar relationship
between the parties hereto. College shall be liable for its own debts, obligations, acts and
omissions, including the payment of all required withholding, social security and other taxes
or benefits. No Program Participant shall look to Facility for any salaries, insurance or other
benefits. No Program Participant or other third person is entitle to, and shall not, receive any
rights under this Agreement.
6. NON-DISCRIMINATION.
There shall be no discrimination on the basis of race, national origin, religion, creed, sex, age,
veteran status, or handicap in either the selection of students for participation in the Program,
or as to any aspect of the clinical training; provided, however, that with respect to handicap,
the handicap must not be such as would, even with reasonable accommodation, in and of
itself preclude the Program Participant's effective participation in the Program.
7. INDEMNIFICATION.
To the extent authorized under the constitution and laws of the State of Texas, College shall
hold Facility harmless from liability resulting from College's acts or omissions within the terms
of this Agreement provided, however, College shall not hold Facility harmless from any
claims, demands or causes of action arising in favor of any person or entity resulting directly
or indirectly from negligence (whether sole, joint, concurring or otherwise) of Facility, its
officers, agents, representatives or employees, or any person not subject to College's
supervision or control. Facility shall indemnify College against liabilities, claims, damages and
expenses, including reasonable attorneys' fees, incurred by College in defending or
compromising actions brought against College arising out of or related to the Facility's
performance of duties hereunder.
8. CONFIDENTIALITY.
College and its agents, Program Participants, faculty, representatives and employees agree
to keep strictly confidential and hold in trust all confidential information of Facility and/or its
patients and not disclose or reveal any confidential information to any third party without the
express prior written consent of Facility. College shall not disclose the terms of this
Agreement to any person who is not a party to this Agreement, except as required by law or
as authorized by Facility. Unauthorized disclosure of confidential information or of the terms
of this Agreement shall be a material breach of this Agreement and shall provide Facility with
the option of pursuing remedies for breach, or, notwithstanding any other provision of this
Agreement, immediately terminating this Agreement upon written notice to College.
9. TERM;TERMINATION.
(a) The initial term of this Agreement shall be 5 years, commencing on August 1, 2012 and
ending on August 1, 2017 and may be extended upon mutual consent of both parties
hereto evidenced in writing for additional one-year terms, unless sooner terminated in
accordance with applicable provisions of this Agreement.
(b) Except as otherwise provided herein, either party may terminate this Agreement at any
time without cause upon at least thirty (30) days prior written notice. Upon termination of
this Agreement, as provided herein, neither party shall have any further obligation
hereunder except for (i) obligations accruing prior to the date of termination and (ii)
obligations, promises, or covenants contained herein which are expressly made to extend
beyond the Term of this Agreement, including, without limitation, confidentiality of
information, indemnities, and offers to employees. No termination as provided herein,
however, shall be effective with regard to Program Participants currently enrolled in the
Program at Facility at the time of notice of termination, who shall be given the opportunity
to complete their clinical Program at Facility.
10. ENTIRE AGREEMENT.
This Agreement and its accompanying Exhibits set forth the entire Agreement with respect to
the subject matter hereof and supersedes all prior agreements, oral or written, and all other
communications between the parties relating to such subject matter. This Agreement may
not be amended or modified except by mutual written agreement. All continuing covenants,
duties and obligations herein shall survive the expiration or earlier termination of this
Agreement.
11. SEVERABILITY.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, this
Agreement shall remain in full force and effect in accordance with its terms disregarding such
unenforceable or invalid provision.
12. CAPTIONS.
The captions contained herein are used solely for convenience and shall not be deemed to
define or limit the provisions of this Agreement.
13. No WAIVER.
Any failure of a party to enforce that party's right under any provision of this Agreement shall
not be construed or act as a waiver of said party's subsequent right to enforce any of the
provisions contained herein.
14. GOVERNING LAW.
This Agreement shall be governed and construed in accordance with the laws of the State of
Texas.
15. ASSIGNMENT; BINDING EFFECT.
College may not assign or transfer any of its rights, duties or obligations under this
Agreement, in whole or in part, without the prior written consent of Facility. This Agreement
shall inure to the benefit of, and be binding upon, the parties hereto and their respective
successors and permitted assigns.
16. NOTICES.
All notices hereunder by either party to the other shall be in writing, delivered personally, by
certified or registered mail, return receipt requested, or by overnight courier, and shall be
deemed to have been duly given when delivered personally or when deposited in the United
States mail, postage prepaid, addressed as follows:
COLLEGE: FACILITY:
San Jacinto College District City of Beaumont EMS
Chancellor 2870 Laurel
4624 Fairmont Parkway, Suite 200 Beaumont, TX 77702
Pasadena, Texas 77504
COPY TO:
San Jacinto Community College North Campus
Dr. Allatia Harris
5800 Uvalde Rd
Houston, TX 77049
or to such other persons or places as either party may from time to time designate by written
notice to the other.
17. EXECUTION OF AGREEMENT.
This Agreement shall not become effective or in force until all of the below named parties
have fully executed this Agreement.
18. HIPAA REQUIREMENTS.
To the extent applicable to this Agreement, the parties agree to comply with the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d
("HIPAA") and any current and future regulations promulgated thereunder, including, without
limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 ("Federal
Privacy Regulations"), the federal security standards contained in 45 C.F.R. Parts 160, 162
and 164 ("Federal Security Regulations"), and the federal standards for electronic
transactions contained in 45 C.F.R. Parts 160 and 162 ("Federal Electronic Transaction
Regulations"), all as may be amended from time to time, and all collectively referred to herein
as "HIPAA Requirements". The parties agree not to use or further disclose any Protected
Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the
Federal Security Regulations), other than as permitted by the HIPAA Requirements and the
terms of this Agreement. The parties agree to make their internal practices, books and
records relating to the use and disclosure of Protected Health Information available to the
Secretary of Health and Human Services to the extent required for determining compliance
with the HIPAA Requirements. In addition, the parties agree to comply with any state laws
and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic
and transaction code sets pertaining to, information related to patients.
The College shall direct its Program Participants to comply with the policies and procedures
of Facility, including those governing the use and disclosure of individually identifiable health
information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose
of defining the Program Participants' role in relation to the use and disclosure of Facility's
protected health information, the Program Participants are defined as members of the
Facility's workforce, as that term is defined by 45 CFR Section 160.103, when engaged in
activities pursuant to this Agreement. However, the Program Participants are not and shall
not be considered to be employees of Facility.
19. FERPA.
For purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Act of
1974 (FERPA) (20 U.S.0 §12328; 34 CFR Part 99), the College hereby designates the Facility
as a school official with a legitimate educational interest in the educational records of the
Students who participate in the Program to the extent that access to the records are required
by the Facility to carry out the Program. Facility agrees to maintain the confidentiality of the
educational records in accordance with the provisions of FERPA.
20. No REQUIREMENT To REFER.
Nothing in this Agreement requires or obligates College to admit or cause the admittance of a
patient to Facility or to use Facility's services. None of the benefits granted pursuant to this
Agreement is conditioned on any requirement or expectation that the parties make referrals
to, be in a position to make or influence referrals to, or otherwise generate business for the
other party. Neither party is restricted from referring any services to, or otherwise generating
any business for, any other entity of their choosing.
THE PARTIES HERETO have executed this Agreement as of the day and year first above written.
COLLEGE FACILITY
SAN JACINTO COLLEGE DISTRICT CITY OF BEAUMONT EMERGENCY
SERVICE
5800 Uvalde Rd 2870 Laurel
Houston, TX 77049 Beaumont, TX 77702
Dr. Brenda Hellyer, Ed.D Kyle Hayes, City Manger
Chancellor
San Jacinto Community College District
Dr. Allatia Harris, Ph.D
President
San Jacinto College North
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 San Jacinto Community College for the sole purpose of clinical experience
and educational purposes under the supervision of the EMS Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
r
T • E • X • A • 3 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 2, 2012
REQUESTED ACTION: Council consider a resolution adopting a Section 3 Policy in
accordance with 12 U.S.C. 1701u, Section 3 of the Housing
and Urban Development Act of 1968 and appointing the
City Manager as the Section 3 coordinator.
BACKGROUND
The purpose of Section 3 of the Housing and Urban Development Act of 1968, requires the City
to ensure that training, employment and other economic opportunities generated by certain HUD
financial assistance shall be directed, to the greatest extent feasible, and consistent with existing
Federal, State and Local laws and regulations, to low and very low income persons.
The City will make every effort to ensure that contractors of Section 3 covered funding ensure
their own compliance and the compliance of their subcontractors with the Section 3
requirements, as outlined in 24 CFR 135.32.
A monitored Section 3 policy is required for all CDBG funds distributed by the Federal Housing
and Urban Development (HUD). Section 3 requirements are triggered when HUD funds are
expended for housing rehabilitation, housing construction or other public construction projects
that are equal to or greater than $200,000. HUD funds will be expended for projects
administered through the Texas General Land Office for Hurricane Ike Disaster Recovery.
In accordance with Section 3, the City will be responsible for outreach, compliance and reporting
methods regarding employment,job training and contracting opportunities for Section 3 residents
and businesses located in the project area.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS TO
ADOPT A SECTION 3 POLICY IN ACCORDANCE WITH 12
U.S.C. 1701u, SECTION 3 OF THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1968 AND TO APPOINT THE CITY
MANAGER AS THE SECTION 3 COORDINATOR.
WHEREAS, the City's participation in the Community Development Block Grant
(CDBG) Program requires that it strive to attain goals for compliance with Section 3
regulations in accordance with 12 U.S.C. 1701u, Section 3 of the Housing and Urban
Development Act of 1968 by increasing opportunities for employment and by contracting
with Section 3 residents and businesses within its jurisdictional boundaries in accordance
with an adopted Section 3 Policy;
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 Council hereby resolves to adopt a Section 3 Policy in Accordance with
12 U.S.C. 1701 u, Section 3 of the Housing and Urban Development Act of 1968, attached
hereto as Exhibit "A," and made a part hereof for all purposes, and appoints the City
Manager to coordinate the City's Section 3 Policy.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
Attest:
Tina Broussard, City Clerk
City of Beaumont
Section 3 Policy
"Using an effective program under Section 3 of the Housing and Urban Development Act of
1968 may help members of protected classes gain economic opportunities necessary to allow
them to exercise fair housing choice."
EXHIBIT "A"
Table of Contents
Item Pate No.
Table of Contents
1
General Policy Statement 2
Section 3 Purpose
2
A
licabilitv 2
Section 3 Definitions 34
Com liance with Section 3 5
Section 3 Residents 5
Section 3 Business Concern 6
Section 3 Preference 6
Section 3 Clause 7
Mep&rin Requirements 7
[Complaint Process 7
Exhibit A: Resident E to art Opportunity Data 8-9
Exhibit B: Certification for Business Concerns 10
Exhibit C: Contractor Certification of Efforts to Fully ComPly 11
Exhibit D: Examples of Efforts To Offer Trainin and E to ent o tunities 12-13
Exhibit E: Examples of Procurement Procedures for ection 3 Business Concerns 14-16
Exhibit F: Section 3 Clause 17-18
Exhibit G: Contractor's Monthly Comphimme Report 19-20
Exhibit H: Complaint Re 'ster 21-24
1
General Policy Statement
It is the policy of the(Client)(City)to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended(12 U.S.C. 1701 u).
Section 3 Purpose
Section 3 of the Housing and Urban Development Act of 1968,as amended,requires the City to ensure that
training, employment and other economic opportunities generated by certain HUD financial assistance shall
be directed, to the greatest extent feasible, and consistent with existing Federal, State and Local laws and
regulations,to low-and very low-income persons.
The City will make every effort to ensure that contractors of Section 3-covered funding ensure their own
compliance and the compliance of their/subcontractors with the Section 3 requirements,as outlined in
24 CFR§135.32.
Key provisions to achieve this goal include:
The plan will delineate how the City intends to comply with Section 3 in its own operations and
ensure compliance in the operations of its contractors and their subcontractors. The Section 3
Plan will cover:
• Training on Section 3;
• Outreach, compliance, and reporting methods regarding employment,job training and
contracting opportunities for Section 3 residents and/or businesses;
• The identification of a Section 3 Coordinators) to ensure compliance and
monitoring of its Section 3 activities.
The City will maintain a list of cerbtfied Section 3 Businesses. Section 3 business certifications will be
conducted on an annual basis. Section 3 Businesses will have the option to become part of a master
reference list for Recipients to use when contracting opportunities arise. Recipients should maintain a
local Section 3 business certification list as well and should not rely solely on the City list. Inclusion on
the Section 3 business list does not imply endorsement or procurement of the businesses on the list; it is
only to serve as a reference that a business may qualify as a Section 3 Business Concern.
Applicability
Section 3 requirements are triggered when HUD-sourced assistance is expended for housing rehabilitation,
housing construction or other public construction projects that are equal to or greater than$200,000
and subcontracts of such projects in the amount of$100,000 or more(see below).
Covered projects include:
+ Housing Rehabilitation(to include reduction of lead based paint hazards,and demolition);Housing
Construction(to include reduction of lead-based paint hazards and demolition);Public Infrastructure(e.g.
street repair, sewage line repair or installation, updates to building facades,etc.);
+ Public Facilities and Park Improvements;and,
+ Job creating or job sustaining Economic Development Projects as applicable.
2
Section 3 Definitions
Employment Opportunities Generated by Section 3 Covered Assistance "all employment opportunities
generated by the expenditure of Section 3 covered projects (as described in §135.3(a)(2),
including management and administrative jobs connected with the Section 3 covered project. Management
and administrative jobs include architectural, engineering or related professional services required to
prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative
support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc."(24 CFR
§135.5)
Housing and Community Development Assistance — "any financial assistance provided or otherwise
made available through a HUD housing or community development program through any grant, loan,
loan guarantee, cooperative agreement, or contract, and includes community development funds in the
form of community development block grants, and loans guaranteed under section 108 of the Housing
and Community Development Act of 1974, as amended. Housing and community development assistance
does not include financial assistance provided through a contract of insurance or guaranty." (24 CFR
§135.5)
HUD Youthbuild Programs—"programs that receive assistance under subtitle D of Title IV of the
National Affordable Housing Act, as amended by the Housing and Community Development Act of
1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education
leadership development, and training in the construction or rehabilitation of housing for homeless
individuals and members of low-and very low-income families."(24 CFR§135.5)
Low-income Person—"families(including single persons)whose household incomes do not exceed 80
per centum of the median income for the area."(24 CFR§135.5)To determine if a household's income is
considered low-income,HUD's income limits may be obtained from:
httv://www.huduser.ar¢/nortaUdatasets/il.html
Non-metropolitan County—"any county outside of a metropolitan area"(24 CFR§135.5)
New Hires—"a full-time employee for a new permanent, temporary, or seasonal position that is created
during the expenditure of Section 3 covered financial assistance."(24 CFR§135.5)
Section 3 Clause—"the contract provisions set forth in§ 135.38."(24 CFR§135.5)
Section 3 Covered Activity—"any activity which is funded by Section 3 covered assistance public and
Indian housing assistance."(24 CFR§135.5)
Section 3 Covered Assistance—"assistance provided under any HUD housing or community development
program that is expended for work arising in connection with: (i) Housing rehabilitation (including
reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and
replacement); (ii) Housing construction; or (iii) Other public construction project (which includes other
buildings or improvements,regardless of ownership)."(24 CFR§135.5)
Section 3 Covered Contract — "a contract or subcontract (including a professional service contract)
awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance,
or for work arising in connection with a section 3 covered project." (24 CFR
§135.5)
Section 3 — "Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701u)"(24 CFR§135.1)
3
Section 3 Business Certification formA form used to document a business as a "Section 3 Business
Concern."
Section 3 Business Concern—"a business concern, (1) That is 51 percent or more owned by Section 3
residents; or (2) Whose permanent, full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents,or within three years of the date of first employment with the business concern
were Section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25
percent of the dollar award of all subcontracts to be awarded to business concerns that meet the
qualifications set forth in paragraphs (1) or(2) in this definition of"Section 3 business concern." (24 CFR
§135.5)
Section 3 Covered Project — "the construction, reconstruction, conversion or rehabilitation of housing
(including reduction and abatement of lead based paint hazards), other public construction which
includes buildings or improvements (regardless of ownership) assisted with housing or community
development assistance."(24 CFR§135.5)
Section 3 Joint Venture—"means an association of business concerns,one of which qualifies as a Section
3 business concern,formed by written joint venture agreement to engage in and carry out a specific business
venture for which purpose the business concerns combine their efforts, resources and skills for joint profit,
but not necessarily on a continuing or permanent basis for conducting business generally, and for which
section 3 business concern(1) is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and (2)performs at least 25% of the work and is
contractually entitled to compensation proportionate to its work"(24 CFR§135.40)
Section 3 Resident — 1) a public housing resident; or 2) a low- or very low-income person
residing in the metropolitan area or non-metropolitan county where the Section 3 covered assistance is
expended. (24 CFR§135.5)
Section 3 Resident Self Certification Form—form used to document a resident of a local community as a
Section 3 Resident.
Service Area—"is the geographical area in which the persons benefiting from Section 3 covered project
reside. The Service Area shall not extend beyond the unit of local government in which the Section 3
covered financial assistance is expended"(24 CFR§135.5)
Subcontractor — "any entity (other than a person who is an employee of the contractor) which has a
contract with a contractor to undertake a portion of the contractor's obligation for the performance of work
generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3
covered project"(24 CFR§135.5)
The greatest extent feasible—"every effort must be made to comply with the regulatory requirements of
Section 3, meaning Recipients of Section 3 covered financial assistance should make every effort
within their disposal to meet the regulatory requirements. For instance,this may mean going a step beyond
the normal notification procedures for employment and contracting procedures by developing strategies that
will specifically target Section 3 residents and businesses for these types of economic opportunities."
(HUD's FAQ's):http//vortal hud_ og y/hu�rtal/documents/huddoc?id=l lsecfaas.vdfl
Very low-income Person—"families (including single persons) whose,household income do not exceed
50 per centum of the median family income for the area.)"(24 CFR§135.5) To determine if a household's
income is considered very low-income (very low income is defined as 50% or below the median income
of that area.)HUD's income limits may be obtained from:http://www.huduser.org/portal/datasets/il.hunl
4
Compliance with Section 3
Contractors may demonstrate compliance with the "greatest extent feasible"(CFR 24 §135.30)requirement of Section 3
by meeting HUD's numerical goals for providing training,employment, and contracting opportunities to Section 3
Residents and Section 3 Business Concerns.
The minimum numerical goals are:
30%of total number of new hires as Section 3 Residents;
10%of all awarded construction contracts,awards to Section 3 Business Concerns;
3%of all awarded non-construction contracts,awards to Section 3 Business Concerns.
Contractors and their subcontractors must ensure that, to the greatest extent feasible, contractors will make good
faith efforts to provide training,employment, and contracting opportunities to Section 3 Residents and Section 3 Business
Concerns. The numerical goals established in this section represent minimum goals and are considered safe harbor
numerical targets. Contractors are strongly encouraged to adopt numerical goals that exceed the minimum requirements.
If a Recipient falls to fully meet the Section 3 minimum numerical goals,they must be prepared to demonstrate that efforts were
made in an attempt to meet the numerical goals. Failure to meet numerical goals requires a detailed etploutdon to the City.
The City will then examine the Recipient's documented efforts and provide technical assistance as necessary.However, `failure
to comply may lead to sanctions,suspension and limited denial of participation pursuant to HUD's regulations in 24 CFR Part
24,where appropriate,may be applied to the recipient or the contractor."(24 CFR 9135.74)
Section 3 Residents
Residents to be given priority in hiring are those who live in the service area where a Section 3 project is located who are
either:
• Public housing residents including persons with disabilities;
• Low-income or very-low-income person(s) who live in the metropolitan statistical area(MSA)or non-metro
county area of project;
• HUD Youthbuild program participants (centers in Austin, Houston, Kendleton, El Paso, New Waverly, San
Antonio,Brownsville,and Dallas);
• Homeless,defined under McKinney Act(42 U.S.C. 11301 et seq.).
A resident seeking Section 3 preference shall submit a Section 3 Resident Certification Form (see Exhibit A for
sample) to the Recipient's Section 3 Coordinator(s) or the contractor or subcontractor to verify and approve the
certification. The Recipient's Section 3 Coordinator(s) should maintain a list of Section 3 Residents for current and/or
future Section 3 job opportunities.
HUD has clarified that a Self-Certification is an acceptable means for establishing eligibility as a Section 3
Resident. However, the City may utilize acceptable support documentation with the Section 3 Resident Certification
Form to include:
+ Proof of residency in a public housing development;
• Evidence of participation in a HUD Youthbuild program operated in the metropolitan
(or non-metropolitan county)where the Section 3 covered assistance is spent;
• Copy of Section 8 voucher certificate or voucher,
• Evidence of eligibility or participation in a federally-assisted program for low- and very-low-
income persons(e.g.Jobs,JTPA,Job Corps,etc.);
• Evidence that the individual resides in the Section 3 area and is a low or very-low-income person,as
defined in Section 3(b)(2)of the U.S.Housing Act of 1937(1937 Act);
• Other acceptable documentation to the City.
5
Section 3 Business Concern
To determine if a business qualifies for Section 3 designation, the City and/or its assigned Section 3 Coordinator(s)will
perform a local Section 3 Business Concern Certification. The City and/or its assigned Section 3 Coordinator(s) v411
verify and approve the certification (see sample form for a Business Concern Certification ExhiNt B attached in this
policy). The City may refer to the City's Section 3 Business Certification listing to see if the applicable business is
already listed as a Section 3 Business Concern.
A Section 3 Business Concern is one that is:
• Owned by 51%or more by Section 3 Residents;or
• Employs at least 30%of employees who qualify as Section 3 Residents(or within 3 years of the date of
first employment with the business concern were Section 3 Residents);or
• Commits to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to
business concerns that meet one of the first two qualifications above.
The City will include the"Contractor Certification of Efforts to Comply Notice"(Exhibit C),in all bid packets.
Contractors and Subcontractors must post all new hire opportunities with the local Workforce Solutions
Center and WorkinTexas com.
Section 3 Preference
HUD requires that preference be given to Section 3 Residents in training and employment opportunities and preference
for contracting opportunities be given to Section 3 Business Concerns.
I. "The City and its contractors and subcontractors will provide Preference for Section 3 Residents in
trainer and emDlo-ment opportunities and shall direct their efforts to provide to the greatest extent
feasible training and employment opportunities generated from expenditure of Section 3 covered assistance
to Section 3 Residents" (24 CFR §135.34) in ofpriori ty:
• Section 3 Residents residing in the service area or neighborhood in which the Section 3 covered
project is located(collectively,referred to as category 1 residents);
• participants in HUD Youthbuild programs(category 2 residents);
• Where the Section 3 project is assisted under the Stewart B.McKinney Homeless Assistance Act(42
U.S.C. 11301 et seq.),homeless persons residing in the service area or neighborhood in which the
Section 3 covered project is located shall be given the highest priority;
• Other Section 3 Residents.
Types of Economic Opportunities that may arise from a Section 3 Project:
• For Public Housing Authorities, all employment opportunities generated by the expenditure of
development, operating, and modernization assistance, including management and administrative
jobs,technical,professional,construction and maintenance jobs;and jobs at all levels.
• For all others, all employment opportunities arising in connection with housing rehabilitation
(including reduction and abatement of lead base paint hazards),housing construction,or other public
construction(i.e.,management and administrative jobs,technical,professional, and construction and
non-construction jobs;and jobs at all levels).
HUD offers examples of efforts that can be made to Offer Training and Employment Opportunities to
Section 3 Residents training(see Exhibit D).
A Section 3 Resident seeking the preference in training and employment provided by this part shall
6
certify, or submit evidence to the City, Contractor or Subcontractor, if requested, that the person is a
Section 3 Resident. A Section 3 Resident must demonstrate that they meet the qualifications for new
employment opportunities created as a result of the expenditure of the covered assistance.
II. Preference for Section 3 Business Concerns in contracting oA,= (24 CFR§13536),
Recipients,contractors and subcontractors shall direct their efforts to award Section 3 Covered contracts,to
the greatest extent feasible,to Section 3 Business Concerns in order of priority to:
• (First priority)- Business concerns that provide economic opportunities for Section 3 residents in
the service area or neighborhood in which the Section 3 covered project is located (category 1
businesses);
• (Second priority)-HUD Youthbuild programs(category 2 businesses);
• (Third Priority)-Other Section 3 Business Concerns.
HUD offers examples of efforts that can be made to Procurement Procedures that P
Provide Preference to Section 3 Residents training(see Exhibit E)
Section 3 Clause
The City will incorporate the Section 3 Clause into all solicitations and any contracts or subcontracts in
excess of$100,000(24 CFR§135.38)(See Exhibit F).
Reporting Requirements
The City shall document actions taken to comply with the employment, training and contracting
requirements of Section 3,the results of actions taken,and impediments encountered.The City will maintain
records of job vacancies, solicitation of bids or proposals, selection materials and contracting documents
(including scope of work and contract amount), in accordance with Federal and State procurement laws and
regulations. The documentation should demonstrate efforts taken towards the achievement of the Section 3
numerical goals.
Contractors and their subcontractors must submit to the City a New Hires Section 3 Monthly Compliance Report
(Exhibit n
Complaint Process
In the event that a complaint is received; the City Section 3 Coordinator(s) will assist or work with the applicable
Contractor to obtain:
Relevant information regarding the complaint at hand;
• Documentation used to comply with Section 3;
• Reports submitted to the City to monitor Section 3 compliance;
• All other relevant information.
Complaints will be accepted by the City using HUD's Section 3 Complaint Register Form (See Exhibit G).
7
Texas General Land Office
Community Development Block Grant(CDBG) Exhibit A
Disaster Recovery Program
SECTION 3
RESIDENT EMPLOYMENT OPPORTUNITY DATA
ELIGIBLITY FOR PREFERENCE
Economic Opportunities for Low and Very Low-Inoome Persons
Grantea Subreci ient: Contract Number. Date:
ELIGIBILITY FOR PREFERENCE
A Section 3 Resident seeking the preference in training and employment provided by this part shall certify,or submit
evidence to the Subrecipient, Grantee, Contractor or Subcontractor, if requested, that the person is a Section 3
Resident,as defined in Section CFR 135.5. (An example of evidence of eligibility for the preference is evidence of
receipt of public assistance,or evidence of participation in a public assistance program.)
Section 3 Resident Certification
for Worker Seeking Preference in Training and Employment
RESIDENT COMPLETES THIS SECTION:
am a legal resident of the I
and meet the income eligibility guidelines for a low-or very-
low-income person as published on HUD'S income limits www.huduser.org/portaVdatasetsriil.htmi and documented
on the reverse side of this form.
MY permanent address is:
I have attached the following documentation as evidence of my status:
❑ Copy of receipt of
❑Copy of Lease public assistance
❑ Copy of Evidence of participation ❑ Other Evidence
in a public assistance program
Resident Signature Date
Print Name
8
SECTION 3 INCOME LEI M
All residents of public housing developments of the Housing Authority of
Qualify as Section 3 Residents.
Alternatively,individuals residing in the
City of
or County of
Who meet the income limits set forth below,can also qualify for Section 3 status
A picture identification card and proof that illustrates applicant is a current resident of the subject area.
HUD updates area median income(AMI)annually and income limits vary by county.To find the latest income
limits visit HUD's website www.huduser.orgdMgWLdatpsets/ilhftii
B*kGUWM
Number in Household Very Low Income(50%AMI) Low kwme(80%)
1 Individual
2 Individuals
3 IndWuals
4 Individuals
5 Individuals
6 Individuals
7 Individuals
8 Individuals
Signature Field D&
Print Name
9
Exhibit B
Texas General Land Office
Community Development Block Grant(CDBG)
Disaster Recovery Program
CERTIFICATION FOR BUSINESS CONCERNS
Seekiing Section 3 Preference In Contracting and
Demonstration of Capability
Economic Opportunities for Low and Very Low4noorne Persons
GranteelSubn3apient: Contract Number. Date:
CONMUORIWORMATION
Name of Business
Address of Bueirress
Type of Business: ❑ Corporation ❑ Partnership ❑ Non-Profit
❑ Sole Proprietorship ❑Joint Venture Consortium
Attach the following documentation as evidence of Section 3 eligible status:
(Definition of"Section 3 Business Concern"in 24 CFR 135 describes the three alternative qualifications.)
For Business claiming stds as a Section 3 residentoNned enterprise:
❑ Copy of resident lease ❑Copy of receipt of public assistance
Copy of evidence of participation in a public Other evidence
assistance program
For business erdityas applicable:
Copy of Articles of Incorporation Certificate of Good Standing
Assumed Business Name Certificate Partnership Agreement
List of ownersistocicholoers and%ownership Corporation Annual Report
of each appointed officers Latest Board minutes
❑ Organization dart with names and titles M Additional documentation
and brief function statement
For business entity claiming Section 3 status by subcontracting 25 percent of the dollar awarded to
qualified Section 3 business(es):
❑List of subcontracted Section 3 business(es)and subcontract amount
For bueirtess claming SecUm 3 status,by claiming at least 30 percent oftfreirworfdonoe are asrerrtiy Section 3
residents or ware Section 3 eligible residents within 3 years of date of first employment with the business:
❑List of all current full-time employees ❑List of employees claiming Section 3 status
PHMHA Residential lease less than 3 years Other evidence of Section 3 status less than 3
from day of employment years from date of employment
Evidence of aWkyto perform succesai*underthe terms and conditions of the proposed contract
Current financial statement ❑Statement of ability to comply with
List of owned equipment public policy
List of all contracts for the past two years
Authorized Name and Signature Date
(Corporate Seal)
Attested By:
10
Exhibit C
Texas General Land Office
Community Development Block Grant(CDBG)
Disaster Recovery Program Gw*WSubrecipient
Inciirde this downed in ail aippft"bid packets.
Contractor Certification of Efforts to Fully Com1Dly
with Employment and Training Provisions of Section 3
Economic Opportunities for Low and Very Low-Income Persons
THE BIDDER REPRESENTS AND CERTIFIES AS PART OF ITSBIDIOFFER THAT IT:
❑Is a Section 3 Business Concern.A Section 3 Business Concern means a business concern:
1.That is 51%or more owned by Section 3 Resident(s);or
2.Whose permanent,full-time employees include persons,at least 30%of whom are currently section 3 Residents,or
33hat provides evidence of a commitment to subcontract in excess of 25%of the dollar value of all subcontracts to be awarded to
Section 3 Business Concerns,that most the qualifications set forth in paragraphs 1 or 2 herein.
0 Is NOT a Section 3 Business Concern,but who has and will continue to seek compliance with Section 3 by certifying the following efforts
be wdelortaken.
�T�l�i`AN
❑ By contacting business assistance agencies,minority contractors associations and community organizations to inform them of
contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids for a portion of the work.
By advertising contracting opportunities by posting notices,which provide general information about the work to be contracted and where to
❑ obtain additional information,in the common areas of the applicable development(s)owned and managed by the Housing Authority.
By providing written notice to all known Section 3 Business Concerns of contracting opportunities.This notice should be in sufficient time to
❑ allow the Section 3 Business Concerns to respond to bid'invitation
❑ By following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities.
By coordinating meetings at which Section 3 Business Concerns could be informed of specific elements of the work for which subcontract
❑ bids are being sought.
By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 Business
E] Concerns can take advantage of contracting opportunities.
❑ By advising Section Business Concerns as to where they seek assistance to overcome barriers such as inability to obtain bonding,lines of
credit,financing,or insurance and aiding Section 3 Businesses in qualifying for such bonding,financing,insurance,etc....
Where appropriate,by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses.
Bydeveloping and using a list of eligible Section 3 Business Concerns.
❑ By actively supporting and undertaking joint ventures with Section 3 Businesses.
By entering into a"first source'hiring agreements with organizations representing Section 3 Residents.
By establishing training programs,which are consistent with the requirements of the Department of Labor,specifically for Section 3
❑ Residents in the building trades.
❑ By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents.
By contacting resident councils and other resident organizations in the affected housing development to request assistance in
E] residents of the training and employment positions to be filled.
❑ By arranging interviews and conducting interviews on the job site.
By undertaking such continued job-training efforts as may be necessary to ensure the continued employment of Section 3
❑ previously hired for employment opportunities.
Canh=WNwrW&eirreesNeme:
Signature FleId Delefiinte Field
11
Texas General Land Office Exhibit D
Community Development Block Grant(CDBG)
Disaster Recovery Program
[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR135.92]
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 135--ECONOMIC OPPORTUNITIES FOR LOW- and VERY LOW-INCOME PERSONS
Table of Contents
Appendix to Part 135
I.EXAMPLES OF EFFORTS TO OFFER TRAINING AND EMPLOYMENT OPPORTUNITIES TO
SECTION 3 RESIDENTS
(1) Entering into ' 'first source" hiring agreements with organizations representing
Section 3 residents.
(2) Sponsoring a HUD-certified Step-Up" employment and training program for
section 3 residents.
(3) Establishing training programs, which are consistent with the requirements of
the Department of Labor, for public and Indian housing residents and other section
3 residents in the building trades.
(4) Advertising the training and employment positions by distributing flyers (which
identify the positions to be filled, the qualifications required, and where to obtain
additional information about the application process) to every occupied dwelling
unit in the housing development or developments where category 1 or category 2
persons (as these terms are defined in Sec. 135.34) reside.
(5) Advertising the training and employment positions by posting flyers (which identify
the positions to be filled, the qualifications required, and where to obtain additional
information about the application process) in the common areas or other prominent
areas of the housing development or developments. For HAs, post such advertising
in the housing development or developments where category 1 or category 2
persons reside; for all other recipients, post such advertising in the housing
development or developments and transitional housing in the neighborhood or
service area of the section 3 covered project.
(6) Contacting resident councils, resident management corporations, or other resident
organizations, where they exist, in the housing development or developments
where category 1 or category 2 persons reside, and community organizations in
HUD assisted neighborhoods, to request the assistance of these organizations in
notifying residents of the training and employment positions to be filled.
12
(7) Sponsoring (scheduling, advertising, financing or providing in-kind services) a job
informational meeting to be conducted by an HA or contractor representative or
representatives at a location in the housing development or developments where
• category 1 or category 2 persons reside or in the neighborhood or service area of
the section 3 covered project.
(8) Arranging assistance in conducting job interviews and completing job applications
for residents of the housing development or developments where category 1 or
category 2 persons reside and in the neighborhood or service area in which a
section 3 project is located.
(9) Arranging for a location in the housing development or developments where
category 1 persons reside, or the neighborhood or service area of the project,
where job applications may be delivered to and collected by a recipient or
contractor representative or representatives.
(10) Conducting job interviews at the housing development or developments where
category 1 or category 2 persons reside, or at a location within the neighborhood
or service area of the section 3 covered projects.
(11) Contacting agencies administering HUD Youthbuild programs, and requesting their
assistance in recruiting HUD Youthbuild program participants for the HA's or
contractor's training and employment positions.
(12) Consulting with State and local agencies administering training programs funded
through JTPA or JOBS, probation and parole agencies, unemployment
compensation programs, community organizations and other officials or
organizations to assist with recruiting Section 3 residents for the HA's or
contractor's training and employment positions.
(13) Advertising the jobs to be filled through the local media, such as community
television networks, newspapers of general circulation, and radio advertising.
(14) Employing a job coordinator, or contracting with a business concern that is
licensed in the field of job placement (preferably one of the section 3 business
concerns identified in part 135), that will undertake, on behalf of the HA, other
recipient or contractor, the efforts to match eligible and qualified section 3
residents with the training and employment positions that the HA or contractor
intends to fill.
(15) For an HA, employing section 3 residents directly on either a permanent or a
temporary basis to perform work generated by section 3 assistance. (This type
of employment is referred to as ' 'force account labor" in HUD's Indian housing
regulations. See 24 CFR 905.102, and Sec. 905.201(a)(6).)
(16) Where there are more qualified section.3 residents .than there are positions to be
filled, maintaining a file of eligible qualified section 3 residents for future
employment positions.
(17) Undertaking job counseling, education and related programs in association with
local educational institutions.
(18) Undertaking such continued job training efforts as may be necessary to ensure the
continued employment of section 3 residents previously hired for employment
opportunities.
(19) After selection of bidders but prior to execution of contracts, incorporating into
the contract a negotiated provision for a specific number of public housing or
other section 3 residents to be trained or employed on the section 3 covered
assistance.
(20) Coordinating plans and implementation of economic development (e.g., job
training and preparation, business development assistance for residents) with the
planning for housing and community development.
13
Texas General Land Office Exhibit E
Community Development Block Grant(CDBG)
Disaster Recovery Program
III.EXAMPLES OF PROCUREMENT PROCEDURES THAT PROVIDE FOR PREFERENCE FOR
SECTION 3 BUSINESS CONCERNS
This Section III provides specific procedures that may be followed by recipients and
contractors (collectively, referred to as the ' 'contracting party") for implementing
the section 3 contracting preference for each of the competitive procurement
methods authorized in 24 CFR 85.36(d).
(1) Small Purchase Procedures. For section 3 covered contracts aggregating no
more than $25,000, the methods set forth in this paragraph (1) or the more
formal procedures set forth in paragraphs (2) and (3) of this Section III may be
utilized.
(i) Solicitation.
(A) Quotations may be solicited by telephone, letter or other informal procedure
provided that the manner of solicitation provides for participation by a
reasonable number of competitive sources. At the time of solicitation, the
parties must be informed of:
--the section 3 covered contract to be awarded with sufficient specificity;
--the time within which quotations must be submitted; and
--the information that must be submitted with each quotation.
(B) If the method described in paragraph (1) (A) is utilized, there must be an
attempt to obtain quotations from a minimum of three qualified sources in
order to promote competition. Fewer than three quotations are acceptable
when the contracting party has attempted, but has been unable, to obtain a
sufficient number of competitive quotations. In unusual circumstances, the
contracting party may accept the sole quotation received in response to a
solicitation provided the price is reasonable. In all cases, the contracting party
shall document the circumstances when it has been unable to obtain at least
three quotations.
(ii) Award.
(A)Where the section 3 covered contract is to be awarded based upon the
lowest price, the contract shall be awarded to the qualified section 3
business concern with the lowest responsive quotation, if it is reasonable and no
more than 10 percent higher than the quotation of the lowest responsive
quotation from any qualified source. If no responsive quotation by a qualified
section 3 business concern is within 10 percent of the lowest responsive
quotation from any qualified source, the award shall be made to the source with
the lowest quotation.
(B) Where the section 3 covered contract is to be awarded based on factors
other than price, a request for quotations shall be issued by developing the
particulars of the solicitation, including a rating system for the assignment of
points to evaluate the merits of each quotation. The solicitation shall identify all
factors to be considered, including price or cost. The rating system shall provide
for a range of 15 to 25 percent of the total number of available rating points to
14
be set aside for the provision of preference for section 3 business concerns. The
purchase order shall be awarded to the responsible firm whose quotation is the
most advantageous, considering price and all other factors specified in the rating
system.
(2) Procurement by sealed bids (Invitations for Bids). Preference in the award of
section 3 covered contracts that are awarded under a sealed bid (IFB)
process may be provided as follow:
[[Page 707]]
(i) Bids shall be solicited from all businesses (section 3 business concerns, and
non-section 3 business concerns). An award shall be made to the qualified
section 3 business concern with the highest priority ranking and with the lowest
responsive bid if that bid-- (A) is within the maximum total contract price
established in the contracting party's budget for the specific project for which
bids are being taken, and (B) is not more than "X"higher than the total bid
price of the lowest responsive bid from any responsible bidder. "X"is
determined as follows:
x=lesser of:
When the lowest responsive bid is less 10% of that bid or$9,000.
When the lowest responsive bid is:
At least $100,000, but less than 9% of that bid, or$16,000.
$200,000.
At least $200,000, but less than 8% of that bid, or$21,000.
$300,000.
At least $300,000, but less than 7% of that bid, or$24,000.
$400,000.
At least$400,000, but less than 6% of that bid, or$25,000.
$500,000.
At least$500,000, but less than $1 5% of that bid, or$40,000.
minion.
At least $1 million, but less than $2 4% of that bid, or$60,000.
mnuon.
At least $2 million, but less than $4 3% of that bid, or$80,000.
minion.
At least $4 million, but less than $7 2% of that bid, or$105,000.
mnuon.
$7 million or more 1-1/2% of the lowest responsive bid,
with no dollar limit.
15
(ii) If no responsive bid by a section 3 business concern meets the
requirements of paragraph (2)(i) of this section, the contract shall be awarded
to a responsible bidder with the lowest responsive bid.
(3) Procurement under the competitive proposals method of procurement (Request
for Proposals (RFP)).
(i) For contracts and subcontracts awarded under the competitive proposals
method of procurement (24 CFR 85.36(d)(3)), a Request for Proposals (RFP)
shall identify all evaluation factors (and their relative importance) to be used to
rate proposals.
(ii) One of the evaluation factors shall address both the preference for section 3
business concerns and the acceptability of the strategy for meeting the greatest
extent feasible requirement (section 3 strategy), as disclosed in proposals
submitted by all business concerns (section 3 and non-section 3 business
concerns). This factor shall provide for a range of 15 to 25 percent of the total
number of available points to be set aside for the evaluation of these two
components.
(iii) The component of this evaluation factor designed to address the preference
for section 3 business concerns must establish a preference for these business
concerns in the order of priority ranking as described in 24 CFR 135.36.
(iv) With respect to the second component (the acceptability of the section 3
strategy), the RFP shall require the disclosure of the contractor's section 3
strategy to comply with the section 3 training--and employment preference, or
contracting preference, or both, if applicable. A determination of the contractor's
responsibility will include the submission of an acceptable section 3 strategy.
The contract award shall be made to the responsible firm (either section 3 or
non-section 3 business concern) whose proposal is determined most
advantageous, considering price and all other factors specified in the RFP.
16
""!. Texas General Land Office Exhibit F
Community Development Block Grant(CDBG)
Disaster Recovery Program
Code of Federal Regulations
Title 24-Housing and Urban Development
Volume:1
Date:2003-04-01
Original Date:2003-04-01
Title:Section 135.38-Section 3 Clause
Context:Title 24-Housing and Urban Development.Subtitle B-Relating to Housing and Urban
Development.Chapter 1-Office of Assistant Secretary for Equal Opportunity,Department. Part 135
Economic Opportunities for Low-and Very Low-income Persons.Subpart B-Economic Opportunities for
Section 3 Residents and Section 3 Business Concerns.
§135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause(referred to as the section 3 clause):
A.The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701u(section 3).The purpose
of section 3 is to ensure that employment and other economic opportunities generated by HUD
assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be
directed to low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C.The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding,if any,a notice advising the
labor organization or workers'representative of the contractor's commitments under this section 3
clause, and will post copies of the notice in conspicuous places at the work site where
employees and applicants for training and employment positions can see the notice.The notice shall
describe the section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s)taking applications for each of the positions;and the anticipated date the
work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an
applicable provision of the subcontract or in this section 3 clause,upon a finding that
subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract
with any subcontractor where the contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR part 135.
17
E.The contractor will certify that any vacant employment positions,including training positions,that
are filled (1)after the contractor is selected but before the contract is executed, and (2)with persons
other than those to whom the regulations of 24 CFR part 135 require employment opportunities to
be directed.were not filled to circumvent the contractor's obligations under 24 CFR Dart 135.
F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this
contract for default,and debarment or suspension from future HUD assisted contracts.
G.With respect to work performed in connection with section 3 covered.Indian housing assistance,
section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent
feasible,but not in derogation of compliance with section 7(b).
18
Texas General Land Office Exhibit G
Community Development Block Grant(CDBG)
Disaster Recovery Program
NEW HIRES SECTION 3
MONTHTLY COMPLIANCE REPORT
Morph:
Economic Opporknbes for Low and Very Low-inane Persons
This form is distributed to the Generai Contractor(GC)at the Pre-Construction Meeting.GC is also required to provide this form to any suboontraclor
M they antidpate hiring for this project.
CONTRACTOR INFORMATION
Name of Bueireo:
Address of Business:
Aufhafted eve fbrfhis contract
Atrt alz ed Sigrarbory:
ADDITIONALLY,PLEASE REVIEW AND COMPLY WITH STEPS 1 .3 BELOW:
1.You must ft&W this form for the each applicable reporting month in connection with awarded project and deliver to:
2.When you hire a Section 3 resident in connection with this project,you must also complete this form and submit it to the Section 3
Coordinator identified above.Even ifthwe were no new hieafhis form be oonralebd and aubnrihed tothe Section 3 Coad ndor
fderdit above
I have not hired any new employees during the reporting Month specified.
I have hired F-1 Section 3 employes and/or Fl non-Secction 3 employees during the reporting month shown here.
The foNmft is a list of the new hies and the trades:
New Hine Name Job CategorylTrade FuNme?Yes or No
1.
2.
3.
4.
19
I
I have taken one or more of the following recruitment steps to hire a Section 3 Resident with the highest training and employment priority
ranking.Provide a brief dewdpflon of actions talaen:
I have taken steps to find a Section 3 Resident in the applicable targeted areas where the projects)/assistance will take place.List
❑ Placed signs or posters at prominent places in each of the above listed areas. AhologrgftwareWwtadxu aartfta*n.
I have advertised to fill vacancy(ies)at the site(s),where work is taking place,in connection with this project.
List advertlowoft(name pubk Lion,e.g.Worts in Texas.Houston gXgdA odor vrMW*s):
❑ Distributed employment flyers to the administrative office of the local Public Housing
❑ Provided notice of positions available to the Texas Workforce Commission for potential applicants. Ro"agoyafn dba
❑ Contacted employment referrals or Youthbuild Program referrals.List contacts:
❑ Contacted with applicable parties to ensure that any HUD Youthbuild programs currently operating in the project(s)areal
assistance will take place.
❑ Kept a log of all applicants and indicate the reasons why Section 3 Residents who applied were not
❑ Retained copies of any employment applications completed by public housing,Section 8 certificate or voucher holders or other
Section 3 Residents.
❑ Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker
representatives with whom our firm has a collective bargaining or other agreement.
3.Verification
I have attached proof of all checked items.
Authorized Name and Signature Date/Time Field
Text
Attested By:
20
U.S.Depadment of Housing OMB Approval No.2529-0043 Exhibit H
Complaint Register and Urban Development (Expires 11/30/200)
Under Section 3 of the Housing
And Urban Development Act of 1968 Office of Fair Housing
and Equal Opportunity
Name of Complaintant(Person or organization) Home Phone
StreetAddress Work Phone
City,State,Zip code
Against whom is this complaint being filed? Business Phone
Name of orgatnization or company
Street Address
City,State,Zip code
Name and identify others(If any)who violated the law in this cage
You are(check all that apply)
❑A.LowNery low income ❑ D.Section 3 business concern
❑ B.Public housing resident ❑ E.A representative of D
❑ C.A representative of A or B
Complaint is against(check one or more boxes)
❑ A.Applicant ❑ D.Recipient
❑ B.Sub-Recipient ❑ E.Contractor
❑ C.Subcontractor 0 F.Other(please specify)
Basis for non compliance with Section 3
❑ Denied Employment Denied Contracting
❑ Denied Training
What did the person you are complaining against do?(Check all that apply—provide documentation)
❑ A.Failed to meet numerical goals,as set out in ❑ G.Failed to train and/or employ Section 3
the Section 3 regulations residents
❑ B.Failed to ensure that its contractors and [] H.Failed to award contracts to Section 3
subcontractors comply with Section 3 busnness concerns
❑ C.Failed to notify Section 3 residents about ❑ I.Contracted with a contractor found to be in
training and/or employment opportunities violation of applicable statues and/or HUD
❑ D.Failed to notify Section 3 business concerns regulations
about contracting opportunities ❑ J.Failed to provide preference to Section 3
❑ E.Failed to notify potential contractors for Section 3 residents in training and or employment
covered projects of the requirements of Section 3 opportunities.
F.Failed to incorporate the Section 3 clause in ❑ K.Failed to provide preferences for Section 3
❑ Section 3 solicitations or contracts business concerns in contracting opportunities
When did the act(s)checked above occur?(include the most recent date If several dates are involved):
21
form HUD-958
(11/2010)
Summarize what happened?Attach additional information if necessary
Date:
22 form HUD-958
(11/2010)
Insbvctions for the Complaint Register
Section 3 of the Housing and Urban Development Act of 1968
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. This agency may not collect this information, and you are not required to
complete this form, unless it displays a currently valid OMB number.
The information is given voluntarily and provides the basis for HUD's investigation of the complaint to determine if the
allegations of noncompliance are valid. The Department will use the information provided as the basis for its
determination of jurisdiction over a complainant's allegations. All information collected complies with the Privacy Act
of 1974 and OMB Circular A-108.The information is not of a sensitive nature.The information is unique to the processing
an allegation of noncompliance with the Section 3 statute or implementing regulations.
This form is to be used to report allegations of noncompliance with Section 3 of the Housing and Urban Development Act of
1968, as amended and implementing regulations at 24 CFR Part 135.
What does Section 3 of the Housing and Urban Development Act of 1968 provide?
The law describes the HUD programs directly affected by Section 3, receiving Federal financial assistance from the
Department, and dictates how these programs are to provide employment and other economic opportunities for low
and very low income persons.
What does the law cover?
Section 3 applies to any Public and Indian Housing programs that receive: (1) developmental assistance pursuant to
section 5 of the U. S. Housing Act of 1937; (2) operating assistance pursuant to section 5 of the U.S. Housing act of
1937; or (3) modemization grants pursuant to section 14 of the U.S. Housing Act of 1937, and to housing and
community development assistance extended for: (1) housing rehabilitation (including reduction and
abatement of lead based paint hazards); (2) housing construction or(3)other public construction projects; and for
which the contract and subcontract exceeds$100,000.
What can you do about violations of the Law?
Remember, Section 3 applies to the awarding of jobs, training programs, and contracts, generated from projects
receiving HUD financial assistance. If you believe that, as a low-income person or a Section 3 business concern, the
responsibilities to provide economic opportunities under Section 3 have been violated, you have a right to file a complaint
within 180 days of the last alleged occurrences of noncompliance.
Complain to the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban
Development, by filing this form by mail or in person. The information received will be used by HUD to determine
iurisdiction under Section 3.
HUD will send the complaint to the appropriate HUD recipient for resolution. If resolution by the recipient fails, HUD
will investigate. If HUD finds that the complaint has merit, it will try to end the violation by informal resolution. If
conciliation fails, HUD may initiate other steps to enforce the law, including but not limited to suspension and
debarment of the recipient or contractors as applicable.
You can obtain assistance in learning about Section 3 or in filing a complaint at the HUD Office listed below:
Assistant Secretary
HUD Fair Housing and Equal Opportunity
4517"Street SW
Washington, DC 20410
(202)-708-3633
23 form HUD-958
(11/2010)
Privacy Act of 1974(P.L93-579)
Authority: Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and
Community Development Act of 1968, as amended by the Housing and Community Development Act of 1992,
Purpose:The information requested on this form is to be used to investigate and process Section 3
Use: The information requested will be used to process a complaint filed under Part 135. HUD may disclose
certain information for Federal, State, and local agencies when relevant to civil, criminal, or regulatory
investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as
required and permitted by law.
Penalty: Failure to provide some or all of the requested information will result in delay or denial of HUD
assistance.
Disclosure of this information is voluntary.
24
form HUD-958
(11/2010)
RICE WITS OPPORTUNITY
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 2,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing a one year contract with the Art Museum of
Southeast Texas
2. Consider a resolution authorizing a one year contract with the Southeast Texas
Arts Council
3. Consider a resolution authorizing a one year contract with the Texas Energy
Museum
4. Consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont
Main Street
5. Consider a resolution authorizing a one year contract with Beaumont Heritage
Society/John Jay French Museum
6. Consider a resolution approving the purchase of twenty-five golf carts for use at
the Henry Homberg Golf Course
7. Consider a resolution approving the purchase of granular phosphate for use by the
Water Utilities Department
I
WORK SESSIONS
* Review and discuss proposed amendments to the Code of Ordinances related to
Mobile Food Units
* Review and discuss possible bus route modifications to serve the
Delaware/Dowlen area and the Social Security Office on Dishman Road at Major
Drive
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSIONS
* 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:
625 Orleans Street-Hotel Beaumont
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Rashee Guillory vs. The City of Beaumont;No. E-188,778
Claims against Westchester Surplus Lines Insurance Company and
Lexington Insurance Company for damages sustained as a result of
Hurricane Ike
Claim of Tyrone Bill
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
October 2,2012
Consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas
i
RICH WITH OPPORTUNITY
BEAUMON*
T • $ - Z - A - B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer /
MEETING DATE: October 2,2012
REQUESTED ACTION: Council consider a resolution authorizing a one year
contract with the Art Museum of Southeast Texas in the
amount of$185,000 for FY 2013.
BACKGROUND
The City of Beaumont(City)and the Art Museum of Southeast Teams(AMSET)entered into a
lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease
on the land and building to be used as an art museum. The City imports AMSET with annual
allocations and garbage removal. In return, AMSET is open to the general public and strives to
provide programs and services to the entire community.
unity.
FUNDING SOURCE
$85,000 from the Hotel Occupancy Tax Fund and$100,000 from the General Fund.
RECOMIM[ENDATION
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 a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Art Museum of
Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
I
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the
parties dated December 30, 1986 and made a part hereof for all purposes (herein "the
premises"). Museum agrees to accept such hiring and hereby agrees to operate such
art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2012.
The City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty
Dollars ($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five
Thousand ($185,000) Dollars, Eighty-Five Thousand ($85,000) Dollars will be derived
from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which
requires that such funds be expended for arts and historical events or projects that
directly enhance and promote tourism and the convention and hotel industry.
3.
Expenditure of the Eighty-Five Thousand ($85,000) Dollars from Hotel
Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code
Section 351.101(a)(4).
EXHIBIT "A"
4.
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
6.
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such
termination City or Museum must provide the other party with written notice of such
default and if the party does not cure the default within fifteen (15) days after the giving
of notice the party giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to
use fifty (50) designated parking spaces in the City owned parking lot lying directly to
the east across Main Street from the premises during periods of use of the premises.
Otherwise such spaces may be used for City's Civic Center and theater event parking.
In addition, the City shall provide free parking for buses transporting school children to
the art museum.
Said parking places to be as available and as directed by the City's Civic Center director
at a site convenient to the Museum. Parking spaces on the premises shall be available
for City's use during periods when the premises are not in actual use.
8.
The Museum agrees to indemnify, hold harmless and defend, at its own
expense, the City of Beaumont and its officers, agents, servants and employees, from
and against any and all claims, causes of action and damages of every kind arising out
of or in conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of the Art Museum of
Southeast Texas (AMSET), its officers, agents and employees and specifically including
herein any and all acts of negligence by the City of Beaumont, its agents, officers or
employees carried out under the terms of this agreement.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
, 2012.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
By: By:
Kyle Hayes Name:
City Manager Title:
ATTEST: ATTEST:
By: By:
City Clerk Name:
Title:
2
October 2,2012
Consider a resolution authorizing a one year contract with the Southeast Texas Arts Council
RICH WITH OPPORTUNITY
BEAUMON*
T • E • a • A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 2,2012
REQUESTED ACTION: Council consider a resolution authorizing a one year
contract with the Southeast Texas Arts Council(SETAC)in
the amount of$105,000 for FY 2013.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote
the arts. The City contracts with SETAC to utilize 801%of its contract payment for production of
the magazine"Off Ramp"highlighting local events and"Tear Off'Attraction Maps for
distribution to hotels, as well as other programs and exhibitions that bring artists to the area and
promote the rich musical heritage of the area. The remaining 20%is used for operating
expenses.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 a one-year contract,
substantially in the form attached hereto as Exhibit"A,"between the Southeast Texas Arts
Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called "City", and the Southeast Texas Arts Council, a Texas non-profit
corporation, herein called "Courcir is as follows:
WITNESSETH
WHEREAS, V.T.C.A Tax Code Section 351.001 et.seq., authorizes the City
to use revenue derived from its hotel occupancy tax"for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating
program to attract conventions and visitors, either by the City or through contracts with
persons or organizations selected by the City; and,
WHEREAS, V.T.C.A. Tax Code Section 351.101(x)(4), authorizes the City to
use a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, Graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution and exhibition of these major art forms; and, for
projects that directly enhance and promote tourism and the convention industry.
WHEREAS, the Southeast Texas Arts Council is the proper organization to
provide assistance in the responsible distribution of public funds for support of the arts
in Beaumont;
Page 1
EXHIBIT "A"
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of One-Hundred Five-Thousand ($105,000)
Dollars by City to Council will be made from funds as available and as collected from
the Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty
Dollars ($8,750)will be made monthly commencing October 1, 2012.
Any funds not expended for the projects and purposes approved will be
retained by the Council to be reallocated for similar arts purposes by approval of the
City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(ax4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 15, 2013.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by
giving to the other party notice in writing of said termination thirty (30) days in advance.
7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
Page 2
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Council will attend
the seminar.
9. Council agrees to indemnify, save harmless, and defend the City of
Beaumont from any and all claims, causes of action and damages of every kind arising
from the operations of Council, its officers, agents and employees, including the officers,
agents, and employees involved in museum operation and specifically including herein
any and all acts of negligence by the City of Beaumont, its agents, officers or
employees, carried out under the terms of this agreement.
EXECUTED this the day of , 2012.
CITY OF BEAUMONT
By:
Kyle Hayes
ATTEST: City Manager
By:
City Clerk
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
ATTEST: Title:
By:
Name:
Title:
Page 3
3
October 2,2012
Consider a resolution authorizing a one year contract with the Texas Energy Museum
I
RICH WITH OPPORTUNITY
BEAUNON*
T • $ • z a A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 2,2012
REQUESTED ACTION: Council consider a resolution authorizing a one year
contract with the Texas Energy Museum m the amount of
$95,000 fur FY 2013.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria
by highlighting the history, along with current developments,of the oil industry in the Southeast
Texas region.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Texas Energy
Museum and the City of Beaumont in the amount of$95,000 for FY 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called 'TEM", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent(7%)of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (ax5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and, for projects that directly enhance and promote tourism and
convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(ax5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Twenty-Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing
October 1, 2012 from funds as available and collected from the hotel occupancy tax.
EXHIBIT "A"
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2012 to September 30, 2013.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit
such reports quarterly commencing January 15, 2013.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of TEM will attend the
seminar.
9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers, agents and employees, including the officers, agents,
and employees involved in TEM operation and specifically including herein any and all
acts of negligence by the City of Beaumont, its agents, officers or employees, carried
out under the terms of this agreement.
EXECUTED this the day of , 2012.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
TEXAS ENERGY MUSEUM, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
4
October 2,2012
Consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street
RICH WITH OPPORTUNITY
BEAUMON*
T • Z • : • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 2,2012
REQUESTED ACTION: Council consider a resolution authorizing a one year
contract with BUR D,Inc.,Beaumont Main Street in the
amount of$75,000 for FY 2013.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private
sectors that is dedicated to the revitalization of Beaumont's historic Central Business District.
The annual contnbution from the City will be matched with other local finals and used to
promote downtown business development and retention.
FUNDING SOURCE
General Fund.
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 a one-year contract,
substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont
Main Street and the City of Beaumont in the amount of$75,000 for FY 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont
Main Street, a non-profit corporation, hereinafter called 'BUILD", acting herein by and
through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
City and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and
downtown revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
c) attracting new employers;
EXHIBIT "A"
d) complying with all provisions of the Contract for Services - Urban Main
Street program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-
five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise
at least Seventy-Five Thousand ($75,000) in additional funding from the private sector
to match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments
will be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of
BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty
(30) days following the end of the quarter beginning with the quarter ending December
31, 2012. In addition to said quarterly reports, BUILD will also provide an annual review
related specifically to the Urban Main Street Program covering the period of this
agreement due on October 31, 2013.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2012, through September 30,
2013. Suspension and/or termination may occur if BUILD fails to comply with any or all
provisions of this agreement or for convenience.
INDEPENDENT CONTRACTOR
BUILD is an independent contractor and is not an officer, agent, or employee of
the City.
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as
they consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants and employees, from and against
any and all claims, causes of action and damages of every kind arising out of or in
conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of BUILD, Inc., its
officers, agents and employees and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees carried out under
the terms of this agreement.
EXECUTED in duplicate originals this the day of , 2012.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
Executive Director
"BUILD"
ATTEST:
By:
Name:
Title:
5
October 2,2012
Consider a resolution authorizing a one year contract with Beaumont Heritage Society/John Jay
French Museum
RICH WITH OPPORTUNITY
BEAUNOK*
T • B * X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 2,2012
REQUESTED ACTION: Council consider a resolution authorizing a one year
contract with Beaumont Heritage Society/John Jay French
Museum in the amount of$47,000 for FY 2013.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism. John J. French,an early settler in Beaumont,built
the Greek Revival home which has been faithfully restored. The home contains furniture and
fixtures from the mid 19th century and is a tourist attraction for our city.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French
Museum, herein called "Museum", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax "for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Museum agree as follows:
Page 1
EXHIBIT "A"
1. City agrees to pay to Museum the amount of Forty-Seven Thousand
($47,000) Dollars. The payment provided for herein will be made quarterly in the
amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter
commencing October 1, 2012 from funds as available and collected from the hotel
occupancy tax.
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for
the period October 1, 2012 to September 30, 2013.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2013.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the Museum.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it
may have and all removable personal property that may have been purchased with
funds derived from said tax.
Page 2
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
9. The Beaumont Heritage Society agrees to indemnify, hold harmless and
defend, at its own expense, the City of Beaumont and its officers, agents, servants and
employees, from and against any and all claims, causes of action and damages of
every kind arising out of or in conjunction with the execution, performance, attempted
performance or nonperformance of this contract or from the operations and actions of
the Beaumont Heritage Society/John Jay French Museum, its officers, agents and
employees and specifically including herein any and all acts of negligence by the City of
Beaumont, its agents, officers or employees, carried out under the terms of this
agreement.
EXECUTED this the day of , 2012.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
Page 3
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Page 4
6
October 2,2012
Consider a resolution approving the purchase of twenty-five golf carts for use at the Henry
Homberg Golf Course
RICH WITH OPPORTUNITY
BEAUMO,N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 2, 2012
REQUESTED ACTION: Council consider a resolution approving the purchase of
twenty-five (25) golf carts from Club Car, Inc. of
Montgomery in the amount of$104,275 for use at the
Henry Homberg Golf Course.
BACKGROUND
In 2006, fifty(50) golf carts were purchased for use by the Golf Course. The useful life of these
carts is four to five years. Twenty-five (25)carts were purchased in fiscal 2012, with part of the
cost being offset by a trade-in of carts from the existing fleet. The additional carts are needed to
keep sufficient carts in good operating condition at the course. The remaining older carts will be
kept as reserve units or disposed of according to city surplus equipment policy.
Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association
providing cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. BuyBoard complies with State of Texas procurement statutes.
Manufacturer's warranty for the carts is two (2)years. Delivery is expected within forty-five
(45)days.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of twenty-five(25)golf carts for use
by the Henry Homberg Golf Course from Club Car, Inc., of Montgomery, Texas, in the
amount of$104,275 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
7
October 2,2012
Consider a resolution approving the purchase of granular phosphate for use by the Water Utilities
Department
RICH WITH OPPORTUNITY
BEAUMON* City Council Agenda Item
T • $ • z • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial office*-"
MEETING DATE: October 2, 2012
REQUESTED ACTION: Council consider a resolution approving the purchase of
granular phosphate from Altivia, Corp., of Houston, in the
estimated amount of$103,600 for use by the water utilities
Department.
BACKGROUND
Granular Phosphate is used to sequester manganese in the water supply to improve color, clarity
and taste. Due to the inability of the current product to provide acceptable water treatment,the
staff at the water treatment plant has been conducting a series of tests over several months to find
a replacement product which would provide better performance.
Bids were requested for a six(6)month contract to supply Seaquest brand granular phosphate
compound. Seven(7)vendors were notified; four(4)vendors submitted bids. Bids from Shannon
Chemical, Inc., and Carus, Corp.,were rejected as having bid a product that did not meet
specifications. Conforming bids were received from Napco Chemical, Inc., of Spring, Texas and
Altivia, Inc., of Houston. The contract is to fiunish Sesquest granular phosphate at the fixed unit
price of$7,400 per ton. The price for the previous six(6)months was$2,250 per ton.
The new phosphate is substantially more expensive. However during the trial period it required
only one-half the amount to achieve satisfactory results compared to the current phosphate. It is
anticipated that, as the water production plant is able to adjust injection rates over time, the new
product will be competitive and possibly less expensive overall than the current phosphate. There
are no local suppliers of this product. Bid tabulation is as follows:
VENDOR TONS PRICE/TON TOTAL
Altivia Corp. 14 $7,400.00 $103,600.00
Houston, TX
Napco Chemical, Inc. 14 $9,240.00 $129,360.00
Spring, TX
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
Seaquest brand granular phosphate water treatment compound for use by the Water
Utilities Department; and,
WHEREAS, Altivia Corp., of Houston, Texas, submitted a bid of$7,400/ton for an
estimated amount of$103,600, as shown on Exhibit "A," attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corp., of
Houston, Texas, 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 bid submitted by Altivia Corp., for a six (6) month contract for the
purchase of Seaquest brand granular phosphate watertreatment compound in the amount
of $7,400/ton for an estimated amount of $103,600 for use by the Water Utilities
Department be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Altivia Corp., of Houston, Texas, for the purposes
described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Mayor Becky Ames -
OWN** CITY OF BEAUMONT,BEAUMONT,TEXAS
PURCHASING DIVISION BID TABULATION
f • s • x • • t
Bid Name: Six(6)Month Contract for Water Treatment Chemical-PHOSPHATE
Bid Number: BF0812-34
Bid Opening: Thursday,September 13,2012
Contact Person: Robert(Bob)Hollar,Buyer II
rhollarlb-ci.beaumont.tx.us
Phone: 409-880-3758
Vendor Shannon Chemical Carus Corp Napco Chem Altivia
City/State Exton,PA Peru,IL Spring,TX Houston
Phone or Fax No. 610 363-9090 800 435-6856 1JEJ81)651-6800 866 258-4842
Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended
ITEM DESCRIPTION QTY Price Price Price Price
1 Phosphate 14 $ 3,227.00 $45,178.00 $ 900.00 $12,600.00 $9,240.00 $129,360.00 $7,400.00 $103,600.00
TOTAL BID $ 45,178.00 $ 12,600.00 $ 129,360.00 $ 103,600.00
Product Bid Bid NSohn a-n-No-Cor A ua-Ma Sea quest Sea quest
Spec
Bid Non-Spec Product Q
NOTE: AWARDED VENDOR IS HIGHLIGHTED.
H
No Response: DXI, Univar,Southern Ionics, FSTI m
2
X
W
WORK. SESSION
* Review and discuss proposed
amendments to the Code of
Ordinances related to Mobile Food
Units
RICH WITH OPPORTUNITY
BEAUMON*
T • Z • z o A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Director of Management Operations
MEETING DATE: October 2, 2012
REQUESTED ACTION: Work Session—Mobile Food Units
BACKGROUND
Local rules for mobile food units were established in 2009. Staff has reviewed the Code and is
recommending several amendments that will mutually benefit local restaurants and the public.
All mobile food units are required to obtain periodic food sales permits. This is unnecessary for
a unit operated by City-licensed food establishment under the supervision of a certified food
manager and should be changed.
Mobile food units are required to empty their wastewater tanks within a 96 hour period of
operation. The proposal is that this period be reduced to every 48 hours.
The Code also requires mobile food units to be located within 200 feet of a commercial
restroom. The Public Health Department has determined that the availability of suitable
restrooms is not an issue for mobile units in Beaumont, and the rule is not necessary.
The proposed amendments will allow locally licensed food establishments to offer the public a
wider variety of food service options.
RECOMMENDATION
These amendments be brought forward for Council consideration.
ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS
Section 229.169, Mobile food establishments, subsection(a)(1), is hereby amended by adding
subparagraphs (A)through(G)to read as follows:
(a) Mobile food establishment provisions.
(1) General. Mobile food establishments shall comply with the requirements of
these rules except as otherwise provided in this paragraph and in paragraph(2)
of this subsection. The regulatory authority may impose additional requirements
to protect against health hazards related to the conduct of the food establishment
as a mobile operation,may prohibit the sale of some or all potentially hazardous
food, and when no health hazard will result,may waive or modify requirements
of this rule relating to physical facilities,except those requirements as specified
in paragraphs (5) and(6) of this subsection; subsection(b)(1)of this section;
subsection(c)(1)(A)-(E) of this section and section 229.164(k){n)of this title
(relating to food).
(A) Mobile food units are required to purchase a yearly mobile food permit in
order to assure that all compliance requirements are met.
(B) Mobile food units are additionally required to purchase a"food sale
permit"for each use. "Food sale permits"are good for a seventy-two (72)
hour period and are limited to two (2)times per month. A second"food
sale permit" cannot be issued within five (5) days from the start date of the
first signed permit. This permit is not required of a licensed central
preparation facility or licensee located within the City limits operating a
mobile food unit under the general supervision of a certified food
manager.
(C) Mobile food units are required to be easily identified to every passerby by
having the name of the business prominently painted on at least two sides
of the unit, in letters no smaller than 12" in height.
(D) Mobile food units may not occupy the same location for more than the
72-hour maximum duration of the"food sale permit."
(E) Vehicle registration must be provided with application.
(F) Federal tax ID certificate must be provided with application.
(G) Mobile food unit food choices are regofred-te be limited to those that can
be served or prepared entirely on the mobile food ulak vAtw in
compliance with of the Texas Food Establishment Rules adopted by the
City, . Also, all food to be prepared must be on the
unit at the time of inspection accompanied by the receipts.
Section 229.169, Mobile food establishments, subsection(b), is hereby amended by adding
paragranhstebpamgmiph(3)to read as follows:
(b) Central preparation facility.
(3) An affidavit from the owner of the central preparation facility must be provided
with the application.
Section 229.169, Mobile food establishments, subsection(c)(1), is hereby amended by adding
subparagraphs(F)through(K)to read as follows:
(c) Servicing area and operations.
(1) Protection.
(F) Mobile food units may erect a tent,or attach a tent-like awning to the side
of their unit,but are not allowed to utilize any adjacent building as a
dining or working area.
(G) Mobile food units are barred from the preparation of any food that requires
extensive rinsing, such as crawfish,because their wastewater tank is
limited in size.
(H) Mobile food unit operators are required to dump their wastewater within a
48 hour period or as .24 hours of the expimfien ef the 71 hAur
"food sale p°nni*." If at any time the wastewater tank becomes full,the
operation shall be closed to allow for the transport and dumping of the
wastewater at the central preparation facility or commissary.
(I) Mobile food units must be located on a paved surface. and be-A4diin 200
(J)
(K) An affidavit showing proof of consent to locate on premises where the unit
will operate must be provided.
WORK. SESSION
* Review and discuss possible bus
route modifications to serve the
Delaware/Dowlen area and the
Social Security Office on Dishman
Road at Major
Drive