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HomeMy WebLinkAboutPACKET AUG 03 2004 V~ City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 3, 2004 1:30 P.M. CONSENT AGENDA Approval of minutes Con=' .ation of committee appointments Bob Harris would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire July 22, 2006. (Mayor Evelyn M. Lord) Mary Jowers would be reappointed to the Board of Adjustment (Zoning) Committee. The current terra would expire July 22, 2006. (Mayor Evelyn M. Lord) Carolyn Howard would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire January 7, 2006. (Councilmember Lulu Smith) Maria Morales would be appointed to the Drug Free Beaumont Commission. The term would commence August 3, 2004 and expire August 2, 2006. (Councilmember Becky Ames) A) Authorize the City Manager to amend the surface use agreement with the current operator of Holloway#1 well, CornerStone Energy, Inc. to allow the installation of a salt water disposal well adjacent to the existing Hofloway#1 well B) Approve a request to allocate CHDO Operating funds from the 2004 HOME Program to the Beaumont Community Housing Development Corporation(BCHDO) Q Approve a contract between the City of Beaumont and the Beaumont Community Housing Development Organization(BCHDO)relating to property acquisition A .l Cit y of Beaumont ~ MT ML Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 28, 2004 REQUESTED ACTION: Council authorize the City Manager to amend the surface use agreement with the current operator of Holloway #1 well, CornerStone Energy, Inc. to allow the installation of a salt water disposal well adjacent to the existing Holloway #1 well. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to amend the surface use agreement with the current operator of Holloway #1 well to allow the installation of a salt water disposal well adjacent to the existing well. BACKGROUND When the City acquired the land for the Constructed Wetlands (Cattail Marsh), the mineral rights were not apart of the sale. The owner of the mineral rights entered into a lease agreement with Esenjay Exploration,Inc. in 1999 to drill a well on the property. Additionally,the lessee,Esenjay, entered into a Surface Use Agreement with the City in February of 1999. The agreement allowed the company to use and maintain 2100 feet of an existing road and to construct a 500-foot board road to the 400-foot by 400-foot well site. The well site was reduced to two and one-half acres after the well began producing. In May of 1999, Esenjay requested approval of the City for the installation of a pipeline from the well site across City property. In consideration for the above, Esenjay paid the City$10,000 for the well site and$24,600 for the pipeline and production facilities. Additionally, if the well is still producing after eight years, Esenjay is to pay an annual rental of$1,000 to the City. The current operator of the well, CornerStone Energy, Inc. has requested the current surface use agreement be amended to allow the installation of a salt water disposal well adjacent to the existing well. In consideration for the amendment to the current agreement, CornerStone has agreed to pay the City $1,500. Cornerstone anticipates that the salt water disposal well will be located within the existing 2.5 acre site. However, if any of the proposed facilities are located outside of the 2.5 acre site, CornerStone will pay the City an annual rental of$400 per acre, or portion thereof, if the well is still producing after eight years. BUDGETARY IMPACT The City will receive $1,500 from ConerStone Energy, Inc. in consideration for the amendment to the surface use agreement. PREVIOUS ACTION The City entered into a surface use agreement with the original operator,Esenjay Exploration,Inc. in February 1999 and approved the installation of a pipeline and production facilities in May 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director ComerStoneEngergySurfaceUseAgreement.wpd July 28,2004 ~ B ..p.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Manager MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 27, 2004 REQUESTED ACTION: Council consider a request to allocate CHDO Operating funds from the 2004 HOME Program to the Beaumont Community Housing Development Corporation(BCHDO). RECOMMENDATION The Administration recommends allocating CHDO Operating funds in the amount of$41,966 from the 2004 HOME Program to the Beaumont Community Housing Development Corporation(BCHDO) for eligible operating costs. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization(BCHDO)for new housing construction in targeted neighborhoods and to provide home buyer assistance to low/moderate income families participating in the City's Affordable Housing Program. BUDGETARY IMPACT Funds are available from the 2004 HOME Program CHDO Operating funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Manager Attachment "A" Beaumont Community Housing Development Organization Operating Costs -2004 HOME CHDO Operating Funds Description Salaries Fringe Mileage/Phone Total Allowance Housing Counselor $24,000 $9,036 $1,800 $34,836 Other Administrative Costs* -2004 HOME CHDO Operating Funds Housing Counseling $7,130 Administrative Costs * Misc. administrative costs including supplies, equipment, utilities,postage, credit report services,payroll processing fees Page 2 c City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Janett Lewis, Housing Manager MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 27, 2004 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO). RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $41,750 to purchase property for the construction of ten new homes in the North End on Helbig Rd and Nelkin. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization(BCHDO)to provide affordable housing in targeted neighborhoods. BUDGETARY IMPACT Funding is available from the 2003 HOME Program. PREVIOUS ACTION Council has previously approved contracts with BCHDO which have enabled low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, Planning Manager, and Housing Manager. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 39 2004 130 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1--4/Consent Agenda Consent Agenda GENERAL BUSINESS I Consider approving an agreement with Cook Shaver Parker & Williams, P.C. for auditing services related to the 2004 fiscal year 2. Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) relating to the construction of nine homes 3. Consider approving a contract with the Beaumont Community Housing Development Organization(BCHDO) relating to the purchase of three scattered- site homes 4. Consider approving a contract for roof replacement at the Police Building COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pendfi-ig litigation in accordance with Section 551.071 of the Government Code: Perini Simonson, et at v City of Beaumont Douglas Manning, et at v City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrie at 880-3725 a day prior to the meeting. I August 3,2004 Consider approving an agreement with Cook Shaver Parker& Williams, P.C. for auditing services related to the 2004 fiscal year Lue-i City of Beaumont w Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant,Finance Officer MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 28, 2004 REQUESTED ACTION: Council approval of an agreement with Cook Shaver Parker& Williams,P.C. for auditing services related to the 2004 fiscal year. RECOMMENDATION Administration recommends approving an agreement with Cook Shaver Parker&Williams,P.C.for auditing services related to the 2004 fiscal year.The Beaumont City Charter states"no auditor or firm ofauditors shall serve as auditor for the City ofBeaumont for more than four successive years."This will be the second consecutive year that Cook Shaver Parker & Williams has been appointed as auditor for the City,and therefore,they will be eligible to serve for fiscal years 2005 and 2006 as well. BACKGROUND Interim work is scheduled to begin in September 2004, and the financial auditing reports will be completed prior to January 25, 2005. The agreement is attached for your review. BUDGETARY IMPACT The contract amount including expenses will not be greater than$62,550,which is the same as in last year's contract. Funds will be available in the FY 2005 budget for this expenditure. PREVIOUS ACTION Council approved an agreement with Cook Shaver Parker& Williams, P.C. on July 22, 2003 for auditing services related to the 2003 fiscal year,with an option to renew annually for a period ofthree additional years. SUBSEQUENT ACTION Done. RECOMMENDED BY City Manager and Finance Officer, THE STATE OF TEXAS § COUNTY OF JEFFERSON § Professional Services Contract This Professional Services contract("Contract"} is hereby entered into on this day of August,2004 and effective immediately by and between Cook Shaver Parker&Williams, P.C. ("Contractor") and the City of Beaumont ("City"), a municipal corporation located in Jefferson County, Texas acting by and through its City Manager or his/her designee. WITNESSETH: That in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: 1. Description of Work For the consideration hereinafter agreed to be paid to Contractor by City,Contractor will conduct an independent audit of the funds and account groups of the City for the fiscal year(s) ending September 30, 2004 and other related services ("services") as described in Contractor's proposal. The services are to conform in every respect to this Contract and the following documents: • City Request for Proposal (RFP); and • Contractor's Proposal ("Proposal") to the RFP. All documents referred to above are incorporated herein as if written word for word. In the case of conflict in the language of any of the documents listed above and this Contract,the terms and conditions of this Contract shall be final and binding on all parties. In the case of conflict in the language of the RFP and Proposal, the terms and conditions of the RFP shall be final and binding on all parties. 11. Term This Contract shall commence on the day and year first written above and will terminate on the issuance of internal control recommendation letters or March 2, 2005, whichever occurs first in accordance with the Proposal. This Contract may be extended on a year to year basis, for a period not to exceed two (2) additional years, upon mutual consent of City and Contractor. If Contractor desires to extend this Contract beyond the initial term, Contractor shall request such extension sixty (60) days prior to the expiration of the initial term or any extension thereof. Fees will be as follows: 1 Financial and Out-of- Fiscai Comprehensive Pocket Year Audit Fee Expenses Total Fee 2003 $ 61,800 $ 750 $ 62,550 2004 $ 61,800 $ 750 $ 62,550 2005 $ 61,800 $ 750 $ 62,550 2006 $ 61,800 _ $ 750 $ 62,550 Total payment to Contractor will not exceed the amount specified above for each fiscal period, unless other conditions necessitate additional services which must be authorized in advance by the City Manager. Contractor's charges for services are not to exceed similar charges of Contractor for comparable services to other clients. Contractor will submit periodic billings for services rendered on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with Contractor's dollar cost bid proposal. Interim billings shall cover a period of not less than a month. Ten percent(10%)will be withheld from each billing pending delivery of Contractor's final reports. No interest shall ever be due on late payments. Payments to Contractor will be in the amount shown by the monthly statement and other documentation submitted and shall be subject to the approval of the Finance Officer. City shall not be liable under this Contract for any services which are unsatisfactory or which have not been approved by City. Contractor will not be entitled to reimbursement for expenses incurred in accordance with this Contract unless Contractor has obtained the prior written consent of City to incur such expenses. For services not included in this Contract, it is agreed between City and Contractor that a separate agreement shall be entered into to cover such additional services. Any and all charges made to City other than those specified in this Contract shall be fully explained in a signed written document delivered to the Finance Officer prior to incurring any charge or fee in excess of the amount stated in this Contract. Such written explanations shall include, but not be limited to: • nature of the additional charge, • basis of such charge, • hours, • persons involved, • hourly rate, • costs incurred, and • statement that services provided were not included in basic Contract. Any out-of-pocket expenses will require approval of the Finance Officer.Contractor will not incur such expenses until written approval is obtained from the Finance Officer. 2 Contractor and City recognize that the continuation of any contract after the close of any given fiscal year, which ends September 30 each year, of City shall be subject to the approval of the City Manager. Ill. Scope of Services Contractor agrees to provide the services under this Contract in accordance with generally accepted auditing standards (GAAS) and to perform the services to the highest professional standards. IV. City's Responsibilities City agrees to: • Have City accounting staff provide necessary prepared-by-client working papers normally required for the annual audit and locate and reproduce documents necessary to the audit. • Provide adequate work space and physical facilities needed to complete services. V. Staff Requirements Contractor agrees that staff assigned to City's audit shall contain at least one (1) person with two(2) or more years of governmental auditing experience. This person shall be at a senior or higher level. There shall be at least one(1)additional person that has completed a minimum of one(1)full year in governmental auditing. Staff provided on site at City will be computer literate and knowledgeable of spreadsheet software. VI. Schedule A. Contractor agrees to meet the following time deadlines for each fiscal period: 1. All working papers to be prepared by City must be submitted, by written list, to City on or before September 30 of each year together with adequate written explanatory detail as to the purpose of the working papers as well as the methodology to be used in preparing such working papers and agreed-upon timing. 2. Preliminary audit work conducted prior to year-end closing may be scheduled by Contractor at a mutually agreeable time and date. 3. gear-end fieldwork must begin by December 1. 4. Audit fieldwork must be completed by December 31. 3 5. Year-end audit adjustments and trial balances are to be submitted to City no later than January 10. 6. The completed CAFR and Single Audit Report must be submitted by January 25, 2005. 7. The management letter shall be submitted no more than thirty(30)calendar days after submission of the CAFR or no later than March 2, whichever is earlier. 8. Copies of all working papers or schedules shall be maintained by the Contractor for the latter of five (5) years after acceptance by Council and all relevant federal and state agencies or the time period required by any funding sources. B. The audit shall not be considered complete until the relevant federal and state agencies have approved the audit plan and accepted the single audit report in writing. VII. Termination It is agreed and fully understood that City may, at its option and without prejudice to any other remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty(30) days written notice to Contractor with the understanding that immediately upon receipt of said notice, all work being performed thereunder shall cease. Contractor shall be compensated in accordance with the terms of this Contract for all services performed through the date of receipt of notice provided that City shall not be obligated to pay for any work which is unsatisfactory or not submitted in compliance with the terms of this Contract. Contractor shall deliver all original source documents belonging to City immediately after notice of termination of this Contract has been received by Contractor. Vlll. Ownership of Documents All original source documents given to Contractor under this Contract are the sole property of City and shall be delivered to City without restriction on future use. IX. Confidential Work No reports, information, project evaluation, data, or any other documentation developed by, given to, prepared by, or assembled by Contractor under this Contract shall be disclosed or made available to any individual or organization by Contractor without the express prior written approval of City. 4 X. Contractor's Liability Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the responsibility and liability of Contractor, its employees, agents, or associates for the accuracy and competency of their reports, information, and other documents or services; nor shall acceptance or approval be deemed to be the assumption of such responsibility by City for any defect, error, or omission in the documents prepared by Contractor, its employees, agents, or associates. XI. Nondiscrimination As a condition of this Contract, Contractor covenants that contractor will take all necessary actions to insure that, in connection with any work under this Contract, Contractor, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, ancestry, place of birth, or disability, either directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder place of birth, or disability, either directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder for a minimum period of five(5)years from the final Contract completion, with full access allowed to authorized representatives of City,upon request,for purposes of evaluating compliance with this and other provisions of the Contract. XII. Notices All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for City, mail to: Max S. Duplant, CPA Finance officer City of Beaumont P. 0. Box 3827 Beaumont, TX 77704-3827 or deliver to: Max S. Duplant, CPA Finance officer Beaumont City Ball 801 Main Street, Room 320 Beaumont, TX 77701 5 If intended for Contractor, mail to: Ted J. Williams Cook Shaver Parker&Williams P.C. P. Q. Box 7343 Beaumont, Texas 77726-7343 XIII. Applicable Law This Contract is entered into subject to the Charter and ordinances of City as they may be amended from time to time and is subject to and is to be construed, governed, and enforced under all applicable federal and state laws. Contractor will make any and all reports required by federal, state, or local law, including but not limited to, proper reporting to Internal Revenue Service,as required in accordance with the Contractor's income. Situs of this Contract is agreed to be Jefferson County, Texas for all purposes including performance and execution. XIV. Severability If any of the terms, provisions, covenants, or conditions of this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Contract.All provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Any other provisions of this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. XV. Default If at any time during the term of this Contract, Contractor shall fail to commence work, in accordance with the provisions of this Contract,fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this Contract, fail to use adequate number or quality of personnel to complete the work, or fail to perform any of its obligations under this Contract, then City shall have the right, if Contractor shall not cure any such default afterfifteen(15)days written notice thereof,to terminate this Contract and complete the work in the manner it deems desirable, including engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any right or remedy of City. If, after exercising any such remedy,the cost to City of the performance of the balance of the work is in excess of that part of the Contract sum which has not theretofore been paid to Contractor thereunder, Contractor shall be liable for and shall reimburse City for such expenses. 6 XVI. Monies Withheld When City has reasonable grounds for believing that Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance, or that meritorious claim exists or will exist against Contractor or City arising out of the negligence, error, or omission of Contractor or Contractor's breach of any provision of this Contract, then City may withhold payment of any amount otherwise due to Contractor under this Contract. Any amount so withheld may be retained by City for that period as it may deem advisable to protect City against any loss. City may, after written notice to Contractor, apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of City and no other person or entity shall have any right against City or claim against City by reason of City's failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City. XVII. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless City,its officers,agents, and employees from any and all damages, loss or liability of any kind whatsoever by reason of death or injury to property to third persons caused by negligent act, error, or omission of Contractor, its officers, agents, employees, invitees, or other persons for whom Contractor is legally liable with regard to the performance of this Contract. Contractor will,at its own expense, defend, pay on behalf of and protect City, its officers, agents, and employees against any and all such claims and demands. XVIII. Insurance A. Contractor shall at Contractor's own expense, purchase and keep in force during the term of this Contract such insurance as set forth below. Contractor shall not commence work under this Contract until Contractor has obtained all insurance required and such insurance has been approved by City.All insurance policies provided under this Contract shall be written on an "occurrence basis" unless otherwise indicated. The insurance requirements shall remain in effect throughout the term of this Contract. 1. Professional liability insurance - including contractual liability in an amount not less than $500,000 2. Commercial general liability insurance - $500,000 combined single limit per occurrence for bodily injury, personal injury, and property damage; this policy shall have no coverages removed by exclusion 3. Automobile liability-$500,000 combined single limit per accident for bodily injury and property damage; coverage should be provided as a "Code 1", any auto 4. Workers compensation and employers' liability - employer's liability policy limits of $100,000 for each accident, $500,000 disease policy limit 7 B. Other insurance provisions 1. City shall be named as an additional insured on the commercial general liability and automobile liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. 2. Should professional liability coverage be provided on a"claims-made"form,Contractor must maintain this policy for a period of four(4)years after completion of this Contract or purchase extended reporting period or"tail' coverage. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to City. 4. Insurance is to be placed with insurers with a Best rating of no less than "AMI". The company must also be duly authorized to transact business in the state of Texas. 5. Workers compensation and employer's liability coverage-The insurer shall agree to waive all rights of subrogation against City, its officials, employees,and volunteers for losses arising from the activities under this Contract. 6. Certificates of insurance completed on the Accord form only and endorsements effecting coverage required by this clause Shall be forwarded to: Rose Ann Jones City Clerk City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 XIX. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein granted by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given thereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. 8 XX. Independent Contractor Contractor covenants and agrees that he/she is an independent contractor and not an officer, agent, servant,or employee of City;that Contractor shall have exclusive control of and exclusive right to control the details of the work performed thereunder and all persons performing same shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors,and consultants;the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors, and consultants; and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XXI. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral, written, previous, and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. XXII. Successors and Assigns City and Contractor each bind themselves, their successors, executors, administrators, and assigns to the other party to this Contract. Neither City nor Contractor will assign, sublet, subcontract, or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of City. XXIII. Non-Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions thereof. XXV. Changes City may,from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed by and between City and Contractor shall be incorporated by written modification to this Contract. 9 XXVI. Performance of Services Contractor, its associates, and employees shall perform all services called for in this Contract. Contractor covenants and agrees that all of its associates and employees who work on the engagement shall be fully qualified to undertake same and competent to perform the services described in this Contract. XXVII. Conflict of Interest Contractor covenants and agrees that Contractor, its associates, and employees will have no interest, and will acquire no interest either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by Contractor pursuant to this Contract will be conducted by employees, associates, or subcontractors of Contractor. XXVIII. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties(City and Contractor) specifically agree and contract that: 1. The Contract only affects matterstdisputes between the parties to this Contract and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Contractor or both; and 2. The terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor. XXIX. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Beaumont, Texas and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Jefferson County, Texas. XXX_ Procurement of Goods/Services from Beaumont Businesses and/or Historically Underutilized Businesses In performing this Contract,Contractor agrees to use diligent efforts to purchase goods/services from Beaumont businesses whenever such goods/services are comparable in quality and price. 10 As a matter of policy with respect to City contracts and procurements, City also encourages the use, if applicable, of qualified contractors,subcontractors, and suppliers where at least fifty-one percent(51%)of the ownership of such contractor, subcontractor, or supplier is vested in ethnic minorities or women. In the selection of subcontractors, suppliers, or other persons in organizations proposed for work on this Contract, the Contractor agrees to consider this policy and to use its reasonable and best efforts to select and employ such company or persons for work on this Contract. In witness whereof, the parties hereunto set their hands by their representatives duly authorized on this day and year first written above. CONTRACTOR CITY OF BEAUMONT By Signature Kyle Hayes, City Manager Ted J. Williams Attest: Printed/Typed Name Shareholder Printed/typed Title Rose Ann Jones, City Clerk Tax Identification Number Witness: 11 THE STATE OF TEXAS § COUNTY OF JEFFERSON § Contractor Acknowledgment Before me, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of , as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 200 Notary Public in and for the State of Texas Commission expires Notary's printed name THE STATE OF TEXAS § COUNTY OF JEFFERSON § City Acknowledgment Before me, a Notary Public in and for the State of Texas, on this day personally appeared _ , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of said City of Beaumont, Texas, a municipal corporation of the State of Texas, Jefferson County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 200 Notary Public in and for the State of Texas Commission expires Notary's printed name 12 2 August 3,2004 Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization(BCHDO) relating to the construction of nine homes City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Manager MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 26, 2004 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO). RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $402,750 for costs associated with the construction of nine new homes on scattered sites identified in "Attachment A", and for assistance with down payment/closing costs and developer's fees. Homebuyer assistance provided will be based upon the subsidy actually needed in order for the buyer to secure a mortgage,not to exceed$20,000. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization(BCHDO)to provide affordable housing in targeted neighborhoods. BUDGETARY IMPACT Funding is available from the 2000 ($17,044), 2001 ($141,860), 2002 ($43,459) and 2003 HOME Programs($200,387). PREVIOUS ACTION Council has previously approved contracts with BCHDO using HOME funds which have enabled low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, Planning Manager, Housing Manager. Attachment "A" Beaumont Community Housing Development Organization Development Subsid -2000 2001 2002 and 2003 HOME CHDO Reserve Funds Property Development Down Payment Closing Developer's Total Address Subsidy Assistance Costs Fee (up to; based on actual need) 1935 May $13,250 $20,000 $6,500 $5,000 $44,750 Lou St $13,250 $20,000 $6,500 $5,000 $44,750 Buffalo St $13,250 $20,000 $6,500 $5,000 $44,750 2378 Goliad $13,250 $20,000 $6,500 $5,000 $44,750 2398 Goliad $13,250 $20,000 $6,500 $5,000 $44,750 Bowen Dr Lot 1 $13,250 $20,000 $6,500 $5,000 $44,750 Bowen Dr Lot 2 $13,250 $20,000 $6,500 $5,000 $44,750 Bowen Dr Lot 3 $13,250 $20,000 $6,500 $5,000 $44,750 3975 El Paso $13,250 $20,000 $6,500 $5,000 $44,750 Total $119,250 $180,000 $58,500 $45,000 $402,750 3 August 3,2004 Consider approving a contract with the Beaumont Community Housing Development Organization(BCHDO) relating to the purchase of three scattered-site homes 701.1 ce of Beaumont Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Manager MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 27, 2004 REQUESTED ACTION: Council consider approving a contract with the Beaumont Community Housing Development Organization(BCHDO). RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization(BCHDO) in the amount of$222,750 for the purchase of three pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. BACKGROUND The Beaumont Community Housing Development Organization(BCHDO) successfully built three homes as lease-purchase properties under a prior contract.These properties were conveyed to the lessors within 12 months. BUDGETARY IMPACT Funding is available from the 2003 HOME Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Manager Attachment "A" Beaumont Community Development Housing Organization Ac uisition of Pre-existing Homes for Lease-Purchase* - 2003 HOME Funds Unit Purchase Appraisal Survey Home/Pest Make-Ready Total Price Inspection Repairs House#1 $68,000.00 $400.00 $350.00 $500.00 $5,000.00 $74,250.00 House#2 $68,000.00 $400.00 $350.00 $500.00 $5,000.00 $74,250.00 House#3 $68,000.00 $400.00 $350.00 $500.00 $5,000.00 $74,250.00 Total $204,000.00 $1,200.00 $1,050.00 $1,500.00 $15,000.00 $222,750.00 * As per federal regulations, lease-purchase homes must be purchased by a homebuyer within 36 months of signing the lease-purchase agreement and the homebuyer must qualify as a low-income family at the time the lease-purchase agreement is signed. 4 August 3,2004 Consider approving a contract for roof replacement at the Police Building Cit y of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 3, 2004 AGENDA MEMO DATE: July 30, 2004 REQUESTED ACTION: Council consider award of a contract for roof replacement at the Police Building. RECOMMENDATION Administration recommends awarding a contract for furnishing all labor, supplies, materials and equipment to Liberty County Roofing, Inc. of Hardin, Texas in the amount of$89,510. BACKGROUND Three (3) proposals were received on July 22, 2004 for the replacement of the roof at the Police building located at 255 College Street. The existing roof,replaced in 1988,has failed in several areas and this failure has caused considerable damage to the interior finishes of the building. Depressed areas in the roof resulted in water retention which accelerated the roof s failure. The new 40 mil single ply membrane system specified will be installed over the existing roof. The new system will provide proper drainage for all roof areas, eliminate the water intrusion problem, reduce maintenance and protect the structural integrity of the building. Companies submitting bids for this roof system are as follow: Roof Replacement July 28, 2004 Page 2 Vendor Price Completion Time Liberty County Roofing $89,510 30 days Hardin, TX Jaco Construction $96,030 120 days Clute, TX Brazos Roofing International $139,388 90 days Waco, TX The system specified is warranted for twenty (20) years. Installation of the roof is expected to commence by mid August and be completed by the end of September. BUDGETARYIMPACT Funds for this project are available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director.