HomeMy WebLinkAboutPACKET NOV 7 2006 •
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 7, 2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve compensation for the City Manager
B) Approve compensation for the City Attorney
C) Authorize the City Manager to enter into a contract with the Center for Safe Communities
and Schools to participate in the Texas Tobacco Prevention Initiative Community Law
Enforcement Program
•
A
November 7, 2006
Approve compensation for the City Manager
The City Manager,Kyle Hayes,will receive a 3.5%increase to base wages which will be$12,118.13
per month. The City of Beaumont will make an annual contribution of$15,000 to the International
City/County Management Association's Deferred Compensation Program. The City Manager will
continue to receive a car allowance of$583.33 per month and a cell phone allowance of$30 per
month. All other benefits extended to civilian employees will continue to be provided as well. The
compensation will be effective on November 7, 2006.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT effective November 7, 2006, the base wages of the City Manager, Kyle Hayes, will
be $12,118.13 per month. A car allowance will be $583.33 per month. A cell phone
allowance will be $30 per month. The City of Beaumont will make an annual contribution
of $15,000 to the International City/County Management Association's Deferred
Compensation Program.
NOTWITHSTANDING the foregoing compensation and benefits, all other terms and
conditions of employment with the City of Beaumont shall be pursuant to City policy and
the Charter of the City of Beaumont, as with other civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
0 B
November 7,2006
Approve compensation for the City Attorney
The City Attorney, Tyrone Cooper, will receive a 3.5% increase to base wages which will be
$10,224.94 per month. The City of Beaumont will make an annual contribution of$15,000 to the
International City/County Management Association's Deferred Compensation Program. The City
Attorney will continue to receive a car allowance of$583.33 per month and a cell phone allowance
of$30 per month. All other benefits extended to civilian employees will continue to be provided as
well. The compensation will be effective on November 7, 2006.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT effective November 7, 2006,the base wages of the City Attorney, Tyrone E. Cooper,
will be $10,224.94 per month. A car allowance will be $583.33 per month. A cell phone
allowance will be $30 per month. The City of Beaumont will make an annual contribution
of $15,000 to the International City/County Management Association's Deferred
Compensation Program.
NOTWITHSTANDING the foregoing compensation and benefits, all other terms and
conditions of employment with the City of Beaumont shall be pursuant to City policy and
the Charter of the City of Beaumont, as with other civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
C
MAW
.. City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: October 19, 2006
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a contract with the Center for Safe Communities and
Schools to participate in the Texas Tobacco Prevention
Initiative Community Law Enforcement Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to enter into a contract with the
Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention
Initiative Community Law Enforcement Program.
BACKGROUND
The Beaumont Police Department has participated in the Texas Tobacco Prevention Initiative
Community Law Enforcement Program for the past 5 years. This program targets establishments
that sell tobacco to minors through inspections and controlled buys. These efforts have resulted in
increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the
area and statewide. These programs are required for the State of Texas to continue receiving
certain types of federal funding which is based upon statewide tobacco law compliance.
BUDGETARY IMPACT
An additional $7000 in funding for tobacco law compliance enforcement with no cash match.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Chief of Police
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with the
Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention
Initiative Community Law Enforcement Program. The contract is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
�Q.`tE Off,
x y CENTER FOR SAFE COMMUNITIES & SCHOOLS
H � �
_ TEXAS STATE UNIVERSITY-San Marcos
FY2007
CONTRACTOR INFORMATION
1) AGENCY NAME: City of Beaumont
1a) DEPARTMENT NAME: Beaumont Police Department
2) MAILING Address Information (include mailing address, street, city, county, state and zip code):
255 College
Beaumont, Texas 77701
3) PAYEE Mailing Address (if different from above):
4) Federal Tax ID No. (9 digit) or State of Texas Comptroller Vendor ID No.
74-6000278
5) TYPE OF ENTITY (check all that apply):
X City ❑ Community-Based Organization
❑County ❑ Individual
❑ Nonprofit Organization ❑ School District
❑ For Profit Organization ❑ Other (specify):
6) PROPOSED CONTRACT PERIOD: Start Date: End Date:
October 16, 2006 Au ust 31, 2007
7) COUNTIES/AREA SERVED:
Cit of Beaumont
8) AMOUNT OF CONTRACT:
9) PROJECT CONTACT PERSON $7,000
10) FINANCIAL OFFICER
Name: Lt. Jeffery Skinner Name: A(ctX Dvpjq,.f-
Phone: 409.880.3801
Address: B o l f
Fax: 409.880.3844 tr)a;r Bea,.,wi,.r-�� X 77�0
E-mail: iskinner(cD-ci.beaumont tx us Fax:q-vq Phone: g. 490.3112-
moo• 3X69
11) AUTHORIZED REPRESENTATIVE E-mail: m u IGn-�@G. ` a Uq+,-
, �S
Name: )(y It H4 y e s 12) SIGNATURE OF AUTHORIZED REPRESNTATIVE
Address: gol AA►n 13"VjAt,,v\*j_FX7-»o1
40 Phone: ¢o?, $80 - 371( 13) DATE
Fax: '1V5 . t8V 3ri.:2_ I
E-mail: kAA eS 0 c�. beAtAwty k� �S
EXHIBIT "A"
AGREEMENT BETWEEN UNIVERSITY AND CONTRACTOR
This Agreement between University and Contractor ("Agreement") is made and entered
into effective as of October 16. 2006 (the "Effective Date"), by and between Texas State
University-San Marcos, an agency and institution of higher education organized under the laws
of the State of Texas ("University"), and City of Beaumont (Police Department) ("Contractor").
University and Contractor hereby agree as follows:
1. Scope of Work.
a. The scope of the work ("Work") is set forth in Exhibit A attached and incorporated
for all purposes. The schedule ("Schedule") for the Work is set forth in Exhibit B
attached and incorporated for all purposes.
b. Upon execution of this Agreement, all services previously performed by Contractor
on behalf of University and included in the description of the Work, shall become a
part of the Work and shall be subject to the terms and conditions hereof.
C. Contractor shall obtain and make payment for any and all approvals, licenses,
filings, registrations and permits required by federal, state or local law for the
performance of the Work.
d. If the Work includes providing any designs, drawings, specifications or information
of any kind ("Work Product") for the use of others in the preparation, construction,
manufacture, fabrication, installation, or purchase of any items described by the
Work Product, then Contractor and University shall mutually agree on a cost for
such items ("Budget") prior to the commencement of the Work if such items are
not included in the Contract Amount (defined in Exhibit C). The performance of
the Work by Contractor shall be responsive to and in conformance with the
Budget. If the costs, as bid or negotiated, exceed the Budget, University shall
have the option to:
(1) authorize an increase in the Budget;
(2) authorize rebidding or negotiation;
(3) authorize revisions to the Work Product at no additional cost to University.
If University selects option (3), Contractor will without additional compensation and
in a prompt and timely manner, revise its Work Product to achieve a cost that is
within the Budget. The foregoing shall be in addition to, and not in lieu of, any
remedies that University may have at law or in equity.
e. University shall provide Contractor with a program ("Program") which includes
University's requirements for the Work or for work by others which utilizes
Contractor's Work Product. The Program may be a series of documents or other
communications. Contractor shall, at all times, conform its Work to the
requirements of the Program and to any other requirements of University.
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2. The Proiect.
The Work, as more particularly set forth in Exhibit A, shall be provided in connection with
the department's request and all other related, necessary and appropriate services (the
"Project").
3. Time for Commencement and Completion.
The term of this Agreement shall commence on the Effective Date and terminate upon
August 31, 2007.
It is understood that time is of the essence with regard to this Agreement and that
Contractor shall complete all authorized Work to the satisfaction of University in
accordance with the Program and the Schedule, and in a minimum of time consistent with
the highest customs, standards, and practices of Contractor's business or profession.
University shall have no obligation to accept late performance or to waive timely
performance by Contractor.
4. Contractor's Duties and Representations.
a. Notwithstanding anything to the contrary contained in this Agreement, University
and Contractor agree and acknowledge that University is entering into this
Agreement in reliance on Contractor's special and unique knowledge and abilities
with respect to performing the Work. Contractor accepts the relationship of trust
and confidence established between it and University by this Agreement.
Contractor covenants with University to use its best efforts, skill, judgment, and
abilities to perform the Work and to further the interests of University in accordance
with University's requirements and procedures, in accordance with the highest
standards of Contractor's profession or business and in compliance with all
applicable national, federal, state and municipal, laws, regulations, codes,
ordinances and orders and with those of any other body or authority having
jurisdiction. Contractor warrants, represents, covenants, and agrees that there are
no obligations, commitments, or impediments of any kind that will limit or prevent
performance of the Work.
b. Contractor warrants, represents, covenants, and agrees that all of the Work to be
performed by Contractor under or pursuant to this Agreement shall be of the
standard and quality which prevail among similar businesses and organizations of
superior knowledge and skill engaged in providing similar services in major United
States urban areas under the same or similar circumstances and involving an
undertaking such as the Project.
C. Contractor warrants, represents, covenants, and agrees that the Work will be
accurate and free from any material errors. Contractor's duties as set forth herein
shall at no time be in any way diminished by reason of any approval by University
nor shall Contractor be released from any liability by reason of such approval by
University, it being understood that University at all times is ultimately relying upon
Contractor's skill and knowledge in performing the Work.
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d. Contractor warrants, represents, covenants, and agrees g to maintain a staff of
properly trained and experienced personnel to ensure satisfactory performance
under this Agreement. The Contractor warrants, represents, covenants, and
agrees that all persons connected with the Contractor directly in charge of the
Work are duly registered and/or licensed under the laws, rules and regulations of
any authority having jurisdiction, if so required by such laws, rules and regulations.
Contractor shall assign to University a designated representative who shall be
responsible for the administration and coordination of the Work. Contractor
represents and agrees to furnish efficient business administration and coordination
and perform the Work in an expeditious and economical manner consistent with
the interests of University.
e. Contractor warrants, represents, covenants, and agrees to call to University's
attention all information in any reports, studies, plans, drawings, specifications,
lists, computations, art work, sketches, models, data, photographs, tapes,
renderings, publications, instructions, information, requirements, procedures and
all other documentation and materials supplied to Contractor (by University or any,
other party) which it regards in its opinion as unsuitable, improper or inaccurate in
connection with the purposes for which such documentation or material is
furnished. Nothing shall excuse or detract from Contractor's responsibilities or
obligations hereunder in a case where such documentation or material is
furnished, unless Contractor advises University in writing that in its opinion such
documentation or material and any requests made therein for action are
unsuitable, improper or inaccurate and University confirms in writing that it wishes
Contractor to proceed in accordance with the documentation and material as
originally given.
f. Contractor warrants, represents, covenants and agrees that it shall, at its own cost,
correct any defects in the Work as soon as is practical after Contractor becomes
aware of such defects or is notified of such defects. Should Contractor refuse or
neglect to make good such defects within a reasonable time after receiving notice
requesting such remedial work, then University,shall be entitled to make good such
defective Work at the expense of Contractor. This commitment by Contractor is in
addition to, and not in substitution for, any other remedy for defective Work which
University may have at law or in equity.
g. Contractor warrants, represents, and agrees that if (i) it is a corporation or limited
liability company, then it is a corporation duly organized, validly existing and in
good standing under the laws of the State of Texas, or a foreign corporation or
limited liability company duly authorized and in good standing to conduct business
in the State of Texas,that it has all necessary corporate power and has received
all necessary corporate approvals to execute and deliver the Agreement, and the
individual executing the Agreement on behalf of Contractor has been duly
authorized to act for and bind Contractor; or a if it is a partnership, limited
partnership, or limited liability partnership, then it has all necessary partnership
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power, and has secured all necessary approvals to execute and deliver this
Agreement and perform all its obligations hereunder; and the individual executing
this Agreement on behalf of Contractor has been duly authorized to act for and
bind Contractor.
h. Neither the execution and delivery of this. Agreement by Contractor nor the
performance of its obligation hereunder will result in the violation of any provision, if
a corporation, of Contractor's articles of incorporation or by-laws, if a limited liability
company, of its articles of organization or regulations, or if a partnership, by any
partnership agreement by which Contractor is bound, or any agreement by which
Contractor is bound or to the best of Contractor's knowledge and belief will conflict
with any order or decree of any court or governmental instrumentality relating to
Contractor.
i. Except for the obligation.of University to pay Contractor certain fees and expenses
pursuant to the terms of this Agreement, University shall have no liability to
Contractor or to anyone claiming through or under Contractor by reason of the
execution or performance of this Agreement. Notwithstanding any obligation or
liability of University to Contractor, no present. or future partner or affiliate of
University or any agent, officer, director, employee, or regent of University, The
Texas State University System, or of the components comprising The Texas State
University System, or anyone claiming under University has or shall have any
personal liability to Contractor or to anyone claiming through or under Contractor
by reason of the execution or performance of this Agreement.
5. The Contract Amount.
a. So long as Contractor has provided University with its current and accurate Federal
Tax Identification Number in writing, University shall pay Contractor in current
funds for the performance of the Work, subject to adjustments, additional services
and reimbursable expenses, if any, as set forth in Exhibit C.
b. The Contract Amount includes any applicable federal, state or local sales or use
tax payable on this transaction.
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6. Payment Terms.
a. Prior to ten (10) days before the end of each calendar month during the term of
this Agreement, Contractor shall submit to University an application for payment
(each a "Progress Payment") covering the services performed for University to that
date, in accordance with Exhibit C, which application shall be accompanied by lien
waivers and other forms, statements, invoices, and payroll reports that University
may reasonably require to support the amount requested and to be submitted.
University will, within thirty (30) days from the date it receives such application and
supporting documentation for payment, approve or disapprove the amount
reflected in such application and if University approves such amount or any portion
of such amount, it shall promptly pay to Contractor the amount so approved,
provided Contractor is not in breach of or in default under this Agreement. If
University disapproves any amount requested by Contractor, University shall give
Contractor specific reasons for its disapproval in writing.
b. The cumulative amounts of all Progress Payments and the Final Payment (defined
below) shall not exceed the Contract Amount as more particularly set forth in
Exhibit C.
C. Within ten (10) days after final completion of the Work and acceptance thereof by.
University or as soon thereafter as possible, Contractor shall submit a final request
("Final Request") which shall set forth all amounts due and remaining unpaid to
Contractor and upon approval thereof by University, University shall pay ("Final
Payment") to Contractor the amount due under such Final Request.
d. Any provision hereof to the contrary notwithstanding, University shall not be
obligated to make any payment (whether a Progress Payment or Final Payment) to
Contractor hereunder if any one or more of the following conditions precedent
exist:
(1) Contractor is in breach or default under this Agreement; or
(2) Any part of such payment is attributable to Work which is not performed in
accordance with this Agreement; provided, however, such payment shall
be made as to the part thereof attributable to Work which is performed in
accordance with this Agreement.
e. No partial payment made hereunder shall be or construed to be final acceptance
or approval of that part of the Work to which such partial payment relates or relieve
Contractor of any of its obligations hereunder with respect thereto.
f. The acceptance of Final Payment shall constitute a waiver of all claims by
Contractor except those previously made in writing and identified by Contractor as
unsettled at the time of the Final Request for payment.
g. University shall have the right to verify the details set forth in Contractor's billings,
certificates, and statements, either before or after payment therefor, by (1)
inspecting the books and records of Contractor at mutually convenient times; (2)
5
examining any reports with respect to the Project; (3) interviewing Contractor's
employees; (4) visiting any place where performance of all or a portion of the
Project occurs; and (5) other reasonable action.
7. Ownership and Use of Documents.
a. All drawings, specifications, computations, sketches, data, photographs, tapes,
renderings, models, publications, and other materials particular to the Work
prepared by Contractor or Contractor's contractors and subcontractors ("Work
Material"), are the property of University and for its exclusive use and re-use at any
time without further compensation and without any restrictions.
b. Except for such Work Material which is intended to be made public as part of the
Project, Contractor shall treat all such Work Material as confidential, and
Contractor shall neither use any such Work Material or copies thereof on other
work nor disclose such material or information to any other party without
University's prior written approval.
8. Default and Termination.
a. In the event of a material failure by a party hereunder to perform in accordance
with the terms hereof, the other party may terminate this Agreement upon fifteen
(15) days' written notice of termination setting forth the.nature of the failure (the
termination shall not be effective if the failure is fully cured prior to the end of the
fifteen-day period), provided that, said failure is through no fault of the terminating
party.
b. University may, without cause, terminate this Agreement at any time upon giving
seven (7) days' advance notice to Contractor. Upon termination pursuant to this
Section, Contractor shall be entitled to payment of such amount as shall
compensate Contractor for the services satisfactorily performed from the time of
the last payment date to the termination date in accordance with this Agreement,
provided that, Contractor shall have delivered to University such statements,
accounts, reports and other materials as required by Section 8.d., and provided
that, Contractor shall have delivered to University all reports, documents and other
materials prepared by Contractor prior to the termination date. Notwithstanding
any provision in this Agreement to the contrary, University shall not be required to
pay or reimburse Contractor for any services performed or expenses incurred by
Contractor after the date of the termination notice which could have been avoided
or mitigated by Contractor.
C. Termination under Sections 8.a. or 8.b. shall not relieve Contractor or any of its
employees from liability for violations of this Agreement or any other act or
omission of Contractor. The provisions of Sections 6.g., 9., 12.m., and 12.p. shall
survive the termination of this Agreement. In. the event of a termination under
Sections 8.a. or 8.b., Contractor hereby consents to employment by University of a
substitute contractor to complete the Work under this Agreement, with the
substitute contractor having all rights and privileges of the original contractor for
6
the Project. If Contractor is terminated pursuant to Section 8.a., and the cost to
complete the Work exceeds the remaining balance of the Contract Amount as
more particularly set forth in Exhibit C, then Contractor shall be liable to University
and shall reimburse University on demand for the amount of such excess.
d. As of the termination date of this Agreement, Contractor shall furnish to University
all statements, accounts, reports, and other materials as are required hereunder or
as have been prepared by Contractor in connection with its responsibilities
hereunder. University shall have the right to use the ideas and designs therein
contained for the completion of the Work or otherwise. In the event of termination
of this Agreement or upon completion of the Work, University may, at all times,
retain the originals of all such lists, publications, data, drawings, originals of
renderings, special art work, or models. All such lists, publications, data, drawings,
plans, specifications, renderings, models and other information are the property of
University as described in Section 12.m. of this Agreement. They are not to be
used by any person other than University on .other projects unless expressly
authorized by University in writing.
e. If Contractor fails to cure any default hereunder within fifteen (15) days after
receiving written notice of such default, University shall be entitled (but shall not be
obligated) to cure any such default and shall have the right to offset against all
amounts due to Contractor hereunder, any and all reasonable expenses incurred
in connection with such curative actions.
9. Indemnification.
a. TO THE FULLEST. EXTENT PERMITTED BY LAW, CONTRACTOR SHALL
AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND WITH
COUNSEL APPROVED BY UNIVERSITY, AND HOLD HARMLESS
UNIVERSITY AND THE TEXAS STATE UNIVERSITY SYSTEM, AND THEIR
RESPECTIVE AFFILIATED ENTERPRISES, REGENTS, OFFICERS,
DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND
AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL
DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS,
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND OTHER
CLAIMS OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY
"CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, CAUSED BY,
OR RESULTING FROM CONTRACTOR'S PERFORMANCE UNDER THIS
AGREEMENT AND WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY
NEGLIGENT ACT, NEGLIGENT OMISSION OR WILLFUL MISCONDUCT OF
CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
CONTRACTOR OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE
LIABLE. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED
TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT
WHICH ANY INDEMNITEE HAS BY LAW.
b. IN ADDITION, CONTRACTOR SHALL AND DOES HEREBY AGREE TO
INDEMNIFY, PROTECT, DEFEND WITH COUNSEL- APPROVED BY
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UNIVERSITY, AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST
ALL CLAIMS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT
OF ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY
INTEREST ARISING BY OR OUT OF THE PERFORMANCE OF SERVICES OR
THE PROVISION OF GOODS BY CONTRACTOR PURSUANT TO THIS
AGREEMENT, OR THE USE BY CONTRACTOR, OR BY INDEMNITEES AT
THE DIRECTION OF CONTRACTOR, OF ANY ARTICLE OR MATERIAL;
PROVIDED, THAT, UPON BECOMING AWARE OF A SUIT OR THREAT OF
SUIT FOR SUCH INFRINGEMENT, UNIVERSITY SHALL PROMPTLY NOTIFY
CONTRACTOR AND CONTRACTOR SHALL BE GIVEN FULL OPPORTUNITY
TO NEGOTIATE A SETTLEMENT. CONTRACTOR DOES NOT WARRANT
AGAINST INFRINGEMENT BY REASON OF UNIVERSITY'S DESIGN OF
ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER
MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF
LITIGATION, UNIVERSITY AGREES TO COOPERATE REASONABLY WITH
CONTRACTOR AND ALL PARTIES SHALL BE ENTITLED, IN CONNECTION
WITH. ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT
THEIR OWN EXPENSE.
C. The indemnities contained herein shall survive the termination of this Agreement
for any reason whatsoever.
10. Limitation of Liability;No Consequential Damages
a. Except with respect to any obligations pursuant to Section 9 or University's
compensation obligations set forth in the Agreement, neither party will have liability
relating to this Agreement in an amount that exceeds the fees Contractor will
receive from the University under this Agreement or for any special, consequential,
incidental or exemplary damages or loss (nor any lost profits, savings or business
opportunity).
11. Independent Contractor.
Contractor recognizes that it is engaged as an independent contractor and acknowledges
that University shall have no responsibility to provide vacation, insurance or other fringe
benefits normally associated with employee status. Contractor, in accordance with its
status as an independent contractor, covenants and agrees that it shall conduct itself
consistent with such status, that it will neither.hold itself out as nor claim to be an officer,
partner, employee or agent of University by reason hereof, and that it will not by reason
hereof make any claim, demand or application to or for any right or privilege applicable to
an officer, partner, employee or agent of University, including, but not limited to,
unemployment insurance benefits, social security coverage or retirement benefits.
Contractor hereby agrees to make its own arrangements for any of such benefits as it may
desire and agrees that it is responsible for all income taxes required by applicable law.
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12. Insurance.
a. Contractor, consistent with its status as an independent contractor, shall carry at
least the following insurance in such form, with such companies and in such
amounts (unless otherwise specified) as University may require:
(1) Director and Officer Liability Insurance with coverage of not less than One
Million Dollars ($1,000,000) on an occurrence basis;
(2) Workers' Compensation Insurance with statutory limits, and Employer's
Liability Insurance with limit of not less than One Million Dollars
($1,000,000) per accident or disease. Policies must include All States
Endorsement and a waiver of all rights of subrogation and other rights
against the University;
(3) Commercial General Liability insurance, including Blanket Contractual
Liability, Broad Form Property Damage, Personal and Advertising Injury,
Completed Operations/Products Liability, Medical Expenses, Interest of
Employees as additional. insureds and Broad Form General Liability
Endorsements, for at least One Million Dollars ($1,000,000) per occurrence
on an occurrence basis; and
(4) Comprehensive Automobile Liability insurance covering all owned,
non-owned or hired automobiles to be used by Contractor, with coverage
for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily
Injury and Property Damage.
b. Contractor shall deliver to University:
(1) Evidence satisfactory to University in its sole discretion, evidencing the
existence of all such insurance promptly after the execution and delivery
hereof and prior to the performance or continued performance of any
services to be performed by Contractor hereunder from or after the date of
this Agreement; and
(2) Additional evidence, satisfactory to University in its sole discretion, of the
continued existence of all such insurance not less than thirty (30)days prior
to the expiration of any such insurance. If, however, Contractor fails to pay
any of the renewal premiums for the expiring policies, University shall have
the right to make such payments and set-off the amount thereof against
the next payment coming due to Contractor under this Agreement.
Such insurance policies, with the exception of Workers' Compensation and
Employer's Liability, shall name and such evidence shall reflect University as an
Additional Insured and shall provide that the policies will not be canceled until after
thirty (30) days' unconditional written notice to University, giving University the right
to pay the premium to maintain coverage, in which event Section 11.b.(2) shall
apply.
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C. The insurance policies required in this Agreement shall be kept in force for the
periods specified below:
(1) Director and Officer Liability Insurance, Employer's Liability Insurance,
Commercial General Liability Insurance and Comprehensive Automobile
Liability Insurance shall be kept in force until receipt of Final Payment by
Contractor; and
(2) Workers' Compensation Insurance shall be kept in force until the Work has
been fully performed and accepted by University in writing.
13. Miscellaneous.
a. Assignment. This Agreement is a personal service contract for the services of
Contractor, and Contractor's interest. in this Agreement, duties hereunder and/or
fees due hereunder may not be subcontracted, assigned or delegated to a third
party, in whole or in part, and any attempt to do so shall be void and of no effect.
The benefits and burdens of this Agreement are, however, assignable by
University.
b. Texas Family Code Child Support Certification. Pursuant to Section 231.006,
Texas Family Code., Contractor certifies that it is not ineligible to receive the award
of or payments under this Agreement and acknowledges that this Agreement may,,
be terminated and payment may be withheld if this certification is inaccurate.
c. Eligibility Certification. Pursuant to Section 2155.004, Texas Government Code,
Contractor certifies that the individual or business entity named in this Agreement
is not ineligible to receive the award of or payments under this Agreement and
acknowledges that this Agreement may be terminated and payment withheld if this
certification is inaccurate.
d. Franchise Tax Certification. A corporate or limited liability company Contractor
certifies that it is not currently delinquent in the payment of any Franchise Taxes
due under Chapter 171 of the Texas Tax Code, or that the corporation or limited
Liability company is exempt from the payment of such taxes, or that the
corporation or limited liability company is an out-of-state corporation or limited
liability company that is not subject to the Texas Franchise Tax, whichever is
applicable.
e. Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008
and 2252.903, Texas Government Code, Contractor agrees that any payments
owing to Contractor under this Agreement may be applied directly toward any debt
or delinquency that Contractor owes the State of Texas or any agency of the State
of Texas regardless of when it arises,.until such debt or delinquency is paid in full.
f. Products and Materials Produced in Texas. Contractor covenants and agrees
that as required by Section 2155.4441, Texas Government Code, in performing
10
the Work and its other duties and obligations under this Agreement, the
Contractor shall purchase products and materials produced in Texas when such
products and materials are available at a price and delivery time comparable to
products and materials produced outside of Texas.
g. Loss of Funding. Performance by University under this Agreement may be
dependent upon the appropriation and allotment of funds by the Texas State
Legislature (the "Legislature") and/or allocation of funds by the Board of Regents
of The Texas State University System (the "Board"). If the Legislature fails to
appropriate or allot the necessary funds, or the Board fails to allocate the
necessary funds, then University shall issue written notice to Contractor and
University may terminate this Agreement without further duty or obligation
hereunder. Contractor acknowledges that appropriation, allotment, and
allocation of funds are beyond the control of University.
h. Entire Agreement; Modifications. This Agreement supersedes all prior
agreements, written or oral, between Contractor and University and shall constitute
the entire agreement and understanding between the parties with respect to the
subject matter hereof. This Agreement and each of its provisions shall be binding
.upon the parties and may not be waived, modified, amended or altered except by a
writing signed by_University and Contractor.
i. Force Majeure. Neither party hereto shall be liable or responsible to the other for
any loss or damage or for any delays or failure to perform due to causes, beyond
its reasonable control including, but not limited to, acts of God, strikes, epidemics,
war, riots, flood, fire, sabotage, or any other circumstances of like character.
Provided, however, Contractor shall be liable and responsible to University for all
loss and damage suffered by University for any and all delays in performance of or
failures to perform Contractor's duties and obligations under the terms of this
Agreement which are directly or indirectly related to the Year 2000 Problem.
j. Captions. The captions of sections and subsections in this Agreement are for
convenience only and shall not be considered or referred to in resolving questions
of interpretation or construction.
k. Governing Law. This Agreement and all of the rights and obligations of the
parties hereto and all of the terms and conditions hereof shall be construed,
interpreted and applied in accordance with and governed by and enforced under
the laws of the State of Texas.
I. Waivers. No delay or omission by either of the parties hereto in exercising any
right or power accruing upon the non-compliance or failure of performance by the
other party hereto of any of the provisions of this Agreement shall impair any such
right or power or be construed to be a waiver thereof. A waiver by either of the
parties hereto of any of the covenants, conditions or agreements hereof to be
performed by the other party hereto shall not be construed to be a waiver of any
subsequent breach thereof or of any other covenant, condition or agreement
herein contained.
11
M. Proprietary Interests; Confidentiality. Contractor agrees that all reports,
studies, plans, models, drawings, specifications, and any other information or data
of any type relating to.its activities hereunder, whether or not any of the same is
accepted or rejected by University, shall remain the property of University and shall
not be used or published by Contractor or any other party without the express prior
consent of University. In implementation of the foregoing, Contractor hereby
grants and assigns to University all rights and claims of whatever nature and
whether now or hereafter arising in and to any and all of such reports, studies,
plans, models, drawings, specifications, and other information or data and shall
cooperate fully with University in any steps University may take to obtain
copyrights, trademark or like protections with respect thereto.
All information owned, possessed or used by University.which is communicated to,
learned, developed or otherwise acquired by Contractor in the performance of
services for University, which is not generally known to the public, shall be
confidential and Contractor shall not, beginning on the date of first association or
communication between University and Contractor and continuing through the
term of this Agreement and any time thereafter, disclose, communicate or divulge,
or permit disclosure, communication or divulgence, to another or use for
Contractor's own benefit or the benefit of another, any such confidential
information, unless required by law. Except when defined as part of the Work,
Contractor shall not make any press releases,public statements, or advertisement
referring to the Project or the engagement of Contractor as an independent
contractor of University in connection with the Project, or release any information
relative to the Project for publications, advertisement or any other purpose without
the prior written approval of University. Contractor shall obtain assurances similar
to those contained in this Section from persons,, contractors, and subcontractors
retained by Contractor. Contractor acknowledges and agrees that a breach by
Contractor of the provisions hereof will cause University irreparable injury and
damage. Contractor, therefore, expressly agrees that University shall be entitled to
injunctive and/or other equitable relief in any court of competent jurisdiction to .
prevent or otherwise restrain a breach of this Agreement.
n. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective permitted assigns and successors.
o. Appointment. University hereby expressly reserves the right from time to time to
designate by notice to Contractor a representative to act partially or wholly for
University in connection with the performance of University's obligations
hereunder. Contractor shall act only upon instructions from such representative
unless otherwise specifically notified to the contrary.
P. Records. Records of Contractor's costs, reimbursable expenses pertaining to the
Project and payments shall be available to University or its authorized
representative during business hours and shall be retained for four (4) years after
final Payment or abandonment of the Project, unless University otherwise instructs
Contractor in writing.
12
q. Notices. All notices, consents, approvals, demands, requests or other
communications provided for or permitted to be given under any of the provisions
of this Agreement shall be in writing and shall be deemed to have been duly given
or served when delivered by hand delivery or when deposited in the U.S. mail by
registered or certified mail, return receipt requested, postage prepaid, and
addressed as follows:
If to University: Florence C. Raymond
Center for Safe Communities & Schools
350 N. Guadalupe
Suite 140, PMB 164
San Marcos, Texas 78666
with copy to: Teresa Carey
IP Contract Specialist
Texas State University-San Marcos
601 University, JCK 420
San Marcos, Texas 78666
If to Contractor: Lt. Jeffrey Skinner
City of Beaumont (Police Department)
255 College
Beaumont, Texas 77701
or such other person or address as may in
Y be given writing by either party to the
other in accordance with the aforesaid.
r. Severability. In case any provision hereof shall, for any reason, be held invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision had not been included herein.
S. Enforcement. It is acknowledged and agreed that Contractor's services to
University are unique, which gives Contractor a peculiar value to University and for
the loss of which University cannot be reasonably or adequately compensated in
damages; accordingly, Contractor acknowledges and agrees that a breach by
Contractor of the provisions hereof will cause University irreparable injury and
damage. Contractor, therefore, expressly agrees that University shall be entitled to
injunctive and/or other equitable relief in any court of competent jurisdiction to
prevent or otherwise restrain a breach of this Agreement, but only if University is
not in breach of this Agreement.
t. Dispute Resolution. (1) To the extent that Chapter 2260, Texas Government
Code, as it may be amended from time to time ("Chapter 2260"), is applicable to
this Agreement and is not preempted by other applicable law, the dispute
resolution process provided for in Chapter 2260 shall be used, as further
described herein, by University and Contractor to attempt to resolve any claim for
breach of contract made by Contractor:
13
(A) Contractor's claims for breach of this Agreement that the parties
cannot resolve pursuant to other provisions of this Agreement or in the
ordinary course of business shall be submitted to the negotiation process
provided in subchapter B of Chapter 2260. To initiate the process,
Contractor shall submit written notice, as required by subchapter B of
Chapter 2260, to University in accordance with the notice provisions in
this Agreement. Contractor's notice shall specifically state that the
provisions of subchapter B of Chapter 2260 are being invoked, the date
and nature of the event giving rise to the claim, the specific contract
provision that University allegedly breached, the amount of damages
Contractor seeks, and the method used to calculate the damages.
Compliance by Contractor with subchapter B of Chapter 2260 is a
required prerequisite to Contractor's filing of a contested case proceeding
under subchapter C of Chapter 2260. The Chief Business Officer of
University, or such other officer of University as may be designated from
time to time by University by written notice thereof to Contractor in
accordance with the notice provisions in this Agreement, shall examine
Contractor's claim and any counterclaim and negotiate with Contractor in
an effort to resolve such claims.
(B) If the parties are unable to resolve their disputes under'subparagraph
(A) of this Section, the.contested case process provided in subchapter C
of Chapter 2260 is Contractor's sole and exclusive process for seeking a
remedy for any and all of Contractor's . claims for breach of this
Agreement by University.
(C) Compliance with the contested case process provided in subchapter
C of Chapter 2260 is a required prerequisite to seeking consent to sue
from the Legislature under Chapter 107 of the Texas Civil Practices and
Remedies Code. The parties hereto specifically agree that (i) neither the
execution of this Agreement by University nor any.other conduct, action
or inaction of any representative of University relating to this Agreement
.constitutes or is intended to constitute a waiver of University's or the
state's sovereign immunity to suit and (ii) University has not waived its
right to seek redress in the courts.
(2) The submission, processing and resolution of Contractor's claim is governed
by the published rules adopted by the Texas Attorney General pursuant to
Chapter .2260, as currently effective, hereafter enacted or subsequently
amended.
(3) Neither the occurrence of an event giving rise to a breach of contract claim
nor the pendency of a claim constitute grounds for the suspension of
performance by Contractor, in whole or in part. University and Contractor agree
that any periods set forth in this Agreement for notice and cure of defaults are
not waived.
U. Records. Records of Contractor's costs, reimbursable expenses pertaining to the
Project and payments shall be available to University or its authorized
14
representative during business hours and shall be retained for four (4) years after
final Payment or abandonment of the Project, unless University otherwise instructs
Contractor in writing.
V. Notices. All notices, consents, approvals, demands, requests or other
communications provided for or permitted to be given under any of the.provisions
of this Agreement shall be in writing and shall be deemed to have been duly given
or served when delivered by hand delivery or when deposited in the U.S. mail by
registered or certified mail, return receipt requested, postage prepaid, and
addressed as follows:
IN WITNESS WHEREOF, University and Contractor have executed and delivered this
Agreement as a sealed instrument effective as of the Effective Date.
UNIVERSITY: CONTRACTOR:
Texas State University-San Marcos City of Beaumont(Police Department)
Signature Signature:
Name: Name:
Title: Title:
Date: Date:
Attach:
EXHIBIT A- Scope of Work
EXHIBIT B - Schedule
EXHIBIT C - Payment for Services
15
EXHIBIT A
SCOPE OF WORK
The Contractor shall diligently render the following performance:
Contract funds shall be used to support the enforcement, community education/training,
reporting activities and additional programs requirements outlined in 1-4 of Exhibit A, Scope of
Work. Contractor shall meet the assigned minimum performance measures assigned in
Exhibit B.
1. Enforcement Activities
Contractor shall conduct:
• Tobacco education to retailers for the sole purpose of reducing youth access to
tobacco products, and to ensure compliance with the Health and Safety Code,
Chapter 161- Subchapters H, K, and N, and Tax Code, Chapter 154.
• On-site compliance inspections of tobacco retailers, not using minors as decoys, that
may result in the issuance of warnings and/or citations for violations in accordance
with the Health and Safety Code, Chapter 161 - Subchapters H and K, and Tax
Code violations, Chapter 154.
• On-site controlled buys/stings of tobacco retailers using minors as decoys, to
determine compliance with applicable laws in accordance with Health and Safety
Code, Chapter 161-Subchapter H.
• Follow-up inspections of retail outlets found to be in violation of state and local laws.
Follow-up inspections shall be conducted within two to ten (2-10) days of original
inspection and in the same manner as the original inspection.
• Enforce state tobacco possession laws for minors (MIP), tobacco possession on
school property, at school events, and providing tobacco to a minor in accordance
with Health and Safety Code 161- Subchapter N.
• Follow up on complaints received regarding retailer and/or other violations received
on the state's 1-800 tobacco hotline.
• Enforce local ordinances governing smoking and environmental tobacco smoke. If
the enforcement of local ordinances is dictated by ordinance to another agency,
Contractor can assist by including information on local ordinances as part of their
education efforts, and by acting as a conduit to report the activities of the other
agency as they relate to local tobacco ordinance enforcement.
Contractor shall base the selection of retailers for controlled buys and inspections on the most
recent list from the State Comptroller of Public Accounts, and from local historical perspective
of previous sales to minors.
I
2. Community Education/Training Activities
Contractor shall:
• Conduct a minimum of one-judicial/court personnel training session in the city and/or
the county
• Send a minimum of two (2) agency representatives to a training session in the Texas
Tobacco Prevention Initiative area. Representatives shall include the person(s)
assigned to the implementation of the contract activities, and/or the line supervisor
overseeing the day-to-day activities of this contract, and the person(s) conducting
the enforcement and community education activities outlined in the scope of work.
• Send a minimum of one (1) agency representative to the annual statewide Teen
Tobacco Summit and Comprehensive Tobacco Prevention Conference in July 2007.
Contract funds may be used for the cost of registration, transportation, lodging and
meals to attend the conference.
• Participate in any and all ongoing technical assistance and training activities offered
by the Center for Safe Communities & Schools (CSCS), Texas State University-San
Marcos.
3. Additional Program Requirements
Contractor shall:
• Ensure that contract activities are designed to serve diverse and high-risk priority
populations which use tobacco products and/or which are targeted for tobacco
marketing and promotion at a statistically higher rate than the general population.
• Participate as a member of the local tobacco-control coalition, if one exists, as one
component of a comprehensive tobacco program.
• Coordinate activities with other law enforcement agencies in the area that are
receiving funds for tobacco enforcement activities from other state agencies.
Activities shall include coordination of retail inspections, coordination of public
education activities, and the determination and agreement of jurisdictional
lines/boundaries.
• Cooperate with researchers contracted by Department of State Health Services
(DSHS), to evaluate overall effectiveness of the Texas Tobacco Prevention Initiative,
and the current capacity of funded entities to implement tobacco-related initiatives.
• Contractor shall use all DSHS logos and messages such as DUCK "Tobacco is
Foul", "Worth It", "Yes, you can!", Mi familia no fuma, and Share Air images
without any modification.
• Assign a minimum of one (1) agency representative to the implementation of the
activities of this contract, and provide the name(s) of any key personnel changes
that impact the requirements of this contract.
4. Reporting Requirements:
Contractor shall:
Submit a monthly activity summary report for the enforcement and community
education/training activities conducted, using the appropriate reporting forms
provided by the Center for Safe Communities & Schools, Texas State University-San
Marcos.
For enforcement activities, the monthly activity summary report shall include the
number of compliance inspections, controlled buy/stings, follow-up inspections, and
Minor in Possession (MIP) citations issued.
For retailer education, the monthly activity summary report shall include the name
and address of each retail outlet receiving training and the number of
clerks/employees attending the training.
For the judicial/county personnel training, the monthly activity summary report shall
include the date and location of training, number of judicial/court personnel attending
the training, and a training agenda with topics covered.
• The monthly activity summary report shall be submitted to CSCS by the 10th of the
month for activities of the previous month. The report may be mailed or faxed to
the Center for Safe Communities & Schools, 350 N. Guadalupe— Suite 140, PMB
164, San Marcos, Texas 78666. Fax# 512.245.1465
• The original Compliance Inspection and Controlled Buy/Sting forms shall be mailed
to Texas STEP, 1700-A Ranch Road 12, Suite 218, San Marcos, Texas 78666, as
required by law, (Health & Safety Code, Section 161.090 Reports of Violation) by the
10th working day of the month for activity of the previous month.
0 Contractor shall maintain specific, detailed documentation of all education,
enforcement and training activities reported and funded under this contract.
EXHIBIT B
SCHEDULE
Performance Measures
The following performance measures will be used to assess the effectiveness in providing the
services described in Exhibit A without waiving the enforceability of any of the other terms of
the contract. The minimum number of activities shall include the following:
Enforcement Activities:
• Number of tobacco retailers receiving education: 35
• Number of compliance inspections not using minors as decoys: 85
• Number of controlled buys using minors as decoys: 36
Community Education/Training Activities:
• Number of judicial/court personnel training sessions: 1
• Number of agency representatives attending a training
session in the Texas Tobacco Prevention Initiative are: 2
• Number of agency representatives attending the annual
Teen Tobacco Summit and Comprehensive Tobacco
Prevention Conference in July 2007: 1
A performance measure will not be assigned for Minor in Possession (MIP) citations. However,
contractor is required to include issuance of Minor in Possession citations as part of the
enforcement effort.
A performance measure will not be assigned for follow-up inspections of retail outlets in
violation of state and/or local laws. However, contractor is required to conduct follow-up
inspections of retail outlets not in compliance.
•
tt7
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 7, 2006 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 approving the third reading of an ordinance adopting an amendment to
Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc.
and authorizing the City Manager to enter into an agreement reserving to the end
of the term of the franchise agreement the parties rights to resolve an issue
regarding the timing of franchise payments
2. Consider accepting the Grand Recap of the tax roll for the tax year 2006 (Fiscal
Year 2007)
3. Consider authorizing the City Manager to sign an agreement with North Star
Destination Strategies to develop a"Community BrandPrint"
4. Consider authorizing the City Manager to execute a contract with Fannie Mae's
Housing and Community Development Division to accept a grant to assist in the
repair of residential structures damaged by Hurricane Rita
5. Consider approving the purchase of eight(8)LifePak 12 defibrillators to be used
on the City's EMS ambulances
• 6. Consider approving a total payment of$25,000 to the Bracewell& Giuliani Law
Firm and the Ben Barnes Group for lobbying assistance at the federal and state
level
7. Consider approving a contract for the construction of the Central Park Community
Center
WORKSESSION
* Receive a status report related to high grass, litter,junk motor vehicles and
dilapidated structures
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Entergy Gulf States, Inc.'s Application for Determination of Hurricane
Reconstruction Costs, Public Utility Commission Docket No. 32907
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
� 1
November 7, 2006
Consider approving the third reading of an ordinance adopting an amendment to Ordinance No.
04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City
Manager to enter into an agreement reserving to the end of the term of the franchise agreement
the parties' rights to resolve an issue regarding the timing of franchise payments
City UP, of Beaumont Council Agenda Item
�
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 2, 2006
REQUESTED ACTION: Council to consider the third reading of an ordinance adopting an
amendment to Ordinance No. 04-068 granting an electric franchise to
Entergy Gulf States, Inc. and authorizing the City Manager to enter
into an agreement reserving to the end of the term of the franchise
agreement the parties' rights to resolve an issue regarding the timing
of franchise p a Y ments.
RECOMMENDATION
Administration recommends approval of an ordinance amendment to Ordinance No.04-058 adopted
on September 28, 2004 granting to Entergy Gulf States, Inc. and electric franchise which provides
compensation for the use of the City's streets, alleys and rights-of-way by Entergy Gulf States, Inc.
and authorizing the City Manager to execute an agreement with Entergy Gulf States,Inc.,reserving
an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise
agreement in 2017.
BACKGROUND
The City of Beaumont and Entergy Gulf States,Inc. entered into an electric franchise agreement on
September 28, 2004 which provided for the accelerated expiration of the then existing franchise
ordinance and granted a new franchise which included a different method of compensation to the
City. This new agreement became effective February 1, 2006. The old agreement provided for
payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for
compensation based upon a calculation using a per kilowatt hour unit rate multiplied by the number
of kilowatt hours delivered to retail customers within the City of Beaumont. These payments
historically have been made on the first day of August of each year for the twelve-month period prior
to the payment. Because of the acceleration of the termination of the existing agreement and the
implementation of the new agreement there was a period of transition which has caused an issue
between the City and the Company as to the timing of these payments. The issue is whether the
TO: Kyle Hayes MEETING DATE: November 7, 2006
SUB: Amendment to Ordinance No. 04-068 MEMO DATE: November 2, 2006
Pa Re 2/2
August payments were a prepayment in advance,which is the position of the Company,or a payment
in "arrears" for the preceding twelve-month period before the August payment. The problem with
the Company's position is that the City does not receive an annual payment for August, 2006. This
translates into an estimated loss in revenue in excess of Three-Million($3,000,000)Dollars. After
several discussions and meetings, the parties have agreed to resolve the issue with the Company
continuing to make the annual payment on August 1 of each year beginning August, 2006; and
reserving the issue as to whether the payment is a prepayment or payment in arrears until the year
2017, which is before the end of the term of the contract in 2018. This reservation would take the
form of a letter agreement between the parties executed by the City Manager as authorized by the
City Council.
BUDGETARY IMPACT
This amendment resolving the franchise annual payment issue should result in a payment in excess
of Three-Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by
Entergy Gulf States, Inc.
PREVIOUS ACTION
Ordinance No. 04-068 dated September 28,2004;first reading of amendment,September 19,2006,
and second reading, October 10, 2006, prior to final passage.
SUBSEQUENT ACTION
RECOMMENDED BY
City Manager and City Attorney.
ORDINANCE NO. 06-058
ENTITLED AN ORDINANCE AMENDING FRANCHISE
NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC.;
PROVIDING FOR AN ANNUAL PAYMENT; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT
RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF
PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE
DATE UPON ACCEPTANCE IN WRITING BY ENTERGY
GULF STATES, INC.
WHEREAS, by Ordinance Number 04-068 adopted on the third and final reading
on September 28, 2004 by the City of Beaumont("City"),wherein Entergy Gulf States, Inc.
("EGSI" or "Company")was granted a franchise ("Franchise"), subsequently accepted by
EGSI on January 30, 2006 and made effective on February 1, 2006, to conduct within the
City an electrical power business and to use the streets, alleys and public ways of the City
for the purpose of conducting such business; and,
WHEREAS, City and Company desire to amend the Franchise by changing the
payments terms:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1.
That Section 10 of the Franchise is hereby amended to read as follows:
Section 10
The design and purpose of this franchise fee compensation clause is to establish
an administratively simple uniform method of compensating the City for the use of the
public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening
of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is
consistent with the burdens placed on the City created by EGSI's use of the right-of-way;
(5) provides fair and reasonable compensation for the use of the public right-of-way; and
(6) provides a mechanism by which EGSI will remain financially whole with respect to any
increases in franchise payments resulting from the implementation of this Franchise over
and above the franchise fees calculated under the previous franchise agreement, as
modified by Section 33.008 of the PURA,together with all associated costs and expenses,
including gross receipts taxes. (Hereinafter, such incremental franchise fees and
associated costs and expenses, including gross receipts taxes are referred to as
"incremental amounts").
(a) Inconsideration of the right granted by the City to EGSI to use and
occupy the Public Ways in the City for the conduct of its business
under this agreement, the Company agrees to pay to the City
franchise fees in the amount and manner described herein.
Subject to any reduction in payments as provided in this section,
EGSI shall pay on August 1 of each year an amount equal to a
$0.0021524 charge per kilowatt hour("kWh") multiplied times the
number of kilowatt hours delivered by EGSI to each retail
customer whose consuming facility's point of delivery was located
within the City's boundaries during the twelve month period from
July 1 to June 30 preceding the August payment. It is agreed that
the payment to be paid on August 1, 2006 will be paid within
twenty (20) days of this Agreement being accepted by EGSI.
(b) In addition to the payments set out in Subsection 10(a), and
subject to the provisions of Subsection 10(g), EGSI shall pay on
or before the 15th day of May, August, November and February an
amount equal to a $0.0010137 charge per kilowatt hour multiplied
times the number of kilowatt hours delivered by EGSI during the
preceding calendar quarter ending March, June, September, and
December, to each retail customer whose consuming facility's
point of delivery was located within the City's boundaries. The first
quarterly payment due under this subsection will be due on
November 15, 2006 for the preceding quarter ending September
30.'
(c) An underlying premise of this Franchise agreement and the
ordinance implementing it is that the Company shall be kept
financially whole with respect to any and all incremental amounts,
as defined above in this Section 10.
L EGSI shall collect such incremental amounts through 1) a
corresponding surcharge designed to collect the
incremental increases in franchise fees calculated pursuant
to the rate set forth in Subsection 10(b) including any
increase due to the escalator provided for in Subsection
10(I), over and above the franchise fees calculated under
the previous franchise agreement, as modified by Section
Prior to the passage of this Amendment, EGSI aid the incremental cremental payments owed for February
2006 through June 2006.
r33.008 of the PURA, along with all applicable taxes,
including gross receipts taxes("corresponding surcharge"),
which surcharge shall be approved by the Public Utility
Commission of Texas ("PUCT"or"Commission"), and 2) a
direct payment from the City to EGSI or a reduction in
franchise payments to City, as set forth below.
ii. This section is intentionally left blank in that at the time of
this Amendment, the Franchise and quarterly payments
had already become effective.
iii. In the event the Company does not collect in the
corresponding surcharge all incremental amounts
associated with the three-month periods corresponding with
the quarterly due dates as set out in Subsection 10(b), the
Company is authorized to collect such amounts not
collected in the surcharge ("uncollected difference")
through either direct payment by City or a reduction of
franchise payments to City as provided in this Subsection.
Priorto EGSI's reduction in franchise payments, EGSI shall
provide the City 30 days for a one-time opportunity to make
a direct payment to EGSI of any uncollected difference,
such 30 days to run from City's receipt of Company's
written notice, which shall identify the uncollected
difference, the time period over which the uncollected
difference accrued and a detailed explanation of the
calculations. Subsequent to said 30 day period, and in the
absence of timely direct payment by the City of the entirety
of the uncollected difference, EGSI is authorized to reduce
any future franchise payment(s) in an amount equal to any
unpaid uncollected difference not paid bythe City. EGSI is
authorized to implement the procedures set forth in this
Subsection periodically as EGSI, in its sole discretion,
determines is necessary to recover any ongoing
uncollected difference.
iv. With respect to the preparation for, or implementation of,
retail open access in EGSI's Texas service territory, City
agrees to authorize and support the approval and
implementation of a monthly surcharge for both Entergy's
affiliate distribution company in Texas ("DISCO") and
Entergy's affiliate retail electric provider in Texas ("REP")
that provides for the collection and recovery of the same
amounts as are recovered through the corresponding
surcharge described in Subsection 10(c). The monthly
surcharge described in this subsection shall be in addition
to the base rates otherwise established for DISCO or the
Price to Beat rates otherwise established for the REP.
v. The corresponding surcharge described in this Subsection
10(c)shall appear as a line item on EGSI's retail electric bill
and identified as a "Municipal Franchise Fee."
(d) In addition to the provisions of Subsection 10(c), EGSI is
authorized to reduce the quarterly franchise payments by$150.00.
Further, the City shall have until the latter of December 31, 2004
or 90 days after the effective date of this Franchise agreement to
pay to EGSI an amount of$24,400.00 forthe cost of implementing
the provisions of this Franchise agreement ("implementation
costs"). In the event payment in full is not timely made, the
Company is authorized to reduce subsequent franchise payments
in an amount necessary to recover the entirety of the
implementation costs.
(e) The City shall bear the costs and expenses of all claims,
challenges, and lawsuits, of either the City or EGSI, regarding the
validity of the new Franchise agreement or the corresponding
surcharge, regardless if such claim or challenge is brought before
a regulatory authority or in a federal or state court of law, including
payment of attorneys fees and costs associated with the defense
to EGSI or affiliates of EGSI for any legal or regulatory challenge
to the new Franchise agreement or corresponding surcharge, at
the time such claim or challenge is made. The costs and
expenses referred to in this Subsection include, but are not limited
to:
i. costs and expenses of the City, related to obtaining the
corresponding surcharge; and/or
ii. costs and expenses of or to EGSI, whether such costs and
expenses are associated with EGSI's employees or
consultants and/or attorneys retained by EGSI in the
defense of such claims, challenges and lawsuits.
(f) Such costs and expenses of or to EGSI, as are enumerated in
Subsection 10(e) above, including carrying costs, shall be
recovered from the City pursuant to direct payment or a reduction
of franchise payments as provided in this Subsection. Prior to
EGSI's reduction in franchise payments, EGSI shall provide the
City 30 days for a one-time opportunity to make a direct payment
to EGSI of any such costs or expenses, such 30 days to run from
City's receipt of Company's written notice, which written notice
shall identify any such costs and expenses. Subsequent to said
30 day period, and in the absence of timely direct payment by the
City of the entirety of such costs and expenses, EGSI is
authorized to reduce any future franchise payment(s) in an
amount equal to any unpaid portion of such costs and expenses
identified. At its sole discretion, EGSI may recover all costs or
expenses identified in any notice in a one-time reduction to a
future franchise payment. EGSI is authorized to pursue the
procedure(s) set forth in this Subsection periodically as
determined by EGSI, in its sole discretion, to be required for the
recovery any ongoing expenditure of such costs and expenses.
(g) Upon the occurrence of any of the following events, the franchise
fee rate and quarterly payments provided for in Subsection 10(b)
shall no longer be applicable or effective for the purpose of
calculating the franchise payment:
i. the recovery of the incremental amounts through a
corresponding surcharge ceases, such as (but not
exclusively) through the PUCT's determination that the
incremental amounts shall be recovered through the
Company's base rates rather than through the
corresponding surcharge;
ii. the PUCT or a court of competent jurisdiction 1) finds the
corresponding surcharge unlawful or otherwise prohibits
the surcharge recovery of the incremental amounts; 2)
finds that the franchise fees calculated under this Section
10, or the amounts collected through the corresponding
surcharge or through a reduction in franchise payments, as
provided herein, may not be recovered by EGSI from its
customers;
or 3) in some manner prevents or prohibits EGSI from
recovering said incremental amounts; and,
iii. with respect to the preparation for, or implementation of,
retail open access in EGSI's Texas service territory, EGSI
or Entergy's affiliate distribution company in Texas
("DISCO") or Entergy's affiliate retail electric provider in
Texas ("REP"), at any time, is not permitted to implement
the monthly surcharge described in Subsection 10(c)(iv).
Upon the occurrence of any of the events enumerated in
Subsections 10(g) i, ii, or iii, the franchise rate effective
immediately prior to the effective date of this Franchise agreement
(which rate is reflected in Subsection 10(a)) shall be applicable
and effective for the purpose of calculating the franchise payment
under this Franchise agreement. Further, in the event the PUCT
or a court of competent jurisdiction finds a portion of the
corresponding surcharge unlawful or otherwise prohibits a portion
of the surcharge recovery of the incremental amounts, the
franchise rate and quarterly payments provided for under
Subsection 10(b) shall be amended and adjusted such that the
franchise payment made by the Company to the City is no greater
than the amounts the company is authorized to collect through its
base rates and the corresponding surcharge. Nothing in the
immediately preceding sentence permits the realignment of the
recovery of any portion of the incremental amounts from the
corresponding surcharge to the Company's base rates, prohibited
by Subsection 10(g)i.
(h) If the PUCT or a court of competent jurisdiction orders EGSI to
refund to customers any amounts for the franchise fees or any
associated costs or expenses, including taxes, collected pursuant
to this Franchise agreement, such amounts refunded shall be
recovered from the City pursuant to a direct payment or a
reduction of franchise payments, under the procedure set forth in
Subsection 10(c)iii above.
(i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff
(Corresponding Surcharge)
i. City agrees that (a) it will adopt and approve the
corresponding surcharge approved by the PUCT and
accepted by EGSI as provided herein and, if required,
amend accordingly the Municipal Franchise Surcharge
attached to the implementing ordinance; (b) if City
intervenes in any regulatory proceeding before a federal or
state agency in which the recovery of EGSI's franchise fees
is an issue, the City will take an affirmative position
supporting 100% recovery of franchise fees by EGSI in the
manner consistent with this agreement; (c) in the event of
an appeal of any such regulatory proceeding in which the
City has intervened,the City will take an affirmative position
in any such appeals in support of the 100% recovery of
such franchise fees by EGSI in the manner consistent with
this agreement; and (d) subsequent to this agreement
becoming effective, EGSI may take whatever action with,
and seek whatever approval from, the PUCT,that it deems
appropriate to continue to achieve full recovery of any
incremental amounts under this agreement.
ii. City agrees that it will take no action, nor cause any other
person or entity to take any action, to prohibit the recovery
of such incremental amounts by EGSI.
iii. Neither the adoption of this Franchise, the accompanying
ordinance, nor the corresponding tariff shall be used by
either the City or the Company, in any proceeding before a
regulatory authority or state or federal court of law, as
precedent for a reduction in the Company's rates or as
evidence of or support for the positions taken by the City or
the Company is such matters, other than in requesting
PUCT approval of the corresponding surcharge or in any
direct court appeal of a PUCT order addressing the
corresponding surcharge.
(j) At the time of each payment, EGSI shall also submit to the City a
sworn statement showing the following: (i) its kilowatt hour sales
delivered to each retail customer whose consuming facility's point
of delivery is located within the City's boundaries for the preceding
calendar quarter upon which the franchise fee payment is
calculated; (ii) a detailed listing of any claimed costs and
expenses, including taxes, uncollected difference (not paid by
City)and/or claimed refund items (all as referred to in this Section
10); and (iii) a detailed reconciliation of the quarterly franchise
payment calculation.
(k) All payments made under this Franchise shall be exclusive of and
in addition to ad valorem taxes. Any and all such payments made
by Company pursuant to this Section 10 shall be credited on any
amount imposed, levied or assessed against Company by the City
of Beaumont, pursuant to ordinance or otherwise, at any time as
a charge (whether designated as rental, tax or otherwise) for the
use by Company of City's streets, alleys and public ways.
(1) Upon approval by the PUCT as provided herein, and beginning on
the first anniversary of the effective date of this agreement and
annually thereafter, EGSI shall annually adjust the total unit per
kWh franchise fee rate, set forth in Subsection 10(b), by an
amount to be designated in writing by the City based on one-half
the annual increase, if any, in the consumer price index as
calculated in accordance with the Local Government Code
§283.055(g). The adjustment provided for in this Subsection shall
become effective only upon the PUCT's approval of an equivalent
adjustment to the corresponding surcharge which provides forthe
Company's collection through the corresponding surcharge of the
increase in the franchise payment resulting from the adjustment
provided in this Subsection. The approval of the PUCT referenced
in the immediately preceding sentence may be obtained
contemporaneously with,and contained in,a final order approving
the corresponding surcharge, subject to acceptance by the
Company, in its sole discretion, as provided in Section 18(a).
SECTION 2.
That all provisions of the Franchise,except for Section 10 as amended herein,shall remain
in full force and effect and shall not be affected by the passage of this ordinance.
SECTION 3.
The full text of this Franchise agreement shall, after final passage by the City
Council of The City of Beaumont, be.published once each week for four(4) consecutive
weeks in a newspaper of general circulation published in The City of Beaumont, and the
t
expense of such publication shall be borne by Company.
Passed first reading on the day of 2006.
Passed second reading on the_day of 2006.
Passed third and final reading on the day of •2006.
Passed this the day of 2006.
Approved this the_day of 2006.
-Mayor Guy N. Goodson -
SECTION 4.
This agreement shall become effective upon EGSI's acceptance, in writing (in the form
provided below) of the ordinance.
To the Honorable Mayor and City Council:
EGSI acting by and through the undersigned authorized officer, hereby accepts in all
respects,on this the day of , 2006, Ordinance No.
amending Franchise Number 04-068 granted to Entergy Gulf States, Inc. and the same
shall constitute and be a binding contractual obligation of EGSI and the City.
Entergy Gulf States, Inc.
By:
Title:
2
November 7, 2006
Consider accepting the Grand Recap of the tax roll for the tax year 2006 (Fiscal Year 2007)
Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 1, 2006
REQUESTED ACTION: Accept the Grand Recap of the tax roll for the tax year 2006 (Fiscal
Year 2007) with a taxable value of$4,864,220,755.
0 RECOMMENDATION
Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year
2006 with a taxable value of$4,864,220,775.
BACKGROUND
Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City
Council.
BUDGETARY IMPACT
Property tax revenues in the FY 2007 Budget were calculated based on this taxable value plus
$23,520,700 in minimum values omitted due to protests filed under Section 42 of the Texas
Property Tax Code at a collection rate of 97
PREVIOUS ACTION
On September 19, 2006 Council approved the tax roll as certified by the Jefferson County
Appraisal District with a taxable value of$4,864,220,755. There is no change in the taxable value
of the Grand Recap.
SUBSEQUENT ACTION
None.
. RECOMMENDED BY
City Manager and Chief Financial Officer.
10/10/200605:52 SEQUENCE: 291634 TAX COLLECTION SYSTEO PAGE: 12
TC501 C E R T I F I E D R 0 L L J U R I S D I C T I O N S U M M A R Y
PROCESSING FOR TAX YEAR: 2006
JURISDICTION: 0021 CITY OF BEAUMONT
TOTAL PARCELS: 63,184 TAX RATE:00.659000
MARKET VALUE: 5,398,680,800 STATE HOM: 0 OPT HOM: 0.00000
EXEMPT PARCELS: 4,018 STATE 065: 0 OPT 065: 17,500
EXEMPT VALUE: 330,667,070 DISABLED: 17,500
AG EXCLUSION: 31,440,350
AG PROPERTIES: 235
HS CAPPED CNT: 843
HS CAPPED AMT: 5,267,830
HISTORICAL CNT: 8
HISTORICL VALUE: 3,785,570
PRORATED CNT: 4
PRORATED VALUE: 67,885
GROSS TAXABLE: 5,027,452,095
STATE HOMESTEAD 0 HOMESTEAD AMT: 0
LOCAL HOMESTEAD 0 HOMESTEAD AMT: 0
OVER65 7,891 OVER 65 AMT: 0
LOCAL OVER65 7,891 OVER 65 AMT: 134,869,370
SURVIVING SPOUSE: 113 AMOUNT: 1,925,540
# OF DISABLED: 1,251 DISABLED AMT: 20,917,150
VET Q $5000 2 VETERAN AMT: 0
VET ® $7500 3 VETERAN AMT: 0
VET 4 $10000 2 VETERAN AMT: 0
VET @ $12000 643 VETERAN AMT: 5,519,280
TOTAL VET 650 VETERAN AMT: 5,519,280
TOTAL PART XMP: 163,231,340
TAXABLE VALUE: 4,864,220,755
FROZEN ACCTS: 0
LEVY LOSS: 0.00
TOTAL LEVY: 32,055,274.41
LATEAG CNT: 1
LATEAG AMT: 51.07
FROZEN GROSS: 0
FROZEN TAXABLE: 0
UNFROZEN LEVY: 0.00
FROZEN LEVY: 0.00
TIF CAPTURED: 0
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council pursuant to the Texas Property Tax Code, Section 26.09, hereby
approves the Grand Recap of the tax roll for the tax year 2006 with a taxable value of
$4,864,220,775.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
3
November 7, 2006
Consider authorizing the City Manager to sign an agreement with North Star Destination
Strategies to develop a"Community BrandPrint"
•
City of Beaumont
Council Agenda Item
TO: Mayor and City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 2, 2006
REQUESTED ACTION: Consider authorizing the City Manager to sign an agreement with
North Star Destination Strategies to develop a "Community
BrandPrint"
BACKGROUND
North Star Destination Strategies, LLC (hereinafter referred to as North Star) is based in
Nashville, Tennessee and is committed to providing research based branding solutions,
specifically for communities, which they call a"Community BrandPrint." Through the brand print
process, North Star will determine Beaumont's most distinct promise by determining our
competitive situation, vision of our stakeholders and the perceptions of people living in and outside
of the area. A brand strategy will then be crafted that will position Beaumont in the minds of
residents, visitors and economic development groups. The projected time line to complete the
brand print is 28-30 weeks. Detailed information is attached for your review.
City staff and representatives of the Greater Beaumont Chamber of Commerce have met many
times over the past year and a half regarding the development of a brand print for Beaumont. Two
companies were requested to make a presentation to community leaders. There was a consensus
to move forward with North Star. Formal action was not requested from the City Council after
the presentation due to Hurricane Rita. North Star made a second presentation in Beaumont to
various community leaders on September 13, 2006.
North Star has completed brand prints for many clients across the United States including Augusta,
Georgia; Jackson, Mississippi; Mobile, Alabama; Grapevine, Texas; McKinney, Texas and
Plano, Texas.
BUDGETARY IMPACT
The base fee for the above service is $76,000. Of this amount, $75,000 will be paid from a
donation which was made to the City from Farmers Insurance Group. The remaining amount
as well as additional expenses for travel, long distance phone calls, etc. will be paid from the
General Fund.
It should be noted that the initial work to be provided by North Star is the beginning step in a
multi year process. The general community, City of Beaumont, other governmental entities and
the business community will need to invest their time and money for numerous years promoting
the new brand print in order for it to be successful.
RECOMMENDED BY
City Manager and Executive Director of the Convention and Tourism Bureau.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement with
North Star Destination Strategies to develop a "Community BrandPrint." The agreement
is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
LETTER OF AGREEMENT BETWEEN
CITY OF BEAUMONT AND
NORTH STAR DESTINATION STRATEGIES
1. This is written to detail the terms of an Agreement whereby North Star Destination
Strategies, LLC (hereinafter referred to as North Star) is to develop a Community
BrandPrintTM for Beaumont, Texas (hereinafter referred to as the Client) under the
general direction of and for the benefit of the Client.
2. North Star's compensation will be derived from the sources below:
a. North Star will provide a Community BrandPrint for Beaumont, Texas. The
general outline of such a document is attached as part of the Contract.
b• A fee of$76,000 will be paid to North Star not to exceed five hundred and
sixteen (5 16) hours of time involved.in the production of a Community
BrandPrintTM- The agreed upon maximum five hundred and sixteen (S 16)
hours to be dedicated to the project will be the governing factor in the depth
of the Document. North Star will not exceed the maximum number of
hours for the project outlined in 2a.
C. Any additional requests of North Star beyond the agreed upon Document
and designated hours will be billed at the rate of$125.00 per hour. Should
additional work be requested, for work beyond the scope of this Agreement,
North Star will receive written approval of the additional related cost prior
to initiating work.
d. Items such as shipping, long distance telephone charges and travel shall be
billed at net out-of-pocket cost to the client. Mileage shall be billed at
the rate of 40.5 per mile. Manual data entry, when required or
requested, will be billed at net out-of-pocket cost.
EXHIBIT "A"
LETTER OF AGREEMENT BETWEEN
CITY OF BEAUMONT AND
NORTH STAR DESTINATION STRATEGIES
1. This is written to detail the terms of an Agreement whereby North Star Destination
Strategies, LLC (hereinafter referred to as North Star) is to develop a Community
BrandPrintTM for Beaumont, Texas (hereinafter referred to as the Client) under the
general direction of and for the benefit of the Client.
2. North Star's compensation will be derived from the sources below:
a. North Star will provide a Community BrandPrint for Beaumont, Texas. The
general outline of such a document is attached as part of the Contract.
b. A fee of$76,000 will be paid to North Star not to exceed five hundred and
sixteen (5 16) hours of time involved in the production of a Community
BrandPrintTM. The agreed upon maximum five hundred and sixteen (516)
hours to be dedicated to the project will be the governing factor in the depth
of the Document. North Star will not exceed the maximum number of
hours for the project outlined in 2a.
C. Any additional requests of North Star beyond the agreed upon Document
and designated hours will be billed at the rate of$125.00 per hour. Should
additional work be requested, for work beyond the scope of this Agreement,
North Star will receive written approval of the a additional related cost prior
to initiating work.
d. Items such as shipping, long distance telephone charges and travel shall be
billed at net out-of-pocket cost to the client. Mileage shall be billed at
the rate of 40.5 per mile. Manual data entry, when required or
requested, will be billed at net out-of-pocket cost.
3. Prior to beginning the work contracted, the Client will pay North Star $38,000 as
one-half installment of the cost of the work to be performed. Upon completion of
the midpoint meeting, the Client will pay North Star $19,000. The balance of the
fee, $19,000, is to be paid in equal payments over the next three months following
the midpoint.
A service charge of 1-1/2% (18% per annum) will be charged on all sums not paid
within a 30-day period after date of billing. The Client agrees to pay all costs of
collection and a reasonable attorney's fee incurred in the collection of past due
accounts.
4. Upon termination of this Agreement, North Star shall transfer, assign and make
available to the Client, or its representatives, all property and materials in its
possession or control belonging to the Client and paid for by the Client. In the
event that the material, which is the subject of this Agreement, is copyrightable
subject matter, North Star and Client agree that for the purposes of this order the
material shall be a work made for hire and the property of the Client. In the event
that the material which is the subject of this Agreement is not copyrightable subject
0 matter, or for any reason is determined not to be a work made for hire, then and in
such event North Star hereby assigns all right, title and interest to said material to
Client for the fees specified herein.
With the exception of the logo developed for the client, any conceptual work done
by North Star is intended for demonstrational purposes only. Stock photography
used for the demonstration of creative concepts is not to be reproduced or
published in any way without first negotiating usage rights with the appropriate stock
image provider.
If termination of the Agreement is requested by the Client prior to completion of
the Document, the Client will remain responsible for payment of all hours involved
in the preparation of the Document prior to said termination at a rate of$125.00
per hour. Client will be responsible for payment of any outside cost incurred prior
to the termination including costs of materials ordered or delivered thereafter if
North Star is unable to halt such delivery. Under no circumstances will North Star
be obligated to breach any lawful contractual commitment to others.
5. In conducting business and in anticipation of conducting business with North Star, it
may be necessary for the Client to share trade secrets and/or other confidential
and/or proprietary information or matter with North Star. The parties agree that
such information and the materials referenced in the contract, the results and
developments there from are confidential and/or proprietary information belonging
to the Client.
North Star agrees not to disclose to any third party any such trade secrets and/or
confidential or proprietary information for its own separate benefit. North Star will
be responsible for its employees or agents complying with the provisions of this
Agreement.
Similarly, the Client agrees that the Community BrandPrintTM created is intended
solely for the use and benefit of Beaumont, Texas and any distribution to destination
marketing organizations outside of the Beaumont area without the written consent
of North Star is prohibited. The Client will be responsible for its employees or
agents complying with the provisions of this Agreement.
6. This Agreement may be modified only upon the written and mutual consent of
both parties. This Agreement and the documents referenced herein embody
the entire Agreement of the parties. This Agreement shall supersede all previous
communications, representations or agreements, either verbal or written, between
the parties.
City of Beaumont North Star Destination Strategies:
Kyle Hayes Don McEachern
City Manager CEO
Date Date
I. Understanding: Where the Brand has Been and Why
This stage addresses the current brand positioning of the community. We invite vital
organizations and leaders to share their perceptions to help coordinate activities to market the
community as a whole. We evaluate the environment, community attitudes, current
communications, and perceptions of target audiences and their influencers.
• Research, Planning, and Communications Audit
North Star requests any and all documents of past research (within past 24 months) and
marketing materials in order to include those insights into the project.
• In-Market Familiarization Tour
The North Star team will allocate one full day to experience Beaumont. We request that
an individual passionate about Beaumont lead the team throughout the day showing North
Star all of Beaumont's greatest assets and offerings.
Situation Analysis
The Situation Analysis is a background document prepared by North Star in collaboration
with Beaumont asking a variety of questions concerning the history, goals, and competitors
of the community. This document should be completed and returned to North Star prior
to the in-market visit.
• Competition
• Competitive Positioning Review: To better understand how Beaumont positions
itself in the market-place against its competitors, a competitive evaluation will
evaluate other brand messages.
• Competitive Opportunity Analysis using ESRI's Business Analyst: An in-depth
analysis will be run against Beaumont's top five identified economic development
competitors. This will provide comparative data for uncovering strengths and
weaknesses in the current business landscape according to national standard
industry classifications.
• Stakeholders/Community
- In-Market Key Stakeholder Interviews
During the in-market visit, 7-8 one-on-one meetings will be held with key
stakeholders in 30 minute sessions.
- In-Market Stakeholder Focus Group
Focus Group should consist of the key stakeholders in the community most
responsible for this project (10-12 people). North Star team will lead discussion.
- Vision Survey— Mail
An open-ended questionnaire will be developed after the In-Market trip. Once
the survey is developed, it will be mailed to 300-400 stakeholders of Beaumont.
You can decide which individuals best fit this description! Members of civic
organizations are a great way of including a broad net of community leaders.
- Online Community Survey
A close-ended, quantitative version of the vision survey will be created and
posted online. This is a great opportunity to encourage communitywide
participation.
- In-market "Man on the Street" Intercept Interviews
During the in-market visit, the North Star team will be hitting the streets:
shopping, eating, and speaking with consumers and residents.
- Community Geo-demography (consumer profiling) Who and What Reports
North Star utilizes standard and ongoing third-party relationships with ESRI and
its Arcview, Tapestry and Business Analyst software. Tapestry uses U.S. Census
Bureau data and Mediamark Research Information systems (MRI) consumer
buying behavior data to create a market segmentation system that classifies U.S.
neighborhoods into 65 different segments based on socioeconomic and
demographic composition. A defined profile is created for the residents of
Beaumont.
• Who Report: Community socio-economic classifications composition
• What Report: This report provides an indication of resident lifestyle
habits such as media tendencies, travel behavior, household buying
preferences, recreational interests, civic involvement, dining choices,
retail preferences, lodging tendencies and much more.
• Consumers
- Origin Mapping
• Inquiry/Attraction/Lodging
• All inquiry, attraction, and lodging records must be provided within 4 weeks
upon completion of the in-market visit. Lodging must be received from a
minimum of 3 properties. If unavailable, the BrandPrint process will proceed
without these corresponding reports.
- Visitor Geo-demography (consumer profiling) Who, What and Where Reports
This uses ESRI's Arcview and Tapestry software. A defined profile is created for
the visitors/consumers of Beaumont.
• Who Report: An under the surface look that reveals the demographic
and socio-economic composition of your consumers. This report also
compares your consumers to the profiles of your community. Are you
like or unlike your most common visitors?
• What Report: This report provides an indication of consumer lifestyle
habits such as media tendencies, travel behavior, household buying
preferences, recreational interests, civic involvement, dining choices,
retail preferences, lodging tendencies and much more.
• Where Report: This report provides a grid for determining the outlying
communities that not only have the highest concentration of your
visitors, but the ones most like your core visitors.
Perception Study (Qualitative)
North Star will conduct telephone interviews to identify perceptions of
Beaumont among state officials, site selectors, relocation executives, meeting
planners and group tour leaders. (Beaumont will need to provide contact
information for the identified categories)
• State Level Executives in both the economic development and tourism industry:
what do representatives at the state level think of Beaumont?
• Prospects/Site Selectors/Relocation Executives: What do your business
associates think about Beaumont when you're not around?
• Visitors/Meeting Planners/Group Tour Leaders: What do meeting planners and
group tour leaders think about Beaumont?
Perception Study (Quantitative)
o The Consumer Awareness and Perception (CAP) study is a four-week
quantitative process that provides insights into consumer relationships with the
community in question. The study yields data from a random sampling of
consumers from two of the community's key visitation markets. Specifically, the
survey measures overall awareness (aided and unaided), perception and visitation
among consumers and non-consumers.
2. Insights: Where the Brand Should Be
The goals for the community may involve a number of elements: gross receipts, population,
higher education matriculation, overnight guests, and bed-tax collected.
Branding influences these goals by influencing expectations and affecting attitudes, thus affecting
behavior and usage. The most successful brands establish an emotional — not simply an
intellectual — connection. Our insights come from asking a number of thought-provoking
questions. What emotional attachments can the brand hold? How does the brand fit into his
or her lifestyle? It is from these insights that we determine the overall positioning of the brand.
• Situation Brief
• Blue Sky Meeting
• Brand Strategy Presentation
- Brand Essence (reason for being)
- Brand Values (guiding principles)
- Brand Truths (help deliver the promise)
- Brand Promise (what can you provide that others cannot)
- Brand Benefits (consumer appeal)
- Brand Personality (tonality)
- Brand Platform Statement
Note: Here, we conduct a midpoint meeting to present all of the research findings as
well as our recommended brand positioning based on those findings and request
approval before proceeding.
3. Imagination: What Will Get us There
In this stage, we consider elements of communication that need to be created (or changed) to
influence responses and behavior toward the brand. A number of brand-shaping issues often
must be confronted: overall positioning, synergy within the community, packaging, budget
allocation, stakeholder participation, sponsorship association, co-operative efforts and, of
course, advertising and promotion. Business-building ideas are generated. Positioning lines and
logos are created and tested. Foundation creative is developed.
• Brand concept development
* Three campaign concepts will be developed.
• Positioning line development and testing
*Up to 12 lines will be written with 5 approved lines for testing.
• Foundation creative
- Logo development and guidelines: finished art
*One round of 5 logo concepts will be presented with a round of revision on the
chosen logo direction.
- Marketing materials: conceptual development
*Seven creative executions of the approved concept will be developed.
• Brand building ideas: How the brand extends into all community touch points?
4. Evaluation: How the Brand is Performing
Evaluation yields new information which may lead to the beginning of a new planning cycle.
Information may be gathered from concept pre-testing, campaign impact in the marketplace
and tracking studies to measure a brand's performance over time.
Ideally, two basic questions will be answered: have responses to the brand among target
audiences changed in the way the Community BrandPrintTM intended? And have these changes
resulted in action that will achieve the desired objectives of the brand? Turnkey or do-it-
yourself programs are recommended depending on the needs of the community.
• Recommended Measures of Accountability
• Three Annual Branding Check-Ups
• Geo-demography consumer profiling, Who, What, and Where reports (3 year update)
Note: Here, we conduct a final presentation that delivers the creative product, brand-
building ideas and recommended measures of accountability.
"All
In-market visit Week I
Vision Survey sent, received and entered Weeks 1 —4
Hoteliers collecting/sending visitor record files Weeks 1 —4
Competitive economic development data Weeks 2—6
Inquiry Origin data sent and report mapped Weeks 6 - 8
*Data compiled and mapped Weeks 6 - 8
*Geo-demography who, what and where reports Weeks 6 - 8
*Perception Study Weeks 8 - 12
*Understanding and Insights development Weeks 13 - 14
*Strategy Meeting Weeks 14 - 15
*Understanding and Insights presentation (Mid-point Meeting) Weeks IS - 16
Imagination and Evaluation development Weeks 17-30
Blue Sky Meeting Week 17
Creative Brief Week 17
Brand concepts developed Weeks 17 - 19
Approval of brand concept Week 20
0 Positioning line development and testing Weeks 17 - 22
**Logo development Weeks 22 - 24
Creative concept executions Weeks 25 —26
Final report development Weeks 27—30
Imagination and evaluation presentation Weeks 29— 30
Proposed Timeline Weeks 28-30
* = Time dependent upon how quickly visitor records come in from hoteliers
** = Dependent upon how quickly approval from client is received
Beaumont BrandPrint
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Just as the North Star has guided individuals for centuries, we help communities guide
residents, businesses and visitors to their destinations. We provide complete, research-
based branding solutions specifically for communities. This is the only reason we are in
business.
We have a proven approach that we call Community BrandPrintTM. It combines
research, strategy and creative implementation to assist communities in receiving the
greatest possible return on their investment. North Star assists communities in
discovering their optimum brand positioning, and then leveraging their equity in that
brand through communications and strategic initiatives.
3
i
North Star Destination Strategies, LLC
Colorado Office: Corporate Office: Florida Office:
1911 S. Corona St. 220 Disspayne Drive 11840 69`h Way
Denver, CO 80210 Nashville, TN 37214 Largo, FL 33773
303.362.1570 888.260.7827 727.373.2591
North Star Destination Strategies, LLC was established in 2000 and is owned by:
Don McEachern — CEO
We are over two dozen professionals committed to building strong community brands.
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We believe research, strategy and creativity can connect the
soul of a community to the heart of its consumers.
Through the Community BrandPrint process, we determine Beaumont's most
distinct promise by triangulating your competitive situation, the vision of your
stakeholders and the perceptions of your consumer. From that promise, we craft a
brand strategy that positions Beaumont in the minds of residents, visitors and economic
development influencers. Then, we develop powerful brand-building ideas and effective
communication, all of which reinforce the positioning and assure brand equity and
growth.
Beaumont
BrandPrint Positioning
Vision of Community Competitive Situation
Perception of Consumers&
Influencers
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Don McEachern and David Bohan founded North Star Destination Strategies in 2000.
This venture combined two extensive backgrounds in branding packaged goods,
economic development and tourism destinations.
Don McEachern
CEO
Don McEachern has been growing brands and leading teams for more than 20 years. His
experience includes working for multi-national advertising agencies as well as nationally
recognized creative boutiques. During his time in the ad world, Don put his stamp on
some of the world's most famous brands including Goldkist, Hawaiian Tropic, Suntory
Bottled Water Group, Trump Plaza, Panasonic and Lanier Worldwide. For his efforts he
received numerous awards, including a prestigious national Effie for marketing
effectiveness and a Clio for excellent creativity.
Don has become the recognized expert in the exploding field of community branding.
With a process that combines research, strategy and creative, he has helped create
unique and effective brands for big-name cities like Anchorage, Alaska; Monterey,
California and Williamsburg, Virginia. That same process and passion has also been
applied to small cities that will soon be household names such as Uvalde, Texas and
Warrensburg, Missouri. He is a sought-after speaker on the topics of branding and the
formation of private-public partnerships to fund branding.
Don lives on a horse farm in Nashville, Tennessee, where he spends time with his wife
and three children riding horses, paddling kayaks and playing tennis. As of yet, no
member of his family has been branded.
Steve Chandler
President
A self-proclaimed ad geek, Steve Chandler has more than 10 years experience in
strategic planning and advertising development for regional and national brands. Prior
to joining North Star he enjoyed stints at ad agencies including international branding
agency BBDO. Steve's diverse branding experience in non-destination brands such as
Bayer Advanced, Lava Soap, Citicorp Diners Club, Angel Soft bath tissue, and Sparkle
paper towels provide a unique perspective against his destination experience, which
includes the likes of the Grand Ole Opry; Caribe Royale All-Suites Resort & Convention
Center; Galveston Island, Texas; downtown Anchorage, and Charlottesville, Virginia.
Steve remains true to his advertising roots by serving as past President of the Nashville
Advertising Federation. He is also a contributor to Create magazine and a member of
the Program Advisory Committee for Western Kentucky University's Department of
Advertising and Journalism.
As president of North Star, Steve combines his background in strategic planning with a
passion for marketing to guide North Star's many clients to their ideal community
brand. He is also passionate about his wife, two children, running and playing the guitar
at work (a habit his co-workers are less than passionate about).
David Bohan
Strategic Planning
Bohan started his early working career in advertising and served as the Advertising
Manager for the State of Tennessee, Department of Economic & Community
Development. David has worked in tourism and economic development marketing for
nearly three decades. He helped organize the Tennessee Department of Tourist
Development (the nation's first cabinet-level tourism department) and was its first
assistant commissioner for marketing. He and the department did well, because the
Travel Industry Association of America recognized Tennessee's tourism marketing
program as the country's most innovative.
Outside of state government, Bohan has worked with some of the biggest names in
American travel and tourism. Among them: the Grand Ole Opry, the Opryland Hotel,
the Opryland theme park, Diner's Club, Pigeon Forge Tourism and Beaches of South
Walton. In 2002, the Tennessee Tourism Roundtable saluted Bohan's multi-faceted
career by naming him a "Knight of the Roundtable," the state's highest tourism accolade.
He was the first recipient whose background is in marketing.
David received a Bachelor of Science Degree in Marketing from the University of
Tennessee, Knoxville.
George Piper, Director of Strategic Planning
For more than 30 years, George Piper has worked with national corporations and local
communities, helping identify their key strengths for future marketing efforts and
providing strategic planning for the successful implementation of their programs.
George began his career in New York City with Grey Advertising and Ogilvy & Mather,
working with companies like Toro Outdoor Equipment and Smith Kline/Beecham. A
vice presidential position with DDB/Needham and Y&R prompted George to move to
Chicago. Eventually he left the windy city for Knoxville, Tennessee to become one the
original partners and vice president of Time Warner/Whittle Communications, one of
the most innovative media companies of the day.
George's focus in community-based efforts began in 1996, when he served as a Senior
Strategist for Planning and Community Development for a regional architecture firm.
More recently, George led a multi-disciplinary team of consultants on the development
of an implementation plan for heritage tourism in Oak Ridge, TN.
One of the newest members of North Star's community branding team, George is going
great guns on two fronts. First, his knowledge of community government and strategic
thinking are enhancing the Community BrandPrint process. Second, he is spearheading
the development of North Star's innovative BrandMAP (management action plan)
process, which provides an organizational, funding and tactical roadmap for communities
who need help bringing their BrandPrint to life.
Greg Fuson, Director of Research
For more than 18 years, Greg Fuson has been helping businesses understand their
market through research. He has developed his skills in research design and
management for both quantitative and qualitative research.
Greg has managed research studies for a number of national clients including Nortel
Networks, Cisco Systems, Starbucks, Lowe's, Ruby Tuesday, O'Charley's Restaurants,
and Coca-Cola. Greg also has extensive experience in the tourism industry working
with clients such as The City of Pigeon Forge, East Tennessee Marketing Partnership,
Clarksville Montgomery County Economic Development Council, the Nashville
Convention and Visitors Bureau, Gaylord Entertainment, Nashville Shores Water Park
and the Tennessee Department of Tourist Development. Greg has also worked with
other travel and tourism destinations such as Charlottesville, Virginia; Valdosta, Georgia;
Warrensburg, Missouri; Williamsburg, Virginia and Anchorage, Alaska.
Greg received his Bachelor of Business Administration Degree in the field of Marketing
from Belmont University. Despite his impressive resume, Greg is not a dry numbers guy.
His self-described dream vacation involves riding a train, salmon fishing and lots of good
food.
. Jason Swanson, Tourism Specialist
Jason Swanson has made a career of enhancing tourism communities by providing
strategic planning and implementation assistance to governments and private-sector
tourism businesses
During graduate work at Cornell University's School of Hotel Administration, the
Travel Industry Association of America and the National Tour Association recognized
Jason for his achievement in the industry. In addition,Jason has been selected to make
keynote presentations and lead seminar sessions at several major tourism conferences.
Jason has worked for clients in the restaurant, hotel, country club, tennis center, spa,
convention center, retail, office, marina, golf course, destination, and government
sectors in over 40 markets throughout the United States, the Caribbean, and Asia. He
also serves on the Southeast Tourism Policy Council, the governmental affairs arm of
the Southeast Tourism Society (STS).
Ted Nelson
Strategic Planning—Creative
A native New Englander, Ted started his fifteen year career in Boston, MA. He was
trained at such respected creative agencies as Arnold Advertising and Pagano, Schenck
and Kay, under the watchful eye of several industry legends. He has also served several
stints as Creative Director at the renowned creative factory Babbit & Reiman, award
winning agency Earle Palmer Brown and southeastern powerhouse West Wayne.
Ted's extensive tourism and travel experience give North Star a creative foothold
unmatched by many. Some of his past work includes Days Inns of America, the Bahamas
Ministry of Tourism, USAir, Pinellas County, FL., Georgia Department of Tourism,
Orient-Express Hotels, Hyatt Hotels, and Wild Dunes Resort, SC.
Ted is one of North Star's strongest advocates for the idea of having a single
collaborative team work on research, strategy and creative. According to Ted, an
amazing thing happens when the people who develop the strategies work hand in hand
with the ones who develop the ideas based on them —the transition is seamless; the
work reflects strategy and the strategy is inherent in the work.
Gregg Boling, Strategic Planning—Creative
Gregg Boling has spent more than 20 years in the ad business getting his clients noticed.
His work has been recognized on the local, regional, national and international levels by
virtually every industry publication and professional organization. He has worked as
Creative Director and Associate Creative Director for agencies like The Buntin Group
and Bohan giving him an experienced perspective on building strong brands and the
ability to deliver a multitude of creative solutions to support that brand.
Gregg's unique talents have helped mold community brands from Uvalde, Texas to Ft.
Wayne, Indiana. In addition to his mega-creative skills, Gregg multi-dimensionality makes
him a key player for North Star and its clients. He is equally comfortable providing ideas
and direction in all facets of North Star creative, business and management.
In his spare time, Gregg creates commissioned paintings that can be seen in private and
corporate collections throughout the Southeast.
Brooke Ludwick, Strategic Planning— Creative
A native of Seattle, WA, Brooke has worked in a number of major markets including
San Francisco and Atlanta. Her career experience also features time spent with Target
Corporation as well as several fashion magazines, advertising agencies and record labels.
Brooke brings a pure and classy approach to work done for North Star clients. This
results in outstanding creative that effectively breaks through media clutter with a
deceptive simplicity and style. A graduate of the renowned Portfolio Center in Atlanta,
her work has been recognized locally, regionally and nationally in awards competitions
and publications like Communication Arts. Outspoken with a true performer's heart, you'll
find her writing and recording songs with other music industry professionals when time
allows.
Dori Nicholson, Strategic Planning— Creative
One of North Star's most talented graphic designers, Dori has regional and national
experience developing logos and brand identity packages for an impressive roster of
corporate clients including American Express, Cellular One, BellSouth, Parisian and
Schering-Plough. To North Star clients, Dori is known as the brains behind many of our
community logos. She has developed brand identities for Glasgow, Kentucky; Gwinnett
and Henry Counties in Georgia; Mountain Longleaf Region, Alabama; Mesquite, Texas;
Warrensburg, Missouri; McKinney, Texas and others.
Dori's experience expands beyond identity development to include marketing collateral
such as brochures, annual reports, advertising, newsletters and direct mail. She has won
numerous awards for her work through the Public Relations Society of America and the
American Marketing Association.
Dori received a Bachelor of Arts degree in Visual Communication Design from Purdue
University. She considers her greatest works of art to be her two young children who
recently cheered her on as she ran her first marathon.
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Please see our client list below, as well as the enclosed case studies, as a summary of
tourism and economic development experience.
Alliance, Nebraska Killeen, Texas
Anchorage, Alaska Lansing, Michigan
Anniston, Alabama Lawrence County, Tennessee
Augusta, Georgia Longview, Texas
Bay City, Michigan Lowndes County, Georgia
Beaches of South Walton, Florida Madison, Alabama
Black Hills, South Dakota Meridian, Mississippi
Cape Girardeau, Missouri Mesquite, Texas
Chandler, Arizona McKinney, Texas
Charlottesville, Virginia Mobile, Alabama
Columbus, Georgia Monterey, California
Columbus, Indiana Peoria, Arizona
Concord, North Carolina Pigeon Forge, Tennessee
Conyers, Georgia Plano, Texas
Corinth, Mississippi Plymouth, Michigan
Dothan, Alabama Reading and Berks, Pennsylvania
Douglasville, Georgia Rome, Georgia
Dublin, Ohio Saint Paul, Minnesota
Fort Collins, Colorado Santa Rosa, California
Fort Wayne, Indiana Santa Rosa County, Florida
Gainesville, Florida Sebastopol, California
Galveston Island, Texas Seward, Alaska
Georgetown, Kentucky Shreveport - Bossier, Louisiana
Glasgow, Kentucky Spartanburg, South Carolina
Glendale, Arizona Springfield, Massachusetts
Grand Rivers, Kentucky State Parks of Tennessee
Grapevine, Texas Sumner County, Tennessee
Greeley, Colorado Texarkana Texas
Gwinnett County, Georgia Tulare County, California
Hattiesburg, Mississippi Uvalde, Texas
Henry County, Georgia Warner— Robins, Georgia
Hopkinsville, Kentucky Warrensburg, Missouri
Jackson, Mississippi Williamsburg, Virginia
Kenai, Alaska Williamson County, Tennessee
Kenai Peninsula, Alaska Yarmouth, Massachusetts
k _.
Most companies provide three references — one would assume their best three. Below
please find contact information for all of North Star's completed BrandPrint clients.
Anchorage, Alaska Beaches of South Walton, Florida
245 W 5`h Aveunue, Ste 124 P.O. Box 1248
Anchorage, AK 95501 Santa Rosa Beach, FL 32459
Contact: Contact:
Ms. Becky Beck Ms. Kriss Titus
Executive Director Executive Director
Anchorage Downtown Partnership 850.267.1216
907.279.5660
Calhoun County, Alabama
Ms. Karen Kluesner 1330 Quintard Avenue
VP Client Services Anniston, Alabama 36202
The Nerland Agency Contact:
907.274.9552
Ms. Sherri Sumners
Augusta, Georgia President
P.O. Box 1331 Chamber of Commerce
Augusta, GA 30903 256.237.3536
Contact:
Mr. David Lyons
Mr. Barry White Tourism Director
Executive Director Chamber of Commerce
Augusta CVB 256.237.3536
706.823.6600
Cape Girardeau, Missouri
Bay City, Michigan 100 Broadway
901 Saginaw St. Cape Girardeau, MO 63701
Bay City, MI 48708 Contact:
Contact:
Mr.John E. Mehner
Ms. Patti Stowell President
Economic Development Chamber of Commerce
Mktg. Mgr. 573.335.3312
City of Bay City
989.894.8227 Mr. Chuck Martin
Director
Ms. Shirley Roberts Cape Girardeau CVB
Executive Director 573.335.1631
Bay City CVB
989.893.1222
Chandler, Arizona Conyers, Georgia
215 E. Buffalo St. 1 184 Scott Street
Chandler, AZ 85225 Conyers, GA 30012
Contact: Contact:
Ms. Kimberly Janes Ms. Harriet Gattis
Tourism Director Tourism Manager
City of Chandler City of Conyers
480.782.3037 770.929.4270
Charlottesville, Virginia Dothan, Alabama
P.O. Box 178, 600 College Drive P.O. Box 8765
Charlottesville, Virginia 2290 Dothan, AL 36304
Contact: Contact:
Mr. Mark Shore Mr. Bob Hendrix
Director Executive Director
Charlottesville/Albemarle CVB Dothan CVB
434.293.6789 334.794.6622
Columbus, Georgia Douglasville, Georgia
100 Tenth St. 6694 Broad St.
Columbus, GA 31901 Douglasville, GA 30134
Contact: Contact:
Mr. Carmen Cavezza Ms. Collin Cash-Smith
City Manager Executive Director
706.653.4029 Douglasville CVB
770.947.5920
Mr. Peter Bowden
Director Georgetown Renaissance
Columbus CVB Incorporated
706.322.1613 160 E. Main St.
Georgetown, KY 40324
Mr. Mike Gaymon Contact:
President and CEO
Chamber of Commerce Ms. Darlene Albin
706.327.1566 Main Street Director
502.863.5424
Mr.John Simpson
Director
Tourism Commission
502.863.2547
Glasgow, KY Gwinnett County, Georgia
118 East Public Square 6500 Sugarloaf Parkway, Suite 200
Glasgow, KY Duluth, GA 30097
Contact: Contact:
Mr. Bobby Lee Hurt Ms. Lisa Anders
Chairman Communications and Mktg. Mgr.
Glasgow/Barren Co. Tourist Comm. Gwinnett County CVB
270.646.2151 770.623.3600
Glendale, Arizona Hattiesburg, Mississippi
5850 W. Glenn Dr. P.O. Box 16122
Glendale, AZ 85301 Hattiesburg, MS 39404
Contact: Contact:
Ms. Elaine Scruggs
Mr. Richard Taylor
Mayor Director
623.930.2260 Hattiesburg CVB
601.268.3220
Grand Rivers, Kentucky Henry County, Georgia
P.O. Box 102 1709 Highway 20 West
Grand Rivers, KY 42045 McDonough, GA 30253
Contact:
Contact:
Mr. Bill Gary Ms. Kay Pippin
Chairman Executive Director
Grand Rivers Tourism Commission Chamber of Commerce
270.362.8364 770.957.5786
Grapevine, Texas Jackson, Mississippi
One Liberty Park Plaza 921 North President Street
Grapevine, TX 76051 Jackson, MS 39202
Contact: Contact:
Mr. George Kakos Mr.John Lawrence
Assistant Executive Director President
Grapevine CVB Jackson Downtown Partners
817.410.3185 601.353.9800
Mr. Paul W McCallum Ms. Wanda Perry
Executive Director, CVB Director,Jackson CVB
817.410.3185 601.960.1891
Ms.Janet Scott
Executive Director,Jackson Arts Alliance
601.960.1557
..�
Lansing, Michigan Mobile, Alabama
1223 N. Turner St. 10`h Floor Government Plaza
Lansing, MI 48906 Mobile, AL 36633
Contact: Contact:
Mr. Lee Hladki Mr. Mike Dow
President Mayor
Greater Lansing CVB City of Mobile
517.377.1404 251.208.7395
Ms. Tracy Padot Mr. Landon Howard
Director, Mktg. Communications Vice President
Greater Lansing CVB Mobile CVB
517.377.1419 251.208.2003
Lawrence County, Tennessee Pigeon Forge, Tennessee
P.O. Box 86 P.O. Box 1390
Lawrenceburg, TN 38464 2450 Parkway
Contact: Pigeon Forge, TN 37868
Contact:
Mr. Randy Brewer
President Mr. Leon Downey
Chamber of Commerce Executive Director
931.762.4911 Department of Tourism
865.453.8574
Mesquite, Texas
1515 N. Galloway Plano, Texas
Mesquite, TX 75149 2000 E. Spring Creek Pkwy.
Plano, TX 75074
Mr. Tom Palmer Contact:
Economic Development Manager
City of Mesquite Mr. Mark Thompson
972.216.6340 Executive Director
Plano CVB
McKinney, Texas 972.422.0296
222 N. Tennessee St.
McKinney, TX 75069 Reading and Berks County,
Contact: Pennsylvania
352 Penn St.
Ms. CoCo Good Reading, PA 19602
Dir. Of Mktg. and Communications Contact:
City of McKinney
972.547.7508 Ms. Crystal Seitz
President
Visitors Bureau
610.375.4085
Rome, Georgia Spartanburg, SC
402 Civic Center Drive 145 West Broad Street
Rome, GA 30161 Spartanburg, SC 29304
Contact: Contact:
Ms. Lisa Smith Mr. Randy Barnett
Executive Director Mayor
Rome CVB City of Spartanburg
706.295.5576 864.596.2020
Santa Rosa County Tourism Mr. Mark Scott
Development Council City Manager
8543 Navarre Parkway City of Spartanburg
Navarre, FL 32556 864.596.2026
Contact:
Ms.Jules Bryant
Ms. Kathy Newby Director
Executive Director Spartanburg CVB
Santa RosaTDC 864.594.5051
850.939.3267
Springfield, Massachusetts
Seward, Alaska 1 141 Main Street
P.O. Box 749 Springfield, MA 01 103
Seward, AK 99664 Contact:
Contact:
Ms. Mary Kay Wydra
Ms. Laura Cloward President
Executive Director Greater Springfield CVB
Seward Chamber of Commerce 413.787.1548
907.224.8051
Mr. Craig Rydin
Ms. Vanta Shafer CEO
Mayor Yankee Candle Company
City of Seward 416-665-8306
907.224.8060
Sumner County, Tennessee
P. O. Box 947
Gallatin, TN 37066
Contact:
Ms. Kaye Ireland
Executive Director
Sumner County CVB
615.230.8474
Texarkana, Texas Williamsburg, Virginia
P. O. Box 1468 6665 Delmar Blvd., Suite 300
Texarkana, TX 75504 St. Louis, MO 63130
Contact: Contact:
Mr.Jim Cherry Mr. Terry Herbert
President Momentum Advertising
Chamber of Commerce 314.290.8628
903.792.7191
Williamson County, Tennessee
Uvalde, Texas P.O. Box 156
300 East Main Street Franklin, TN 37065-0156
Uvalde, TX 78801 Contact:
Contact:
Mr.John Whisenant
Ms.Joanne Nelson Vice President of Tourism
Executive Director 615.794.1225
Uvalde CVB
800.588.2533
Yarmouth, Massachusetts
Valdosta, Georgia 424 Route 28
1 Meeting Place West Yarmouth, MA 02673
Valdosta, GA 31601 Contact:
Contact:
Mr. Bob Dubois
Ms. Evelyn Langdale Executive Director
Volunteer for Image Campaign Chamber of Commerce
Valdosta -Lowndes Co. CC &Tourism 508.778.1008 x I 1
229.245.9521
Ms. Karen Greene
Warrensburg, Missouri Director of Community Development
100 South Holden St. Town of Yarmouth
Warrensburg, MO 64093 508.398.2231 x278
Contact:
I
Ms. Tammy Long
Executive Director
Chamber of Commerce and
Visitor's Center
660.747.3168
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4
November 7, 2006
Consider authorizing the City Manager to execute a contract with Fannie Mae's Housing and
Community Development Division to accept a grant to assist in the repair of residential structures
damaged by Hurricane Rita
0 ..�. City of Beaumont
•�• Council Agenda
� - ,� Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 1, 2006
REQUESTED ACTION: Council authorization of a resolution authorizing the City Manager to
execute a contract with Fannie Mae's Housing and Community
Development Division to accept a$50,000 grant to assist in the repair
of residential structures damaged by Hurricane Rita.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute a contract with Fannie
Mae's Housing and Community Development Division to accept and administer the distribution of
$50,000 to assist in the rehabilitation of owner-occupied homes oflow and moderate income elderly
and/or disabled persons whose home were damaged by Hurricane Rita.
BACKGROUND
An application was made to Fannie Mae's Housing and Community Development Division for
financial assistance to help in the repair of homes damaged in our community by Hurricane Rita. The
City of Beaumont received a $50,000 grant from Fannie Mae's Renaissance Fund for the
rehabilitation ofowner-occupied homes oflow and moderate income elderly and/or disabled persons.
The assistance criteria attached to this grant are consistent with our Housing Program Guidelines for
Disaster Recovery. Therefore,we are proposing to administer these funds consistently with the$5.1
million Community Development Block Grant awarded as a result of Hurricane Rita.
�I
0 BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Director of Public Works, Development Services Manager.
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 contracts with Fannie
Mae's Housing and Community Development Division to accept and administer the
distribution of a $50,000 grant to assist in the repair of residential structures damaged by
Hurricane Rita.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
5
November 7, 2006
Consider approving the purchase of eight (8)LifePak 12 defibrillators to be used on the City's
EMS ambulances
i
•
City of Bea ulei mont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: October 26, 2006
REQUESTED ACTION: Council consider the purchase of eight(8)LifePak 12 defibrillators.
RECOMMENDATION
Administration recommends the purchase of eight(8)LifePak 12 defibrillators and accessories from
Medtronic Physio-Control of Redmond, WA in the amount of$123,185.
BACKGROUND
Cardiac monitors, known as defibrillators, are installed on the City's EMS ambulances and are
operated by trained Emergency Medical Technicians and Paramedics who provide advanced life
support to patients suffering from cardiac arrest and/or cardiac arrhythmia. The defibrillator is used
to direct a brief high-energy pulse of electricity to the heart by using electrodes or paddles applied
directly to the chest.
Paramedics gather and enter information, such as the patient's name, age, gender, and vital signs,
into the defibrillator's computer while the defibrillator monitors the patient's condition based on
information such as the oxygen content in the blood, the heart beat rhythm, and the shock tally. A
report of the patient's condition is transmitted through the ambulance's cellular phone system to the
emergency room where the attending physician can begin an evaluation prior to the patient's actual
arrival in order to better prepare for the patient and begin treatment more quickly.
The new LifePak 12 defibrillators will replace older equipment. The unit pricing shown below
includes a trade-in allowance of$1,000 each for eight (8) obsolete Medtronic defibrillators. The
purchase also includes five(5)rechargeable batteries and a battery charger. While each defibrillator
requires two(2)batteries,EMS has a supply of rechargeable batteries and only five(5)new ones are
required at this time with one (1) battery charger. Itemized pricing is as follows:
Purchase Eight (8)Defibrillators
October 26,2006
Page 2
Quantity Description Unit Price Total Price
8 LifePak 12 Defibrillators $15,077.25 $120,618.00
including trade-in allowance of$1,000
5 Rechargeable Batteries $227.80 $1,139.00
1 Battery Charger $1,428.00 $1,428.00
TOTAL: $123,185.00
This purchase is exempt from competitive bidding since the Medtronic Life Pak 12 defibrillators are
available from only one (1) source.
BUDGETARY IMPACT
Funds for this expenditure are budgeted in the Capital Reserve Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Health Director, Chief Financial Officer.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of eight (8) LifePak 12 defibrillators
and accessories to be installed on the City's EMS ambulances from Medtronic Physio-
Control, Redmond, Washington, in the amounts shown below for a total of $123,185:
Quantity Description Unit Price Total Price
LifePak 12 Defibrillators
8 including trade-in allowance of$1,000 $15,077.25 $120,618.00
5 Rechargeable Batteries $227.80 $1,139.00
1 Battery Charger rY 9 $1,428.00 $1,428.00
TOTAL: 1 $123,185.00
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
! 6
November 7, 2006
Consider approving a total payment of$25,000 to the Bracewell & Giuliani Law Firm and the
Ben Barnes Group for lobbying assistance at the federal and state level
City of Beaumont
Woftw CI!. Council Agenda� - � • � g a Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 2, 2006
REQUESTED ACTION: Council consider approving a total payment in the amount of$25,000
to the Bracewell&Giuliani Law Firm and the Ben Barnes Group for
lobbying assistance at the federal and state level.
BACKGROUND
Regina Rogers initially assisted in the hiring of the above Firms and paid for their services for a
number of months after Hurricane Rita made landfall to ensure that Beaumont and Southeast Texas
received its fair share of federal and state funding for recovery efforts. The City Council approved
funding for the Firms in the amount of$25,000 on June 6, 2006. Other Southeast Texas cities and
governmental entities also made contributions to the Firms.
As a part of the $74.5 million in Community Development Block Grant funds awarded to the State
of Texas,the City of Beaumont will receive$5,145,000 for recovery funding utilized for Emergency
Repair, Home Owner Occupied Rehabilitation and Single-Family Rental Rehabilitation Programs.
Additional Community Development Block Grant funds have also been awarded to the State of
Texas. The Firms were instrumental in helping secure the federal funding as well as increased
reimbursements from the Federal Emergency Management Agency. (See attached).
BUDGETARY IMPACT
Funds are available for this payment from a $100,000 donation which was made to the City from
Farmers Insurance Group,
RECOMMENDED BY
City Manager.
w
Recovery Coalition of Southeast Texas LLC, State of Texas
and Texas Congressional Delegation Accomplishments On
Behalf Of Texas Hurricane Recovery
➢ HB 4440 GO Zone Tax Bill — IRS Publication 4492 (Assist SE Texans impacted
by Hurricane Rita)
➢ 74.5 million in Community Development Block Grant funds, which are
administered by HUD. ($39 million designated to Jefferson, Orange and Hardin
Counties)
$88 million in Social Services Block Grant funds, which are administered b The
Department of Health and Human Services. y
➢ 31 million from the Corps of Engineers to begin repair of the Sabine-Neches
waterway and jetties.
➢ $7.6 million for the causeway bridge that connects Jefferson County to Cameron
Parish, La.
➢ $50 million in school restart funds for Hurricane Rita.
• ➢ $712,500 of $25 million available from the USDA fora u
q aculture shrimp
producers affected by the 2005 hurricanes. Texas has requested $170 million for
agriculture, forestry and rural disaster aid. More funding decisions in this area are
forthcoming. State officials have been promised another $32 million in
emergency forestry conservation funds, $14 million in emergency watershed
protection funds and $17 million in emergency conservation funds.
➢ Texas has been approved for $2.7 billion in FEMA reimbursements for recovery
costs in the Individual Assistance and Public Assistance programs, including
debris removal reimbursement.
➢ Texas has been approved for $180 million in Small Business Administration
funding for low-interest loans to small businesses and individuals affected by
Hurricane Rita, and SBA has disbursed $20.7 of that amount.
➢ $142 million from the Health and Human Services Centers for Medicare and
Medicaid Services for costs of caring for Hurricane Katrina evacuees. However,
the state only can use about $45 million to $50 million of this because it is limited
to care provided prior to Jan.31.
➢ $35 million in school impact aid for Hurricane Katrina.
• ➢ $20 million from the Department of Justice to address public safety in Houston
area.
• Current and Future Federal Priorities For
Texas Hurricane Recovery
Current Priorities for the 4th Supplemental Appropriations
1. Community Block Development Grant Money (CDBG)
➢ To defend the additional $1 Billion CDBG funds we secured in the Senate in
addition to the $4.2 Billion in CDBG funds we secured in the House for Hurricane
Recovery
➢ Persuade HUD to provide $600 Million of the above mentioned additional $1
Billion in CDBG money for Texas' Hurricane Rita housing and infrastructure
needs
➢ Ensure that CDBG funds granted to Texas go to our affected areas
2. Defend our Senate 90110 FEMA Reimbursement Increase in Conference
• ➢ $200 Million worth of reimbursement cost to Southeast and Dee East Texas'
counties P s 22
3. Education for Katrina Evacuees
➢ Defend the $650 million for Katrina evacuee education for Texas
Federal Fiscal Year 2008 Priorities:
➢ Housing Needs
➢ $45 Million in Tax Credits for housing development through
appropriate moving legislation
➢ Accelerated depreciation for housing
➢ Sabine-Neches Waterway Navigation Needs
➢ $10 Million for dredging for the Lower Neches ship channel
• ➢ $180 Million for Jetty Reconstruction
• RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves payment in the amount of $25,000 to Bracewell
& Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and
state level for funds in the recovery effort from Hurricane Rita.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
• - Mayor Guy N. Goodson -
• 7
November 7, 2006
Consider approving a contract for the construction of the Central Park Community Center
•
•
��.. City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 7, 2006
AGENDA MEMO DATE: November 2, 2006
REQUESTED ACTION: Council approve a contract for the construction of the Central Park
Community Center.
RECOMMENDATION
Administration recommends the award of a bid to McInnis Construction of Silsbee,TX in the amount
of$748,540 for furnishing all labor, materials and equipment necessary to construct a community
center at Central Park located at the corner of Fannin and 4'.
BACKGROUND
In 2005, the Central Park Community Center was damaged by Hurricane Rita. At the time, the
facility housed the Police Department's Family Violence Division offices and served as a community
center available for rental. After the storm,the facility was closed and the Family Violence Division
was relocated.
A new community center was designed by Rob Clark ofArchitectural Alliance. The new community
center consists of a large assembly room, a rear catering entrance, patio, kitchen, storage, and
restrooms. The seating capacity accommodates 200 assembly style, 150 seated at rectangular shaped
tables and approximately 100 seated at round tables. The building has been designed to minimize
damage and maintenance. Some ofthe amenities include ceramic tile floors and baseboards for easier
clean up and maintenance,grommets installed in the as
etc., sembly room walls for placement of banners
and posters, stainless steel kitchen countertops with sufficient electrical outlets for warming trays,
space below countertops for ice chests, a large storage room for tables and chairs, a janitor
closet and large restrooms designed to accommodate the number of guests at an event. In addition,
there will be new exterior lighting and expanded parking.
The first of several new community centers to be constructed in over twenty years (20) years will
provide citizens with a functional as well as an attractive centerpiece to the park. The building was
Construction of Central Park Community Center
November 2, 2006
Page 2
designed so that the same floor plan can be enlarged or reduced for construction at all designated
community parks scheduled for replacement.
Eight (8)bids were received Thursday, October 26, 2006. They are as follow:
Contractor Price Completion Time
McInnis Construction $748,540 160 days
Silsbee, TX
Pelco Construction $781,600 245 days
Liberty, TX
N& T Construction Co., Inc. $805,500 180 days
Orange, TX
Goss Building, Inc. $841,851 180 days
Beaumont, TX
H. B. Neild and Sons $854,500 210 days
Beaumont, TX
Cleveco Construction $872,000 180 days
Lumberton, TX
SeTex Construction Corporation $970,000 240 days
Beaumont, TX
Brammer Construction $976,342
Nederland, TX 180 days
McInnis Construction plans to subcontract approximately 13% of the project to certified Minority
Business Enterprise companies.
Work is expected to commence by the 1"of December and be completed in approximately 160 days.
BUDGETARY IMPACT
Funds for this project are available from insurance proceeds and the Capital Program Fund.
PREVIOUS ACTION
None.
Construction of Central Park Community Center
November 2, 2006
Page 3
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Capital Projects Manager and Director of Public Works.
RESOLUTION NO.
WHEREAS, bids were received for a contract to furnish all labor, materials and
equipment necessary to construct a community center at Central Park located at the corner
of Fannin and 4th Streets; and,
WHEREAS, McInnis Construction of Silsbee, Texas, submitted a bid in the amount
of $748,540; and,
WHEREAS, City Council is of the opinion that the bid submitted by McInnis
Construction of Silsbee, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by McInnis Construction of Silsbee, Texas, for a contract to furnish
all labor, materials and equipment necessary to construct a community center at Central
Park located at the corner of Fannin and 4th Streets in the amount of $748,540 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2006.
- Mayor Guy N. Goodson -
• �� INTER-OFFICE MEMORANDUM
City of Beaumont, Texas
Public Health
Department Date:November 3, 2006
To: Kyle Hayes, City Manager
From: Kathy Scofield-Health Services Manager
Subject: Code Enforcement Division
COMMENTS
Attached is an overview of the Code Enforcement Program. Included are program objectives,enforcement
procedures,program challenges and program changes.
Please contact me if you have any questions or concerns.
• Attachments
Beaumont Public Health Department
Code Enforcement Division
Program Overview
The Code Enforcement Division of the Beaumont Health Department is responsible for
enforcement of a variety of municipal codes and ordinances which were created to promote the
health, safety, and welfare of the citizens of Beaumont. This includes enforcement of ordinances
which regulate high weeds and grass, litter,junked motor vehicles, general nuisances, standing
water, etc.
The goal of Code Enforcement is to help maintain and improve the quality of our community by
administering a fair and unbiased enforcement program to correct violations of city codes. Code
Enforcement Officers work closely with residents, neighborhood associations and other city
departments to actively enforce city codes, facilitate voluntary compliance and participate in
special clean up projects
Currently, Code Enforcement is budgeted for nine (9) full time employees which includes five
(5) full time code enforcement officers, three clerical support employees and a division
manager. The fifth code enforcement officer position, which was added in the FY 2007 budget,
is currently in the process of being filled. There is also one additional Code Enforcement Officer
who is responsible for enforcement of codes within the Oaks Historic District. This officer is a
part of the Public Works Department and works closely with the Code Enforcement staff.
Specific program objectives include:
1. Improving the overall visual appearance
of the '
pp city of Beaumont
2. Reducing program costs
3. Actively facilitating voluntary compliance with city codes
Enforcement Procedures
Each type of complaint received by Code Enforcement has a specific abatement process and
each reported violation must be viewed by a code enforcement officer. In addition to response to
complaints, systematic inspections are performed throughout the city. Written notices are issued
for each violation identified requiring the owner to comply within a specified time period.
For weed violations, if the property is not cut by the abatement date, it is placed on a mow sheet
to be cut by a city contractor. For litter violations, when citizens fail to bring their properties
into compliance, charges are filed in Municipal Court. An Environmental Court has been
established and all code enforcement cases are brought before the Magistrate on Thursday
mornings. Junk motor vehicles which are not brought into compliance within the designated time
frame are removed by a wrecker. Ownership of the junk motor vehicle is then transferred to the
wrecker service to be demolished.
Code Enforcement is responsible for the maintenance of 94 identified "abandoned" lots and 259 "
city" lots."Abandoned" lots are identified as privately owned properties which are listed on the
tax roll with no known name and/or mailing address. The majority of the "abandoned" properties
are vacant lots. "City" lots include properties that are owned by the city of Beaumont or Jefferson
County. Also included in this group are unimproved street rights-of-way. Each of these
properties are scheduled for routine mowing five to six times during the year. Scheduled
mowing of these lots begins in March. Some of these lots may be cut more often if needed. In
FY 2006, the mowing costs for city and abandoned lots totaled $45,965.
Code Enforcement is also responsible for enforcement of the weed ordinance on all privately
owned properties. During FY 2006, a total of 2,977 notices were issued for weed violations,
which resulted in approximately 1600 cuttings of privately owned property. Contractor costs for
mowing privately owned property totaled $72, 928. If a property is found to be in violation
within twelve months after a notice is issued, it can be cut by the city without additional
notification to the property owner.
Program Challenges
Staff continues to receive numerous citizen complaints concerning privately owned lots with
downed trees, limbs, etc. A large majority of these violations are on privately owned vacant lots.
Code Enforcement's procedure is to issue written notice to the property owner in an attempt to
achieve owner compliance. In a number of instances, the downed trees make it impossible for the
grass to be cut. If the violation is not corrected, charges are filed in Municipal Court. A number
of these reported violations are not only unsightly, but are beginning to pose serious health
issues. In order to address these public health issues, some of these privately owned properties
are being cleared by city contractors. In these instances, property owners are billed and liens are
filed on the property. However, financial restraints limit the number of these privately owned
lots that we can clear.
Staff continues to look for ways to make absentee property owners accept responsibility for
maintenance of their own property. The majority of the properties that we cut or clear are vacant
lots. In many instances, owners live out of town or are unwilling or financially unable to
maintain property. In some cases, we have been unable to identify or locate the property owners.
However, we are currently exploring avenues to expand our search capabilities.
Code Enforcement is working with software which was written in 1987. This software is
outdated and must be replaced. Management is looking at purchasing new software that will
meet current needs.
Program Changes
Currently the city is divided into three enforcement districts. Staff is working to reassign areas
and to divide the city into six districts. The Oaks Historic District has been identified as one of
these six districts. A Code Enforcement Officer will be assigned to each district and will work
within his/her assigned area. Enforcement will be in response to citizen complaints, as well as,
active surveillance within each district. Staff will also continue to participate ins special clean u
p p
projects, as well as, "Neighborhood Sweeps."
Currently charges are filed against property owners for all litter violations not brought into
compliance. Charges will also be filed for all weed violations not brought into compliance. In
addition to charges being filed, properties in non compliance will be placed on a mow list to be
cut by the city. Property owners will be billed for the costs and liens may be placed on the
properties if bills are not paid.
Staff proposes to initiate an aggressive community awareness program. The purpose of this
program will be to instill community pride in the appearance of the city and to encourage
citizens to accept responsibility by maintaining their own property. The city will aggressively
enforce environmental codes by filing charges against individuals who fail to do so.
•
a.
Public Works Department
Development Services
Dangerous Structures:
There are currently 528 structures in the City's system. Of this amount, 81 structures are
in a work program; 206 are awaiting their first Council order and 193 structures did not
comply with Council orders and are in the process of being demolished.
The following chart shows the current status of these tagged structures:
Dangerous Structures Status
Sturctures in a
Structures Not Work Program (81)
Meeting Council
Order and in the -
Process of Being
Demolished(193)
Structures Awaiting
their 1st Council
Order(206)*
*78 to go to City Council on December 5,2006
•
Additional Details About Dangerous Structure Statistics Since January 1, 2006•
Dangerous structure complaints 417
Dangerous structure inspections 3,882*
Notices issued 1,325*
Total structures tagged 528
Structures in a work program 81
Structures awaiting first Council Order 206
Structures that did not comply with Council
Order and are now in the process of being
Demolished. 193
Residential structures demolished 225
Commercial structures demolished 11
Also, attached is a diagram outlining the Dangerous Structure Condemnation Process.
*Multiple Inspections are done and multiple notices are mailed for each structure.
City of Beaumont
1
A X Dangerous Structures
• Condemnation Process
/Owner January 2005
` Contacts
\
city /
Owner Owner Consents Owner Enters
Demolishes to Demolition Work Program
>+.nurture _ by City (150 days)
- -City --- -
Demoiiahes Substantial
Stn ucture Completion
Ye N
60 days to Request
obtain CO N Condemnation
Order
Yes
C � � Raze or
Repair/Raze
Order
Raze Repair/Raze
Order Order(150 days)
-City Substantial
Demolishes 4-No Completion
Structure (90 days)
Yes
N 60 days to
obtain CO
Yes
CtJ'
lined