HomeMy WebLinkAboutRES 06-349 RESOLUTION NO. 06-349
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
Public Management, Inc., Cleveland, Texas, in the amount of$125,000 to implement the
City's 2006 Texas Community Development Block Grant Disaster Recovery Program. 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 14th day of
November, 2006.
AW UM
w - Mayor Guy N. Goodson -
s
MANAGEMENT SERVICES CONTRACT
STATE OF TEXAS S
S . KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON S
This agreement made and entered
by and between PUBLIC MANAGEMENT, INC. of Cleveland, Liberty County, Texas
(herein called Consultant) and the CITY OF BEAUMONT, Texas (herein called City) for
the purpose of retaining Consultant to render services to implement the City's 2006 Texas
Community Development Block Grant (TXCDBG) Disaster Recovery Program, which is
administered by the Office of Rural Community Affairs (ORCA).
I.
Consultant agrees to provide City with services as follows:
a) Provide administrative assistance including but not limited to budget revisions, time
schedules,record maintenance, and amendments requiring prior ORCA approval.
b) Assure compliance with performance standards for citizen participation.
c) Prepare and maintain a written Environmental Review Record; assist in compliance
with Flood Plain and Wetlands Management review guidelines.
d) Implement and document real property acquisition and relocation assistance .
activities.
e) Develop, implement and document Fair Housing and Equal Opportunity requirements
and serve as the City's Fair Housing Officer during the course of this Program:
Implement and document labor standards and contract compliance regulations isn
Program projects/activities.
g) Assist in the maintenance of a financial accounting system incidental to the various
Program projects/activities.
h) Assist in other measures and matters incidental to and necessary in carrying out the
City's Program.
i) Advise the City concerning Program requirements and regulations.
j) Act as the City's liaison with ORCA on all communications.
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EXHIBIT "A"
k) Prepare necessary reports about the Program, including the performance report for
ORCA the Mayor, City Council and citizens' groups.
It is specifically agreed and understood that the Consultant will not provide either
personally or by contract any professional or technical services requiring a license by the
State of Texas in any phase or aspect of the foregoing rather, Consultant will advise City
of the need of such services in furtherance of the planned objectives of the City's
Program.
II
Consultant hereby agrees that in the implementation of this agreement, he will
comply with the provisions of Attachment 1--Terms and Conditions, which document is
attached hereto and incorporated herein for all purposes, as if set out herein verbatim. .
III.
The City is awarding this contract in accordance with the State of Texas
Government Code 2254, Professional and Consulting Services.
IV.
It is agreed by the parties hereto that Consultant will, in the discharge of services
herein, be considered as an Independent Contractor as that term is used and understood
under the laws of the State of Texas and further for the purposes of governing
Consultant's fees under the Procurement Standards of Attachment O of OMB Circular
No. A-102 and Title 24 CFR Part 570.200 (g) Consultant Activities.
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V.
For and in consideration of the foregoing,City agrees to pa Consultant a fee not to
exceed ONE HUNDRED TWENTY-FIVE THOUSAND AND N01100 DOLLARS
($125,000.00) payable upon receipt of invoice from Consultant in accordance with the .
following:schedule:
Fee Schedule
Set Up Record Keeping System......................................................... $8,500.00
Preliminary Administrative Requirements........... .... 8,500.00
............................
Environmental Review........... ..................................................... 12,500.00
Special Conditions Fulfilled..........:................................................ 8,500.00
Acquisition............................................................................. 8,500.00
Financial Management/Drawdowns................................................... 14,500.00
Equal Opportunity Requirements..................................................... 2,000.00
Fair Housing Requirements......................................................... 2,000.00
Coordinate Contractors/Special Districts and City Personnel.................. 7,000.00
Special Consultants/Subcontractors................................................. 12,500.00
ORCA Liaison........................................................ ...............
7,000 00
Bid Documents/Bid Timetable/Bid Award.......................................... 7,000.00
Construction/Demolition Compliance/Davis Bacon................................ 7,000.00
Reporting and Correspondence.......................................
Closeout Documents...............: ........................................:........ 12,500.00
It is also agreed that payments to such Consultant shall be subject to adjustment
where monitoring reviews or audits by ORCA indicate that personal services were
compensated at greater than reasonable rate.
VI
The Public Works Director or his/her designated representative will 'act as the
Consultant's primary contact regarding all matters in connection with the Program.
VII.
This agreement shall extend and be in full force until the City's 2006 TXCDBG
program has been fully closed out by ORCA.
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VIII.
If either party shall fail to keep any of the agreements herein by him to be kept, or
to make any payments by him to be made, the other party may, by giving the party in
default written notice; cancel and terminate this agreement as and from the expiration of
five.(5) days of receipt of said notice. In the event of termination, City agrees to pay
Consultant for all'services actually performed and expenses incurred as of the date. of
termination in accordance with the schedule set forth in Paragraph V hereof. It is'
specifically agreed and understood by the parties hereto that, in the event of breach by
Consultant, City reserves and preserves unto itself any and all remedies, a'dministrative,
legal, or equitable as may accrue to it either under the terms of this agreemnt or the laws
of the State of Texas or of the United States.
IX.
City, ORCA, the Federal grantor agency, the Comptroller General of the United
States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of.the Consultant which are directly pertinent.to this
contract, for the purpose of making audit, examination, excerpts, and transcriptions.
Consultant agrees hereby to maintain all records made in connection with this agreement
for a period of three (3) years after City makes final .payment and all other pending
matters are closed. ,
X.
If,by reason of force maj eure, either party hereto shall be rendered unable, wholly
or in part, to carry out its obligations under this agreement, then if such party shall give
notice and full particulars of such force majeure in writing to the other party within a
reasonable time after the occurrence of the event or cause relied on, the obligation of the
party giving such'notice, so far as it is affected by such force majeure, shall be suspended
during the continuance of the inability then claimed, but for no longer period, and such
.party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term "force majeure" as employed herein shall mean acts of God, acts of
public enemy, orders of any of the Government of the United States or of the State of
Texas, or any civil or military authority, and any other cause not reasonably within the
control of the party claiming such inability.
XI.
This document embodies the .entire agreement of the parties hereto and no
amendment, addition, or deletion will be valid except same be in writing and executed by
the parties.
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XII.
If a portion of this contract is or be declared illegal, the validity of the remainder
and balance of the contract shall not be affected thereby.
PUBLIC MANAGEMENT,INC.
P. 0. Box 1827
Cleveland, Texas 77328
281592-0439
J.ANDREW RICE
President
CITY OF BEAUMONT
KYLE HAYES
Mayor
ATTEST:
ROSE ANN JONES
City Clerk
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ATTACHMENT 1
TERMS AND CONDITIONS
I.
Equal Employment Opportunity
During the performance of this Contract, the Consultant agrees as follows:
a). The Consultant will. not discriminate against any employee or applicant for
employment because of race,'creed sex, color or national origin. The Consultant will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, sex color or national
origin. Such action shall include, but not be limited to, the.,following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the County
setting forth provisions of this non-discrimination clause.
b) The Consultant will, in all solicitation or advertisements for employees placed by or
on behalf of the Consultant, state that qualified applicants will receive consideration:for
employment without regard to race, creed, color, sex, or national origin.
c) The Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
d) The Consultant will include the provisions a. through c. in every subcontract or
purchase order unless exempted.
' II.
Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds.of
race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be. subjected to discrimination under any program or activity receiving Federal
financial assistance.
61.
III.
Section 109 of the Housing and Community Development of 1974
No person in the United States shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
IV.
"Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities
a) The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development of 1968, as amended, 12 U.S.C. 1701u. 'Section 3 requires that.to the
greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
b) The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development.
set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to this Contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements.
c) The Consultant will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, if any,
a notice advising the said labor organization or . workers' representative of his
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d) The Consultant will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 C.F.R. Part 135. The Consultant will"not
subcontract with any subcontractor where he has notice or knowledge that the latter has
been found in violation of regulations under 24 C.F.R. Part 135 and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R.
Part 135, and all applicable rules and orders of the.Department issued her-under prior to
the execution of the contract, shall be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance, its
successors and assigns. Failure to fulfill these requirements shall subject the applicant or
recipient, his contractors and subcontractors, his successors and assigns to those sanctions
specified by the grant or loan agreement or contract through which federl assistance is
provided, and to such sanctions as are specified by 24 C.F.R. Part 135.
V.
Section 503 Handicapped Affirmative Action for Handicapped Workers
a) The .Consultant will not discriminate against any employee or applicant for
employment because of physical or mental handicap,in regard to any position for which
the employee or applicant for employment is qualified. The Consultant agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified
handicapped individuals without discrimination based upon their physical or mental
handicap inall employment practices such as the following: Employment, upgrading,
demotion or transfer, recruitment, advertising layoff or termination rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
b) The Consultant agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
c) In the event of the Con'sultant's non-compliance with requirements of this clause,
actions for non-compliance may be taken in accordance with rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
d) The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided
by or through the contracting officer. Such notices shall state the contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
e) The Consultant will notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the contractor
is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to
take affirmative action to employ and advance in employment physically and mentally
handicapped individuals.
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f) The Consultant will include the provisions of this clause in every subcontract or
purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the
Secretary issued pursuant to Section .503 of the Act, so that such provisions will be
binding upon each subcontractor with respect to any subcontract or purchase order as the
Director.of the Office of Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non;compliance.
VI.
Interest of Members of City
No member of the governing body of the City and no other'officer, employee, or agent
of the City who exercises any functions or responsibilities in connection with the
planning and carrying out of program, shall have any personal financial interest, direct or
indirect, in this Contract and the Consultant shall take appropriate steps to assure
compliance.
VII.
Interest of Other Local Public Officials
No member of the governing body of the locality and no other.public official of such
locality, who exercises any functions or responsibilities in connections with the planning
and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Consultant shall take appropriate steps to assure
compliance.
VIII.
Interest of Consultant and Employees
The Consultant covenants that he presently has no interest and shall not acquire interest,
direct or indirect, in the study area or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of his services hereunder.
The Consultant further covenants that in the performance of this contract, no person
having any such interest shall be employed.
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