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HomeMy WebLinkAboutPACKET JUL 28 2009 RICH WITH OPPORTUNITY BEA,[1M011* T - E - X - A • S REGULAR MEETING OF THE CITY COUNCIL CIVIC CENTER JULY 28, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities B) Approve a resolution authorizing the City Manager to execute Change Order No. 2 for additional work at the North End Community Center C) Approve a resolution authorizing the City Manager to sign a Memorandum of Understanding the Texas Department of Public Safety relating to guidelines for use of mutual-aid radio channels D) Approve a resolution authorizing the City Manger to execute all documents necessary for the Southeast Texas Auto Theft Task Force(City of Beaumont) to transfer a vehicle title to the Hardin County Sheriff's Office E) Approve a resolution authorizing the settlement of the lawsuit styled Linda Thomas, et al v. City of Beaumont A CH W 1 1,If 0 P P 0 k, r T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager / PREPARED BY: Laura Clark, Chief Financial OfficerU`�' MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities. RECOMMENDATION Administration recommends authorizing the City Manager to execute the renewal of a lease agreement with Walker Brothers Properties, LLC for a term of two (2) years. The new lease will begin August 1, 2009 and expire on July 31, 2011. BACKGROUND Since 2000, the City of Beaumont has operated EMS Med No. 5 at 6452 Concord to serve a target area of the North end of Beaumont, generally North of Lucas and Folsom Roads. The property consists of approximately 900 square feet of office space. The Landlord is proposing a monthly rental fee of$1,450.00, a 9.8% increase over the previous monthly rate of$1,320.00. The Landlord justifies the rent increase due to increased utilities and taxes, which he pays. The City is responsible only for outdoor signage, pest control, and phones. Attached for review is a copy of the proposed lease in its substantial form. BUDGETARYIMPACT Funds are available in the Public Health Department's EMS operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute the renewal of a Lease Agreement with Walker Brothers Properties, LLC, for EMS Med No. 5 facilities located at 6452 Concord, at a monthly rental fee of$1,450.00 for a term of two (2)years beginning August 1, 2009. The lease 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 28th day of July, 2009. - Mayor Becky Ames - TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ®Texas Association of REALTORS®,Inc.2906 Table of Contents Vo. Paragraph Description ft No. Paragraph Description Pg; 1. Parties 2 22. Holdover 10 Z. Leased Premises 2 23. Landlord's Lien & Security Interest 10 3. Term 2 24. Assignment and Subletting 10 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 1. Rent and Expenses 3 27. Estoppel Certificates 11 A. Base Monthly Rent 28. Casualty Loss 11 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations -12 E. Place of Payment 32. Brokers 12 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices. 13 H. Returned Checks 35. Special Provisions 13 5. Security Deposit 4 36. Agreement of the Parties 14 3. Taxes 4 T. Utilities 4 3. Insurance 5 ADDENDA & EXHIBITS (check alt that apply) a. Use and Hours 5 10. Legal Compliance 6 d Exhibit Property Legal Description 11. Signs 6 Exhibit office Development Site Plan 12. Access By Landlord 7 ❑ Commercial Lease Addendum for Broker's Fee 13. Move-In Condition 7 ❑ Commercial Lease Expense Reimbursement 14. Move-Out Condition 7 Addendum 15. Maintenance and Repairs 7 ❑ Commercial Lease Addendum for Extension A. Cleaning Option B. Conditions Caused by a Party ❑ Commercial Lease Addendum for Percentage C. Repair & Maintenance Responsibility Rent D. Repair Persons u Commercial Lease Parking Addendum E. HVAC Service Contract ❑ Commercial Landlord's Rules and Regulations F. Common Areas ❑ Commercial Lease Guaranty G. Notice of Repairs ❑ Commercial Lease Right of First Refusal H. Failure to Repair Addendum 16. Alterations 9 ❑ Commercial Lease Addendum for Optional 17. Liens 9 Space 18. Liability 9 ❑ Commercial Leasehold Construction Addendum 19. Indemnity 9 ❑ 20. Default 9 ❑ 21. Abandonment, Interruption of Utilities., Removal of Property Lockout 10 (TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlord Page 1 of 14 Newcastle Realty 3610 Newcastle Houston,TX 77027 Phone:(555)555-5555 Fax: Scott Walker City of Reaumo Produced with ZipForm®by zipLoglx 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z!pLociix.com TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS?IS NOTAUTHORIZED. ®Texas Associetlon of REALTORS®,Inc.2006 Table of Contents Jo. Paragraph Description Pg_ No. Paragraph Description Pm_ I. Parties 2 22. Holdover 10 !. Leased Premises 2 23. Landlord's Lien & Security Interest 10 Z. Term 2 24. Assignment and Subletting 10 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 L Rent and Expenses 3 27. Estoppel Certificates 11 A. Base Monthly Rent 28. Casualty Loss 11 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 12 E. Place of Payment 32. Brokers 12 F. Method of Payment 33. Addenda 13 G. Late Charges . 34. Notices 13 H. Returned Checks 35. Special Provisions 13 i. Security Deposit 4 36. Agreement of the Parties 14 i. Taxes 4 r. Utilities 4 3. Insurance 5 ADDENDA & EXHIBITS (check all that apply) ). Use and Hours 5 10. Legal Compliance 6 x❑ Exhibit Property Legal Description 11. Signs 6 x❑ Exhibit Office Development Site Plan 12. Access By Landlord 7 ❑ Commercial Lease Addendum for Broker's Fee 13. Move-In Condition 7 ❑ Commercial Lease Expense Reimbursement 14. Move-Out Condition 7 Addendum 15. Maintenance and Repairs 7 ❑ Commercial Lease Addendum for Extension A. Cleaning Option B. Conditions Caused by a Party ❑ Commercial Lease Addendum for Percentage C. Repair&Maintenance Responsibility Rent D. Repair Persons ❑ Commercial Lease Parking Addendum E. HVAC Service Contract U Commercial Landlord's Rules and Regulations F. Common Areas ❑ Commercial Lease Guaranty G. Notice of Repairs ❑ Commercial Lease Right of First Refusal H. Failure to Repair Addendum 16. Alterations 9 ❑ Commercial Lease Addendum for Optional 17. Liens 9 Space 18. Liability 9 ❑ Commercial Leasehold Construction Addendum 19. Indemnity 9 ❑ ?0. Default 9 ❑ M. Abandonment, Interruption of Utilities, Removal of Property & Lockout 10 TAR-2101}5-26-06 Initialed for Identification by Tenant: and Landlord Page 1 of 14 lewcastle Realty 3610 Newcastle Houston,TX 77027 'hone:(555)555-5555 Fax: Scott Walker City of Beaumo Produced with ZipForrn®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLoaix.com EXHIBIT "A" TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ®Texas Association of REALTORS®,Inc.2006 1. PARTIES: The parties to this lease are: Tenant: City of Beaumont Texas and Landlord: Walker Brothers Properties, LLC 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the "leased premises,"along with all its improvements (Check only one box): U1 (1) Multiple-Tenant Property: Suite or unit Number 6452 containing: approximately 900 square feet of rentable area in Concord square office Park (project name) at 6452 Concord Road (address) in Beaumont (city), Jefferson (county), Texas, which is legally described on attached Exhibit "A" ar as follows: Cl (2) Single-Tenant Property: The real property at: (address) in (city), (county), Texas,which is legally described on attached Exhibit or as follows: B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased promises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. 3. TERM: A. Term: TAofi ea se is 24 months and 0 days, commencing on: 1 . 2009 (Commencement Date) and ending on liLz �� amz& J . 2011 (ExpirationDate)Subject to provisions Of paragraph 35. 1 . (TAR-2401)5-26-06 Initialed for identification by Tenant: , ,and Landlord: Page 2 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 ! uIt Logix.com City of Eleaumo 6452 Concord Road '.ommercial Lease concerning: Beaumont, TX 77708 B. Delay of Occupancy: if Tenant is unable to occupy the teased premises on the Commencement Date because of construction on the teased premises to be completed by Landlord that is not substantially complete ar a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Data will automatically be extendedd to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the teased premises after the 90th day after the Commencement Date because of construction on the teased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the teased premises if required by a governmental body. k RENT AND EXPENSES: A. Base Monthly Rent On or before the first day of each month during this lease, Tenant will pay Landlord base mont as described on attached or as follows: V, r from �y i, 2009 to _-►�e A, 2011 $ 1 ,450-00 ; from to $ ; from to $. ; from to $ from to $ B. First Full Month's Rent The first full base monthly rent is due on or before July 1 .2009 C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days In the month in which this lease commences. The prorated rent is due on or before the Commencement Date. D. Additional Rent: In addition to the base'monthly rent and prorated rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): g ('l). Commercial. Expense. Reimbursement Addendum [.� (2) Commercial Percentage Rent Addendum Ej (3) Commercial Parking Addendum Ej (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: Walker Brothers Properties, LLC Address: 3610 Newcastle,. Houston, TX 77027 F. Method Q Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this teaser. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to landlord by the institution on which it wa drawn, Landlord after TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlor Page 3 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLQgix.com City of Beaumo 6452 Concord Road :ommercial Lease concerning: Beaumont, TX 77708 providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. G. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within &days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost associated With the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 1 _ H. Returned Checks: Tenant will pay $ o A fg.rr, (not to exceed$25)for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay$ /��.�r��� to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) N/A Landlord Tenant (1) Water Q [t Q (2). Sewer (3) Electric (4). Gas (5) Telephone [� (6.). Trash. (7) Cable x (8) Medical Waste (9) All other utilities B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. TAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlord-o, Page 4 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 MM669a0aix.corn City of Beaumo 6452 Concord Road :ommercial Lease concerning: Beaumont TX 77708 C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and , provide H services to the leased premises during other hours fOF an additional shaFge ef$ peF hour. Tenant will pay LandleFd the ehaFges undeF this paFagraph immediately upon Feeempt of Founded up to the ne)d half hoUF. Tenant will eemply with Landlmd's preeedums to Fnake a Fequest C) (3) Tenant will pay for the HVAC services under this lease. IN3URANCE.Tenant is Se1f . Insured -for all general and automobile liability ' 'claims and has no fire and extended coverage insurance on the lease During all isAAW8P, *@R" PbxW@6�4naifitain.in Mi for (1) publi� liability insuFan ount not less than $1,000,000,00 on an eeeurfenee basis namiW La"eFd as an additional insured,: and (2) damage insurance fOF Tenants business operations and eontents eR the leased B. 1 l� r ehange, • C. , (1) , (2) exercise Landlord's remedies under Paragraph 20. D. v _ the �R h , a� pr-epFiate. E. ' ents that is eaused by Tenant Tenant's-use of the lea�sed premises, o �ements made by l , , afteF Landlord notifies Tenant ef the inGrease. Any ehaF,9e to Tenant undeF thiS PaFagFaph 8E will be II. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emergency Medical Services Station (EMS) TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlord- Page 5 of 14 Produced with ZipForrn®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 gipLooix.corn City of Beaumo 6452 Concord Road 'ommercial Lease concerning: Beaumont TX 77708 B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. G. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of weekends and holidays): Tenant may operate 24 hours per day. 7 days per week for the 24 months lease term. 1Q. LEGAL GOMPLIANCE: A. Tenant may not.use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous, substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the.date of this lease or later enacted. G. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by independently investigating all matters related to the use of the leased premises or Property_ Tenant agrees that it is not relyng on,any warranty or representation made Landlord. Landlord's agent, or arty broker concerning the usef the leased gremises or Property, 11.SIGNS: A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without Landlord's written consent. 'Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign. B. Any authorized sign must comply, with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. (TAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlor Page 6 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLogix.com City of Beaumo 6452 Concord Road ;ommercial Lease concerning: Beaumont TX 77708 12. ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours i€: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased.premises. B. During the last 0 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13.MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease. Landlord and any-accent have made no express or implied warranties as to the condition or permitted use of the leased premises or Property. 14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. if Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and.access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS.: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. Q Landlord Q Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. B. Repairs of Conditions Caused by a Party Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, 'invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of he specified items, the party designated to maintain the item must complete and pay the expe se the modification. The (TAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlor � Page 7 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLOQN.com City of Beaumo 6452 Concord Road :ommercial Lease concerning: Beaumont, TX 77708 specified items include and relate only to real .property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) N/A Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components (2) Glass and windows (3) Fire protection equipment and fire sprinkler systems (44) Exterior & overhead doors, including closure devices, molding [� l locks, and hardware (5) Grounds maintenance, including landscaping and irrigation [r systems (6) Interior doors, including closure devices, frames, molding, locks, Cj g and hardware (7) Parking areas and walks (8) Plumbing systems, drainage systems, electrical systems, and mechanical systems, except systems or items specifically designated otherwise (9) Ballast and lamp replacement Cf Ex Q (10) Heating, Ventilation and Air Conditioning (HVAC) systems C a 4 (11) Signs and lighting: (a) Pylon C� (b) Facia (c) Monument Ell (d) Door/Suite g Q (12) Extermination and pest control, excluding wood-destroying insects (13) Fences and Gates C� (14) Storage yards and storage buildings C. (15) Wood-destroying insect treatment and repairs Cr Ell (16) Cranes and related systems all x (18) (19) All other items and systems. Cr D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(10), Tenant i is al is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in.the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. (TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlord Page 8 of 14 Produced With ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zii2Logex.com City of Beaumo 6452 Concord Road ;ommercial Lease concerning: Beaumont TX 77708 G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Repair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or(2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. if a governmental order requires alteration or modification to the leased premises,the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify.or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17, LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 16, LIABILITY: To the extent Dermitted by law. Landlord is NOT responsible to Tenant or Tenant's®rnnl©yeas. patrons guests or invitees for any damages injuries or losses to person or pro e�tr y caused by: A. an act omission. or neglect of: Tenant Tenant's agent: Tenant's guest: Tenant's employees: Tenant's matrons: Tenant's invitees: or any other tenant on the Property: B. fire. flood. water leaks,Ige. snow, hail. winds. explosion. smoke, riot. strike, interruptions utilities, theft. burglary, fobberv. assault. vandalism. other persons. environmental contaminants. or other occurrences or casualty losses. 19. INDEMNITY: Each-pg—rty will indem and hold the other-PAU harmles,s from any PL damage, personal injury. suits, actions. liabilities. damages, cost of repairs or service to the leased QremisesQ Pro a or av other loss caused, ne liq gently or otherwise._by that party or that pady's ernotoyees, patrons, guests. or invitees. to the extent allowed by law. 2W/ 20. DEFAULT: ev A. if Landlord fails to comply with this lease within 30 days after Tenant notifies ndlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remed provided by lava. If, however, Landlord's non-compliance reasonably requires more than 30 days to re, Landlord will not be in default if the cure is commenced within the 30-day period and is dilige rsued. (FAR-2101) 5-26-06 lnifialed for Identification by Tenant: ,and Landlord: - Page 9 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 1 City of Beaumo 6452 Concord Road ;ommercial Lease concerning: Beaumont TX 77708 B. If Landlord does not actually receive at the place designated for payment any rent due under this lease 30 within# days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. i C. If Tenant is in default, Land!OFd May'. (i) teFminate Tenants right te eesupy-the-!eased-pre;ises by PFOViding Tenant with at least 3 days wFiften f duFing the Femainder- ef this lease or- any renewal period without notiee eF . Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable means. If Tenant is in default, Tenant will be liable for (1) any lost rent; (2) (3) repairs to the leased premises for use beyond normal wear and tear; (4) ' ffejudgment y (5) all LandleFd's (6) ; (7) cost to remove any trash, debris, personal properly, hazardous materials, or environmental contaminants left by Tenant or Tenant's employees, patrons, guests., or invitees in the leased premises or Property; (6) ises, PaFking aFeas, OF PrepeFty; (9) any other recovery to which Landlord may be entitled under this lease or under law. H. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock-out" of Tenant. i!2. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 2 fiFnes the base monthly rent plus any additiGnal rent GaIGulated on a daily basis and will be immediately due and payable daily w0velbit netiee_ .OF demand, 13. ' the leased OFemises ef Pizeigift. This lease I- a ,,-u* affeement feF the puFpeses ef the UnifGFM CommeMial Gode. LandleFd may file a copy of this lease as a finanGing stateme 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant:may not assign this lease or sublet any part of the leased premises without Landlord's written consent.An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord- if Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. (TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlo Page 10 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48028 .7JPLogkron-L City of Beaumont- I 6452 Concord Road ;ommercial Lease concerning: Beaumont TX 77708 15. RELOCATION: A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards.A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. Kk B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. M. SUBORDINATION: A. This lease and Tenant's leasehold..interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien-holder. !7. ESTOPPEL CERTIFICATES: Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease. !8. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies. Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this tease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated ti a to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 d s. 7AR-2101)5-26-06 Initialed for Identification by Tenant: and Landlo Page 11 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLogix.com City of Beaumo 6452 Concord Road ;ommercial Lease concerning: Beaumont TX 77708 E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. !9. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. li0- s1. REPRESENTATIONS. A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this tease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specialty Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is, not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: NONE Newcastle Realty Cooperating Broker License No. Principal Broker 180250 License No. 3610 Newcastle Houston. TX 77027 'Address Address (713) 627-9181 (713) 627-3847 Phone Fax Phone Fax swalker347 @sbcglobal.net -mail E-mail Cooperating Broker represents Tenant. Principal Broker: (Check only one pox) d represents Landlord only. representsTenant only. d is an intermediary be een andlord and Tenant. (TAR-2101) 5-26-06 Initialed for Identification by Tenant: ,and Landlor Page 12 of 14 Produced with ZipFormg by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 Em.zipl-oakeom City of Beaumo 6452 Concord Road :ommercial Lease concerning: Beaumont TX 77708 B. Fees: [� (1) Principal Broker's fee will be paid according to: (Check only one box). [� (a) a separate written commission agreement between Principal Broker and: Q Landlord Q Tenant. (b) the attached Addendum for Broker's Fee. [� (2) Cooperating Broker's fee will be paid according to: (Check only one box). [r (a) a separate written commission agreement between Cooperating Broker and: Q Principal Broker E Landlord g Tenant. Cl (b) the attached Addendum for Broker's Fee. 13. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. 14. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: Tenant at the leased premises, and a copy to: Kyle Haves, City Manager, City of Beaumont Address: F o Box 3827 . Beaumont, Texas 77704 Phone: Fax: [r Tenant also consents to receive notices by e-mail at:bdean(a ci.beaumont.tx.us Landlord at: Walker Brothers Properties, LLC. C/O Scott Walker Address: 3610 Necwastl e _ Houston. XX 77027 Phone: (713)527-9181 Fax: (713) 627-3847 and a copy to: Address: Phone: Fax: [r Landlord also consents to receive notices by e-mail at: swalker347@sbcal,obal.net 15. SPECIAL PROVISIONS: 35.1 Tenant may terminate this lease by entering into a lease and/or purchase agreement on a different property with this Landlord or this Principal Broker prior to the expiration of this lease. ,TAR-2101)5-26-06 Initialed for Identification by Tenant: and Landlor Page 13 of 14 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLookcgm City of Beaumo 6452 Concord Road ;ommercial Lease conceming: Beaumont TX 77708 16. AGREEMENT OF PARTIES: A. Entire Agreement:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enioyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Majeure: if Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. 3rokers are not qualified to render legal advice, property inspections, surveys, engineering studies, )nvironmentat assessments, tax advice, or compliance inspections. The parties should seek experts to -ender such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, :onsult your attorney BEFORE signing. ,ity of Beaumont Texas Walker Brothaers Pro erti s L renant Landlord 3y By Date Da f6 Drinted Name Printed Name Scott Walker title Title Member/Manager Tenant Landlord By By Date Date Printed Name Printed Name Title Title (TAR-2101)5-26-06 Page 14 of 14 Produced with ZipForm®by zipl-ogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zapLQgix.com City of Beaumo EXHCBIT"A" PROPERTY LEGAL DESCRIPTION LOCATION: 6452 CONCORD RD.,BEAUMONT,TX 77703 LEGAL DESCRIPTION: PL RS 1 TR 193 D.496AC THOS SPEAR ABST 50 LOCATION: 6440 CONCORD RD.,BEAUMONT,TX 77703 LEGAL DESCRIPTION: PL RSI TR 193C THOS SPEAR ABST 50 .531 AC LOCATION: 6430 CONCORD RD.,BEAUMONT,TX 77703 LEGAL DESCRIPTION: PL RSI TR 193G THOS SPEAR ABST 50 .569 AC B RICH WITH OPPORTUNITY 11co . T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider Change Order No. 2 for additional work at the North End Community Center. RECOMMENDATION Administration recommends the approval of Change Order No. 2 for additional work at the North End Community Center in the amount of$21,346.75. BACKGROUND A contract in the amount of$1,190,000 was awarded on March 10, 2009 to Bruce's General Construction for the construction of a community center on E. Lucas. The site borders the Elmo Willard Library and the future location of Fire Station No. 2. Change Order No. 1 for additional land clearing to allow future expansion increased the contract to $1,220,900. Change Order No. 2 includes the following additional work: • the installation of Automated Logic HVAC controls, • additional loads of fill material, • the replacement of a specified galvalume roof with green metal roofing, and • the installation of additional sidewalks with three (3) additional ADA compliant ramps. The total cost of the extra work is $21,346.75 and will be deducted from the Contingency Allowance. Change Order No. 2 represents approximately 1.8% of the original contract amount. The expected date of Substantial Completion remains unchanged. BUDGETARY IMPACT Funds will be deducted from the contingency allowance, therefore, the contract price remains unchanged. ® OWNER'S COPY *.r Document G701 TM - 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER:002 OWNER: NORTH END COMMUNITY CENTER DATE:July 17,2009 ARCHITECT: 3580 E. LUCAS STREET BEAUMONT,TEXAS 77706 CONTRACTOR: TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:0859 FIELD:❑ BRUCE'S GENERAL CONTRACT DATE: March 16,2009 CONSTRUCTION CONTRACT FOR:General Construction OTHER:❑ 1 175 REYNOLDS ROAD BEAUMONT,TEXAS 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) RFC 43: Delete Trane controls and install automated logic controls as per specs provided by John Morgan- $ 8,1 13.49 RFC#4:Install seven(7)additional loads of fill and adjust form boards due to misprint on drawings- $ 1,648.20 RFC#5:Change from galvalume roof color to green - $ 3,157.00 RFC#6:Install additional sidewalks as per drawings provided by Architectural Alliance Inc. Sidewalk shall be constructed as per standard detail on construction drawings. Also included are three(3)additional ADA compliant ramps on new sidewalk. $ 8,428.06 Total Change Order amount (taken from Contingency) $21,346.75 The original Contract Sum was $ 1,190.000.00 The net change by previously authorized Change Orders $ 30,900.00 The Contract Sum prior to this Change Order was $ 1.220,900.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,220,900.00 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance Inc. Bruce's General Construction City of Beaumont ARCHITECT (Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654 Phelan Blvd. 1 175 Reynolds Road PO Box 3827 Beaumont,TX,77706 Beaumont,TX 77707 _ - Beaumont,TX 77704 ADDRESS ADDRES ADDRESS BY .'i ature) BY aature) BY(Signature) J. Rob Clark,AIA Sean Tilley Brenda Beadle (Taped name) (I vped name) (Typed name) -7 DATE DATE DATE AIA Document G701 T"—2001.Copyright©1979, 1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:15:18 on 07/17/2009 under Order No,1000369257 1 which expires on 09/05/2009,and is not for resale. User Notes: (944256599) RESOLUTION NO. WHEREAS, on March 10, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-070 awarding a contract in the amount of$1,190,000 to Bruce's General Construction of Beaumont, Texas, for the furnishing of all materials, equipment, labor and supplies to construct the North End Community Center on E. Lucas Drive; and, WHEREAS, Change Order No. 1, passed by Resolution No. 09-122 on May 5, 2009, in the amount of$30,900 was required to provide for the clearing of an additional two acres for future expansion, thereby increasing the contract amount to $1,220,900; WHEREAS, Change Order No. 2 in the amount of $21,346.75 is required for additional work to include the installation of Automated Logic HVAC controls, additional loads of fill material, the replacement of a specified galvalume roof with green metal roofing, and the installation of additional sidewalks with three (3)additional ADA compliant ramps, said amount to be deducted from the contingency allowance, resulting in no change to the total contract amount of $1,220,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 in the amount of $21,346.75 to provide for additional work at the North End Community Center,said amount to be deducted from the contingency allowance resulting in no change to the total contract amount of $1,220,900. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY Cr ► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 13j& MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with Texas DPS agreeing to guidelines for use of mutual-aid radio channels. RECOMMENDATION Administration recommends authorizing the City Manager to sign a MOU with Texas DPS establishing permissions and guidelines for the City of Beaumont's use of interoperability or mutual-aid radio channels. BACKGROUND This MOU authorizes the use of state-licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel or on-incident communications in accordance with an Incident Communications Plan. This MOU and the included Texas Statewide Interoperability Channel Plan is part of an effort by the State of Texas to push for interoperability of radio systems across the state of Texas. BUDGETARY IMPACT None. 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 Memorandum of Understanding with the Texas Department of Public Safety establishing permissions and guidelines for the use of mutual-aid radio channels. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. - Mayor Becky Ames - D RICH WITH OPPORTUNITY I'Eo . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police 16 MEETING DATE: July 28, 2009 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force ( City of Beaumont) to transfer a vehicle title to the Hardin County Sheriffs Office. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Gov't. Code Ann. Sec. 791.001 allows local governments to contract with one another to provide a governmental function that each local government is authorized to perform individually. This year, the City of Beaumont, City of Port Arthur, Jefferson County, Hardin County, Jasper County and Orange County entered into an Interlocal contract with each other, forming a joint cooperative agency which is known as the Southeast Texas Auto Theft Task Force. For fiscal year 2009, a joint application for grant funding of this task force was filed with the Automobile Theft Prevention Authority of the State of Texas, and funds were awarded in the amount of$547,919. Using these grant funds, the Southeast Texas Auto Theft Task Force recently purchased a 2009 Ford F150 truck to be used by our investigators in furtherance of the Task Force's objectives. This vehicle will be used to replace a 2005 truck with approximately 139,000 miles that has been assigned to the Hardin County Sheriff's Investigator with the task force. This investigator covers the Ilardin, Jasper, and Orange Count}, areas. In 2005 the City of Beaumont and the Southeast Texas Auto Theft Task Force entered in to an agreement with I lardin County to transfer the title of the vehicle to allow Ilardin County to maintain the vehicle and provide insurance. This agreement worked to the advantage of all parties and the Southeast Texas Auto Theft Task Force is requesting that a similar agreement be entered into, allowing the purchased 2009 vehicle to be transferred to IIardin County in accordance with past practice. The 2005 vehicle will be returned to the task force to be sold at auction for program income, in accordance with the past agreement. BUDGETARY IMPACT No budgetary impact. Grant funding of$15,227 and Auto Theft Mask Force program income of $9,346 has been combined to pay for the purchase of the vehicle. ($24,573) 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 Use and Maintenance Agreement with the Southeast Texas Auto Theft Task Force ("Task Force") and Hardin County to transfer title of a 2009 Ford F150, purchased in the name of the City of Beaumont,to the Hardin County Sheriff's Office for use by the Task Force. 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 28th day of July, 2009. - Mayor Becky Ames - SOUTHEAST TEXAS AUTO THEFT TASK FORCE USE AND MAINTENANCE AGREEMENT For one dollar($1.00) and other consideration, consideration of which is herein acknowledged, the Southeast Texas Auto Theft Task Force (hereinafter referred to as "Task Force") agrees,via its Project Director, to transfer title of the vehicle identified as a 2009 Ford F 150, VIN 1FTPX14V69KC82426, (which vehicle was acquired with Task Force grant funds for use by the Task Force and is currently titled to the City of Beaumont)to Hardin County, Texas under the following terms and conditions: 1) The vehicle.identified above (hereinafter referred to as "the vehicle") shall be maintained by Hardin County, Texas in accordance with the maintenance standards established by the manufacturer. All maintenance records on the vehicle shall promptly be provided to the Task Force and shall be available upon request to the Task Force. 2) The vehicle shall be used for Task Force purposes and is to be driven solely by the one or more designated peace officers of Hardin County, Texas who is/are assigned to the Task Force. 3) By assuming title to the vehicle, Hardin County, Texas agrees to be responsible for all damages to the vehicle, and all maintenance and repairs to the vehicle, in accordance with manufacturer's standards for the period of time that Hardin County, Texas retains title. Specifically, if the vehicle is damaged while in the possession of Hardin County, Texas, the Task Force will be reimbursed by Hardin County, Texas for either the reasonable replacement (in accordance with NADA values & standards) or reasonable repair(in accordance with manufacturer's standards). Further, Hardin County, Texas, by assuming title to the vehicle, agrees not to sell or transfer title of the vehicle without approval in writing from the Task Force via its Project Director. Further, Hardin County, Texas also hereby agrees that all proceeds from any such sale or transfer of the vehicle shall be payable to the Task Force and will be so paid to the Task Force. 4)Further, if at any time the vehicle ceases to be used in accordance the terms and conditions of the Interlocal Agency Agreement governing the Task Force and/or this agreement, then Hardin County, Texas agrees to transfer title of the vehicle to the Task Force. Specifically, upon written request from the Task Force Project Director for return of the vehicle, Hardin County, Texas hereby agrees that it will transfer title of the above identified vehicle to the ATPA/Southeast Texas Auto Theft Task Force within 30 (thirty) days. 5) If the vehicle is damaged while titled to Hardin County, Texas, Hardin County, Texas hereby agrees to make all necessary repairs to the vehicle, within 60 (sixty) days, in accordance with manufacturer's standards, so as to maintain reasonable replacement value of the vehicle. 6) If the vehicle is damaged beyond reasonable repair(i.e. totaled) Hardin County, Texas EXHIBIT "A" h will promptly pay the Task Force the NADA replacement value of the vehicle within 90 (ninety) days. 7)This agreement will continue in effect for 60 (sixty) days after the expiration of the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force, as long as efforts are being made to renew the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force. 8) It is understood and agreed that the Task Force will have no responsibility for the operation or maintenance of the vehicle while it is titled to Hardin County, Texas. Hardin County, Texas will be responsible for the vehicle, while it retains title, in accordance with the provisions of the Texas Tort Claims Act and Texas law. Hardin County,Texas agrees and understands that it will be solely responsible for any negligent operation of the vehicle resulting in property damage and/or personal injuries. 9) Title to the vehicle will be transferred promptly after execution of this agreement by all signatories, and not later than 30 (thirty) days after execution of this agreement. 10) This document constitutes the entire agreement among the parties concerning the vehicle identified in this agreement and any changes or amendments shall be in writing and signed by all parties or their duly appointed representatives. Kyle Hayes City Manager C' ea nt County udge Hardi -Gee ty, Texas 4 ' Lt. aren Froman Project Director Southeast Texas Auto Theft Task Force E RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttornL�-(--� MEETING DATE: July 28, 2009 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Linda Thomas, et al v. City of Beaumont RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Linda Thomas, et al v. City of Beaumont, Texas in the amount of$235,000. BACKGROUND This matter was most recently presented and discussed in Executive Sessions held on July 14, 2009. The City Attorney is requesting authority to settle this suit. BUDGETARYIMPACT There are sufficient funds in the General Fund to pay the settlement amount. RESOLUTION NO. WHEREAS, the lawsuit styled Linda Thomas, et al v. City of Beaumont was discussed in Executive Session properly called and held Tuesday, July 14, 2009; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Linda Thomas, et al v. City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Linda Thomas, et al v. City of Beaumont for the sum of Two Hundred Thirty-Five Thousand Dollars ($235,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,11140N* T • E - X • A - S REGULAR MEETING OF THE CITY COUNCIL CIVIC CENTER JULY 28, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution authorizing the City Manager to execute an agreement with Public Agency Retirement Services (PARS) 2. Consider authorizing the Mayor to sign all documents relating to the City possibly receiving $986,250 through the DR-1791 Hazard Mitigation Grant Program 1 Consider the award of a bid for repairs to the Building Services Division's maintenance buildings EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Derrick Newman v. David Todd Burke, et al Tina Lewallen v. the City of Beaumont Suspension Appeals of Chuck's Wrecker Service, Inc., Spanky's Wrecker, and Payne's Wrecker Service * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Magistrate Theodore Johns Magistrate Terrence Holmes COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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 July 28, 2009 Consider approving a resolution authorizing the City Manager to execute an agreement with Public Agency Retirement Services (PARS) RICH VaI`IH OPPORTUNITY [117CA,111�IUI T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Off cer`J� MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an agreement with Public Agency Retirement Services (PARS). RECOMMENDATION The administration recommends approval of a resolution authorizing the City Manager to execute an agreement with PARS to provide an alternative retirement system for part-time, seasonal, and temporary employees (PST's). BACKGROUND The City of Beaumont is required to contribute an amount equal to 6.2%of each employee's salary to social security and the employee is required to contribute the same amount for a total contribution of 12.4%. In 1990 Congress adopted the Omnibus Budget Reconciliation Act (OBRA) which mandates that PST's not covered by a retirement program be enrolled in social security or an alternative retirement program which meets the statutory requirements of the Act. PARS offers an Alternative Retirement System (ARS) that meets those requirements and complies with IRC 3121 (b) (7) (F). The ARS program provides certain benefits to both the PST and the City. The legislation requires a minimum contribution to the alternative plan of 7.5%. The PST's contribution will, therefore, remain the same as it is under social security (6.2%). The City will contribute the remaining 1.3% for a total of 7.5%. The reduced rate of contribution by the City(1.3%vs. 6.2%)results in estimated first year savings of 527,000. This level of savings will continue each year with the amount varying depending on the total number of PST's and their related salaries. Agreement with PARS July 29, 2009 In addition to the savings that will be recognized by the City, the Plan offers many benefits to the employee/participant. Benefits include: 1. PST's are fully vested in their individual accounts upon the date of employment. 2. PST contributions to the ARS program are pre-tax which will result in an increase in take home pay for the PST. 3. Contributions to the ARS program increase account balances without limit. 4. In the event of a PST's separation from the City, the PST may immediately receive, without penalty, the contributed funds as a lump sum amount or those funds may be rolled over to an IRA or other qualified plan that accepts rollovers. A draft agreement is attached. BUDGETARY IMPACT Potential savings of$27,000, in payroll taxes in the first year, depending upon the total number of PSTs and their related wages. 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 for Administrative Services with Public Agency Retirement Services (PARS) to provide an alternative retirement system for part-time, seasonal and temporary employees (PSTs). 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 Beaumontthis the 28th day of July, 2009. - Mayor Becky Ames - DRAFT AGREEMENT FOR ADMINISTRATIVE SERVICES This agreement ("Agreement") is made this day of , 2009, between Phase II Systems, a California corporation, hereinafter Public Agency Retirement Services ("PARS") and the City of Beaumont("Agency"). WHEREAS, Agency has adopted the City of Beaumont PARS Section 457 FICA Alternative Retirement Plan (the "Plan") effective , 2009, and is desirous of retaining PARS, as Trust Administrator to the PARS Trust, to provide administrative services; NOW THEREFORE, the parties agree: 1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as "Exhibit 1A" ("Services") in a timely manner, subject to the further provisions of this Agreement. 2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as "Exhibit 1 B". 3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency. 4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in PARS' standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with written notice of the subject services, terms, and an estimate of the fees therefore. 5. Information Furnished to PARS. PARS will provide the Service contingent upon the Agency's providing PARS the information specified in the exhibit attached hereto as "Exhibit 1C" ("Data"). It shall be the responsibility of the Agency to certify the accuracy, content and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be Page 1 EXHIBIT "A" DRAFT liable for non performance of Services if such non performance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit IC, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency. 6. Suspension of Contributions. In the event contributions are suspended, either temporarily or permanently, prior to the complete discharge of PARS' obligations under this Agreement, PARS reserves the right to bill the Agency for Services under this Agreement at the rates indicated in PARS' standard fee schedule in effect at the time the services are provided, subject to the terms established in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with written notice of the subject services, terms, and an estimate of the fees therefore. 7. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law. 8. Confidentiality. Without the Agency's consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law. 9. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 10. Indemnification. To the extent permitted by law, PARS and Agency hereby indemnify each other and to hold the other harmless, including their respective officers, directors, employees, agents and attorneys, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of PARS' or Agency's, as the case may be, acts, errors or omissions with respect to the performance of their respective duties hereunder. 11. Compliance with Applicable Law. The Agency shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into Page 2 DRAFT effect during the term of this Agreement, regarding the administration of the Plan. PARS shall observe and comply with federal, state and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement. 12. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction. 13. Force Majeure. When a party's nonperformance hereunder was beyond the control and not due to the fault of the parry not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by such cause, including but not limited to: any incidence of fire, flood, acts of God, acts of terrorism or war, commandeering of material, products, plants or facilities by the federal, state or local government, or a material act or omission by the other party. 14. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to, and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency. 15. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Board of the Agency, a copy of which writing shall be delivered to PARS. Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement. 16. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (A) To PARS: PARS; 5141 California Avenue, Suite 150, Irvine, CA 91617-3069; Attention: President (B) To Agency: City of Beaumont; 801 Main Street, Beaumont, TX 77701; Attention: [Plan Administrator] Notices shall be deemed given on the date received by the addressee. 17. Term of Agreement. This Agreement shall remain in effect for the period beginning 2009 and ending , 2012 ("Term"). This Agreement will continue unchanged for successive twelve month periods following the Term unless either parry gives written notice to the other party of the intent to terminate prior to ninety (90) days before the end of the Term. Page 3 DRAFT 18. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto. 19. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement. In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any parry shall be construed by the other as a continuing waiver of such term or condition. 20. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney's fees. 21. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. 22. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 23. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed. AGENCY: BY: TITLE: [Plan Administrator] DATE: PARS: BY: TITLE: DATE: Page 4 DRAFT EXHIBIT IA SERVICES PARS will provide the following services for the City of Beaumont PARS Section 457 FICA Alternative Retirement Plan: 1. Plan Installation Services: (A) Meeting with appropriate Agency personnel to discuss Plan provisions, implementation timelines, benefit communication strategies, data reporting and contribution submission requirements; (B) Providing the necessary analysis and advisory services to finalize these elements of the Plan; (C) Providing the documentation needed to establish the Plan for review by Agency legal counsel; 2. Plan Administration Services: (A)Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Trust Program ("Trustee"), based upon information received from the Agency and the Trustee; (B) Performing periodic accounting of Plan assets, including the allocation of employer and employee contributions, distributions, investment activity and expenses (if applicable) to individual Plan participant ("Participant") accounts, based upon information received from the Agency and/or Trustee; (C) Acting as ongoing liaison between the Participant and the Agency in regard to distribution payments, which shall include use by the Participants of toll-free telephone communication to PARS; (D)Coordinating the processing of Participant distribution payments pursuant to authorized written Agency certification of distribution eligibility, authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data; (E) Directing Trustee to liquidate Plan assets (if necessary) and make Participant distribution payments, and producing required tax filings regarding to said distribution payments; (F) Notifying the Trustee of the amount of Plan assets available for further investment and management, or, the amount of Plan assets necessary to be liquidated in order to fund Participant distribution payments; (G)Coordinating actions with the Trustee as directed by the Plan Administrator within the scope this Agreement; (H)Preparing and submitting periodic reports of non-contributing Participants to the Agency; Page 5 DRAFT (I) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise; (J) Preparing and submitting an annual report of Plan activity to the Agency; 3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice. In providing the services specified above, PARS will retain qualified professional service providers at its cost as it deems necessary if the service lies outside its area of expertise. Page 6 DRAFT EXHIBIT 113 FEES FOR SERVICES 1. PARS will be compensated for performance of Services, as described in Exhibit IA based upon the following schedule: (A) A distribution fee equal to $20.00 per terminated Participant ("Distribution Fee"), which shall be deducted solely from the terminating Participant's account; (B) An annual asset fee to be [paid by the Agency] [from Plan Assets] based on the following schedule: For Plan Assets from: Annual Rate: $1 to $500,000 2.00% $500,001 to $2,500,000 1.50% $2,500,001 to $5,000,000 1.25% $5,000,001 to $10,000,000 1.00% $10,000,001 and above 0.75% Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual Rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Asset based fees are subject to a $400.00 monthly minimum. If the Asset Fee is taken from Plan Assets, the total Asset Fees due in a given month shall be allocated proportionately among Participants of the Agency's Plan in that month, based on account balance. Trustee and Investment Management Fees are not included. (C) A fee equal to the out of pocket costs charged to PARS by an outside contractor for formatting contribution data on to a suitable magnetic media, charged only if the contribution data received by PARS from the Agency is not on readable magnetic media ("Data Processing Fee"). Page 7 DRAFT EXHIBIT 1 C DATA REQUIREMENTS PARS will provide the Services under this Agreement contingent upon receiving the following information: 1. Contribution Data—readable magnetic media containing the following items of employee information related to the covered payroll period: (A)Agency name (B) Employee's legal name (C) Employee's social security number (D) Payroll date (E) Employer contribution amount (F) Employee contribution amount 2. Distribution Data — written Plan Administrator's (or authorized Designee's) direction to commence distribution processing, which contains the following items of Participant information: (A) Agency name (B) Participant's legal name (C) Participant's social security number (D)Participant's address (E) Participant's phone number (F) Participant's birthdate (G)Participant's condition of eligibility (H) Participant's effective date of eligibility (I) Signed certification of distribution eligibility from the Plan Administrator, or authorized Designee 3. Executed Legal Documents: (A) Certified Resolution (B) Trust Agreement (C) Plan Document (D) Trustee Investment Forms 4. Other information requested by PARS Page 8 2 July 28, 2009 Consider authorizing the Mayor to sign all documents relating to the City possibly receiving$986,250 through the DR-1791 Hazard Mitigation Grant Program zl W 1'C 1➢ .W Y t'kJ u i C a f T F r �C ► T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider authorizing the Mayor to sign all documents relating to the City possibly receiving $986,250 through the DR-1791 Hazard Mitigation Grant Program. RECOMMENDATION Administration recommends approval. BACKGROUND The Hazard Mitigation Grant Program (HMGP)provides grants to State and local governments to implement long-term hazard mitigation measures after a major disaster declaration. Funding became available following the Hurricane Ike disaster declaration identified as DR-1791. The state government manages the grant applications for their respective jurisdictions. A tentative mitigation project to improve the roofs and strengthen the window integrity of the city's Emergency Operation Center/911 Communication Center, and the Police Department Headquarters has been favorably reviewed by the state, and with Council approval, will be submitted to the Federal Emergency Management Agency (FEMA), under the Department of Homeland Security. This project would enable both buildings to withstand wind force greater than traditional building codes and will protect our first responders and critical communications and technology infrastructure during severe weather events. The grant requires that the official head of the governing body, being the Mayor, sign all documents. BUDGETARYIMPACT If awarded, grant funding would be $986,250 with a required match by the City of$328,750. The project is included in the proposed Capital Program for Fiscal Years 2010-2014. If the proposed Capital Program is approved, the City's match would be provided for therein. 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 apply for and receive funding in the amount of$1,315,000 through the U.S. Department of Homeland Security DR-1791 Hazard Mitigation Grant Program to improve the roofs and strengthen the window integrity of the City of Beaumont's Emergency Operation Center/911 Communication Center and Police Department Headquarters. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. - Mayor Becky Ames - 3 July 28, 2009 Consider the award of a bid for repairs to the Building Services Division's maintenance buildings I RICH WITH OPPORTUNITY 11EM . T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 28, 2009 REQUESTED ACTION: Council consider the award of a bid for repairs to the Building Services Division's maintenance buildings. RECOMMENDATION Administration recommends the award of a bid to Cleveco Construction of Lumberton in the amount of$109,019. BACKGROUND The Building Services Division Electric and A/C Shops, located at 1848 Pine, sustained damage from both Hurricanes Rita and Ike. A new roof and structural supports are required over the Electric Warehouse and adjoining breeze-way. Additionally, exterior metal wall panels on the Electric Warehouse and A/C Shop require replacement and structural repairs are required to support the new wall panels. Bids were solicited from twelve (12) contractors for all labor, materials, and equipment necessary to repair the facilities as specified in the bid documents. The following three (3) bids were received: Contractor Price Completion Time Cleveco Construction Company, Lumberton, TX $109,019 60 calendar days Bruce's General Construction, Inc., Beaumont, TX $115,475 60 calendar days L & L General Contractors, Beaumont, TX $116,672 10 calendar days Cleveco Construction Company submitted the lowest qualified bid. The company has performed successfully on a number of projects for the City in the Past. Cleveco is a certified Minority Business Enterprise company. BUDGETARY IMPACT Funding is available from insurance settlement claims received from Hurricanes Rita and Ike. RESOLUTION NO. WHEREAS, bids were solicited for repairs to the Building Services Electric and A/C Shops located at 1848 Pine Street; and, WHEREAS, Cleveco Construction of Lumberton, Texas, submitted a bid in the amount of $109,019; and, WHEREAS, City Council is of the opinion that the bid submitted by Cleveco Construction should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Cleveco Construction of Lumberton, Texas, in the amount of $109,019 for repairs to the Building Services Division Electric and A/C Shops located at 1848 Pine Street be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. - Mayor Becky Ames -