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PACKET OCT 13 2009
RICH WITH OPPORTUNITY [I 17C A, � T • E - X • A - S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER OCTOBER 13, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Bill Yoes would be reappointed to the Historic Landmark Commission (Attorney). The current term would expire December 30, 2010. (Mayor Becky Ames) Eddie Senigaur would be appointed to the Planning and Zoning Commission. The term would commence October 13, 2009 and expire October 12, 2012. (Mayor Becky Ames) Beverly Miller would be appointed to the Library Commission. The term would commence October 13, 2009 and expire October 12, 2011. (Councilmember W.L. Pate, Jr.) A) Authorize the City Manager to execute all documents necessary to accept grant funding from the Department of State Health Services for the WIC Grant FY 2010 B) Approve a lease agreement for photocopiers for use by various city departments C) Authorize the City Manager to increase the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project for"extra work" D) Authorize the granting of a Pipeline License Agreement to cross Phelan right-of-way near the Beaumont Municipal Airport E) Authorize the granting of a Pipeline License Agreement to cross Keith Road right-of-way near the Beaumont Municipal Airport F) Authorize the acceptance of a water line easement to provide water services for the North Star properties located on Eastex Freeway I G) Authorize the purchase of property for a replacement sanitary sewer lift station on Frint Drive H) Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office I) Consider authorizing the City Manager to execute all documents necessary to enter into an agreement with the Beaumont Independent School District relating to the evacuation of the Medical Special Needs population A RICH WITH OPPORTUNITY [11'LA,111�ICI T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary to accept grant funding from the Department of State Health Services (DSHS) for the WIC Grant FY' 2010. RECOMMENDATION Administration recommends Council approval. BACKGROUND The Special Supplemental Nutrition for Women, Infants and Children Program(WIC)is a nutrition education and supplemental food program for pregnant and postpartum women, breast-feeding women, infants, and children up to the age of five. The program also provides information on healthy eating and referrals to health care. WIC is a federal grant program for which Congress authorizes a specific amount of funds each year for the program. BUDGETARYIMPACT The WIC Program is a cost reimbursement program. The value of this contract is $689,177.00. DEPARTMENT OF STATE HEALTH SERVICES 40 This contract, number 2010-033561 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity, (collectively,the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $689,177.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Fundina Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict,reduce,or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2009 and ends on 09/30/2010. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract(this document) b. Program Attachments: 2010-033561-001 NSS-WIC LOCAL AGENCY-NOIMM c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-I 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF BEAUMONT Address: PO BOX 3827 BEAUMONT,TX 77704-3827 Vendor Identification Number: 17460002789023 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES BEAUMONT PUBLIC HEALTH DEPARTMENT By: By: Signature of Authorized Official Signature Date Date Bob Burnette,C.P.M.,CTPM Printed Name and Title Director,Client Services Contracting Unit Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State,Zip (512)458-7470 Telephone Number Bob.Burnette @ dshs.state.tx.us E-mail Address for Official Correspondence 92(x18-1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept funding from the Department of State Health Services for the W.I.C. Grant FY 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - I B ItIcH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer . MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider approving the lease of photocopiers for use by various city departments. RECOMMENDATION The administration recommends approval of a sixty (60)month lease for forty-seven photocopiers from Better Business Machines of Beaumont in the amount of$89,724 per year. BACKGROUND Lease pricing for the photocopiers was obtained through the Region V Southeast Texas Cooperative Purchasing Organization. The cooperative provides school districts, cities and political subdivisions with the means to lease specialized equipment at volume prices. The cooperative complies with the State of Texas procurement statutes. Forty-four(44) copiers currently in use throughout the city require replacement due to expiration of leases. An additional two (2) machines owned by the city have been identified for replacement because of age and maintenance costs. The new Imagistics brand copiers will have industry standard features such as automatic duplexing, bypass trays, enlargement and reduction, and finisher/staplers. New features will include scan and network capability on all copiers. Lease of Photocopiers October 13, 2009 Page 2 BUDGETARY IMPACT Funds are available from the following sources: NUMBER OF COPIERS I FUNDING SOURCE ANNUAL AMOUNT 1 SOLID WASTE FUND $1,560 1 HOTEL OCCUPANCY TAX FUND $2,568 3 FLEET FUND $4,680 4 WATER FUND $6,240 38 CAPITAL RESERVE FUND $74,676 E- TOTAL $89,724 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: I THAT the City Council hereby approves a sixty (60) month lease for forty-seven (47) photocopiers for use by various City departments from Better Business Machines of Beaumont through the Region V Southeast Texas Cooperative Purchasing Organization in the amount of $89,724 per year. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY [I 11EM A,11 1�1 C1 1"9( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, Water Water Utilities Director MEETING DATE: October 13, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project amount by$34,695.71. The proposed changes to the contract are to furnish and install an additional 1,052 tons of cement stabilized sand on Lafin Road, haul off 642 cubic yards of excavated material, and increase the contract time by five calendar days. The additional days increases the total contract time to 105 calendar days. The proposed extra work will represent an increase of 6.02% and a cumulative increase of 16.43% of the original contract amount BACKGROUND The existing sanitary sewer line is located on Lafin Road and was installed in 1953. The existing line has deteriorated and requires major rehabilitation. During the installation of the pipe, it was determined the backfill material should be cement stabilized sand in lieu of native soil due to the traffic load and volume on Lafin Road. The primary goals of the project are to restore the integrity of the sanitary sewer line, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet State requirements. Previous actions include: Resolution 09-046 in the amount of$576,354.00 was passed by City Council on February 10, 2009. Resolution 09-189 in the amount of$60,000.00 was passed by City Council on June 30, 2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project October 13, 2009 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAI.OP CON TRACI CI IANOI: C1 IANGF1 ORDER No.Two&Final DA IF:October 6,2009 PROJ]"(,J: GLN ol'Beaumont,"texas Sani(arN Scorer Systcni Improvements 60-Inch Trunk Outfiall Rehabilitation I'lidNe-I OWNER: City of Beaumont,TeXas 801 Main Street Beaumont. lc\as'77704 CON 11RA(TOR: I MY&Mitchell,Inc. 16410 I 11tiffinCiStC1,SUitC 250 Cypress, I exits 77429 110-1'HE OWNER: Approval oft1le li�llowing contract chanue is requested. Reason for Change: to fumish and install an additional 1-052 tons ofeement stabilized sand on Lafin Road and haul oll'642 ck1hic yards ofe\CaNatcd malcliui. 01MOINAL CONTRACT AMOUNT: 576.354.00 REVISED CONTRACT AMOUNT INCLUDING CHANGE ORDER ONE: 630354.00 TIIIS CHANGE ORDER Dcscripnwn: Nct-Chan Le— Furnish and install an additional 1,052 tons of cement stabilized sand on Lafin 34.695.71 Road and haul oll'642 cubic yards of excavate(]material. TOTAL AMOUNT OF TIIIS CIIANGE ORDER �34 695.71 TOT-1.REVISED CONTRACT AMOUNT INCLUDING ALL CHANGE ORDERS: S 671,049.71 ("ON TRACT''1 ICI E Original Contract Lime: 90 Calendar[)u,,s Additional Time Requested: 10 Calendar Days Additional Time Previousi\ Approved: 5 Calendar Days Re%iSed(")ntraCt 11inle per this Change Order: 105 Calendar Days CONDITION OF CIIANCE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly i-rom this Change Order and all previous Change Orders. Acceptance of this wain-Cr COIIStitUICS an agreement hctvvcen Owner and Contractor that the Change Order represents an all inclusive, mutually aEiccd urmn adjusunent to the Contract.and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended I)\: Approved h) Accepted b): Lloyd kngincering,Inc. ('it,of Beaumont HUIT&Mitchell,Inc. I 11"iflect O,Vncr Contractor Datc: Dale: Date: .._o,...... ,,,,1.1,h:-...... 1 P'. .11 11 hil"1111,",", "O."I.-I.1, RESOLUTION NO. WHEREAS, on February 10, 2009,the City Council of the City of Beaumont, Texas, passed Resolution No. 09-046 awarding a contract in the amount of$576,354.00 to Huff & Mitchell, Inc., of Cypress, Texas, for the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project; and WHEREAS, Change Order No. 1 in the amount of$60,000 was required for"extra work"to include labor, materials, and equipment necessary to install 100 linear feet of 54- Inch HOBAS Pipe by opencut methods across the pipeline corridor on Lafin Road to return the existing line to the correct grade, thereby increasing the contract time by ten (10) calendar days and the total contract amount to $636,354; and WHEREAS, Change Order No. 2 in the amount of$34,695.71 is required for"extra work" to furnish and install an additional 1,052 tons of cement stabilized sand on Lafin Road and haul off 642 cubic yards of excavated material, thereby increasing the contract time by 5 calendar and the total contract amount to $671,049.71. 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 for "extra work" described above, thereby increasing the contract time by five (5) calendar days and the contract amount by $34,695.71, for a total contract amount of$671,049.71. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 1'Em A,11 1�1 C1 I T T • E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager i PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider authorizing the granting of a Pipeline License Agreement to cross city right-of-way. RECOMMENDATION The Administration recommends authorization to grant a Pipeline License Agreement to cross Phelan right-of-way near the Beaumont Municipal Airport. BACKGROUND Cimarex Energy Co. has requested permission to install a 6 inch pipeline in a 10 inch casing pipe across Phelan right-of-way. The pipeline is for the purpose of transporting oil, gas, water or their refined products from Cimarex's well near the Beaumont Municipal Airport and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$2.25 per linear foot of pipeline. engcitnarex,jefferson4-ib 6 October 2009 Shine k Johnston, Inc. P.O.Bux 391 / D Silsbee.Texas 77656 0 \ PRB(409)385-5266 Fax it(4091365-0938 Flamm:0906190.DWG C13S Plot dale:922109 at 9700 lJofferson County,Texas g 1 g e+ Central Zono 'o 2 I Inset INot To Scala 1 12 Y=2113,160.54 \ I 1 X=3,934,539.23 Y= 5455 X=3,203,1934,639.61 Y=203,148.56 J/ X=3,934,.639.99 Prep.Facillty �I C�CCC E� Eu Pasyer'Ines �N a„14 ,rl � Note: ■ f 7+25 f2-O-W P.CIL Fit.Mobil 1-- � Phalan 9Nd- Old Sour Lake Road — Survey Una Existing Exxon Pipeline Canlorline 6 5 +Vi#IH+k#kt-iFf+#1!iiihi#hHfi*#fiiFF:#FhI+W#H#1+r"r+�IfH-IM+H#H#itF#+11#N#HhhF#+1f#+M+H+thh#H#41i+ti+h###IiHMhW,kHIV#IF#fi-F#hit .' 4H #H: 'Vkit+fiiMM4#H 1+k+iiif Y=291.566.13 �X=3,935,003.42 Y=201,506.5 `\ X=3,934.99757 1 `7 LY=201,508.13 X=3,935,003.42 Beaumont Municipal A rperl Akplane Jefferson Beaumont -\ 5 o- S J Plat Showing The Approximate Location Of A ,a s = Q 9 Proposed Pipeline Routes For Scale 1„ = 300, "Cirnarex Energy Co." NOTE In The ALL THE HORfZONTAL CONTROL IS REFERRED TO THE TEXAS ASHAEL SA VERY SURVEY CTENTTRALZOt��n CLIENSYSTEM,oouEsT,ni HAD 27 UAnUm.ui Abstract 46 BEARINGS,DISTANCES AND ACREAGES ARE GRID, And TRACT WFORMATION SHOWN HEREON ALMONZER HUSTON SURVEY WAS DONE SO By DEED RECORD INFORMATION AND LIMITED SURVEY DATA AND DOES NOT Abstract 33 REFLECT AN ACTUAL SURVEY, THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF g� LiaNrsfly 9.�A SHINE&JOH1tSTDN,INC.ALL RIGHTS RESERVED.O2aoa. Prepared in the offices of Shine k Johnston, Inc. i Shine & lohnaton. Inc. P.O.Bea 391 X Silsbcc,Tcsu 77656 ALMONZER HUSTON SURVEY Php(409)385.5266 A-33 c Fas-p(4D9)305.0936 IFIle name:090619CS1.dwg CBS End Ctosoing Plot date:9121109 at 4:00 III Y=202,2]2 Jefferson County,Texas X 3'9x'955 Central Zone �`. . . . . . .__._._._._._._._ 1514' __ ___-___ -"------ ConterIna Of Road Old Sour Lake Road 351]'----- x Survey Line 3 2 A m / o 7 I I Begin Crossing Y x202,172 X=3,9x,954 / n 9 B 6 5 4 �ry i s 6 g -i of s g a Ingot ' o Not To Scats c 17Y Iron Rod 316•Iron Rod o g ^ Found Found 1�L a' -{--H-t 144111 1 14+h-+H-H, +j I r ASHAEL SAVERY SURVEY \ 0' 25�50�200' _— A-46 3ar Scale 1" = 100' ' INSET NOT TO SCALE Profile View Of Old Sour Lake Road q 6 _ 12'Wxle — � r c u. u Povomont s S Z C > v o u m G O m O 0 0 p 00.. n R SZ l f o o a O o M m In m g � m ro m m � � � I I a � a g � 3 Coniadino Of Proposed PiPdlnoa — Plat Showing The Approximate Location Of Proposed Pipeline Crossings For "Cimarex Energy Co." In The NOTE: ASHAEL SAVER Y SURVEY ALL THE HORIZONTAL CONTROL IS REFERRED TO THE TEXAS STATE PLANE COORDINATE Abstract 46 SYSTEM,LAMBERT PROJECTION,CENTRAL ZONE(PER CLIENT REQUEST).NAD 27 DATUM. / J� (��7 And TRACT CEANDL AND LEASE ARE GRID. AL.l VION ER HUSTON SURVEY TRACT AND LEASE WFORMATION SHOWN HEREON IS DONE So BY LIMITED SURVEY Abstract 33 DATA AND AVAILABLE DEEO RECORD INFORMATION ONLY AND DOES NOT REFLECT AN ACTUAL SURVEY. THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF SHINE S JOHNSTON.INC. Prepared in the offices of Shine & Johnston, Inc. ALL RIGHTS RESERVED.0 2009. 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 grant a Pipeline License Agreement to Cimarex Energy Co. to install a six inch (6") pipeline in a ten inch (10") casing pipe across Phelan Boulevard right-of-way for the purpose of transporting oil, gas, water or products. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY [I 17C 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: October 13, 2009 REQUESTED ACTION: Council consider authorizing the granting of a Pipeline License Agreement to cross city right-of-way. RECOMMENDATION The Administration recommends authorization to grant a Pipeline License Agreement to cross Keith Road right-of-way near the Beaumont Municipal Airport. BACKGROUND Cimarex Energy Co. has requested permission to install an 8 inch natural gas pipeline across Keith Road right-of-way. The pipeline is for the purpose of transporting oil, gas, water or their refined products from Cimarex's well near the Beaumont Municipal Airport and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$2.25 per linear foot of pipeline. engcimarex_keith-ib 6 October 2009 Shine dr John.Nxln" Inc. P.O.Box 391 NOTE: Silsbee,7exu 77656 ALL THE HORIZONTAL CONTROL IS REFERRED TO THE TEXAS Ph#(409)385-5266 STATE PLANE COORDINATE SYSTEM,LAMBERT PROJECTION, o Fax#(409)385-0936 CENTRAL ZONE(PER CLIENT REQUEST),NAD 27 DATUM.ALL a. File name:090619PLDWG CBS BEARINGS,DISTANCES AND ACREAGES ARE GRID. Plot date:9117109 at 4'20 Jefferson County,Terns TRACT INFORMATION SHOWN HEREON Dishrnan Road Central Zone WAS DONE SO BY DEED RECORD INFORMATION AND LIMITED SURVEY DATA AND DOES NOT REFLECT AN ACTUAL SURVEY. Tract Llne THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF SHINE 8 JOHNSTON,INC.ALL RIGHTS RESERVED.Q 2009. Existing Canal Manion Gas Unit No.1 I I I i I CALLED 400 ACRE TRACT Z FROM C.DOORNBOS TO M.F.YOUNT 'v VOLUME 350 PAGE 404 DECEMBER 17,1930 '�a 3 �m y m v d ° I m_ N� n m m � ALMONZER HUSTON SURVEY m A-33 I I Inset Not To Scale I ProP.6" 6" (Typical) Proposed —`TL-611L.— S I Proposed 6"Pipeline � prop,g" I I I From Meter Site To Production Facility See Plat No J tl,758 Total Feet or i' 090309CS2 ±107 Total Rods See Plat No. I I 090619PLMS I I Prop.6"PL @ Proposed 8'Pipeline Proposed Existing DCP 8 q 8 From Meter Site To Production Facility ��'� Meter Site Pipeline ±1,752 Total Feet or ��°��, Prop.8"PL @ Bar Scale 1 = 600' I ±106 Total Rods -'�-c� I Existing Kinder :� � �,� Morgan Pipeline Tract Line Proposed Nine Dragons Existing Canal Inset Not To Scale y w � v HIV NIO N O I O a 8Io 8.0 N N a0 y TiN N d m n 4 & A � m n N Ir Note* All Totals are from the centerline I I of Old Sour Lake Road to the Prop. Production Facility Facility Plat Showing The Approximate Location Of I II Proposed Pipeline Routes For "Cimarex Energy Co." H In The Phelan Blvd. ALMONZER HUSTON SURVEY Old Sour Lake Road Abstract 33 LNey Ine yqamaem. �or.m�i`, 5' .ao, Railroad Prepared in the offices of Shine & Johnston, Inc. Shine & Johnston. Inc. - I P.O.Box 391 0' 25' 50' 1"0' 3 Silsbee,Texas 77656 �� -� Ph#(409)385-5266 Bar Scale 1 Fax#(409)385-0936 File name:090309CS2.dwg CBS 2 0 Plot date:9/18/09 at 9:00 3 < x Jefferson County,Texas Central Zone m cg m 3 o 0 o o a' 9 m v o m n m I m m � n c� v_ x End Crossing `-° 6"Pipeline ? g r A V=205,218 `D Proposed Tap Point Begin Crossing 6'Pipeline o X=3,935,357 m O 6"End Bore Y=205,213 0. Y=205,230 X=3,935,277 _ X=3,935,538 ±337'Total Bore m prop.6"PIL CIL. 6"Proposed Line Proposed Tap Point t314'Total Bore 8"End Bore 36"Culvert Prop.8"Pit-CIL 8"Proposed Line Y=205,223 X=3,935,516 v m o N o Begin Crossing 8"Pipeline n N o io Y=205,207.35 w 4 End Crossing o X=3,935,277.32 - c o ° 8"Pipeline o I I r° µo Y=205,212.41 S m x m X=3,935,356.95 m m m o m m op o io 0 n m ¢� INSET NOT TO SCALE Profile View Of Keith Road o ° 25'wide Pavement S o v + Z Z m v m O N A (D b, Q rn c o o mm n°+i mm o o v N X m m m a r m `m o m " °' m O `c < < o o < aA 3 0 0 F O o 3 3 n n a W W O 3 N N o O W o O O O m m m m u ❑ u n a r0 N O o O O 3 � Centerline Of Proposed Pipelines Plat Showing The Approximate Location Of Proposed Pipeline Crossings NOTE: For ALL THE HORIZONTAL CONTROL IS REFERRED "Cimarex Energy Co." TO THE TEXAS STATE PLANE COORDINATE SYSTEM,LAMBERT PROJECTION,CENTRAL In The ZONE(PER CLIENT REQUEST),NAD 27 DATUM. ALL BEARINGS AND ACREAGES ARE GRID. R HUSTON SURVEY TRACT AND LEASE INFORMATION SHOWN ALMONZt E SURVEY HEREON IS DONE So BY LIMITED SURVEY Abstract 33 DATA AND AVAILABLE DEED RECORD INFORMATION ONLY AND DOES NOT REFLECT AN ACTUAL SURVEY. THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF SHINE S JOHNSTON,INC. Prepared In the offices of Shine & Johnston, Inc. ALL RIGHTS RESERVED.0 2009. 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 grant a Pipeline License Agreement to Cimarex Energy Co. to install an eight inch (8") natural gas pipeline across Keith Road right-of-way for the purpose of transporting oil, gas, water or related refined products. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - F RICH WITH OPPORTUNITY [IEA,111�ICIIII 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: October 13, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide water services for the North Star properties located on Eastex Freeway. BACKGROUND MPC North Star, Inc. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement is out of City Plat RS-4, Tract 214-B, of the Replat of W. B. Dyches Survey and will provide water service for the North Star properties located at 8035 Eastex Freeway. BUDGETARY IMPACT None. engnorthstar-ib.wpd 2 October 2009 RESOLUTION NO. WHEREAS, MPC North Star, Inc., has offered to convey a ten foot(10')wide water line easement out of City Plat RS-4, Tract 214-13, of the Replat of W B. Dyches Survey, as described in Exhibit"A"and shown on Exhibit"B" attached hereto, to the City of Beaumont for the purpose of providing water services to property located at 8035 Eastex; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by MPC North Star, Inc., as described in Exhibit "A" and shown on Exhibit "B", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - Fittz & Shipman INC Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION OF A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE W.D. DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 30, 2009 That certain centerline description for a 10' wide exclusive water line easement out of the W. D. Dyches Survey, Abstract 17, Jefferson County, Texas and being out of that called 2.25 acre tract conveyed to MPC North Star Properties, Inc. as recorded in Clerks File No. 2008004298 of the Official Public Records of Jefferson County, Texas, said 0.0106 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the southwesterly line of the said 2.25 acre tract having been called North 34 019'30" West 324.93 feet. COMMENCING at a capped iron rod found in the southwesterly right-of-way line of Eastex Freeway (aka U.S. Highway 69, 96 and 287) for the east corner of the said 2.25 acre tract from which an "X" in concrete found for the east corner of a called 3.497 acre tract conveyed to Whitehouse Beaumont Investors, LLC as recorded in Clerks File No. 2004029976 of the Official Public Records of Jefferson County, Texas and the north corner of the said 2.25 acre tract bears a chord bearing of North 18°44'37" West and a chord distance of 323.85 feet; THENCE North 20°18'05"West along the said southwesterly right-of-way line of Eastex Freeway (aka U.S. Highway 69, 96 and 287) and the northeasterly line of the said 2.25 acre tract a distance of 5.02 feet to a point for the POINT OF BEGINNING of the said centerline; THENCE South 64 009'40"West along the said centerline a distance of 249.97 feet to a point in the northeasterly right-of-way line of Old Voth Road and the southwesterly line of the said 2.25 acre tract for the POINT OF TERMINATION of the said centerline from which a capped iron rod found for the south corner of the said 2.25 acre tract bears South 34°19'30" East 5.06 feet (called South 34 019'30" East). This field note description is being submitted along with a plat of even date based on a survey performed by Fittz & Shipman, Inc. during January 2009. �E0FTp Walter J. Ksiazek .ti: GIST4�gs'* Registered Professiona and Surve or No. 5321 * •�` WALTER I KSIAZFK Fittz&Shipman,Inc. ��•;3 SSw';•OQt Project No. 07192.0003esmtl N Sup Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXHIBIT "A" PLANT LNVq CANAL -k OLD VOTH ROAD 55,06 (BASIS OF BEARINGS) ���1.0•� °`�RFD RD (CALLED N 34'19'30" W 1147.07) FOUND 3/4' HOME qD N 34'19'30" W 1147.07 IRON ROD �j � FOUN POINT OF 324.93 aw tiO 09 IRON ROD TERMINATION In m I CENTERLINE °i Ir\ OF EASEMENT 3 w T Iv cW ll� Wo CLERKS FILIEONOP2007048482, 3N VN 10' WIDE EXCLUSIVE r N O.P.R.J.C. s: IN WATER EASEMENT (REMAIN DER 173 ACRES) a: 13 't z VICINITY MAP to < a to z v NTS FOUND 3/4' u y III MPC NORTH STAR PROPERTIES, INC. IRON ROD CLERKS FILE NO. 2008004298, O.P.R.J.C. NOW OR FORMERLY N 20'18'05" W I POINT OF (CALLED 2.25 ACRES) n h WHITEHOUSE BEAUMONT `02 BEGINNING INVESTORS, LLC I CENTERLINE �, CLERKS FILE NO. 2004029976, O.F.R.J.C. OF EASEMENT (CALLED 3.497 ACRES) m COMMENCING n � X POINT 2 FOUND CAPPED r� M I IRON ROD IN �oU5 C7 �N O rAKS EASTE 2 MGHwAY X FREJ�I `� 6g 86 ++ FOUND "X" IN CONCRETE NUMBER DELTA RADIUS ARC CHORD CHORD BEARING C1 03'09'52" 15864.60 1323.89 1323.85 IN 18'44'37" W 0®00 S C A L E SURVEYOR'S CERTIFICATION: ;.�yr,$TF/,i'tgS I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, �� lC�• ; THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE 't • * ; ON THE GROUND UNDER MY SUPERVISION DURING JANUARY 2009. / WALTER J. K-SIA.ZFK 0:\SURVEYS\07192\07192-OD1\192w..,t.dwg 5ep 30, 2009 09:51.m Sul ,� ` EXCLUSIVE WATER LINE EASEMENT WALTER J. KSIAZEI ` ••;1FSsq.OQ, Fittz�Shipman REGISTERED PROFESSION?LND RvE YOR No. 5 t �N $ufiv'e CoruulhngEngine= ,,d LandS,"yo' INC. PROJECT NAME: MPC NORTH STAR PROPERTIES, INC. 1405 CORNERSTONE COURT, BEAUMONT, TEXAS W.D. DYCHES SURVEY, A-17 (409) 832-7238 FAX (409) 832-7303 JEFFERSON COUNTY, TEXAS PROJECT NO. DATE: 9-30-09 07192.0003 G RICH WITH OPPORTUNITY I'Lm A,11 1�1 C1 I I 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: October 13, 2009 REQUESTED ACTION: Council consider authorizing the purchase of property for a replacement sanitary sewer lift station on Frint Drive. RECOMMENDATION The Administration recommends the purchase of a 0.0964 acre tract of land for a replacement sanitary sewer lift station on Frint Drive. BACKGROUND South Beaumont Farms, Inc, has agreed to convey, at the request of the City of Beaumont, a 0.0964 acre tract of land to the city for a sanitary sewer lift station to replace the existing Frint Drive lift station. The lift station property(out of the Shelby Corzine Survey) would be specifically to accommodate the construction, operation, and maintenance of the replacement lift station including access, sanitary sewer line, lines, and appurtenances. 0.0964 acre tract of land Shelby Corzine Survey(Frint Drive) Value: $2,500 The existing lift station was designed and constructed in 1971. The lift station has a service area of approximately 210 acres, which includes Frint Drive, LaBelle Road, Hwy 124, and "Ford Park". BUDGETARYIMPACT Funds for the project are available in the Water Fund. RESOLUTION NO. WHEREAS, an agreement has been negotiated in the amount of $2,500 for the acquisition of land located on Frint Drive, being an 0.0964 acre tract out of the Shelby Corzine Survey,Abstract No. 14, Beaumont, Texas, as described in Exhibit"A" and shown on Exhibit "B" attached hereto, for the purpose of locating, constructing, operating and maintaining a sanitary sewer lift station to replace the existing Frint Drive lift station; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following tract, as described in Exhibit"A" and shown on Exhibit "B" attached hereto, for the purpose of locating, constructing, operating and maintaining a sanitary sewer lift station to replace the existing Frint Drive lift station, be and the same is hereby, approved: 0.0964 acre tract of land Shelby Corzine Survey (Frint Drive) Value: $2,500 Owner: South Beaumont Farms, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - SCHAUMBURG & POLK,INC, BEAUMONT a HOUSTON * TYLER DESCRIPTION OF A 0.0964 ACRE TRACT IN THE SHELBY CORZINE SURVEY,ABSTRACT NO. 14 JEFFERSON COUNTY,TEXAS DECEMBER 31,2008 All that certain tract or parcel of land lying and being situated in Jefferson County,Texas, a part of the SHELBY CORZINE SURVEY, ABSTRACT NO. 14 and being a part of that certain tract of land herein referred to as the "1020.507" acre tract, which said 1020.507 acre tract is described in that certain instrument from Fred L. Parks, Trustee, to South Beaumont Farms, Inc. dated August 29, 1988 and recorded in County Clerk's File No. 102-42-1501 of the Real Property Records of Jefferson County, Texas, with the said tract or parcel herein described being more particularly described as follows: COMMENCING at a 1" pipe found for the northeast corner of the Shelby Corzine Survey, Abstract No. 14 and being the northeast corner of Division #3 of the Shelby Corzine Survey and the northeast corner of the said 1020.507 acre tract; THENCE West (deed bearing — Basis of Bearings) along and with the north line of Division #3 for a distance of 3817.00 feet to an angle point in the north line of said 1020.507 acre tract; THENCE South for a distance of 30.00 feet to another angle point in the north line of said 1020.507 acre tract and being the south right-of-way line of Frint Road (also known as Tyrrell Park Road); THENCE West along and with the south right-of-way line of Frint Road for a distance of 114.27 feet to a 1/2"rod with cap stamped"SPI INC" set for the northeast corner and POINT OF BEGINNING of the herein described tract or parcel; THENCE South for a distance of 70.00 feet to a 1/2"rod with cap stamped"SPI INC" set for the southeast comer of the herein described tract or parcel; THENCE West for a distance of 60.00 feet to a 1/2"rod with cap stamped"SPI INC" set for the southwest corner of the herein described tract or parcel; THENCE North for a distance of 70.00 feet to a 112"rod with cap stamped"SPI INC"set in the south right-of-way line of Frint Road for the northwest corner of the herein described tract or parcel, and from which the northwest corner of the said 1020.507 acre tract,at the intersection of the south right-of-way line of Frint Road with the east right-of-way line of LaBelle Road, bears West a distance of 4325.73 feet; THENCE East along and with the south right-of-way line of Frint Road for a distance of 60.00 feet back to the Point of Beginning and containing 0.0964 acres of land. EXHIBIT "A" PIPE P.O C. a EepT4+� � o SIN{ks PPELL T —�C yr O � {UN, ypi{vl r��—" •\ coa 1 i- ` ACRE�TR TR ACT ]1.66 Area 1 1 wl a Iws \ va.i•ee ra�_ MU 6fC BElew �\ e.a.el J.CIi. _ 11 SOUTH BEAUMONT FARMS m'1 (1020.507 ACRES) r�11 C.C. FILE #102 42 1507 1 F 11 R.P.R. of J.C.TX. 1111 � t / 1 J \\ PLAT OF A 0.0964 ACRE TRACT IN THE X �' SHELBY CORZINE SURVEY, W I' \ 11 ABSTRACT No.14 i \ JEFFERSON COUNTY, TEXAS PREPARED BY �M SCHAUIM w RG�&POLK INc 1 '' — nip pgReab,•p000e20 8a66 CdMe•Q�w1,ase,mvR Taw J7)OJ BFI LANDFILL __ J 11 nos.eaQ+ 4w� ep 11 EXISTING LANDFILL SITE (- 11 1 _ 11 ( J 11 r _fir �— J LINE TABLE`\ T 1 O 0.0964 IQ BEARING DISTANCE 11 ©I ACflE TRACT WEST 3817.0' SOUTH 30.0 1 0' SOUTH 70,00, 11 O WEST 60.00' 1\ NORTH 70.00, \ EAST 60.00' WEST 4325.73' H RICH WITH OPPORTUNITY [I I'Lo A,11 1�1 C1 I I T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 13, 2009 REQUESTED ACTION: Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the account on August 10, 2009. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the one tax account. BUDGETARYIMPACT None. � g,SON C� 1 w4k 0�2� MIRIAM K. JOHNSON �c 1 SUSIE JAMES TAX ASSESSOR-COLLECTOR '= 1\ CHIEF DEP UTY September 29, 2009 Kyle Hayes City of Beaumont P O Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted one (1) payment that was processed according to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on August 10, 2009 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter, please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. JOHN N Assessor-Collector of Taxes Jefferson County, Texas MKJ:db W Attachment Waive p&i letter JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the penalty and interest on the account shown on Attachment A be and are hereby waived pursuant to Section 33.011 of the Texas Property Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - ATTACHMENT A WAIVER OF P & I CITY OF BEAUMONT TAXPAYER'S NAME TOTAL LEVY WAIVER OF P & I ACCOUNT NUMBER PAID REQUESTED CAMPBELL, ALAN 618.88 55.70 008901-000/012900-00000 2008 i TOTAL 618.88 55.70 RICH WITH OPPORTUNITY I'Lo . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to enter into an agreement between the City of Beaumont and the Beaumont Independent School District (BISD). RECOMMENDATION Administration recommends Council approval. BACKGROUND The Beaumont Public Health Department was awarded grant funds in the amount of$319,748.00 from Texas Department of State Health Services to assist with the coordination of evacuating the Medical Special Needs population in North Jefferson County. Portions of these funds($14,500.00) will be used to purchase and install two (2) air conditioning units to retrofit non-air conditioned BISD buses for use in mass evacuations. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal agreement with the Beaumont Independent School District, substantially in the form attached hereto as Exhibit 'A" for the purpose of facilitating the evacuation of the medical special needs population during times of emergency operations. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - Interlocal Agreement Between the Beaumont Independent Scb oI District and the City of Beaumont � This Interlocal Agreement("Agreement")is entered into between th$Beaumont Independent School District("District"), and the City of Beaumont. ' he District is an Independent School District organized under Education Code Chapt�r 1 1.The City of I Beaumont is a Local Government organized under the laws of the St*te of Texas(City of Beaumont). The Interlocal Cooperation Act, Government Code Chanter 791,governs this Agreement. I.Purpose Under a grant from the Department of State Health Services,the City of Beaumont is required to plan and prepare for a public health emergency which ma�result from natural or man-made causes. During such an emergency, it my be necessary to evacuate a large number of people in the area served by the District and City of Beaumont. Prior experience with mass evacuations has shown that School Districts and well suited to this activity because they have the vehicles (school buses)required for m*ss evacuations. The City of Beaumont has concluded that the District possesses the vehicles that are qualified to evacuate a.large number of people if it's necessary. The District desires to be as helpful as possible in the event of a public health emergency,and 4grees to make its vehicles (school buses)available for purposes of mass evacuations,uiYder the terms set out herein. The District and the City of Beaumont have concluded that this contemplated i EXHIBIT "A" use of the vehicles is a"governmental function"as defined in the Interlocal Agreement Act. II. Public Health Emergency This agreement will go into effect only if- The Mayor declares that a mandatory evacuation is necessary as a safety measure due to a hurricane or other major event that requires evacuation. 111. Obligations of the City of Beaumont 1) The City of Beaumont will supply or arrange for equipment(installation of air conditioning) necessary to provide mass evacuations. 2) The City of Beaumont will be responsible for disposal of medical waste and disinfection of the vehicles (school buses) following its use for the emergency. 3) The City of Beaumont is responsible for the acts and negligence of its employees or volunteers, under state and federal law. Obligations of the District 1) The District is responsible for allowing the use of the vehicles (school buses) during a mass evacuation. 2) The District is responsible for the acts and negligence of its employees or volunteers, under state and federal law. Term This agreement becomes effective when approved by the governing body of the District and the City of Beaumont. It may be canceled by either party by giving thirty days notice to the other party, otherwise it remains in effect for five years and may be renewed by mutual agreement. Independent Contractor The parties acknowledge that the relationship of District and City of Beaumont is that of independent Contractor, and that nothing contained in this agreement shall be construed to place District and City of Beaumont in the relationship of principal and agent, master and servant, partners or joint ventures. Governing Law This Agreement is governed in all respects by the laws and Constitution of the State of Texas. City of Beaumont Beaumont Independent School District Kyle Hayes, City Manager Terry Ingram, BISD RICH WITH OPPORTUNITY I'Lo . T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER OCTOBER 13, 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 1-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds in the amount of$2,941,000 2. Consider approving a Owner-Occupied Rehabilitation Program utilizing $300,000 from 2009 HOME Program funds 3. Consider approving amendments to and authorizing the City Manager to execute amendments to agreements with the South East Texas Regional Planning Commission relating to Federal Disaster Recovery Funds from the Texas Department of Housing and Community Affairs 4. Consider authorizing the City Manager to submit a grant application for Stimulus Grant Program funds related to Traffic Signal Synchronization 5. Consider approving the purchase of trash containers for use by the Solid Waste Division 6. Consider approving a contract for the Phelan Boulevard Extension Sidewalk Project 7. Consider authorizing the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. for the relocation/removal of overhead electrical lines within the limits of the Calder Street Project 8. Consider approving a bid for the installation of an Automated Weather Observation System at the Beaumont Municipal Airport WORK SESSION * Receive a report from the Texas Historical Commission related to preservation programs COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney Tina Broussard, City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 October 13, 2009 Consider authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds in the amount of$2,941,000 RICA WITH OPPORTUNITY BEA,UMON*' T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 13, 2009 REQUESTED ACTION: Council authorize the City Manager to execute a contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds in the amount of$2,941,000. RECOMMENDATION The Administration recommends approval. BACKGROUND The Texas Department of Housing and Community Affairs has awarded $17,100,000 in CDBG Disaster Program funds to the Southeast Texas Regional Planning Commission to assist with Hurricane Ike disaster recovery in Beaumont. The City will act as a subcontractor of SETRPC in administering the applicant intake and certification process for the program. SETRPC will be responsible for the contracting and construction activities related to all qualified applicants. Administrative funds totaling $316,000 have been allocated for operating and administrative costs. The City will also be responsible for demolition activities authorized under this program including contracting and demolition of residential structures. Funds totalling$2,625,000 have been allocated for demolition administrative costs($125,000)and demolition activities($2,500,000). The contract and budget are attached for your review. BUDGETARY IMPACT Funding will be provided by the Texas Department ofHousing&Community Affairs CDBG Disaster Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with the Southeast Texas Regional Planning Commission,substantially in the form attached hereto as Exhibit"A,"for the administration of Hurricane Ike disaster recovery funds in the amount of $2,941,000 provided by the Texas Department of Housing and Community Affairs CDBG Disaster Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - CONTRACT BETWEEN SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Sub-Recipient of the TDHCA CDBG Hurricane Ike Disaster Program) AND THE CITY OF BEAUMONT, SUB-CONTRACTOR PARTIES TO THE AGREEMENT This Inter-local Agreement is made and entered into by and between South East Texas Regional Planning Commission (hereinafter called the "SETRPC") acting herein by its Executive Director duly authorized by SETRPC's executive committee, and the City of Beaumont, Jefferson County, Texas for the purposes of administration of CDBG Hurricane Ike Disaster Program (hereinafter called "Ike Program"). The parties hereto agree,by the execution hereof, that they are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. WITNESS THAT: WHEREAS, Chapter 791 of the Texas Government code, also known as the Inter-local Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services, including administrative entity functions normally associated with the operation of government, such as administration and management of programs designed to assist its citizens; and WHEREAS, SETRPC is the Contract Administrator for the Texas Department of Housing and Community Affairs (TDHCA) for the Community Development Block Grant(CDBG) Hurricane Ike Disaster Program that was legislated to assist individuals and families who meet one of the three national objectives (i.e. Low or Moderate Income, Urgent Need, and Slum and Blight) recover from the devastating effects of Hurricane Ike and to provide them with a home that is decent, safe and sanitary conditions; and WHEREAS, the City of Beaumont currently administers U. S. Department of Housing and Urban Development CDBG and HOME programs whose missions are to provide safe, affordable homes to low to moderate income residents; and WHEREAS, under the terms of the agreement between SETRPC and TDHCA, SETRPC must ensure that all applicable state and federal requirements are met concerning the disbursement of funds; WHEREAS, projects undertaken by the City of Beaumont pursuant to this contract must be of direct benefit to low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; Page 1 of 18 WHEREAS, SETRPC and the City of Beaumont desire to enter into this Contract for the purpose of fulfilling and implementing their respective public and governmental purposes as agreed to by both parties; WHEREAS, SETRPC is of the opinion that cooperation in the implementation of the programs and services to be provided by Ike Program funds will be beneficial to the citizens and the governments located in the City of Beaumont through the efficiency and potential savings to be realized; WHEREAS, SETRPC certifies that it is the designated TDHCA Contract Administrator of the Ike Program as allocated by the Texas Department of Housing and Community Affairs; WHEREAS, SETRPC certifies that it is independently authorized to enter into this Contract as a unit of local government as defined under State of Texas Local Govemment Code, Subtitle C., Chapter 391; and, NOW THEREFORE,the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and contract as follows: 1. STATEMENT OF RESPONSIBILITIES—Contract Administrator (SETRPC) Receiving CDBG funds designated for Disaster Assistance for Hurricane Ike, SETRPC shall have the following responsibilities as defined by: • The National Affordable Housing Act of 1990, as amended. • Notices of the Office of Community Planning and Development (CPD Notices) A. Administrative: SETRPC shall have certain legal and administrative responsibilities including,but not limited to: 1. Execute and approve all TDHCA documents necessary to request and receive funds; 2. Receive and respond to citizen inquiries; 3. Receive recommendations from Hurricane Ike CDBG Housing Advisory Committee(HIHAC); 4. Prepare and monitor budgets based on need; 5. Authorize vouchers and draw-downs for TDHCA reimbursement; 6. Disburse funds to City of Beaumont; Page 2 of 18 7. Execute and approve all TDHCA documents necessary to submit annual compliance and performance reports; 8. Complete all reports as required by TDHCA; 9. Respond to all TDHCA inquiries; 10. Monitor and evaluate services and projects provided by the City of Beaumont; and 11. Receive and review all Multi-Family Rehabilitation and New Construction and Single-Family Rental Rehabilitation applications; B. Financial: SETRPC shall comply with fiscal accountability duties in compliance with federal regulations. These services will include, but are not limited to: 1. Prepare vouchers and draw-downs for reimbursement of Ilse Program funds; 2. Prepare annual project budgets; 3. Maintain accounting requirements in accordance with applicable OMB Circulars; 4. Review City of Beaumont audits. C. Management: Administrator will be responsible for,but are not limited to, the following activities: 1. Complete all strategic planning documents; 2. Perform Environmental Review and other compliance regulations; 3. Develop program guidelines; 4. Develop projects and activities; 5. Select and implement activities; 6. Select all contractor managers, general contractors, inspectors, and subcontractors as necessary with the exception of activities associated with the City of Beaumont's demolition allocation; 7. Maintain and provide project and program file documentation in accordance with federal requirements; Page 3 of 18 8. Monitor and evaluate contractors receiving funds to ensure compliance with Program Guidelines; 9. Maintain management compliance requirements as needed to meet the Ike Program regulations; 10. Affirmatively market all properties and/or programs to eligible low or moderate-income residents as described in 24 CFR Part 570; 11. Comply with all state and federal Lead-Paint requirements, including appropriate notices, evaluations, inspections, certifications, and corrective procedures, and including those requirements described in Subparts J, M, and K of 24 CFR Part 570; and, 12. Execute all homeowner and multifamily contracts. 2. STATEMENT OF RESPONSIBILITIES—Sub-Contractor (City of Beaumont) A. City of Beaumont agrees to comply with all sections requirements of Title 24 Code of Federal Regulations, Parts 91 and 92 of the U.S. Housing and Urban Development regulations concerning the Ike Program and all federal regulations and policies issued pursuant to these regulations. B. City of Beaumont shall provide SETRPC with a certified Cost Allocation Plan within 30 days after execution of this contractor or before first draw request, whichever one may come first. C. City of Beaumont agrees to utilize funds made available under this Contract to supplement rather than to supplant funds otherwise available. D. City of Beaumont shall collect and submit on a regular basis documentation regarding leverage funds being used in collaboration with Ike Program funds. 1. Income Eligibility for Owner-Occupied Program: City of Beaumont agrees to collect and maintain client data demonstrating client eligibility for services provided, including: • owner-occupied rehabilitation applications, and • owner-occupied reconstruction applications. Upon certification and eligibility of owner-occupied applications, the City of Beaumont agrees to submit a compliant file for each Ike Program beneficiary to SETRPC. Page 4 of 18 2. Demolition: The following will be required by SETRPC for all demolition activities: a. All requests for reimbursement for project and administrative costs must be submitted on a monthly basis. b. Copy of Environmental Clearance Notification - Verify that address on both Environmental Clearance and Bid Proposal is the same for each activity. c. Copy of City Council Resolution designating properties as Slum &Blight on a spot by spot basis - Must include addresses d. Copy of Bid e. Copy of Demolition Contract - Must be signed and dated by contractor and City Official f. Form 11.04—Request for Payment - Signed by the Demolition Contractor (as the Building Contractor) and signed by the Demolition Program official (as the Inspector) g. Itemized invoice from Demolition Contractor - Signed by a City Official h. Before photos - Include the name of structure being demolished and the physical location address. i. After photos - Include the name of structure being demolished and the physical location address. j. Form 7.02—Contractor and City of Beaumont Activity Report (HUB Report) - Must include name, address, federal ID number or social security number of contractor and/or subcontractor and the amount of the contract or sub-contract NOTE: • All documents need to be submitted to SETRPC on 8'/2 x 11 paper and folders. • City of Beaumont shall execute all demolition contracts. Page 5 of 18 3. Records: a. City of Beaumont shall maintain records regarding applicants who are determined not eligible to receive assistance, including written and prompt notification of denial. b. City of Beaumont shall provide SETRPC and/or TDHCA with the ability to directly review, monitor, or audit the operational and financial performance or records of work performed under this Contract in accordance with OMB Circular A-87 or A-122, as applicable, 24 CFR 570.490 of the Regulations. c. City of Beaumont shall maintain fiscal records and supporting documentation for all expenditures of funds made under this Contract in a manner which conforms to OMB Circular A-87 or A-122, as applicable, 24 CFR 570.490 of the Regulations in Exhibit C, and this Contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. The City of Beaumont shall retain such records, and any supporting documentation, for the greater of: (i) five years after close-out of this Contract; (ii) if notified by the Department in writing, the date that the final audit is accepted with all audit issues resolved to the Department's satisfaction, or (iii) a date consistent with the period required by other applicable laws and regulations as described in 24 CFR 570.487 and 570.488. The City of Beaumont shall cooperate fully with any audit, review, or investigation of the CDBG Program by the Department or any state or federal body lawfully conducting any such audit, review or investigation and shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Department, the Auditor of the State of Texas, an Department or agency of the State of Texas, and the Department, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the City pertaining to this Contract. Such rights to access shall continue as long as the records are retained by the City. The City agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act. d. All customer/client information shall be maintained in a secure and confidential manner, and the City of Beaumont agrees to comply with all local, state, and federal guidelines. Page 6 of 18 3. PERFORMANCE A. Time of Performance: 1. Services of the City of Beaumont designated herein are to commence on the September 11, 2009, and end on the latter date of the September 10, 2011, or the expiration of any extended period for the receipt of Ike Program funds. 2. The term of this Contract and the provisions herein shall be extended to cover additional time periods to run concurrently with TDHCA's disaster recovery contract with SETRPC, providing the City of Beaumont complies with this Contract and the Federal regulations governing the Ike Program. B. Performance Standards: 1. The City of Beaumont will complete the tasks in this agreement in a timely, efficient and professional manner. 2. The City of Beaumont will make monthly reports to SETRPC electronically on the 5th of each month that contains information requested by SETRPC and TDHCA. 4. CONTRACT SUSPENSION/TERMINATION A. If the City of Beaumont shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the City of Beaumont shall violate any of the covenants, agreements, or stipulations of this Contract, SETRPC shall,upon concurrent opinion of HIHAC, have the right to terminate this Contract by giving written notice to the Sub-Contractor of such termination and specifying the effective date thereof at least thirty(30) days before the effective date of such termination. B. All finished or unfinished documents, data, maps, studies, surveys, drawings, models,photographs and reports prepared by the City of Beaumont under this Contract shall, at the option of SETRPC,become the property of SETRPC. City of Beaumont shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. C. Debarment: Failure to adequately perform under this Contract may result in penalties including the possibility of debarment from performing additional work for TDHCA. 5. COMPENSATION A. Minimum Financial Standards Requirement: No compensation maybe paid to the City of Beaumont until a qualified Certified Public Accountant has provided Page 7 of 18 written certification to SETRPC that the City of Beaumont is in full compliance with the standards set forth in OMB A-102. B. Maximum Compensation: The TDHCA Ike Program specifically limits administrative costs to ten percent (10%) the allocation. The City of Beaumont shall be reimbursed for its allowable administrative costs associated with income eligibility. C. Compensation Structure: City of Beaumont warrants and acknowledges that no other compensation will be paid for administration of the Ike Program under this Contract. D. Indirect Costs: City of Beaumont may utilize an indirect cost rate allocation if, and only if, the City of Beaumont has submitted a certified Indirect Cost Allocation Plan to its state cognizant agency. E. Payment Structure: City of Beaumont shall be reimbursed only for those items that are eligible expenses under the Ike Program and are specifically related to determining income eligibility or demolition. 6. PROGRAM INCOME A. Any program income shall be returned to the State of Texas. B. Program Income means gross income, including interest earned on Ike Program funds or received by the City of Beaumont, which is directly generated from the use of Ike Program funds. C. When program income is generated by an activity that is only partially assisted with Ilse Program funds, the income shall be prorated to reflect the percentage of said funds. (The definitions to be utilized are contained in CPD Notice 97-9.). Income generated by a project which is funded with program income, is also program income. D. City of Beaumont shall report monthly all program income as defined at 24 CFR Part 570 generated by activities carried out with CDBG funds made available under this contract. E. City of Beaumont will track and account for any program income as required by HUD and outlined in HUD CPD Notice 97-9. 7. MANAGEMENT,AUDIT, PROCUREMENT AND CLOSE-OUT A. Financial Mana ems: It is understood by the City of Beaumont that CDBG funds are subject to the requisite CFRs and the Federal Government's Office of Management and Budget circulars (OMB Circular): Page 8 of 18 I 1. The general requirements for financial management systems and reporting are found in 24 CFR Part 84-85; 2. OMB Circular no. A-87, "Cost of Principles for State, Local, and Indian Tribal Governments"; 3. OMB Circular no. A-133, "Audits of State and Local Governments;" and 4. OMB Circular no. A-102, "Grants and cooperative agreements with state and local governments". B. Policies and Procedures: City of Beaumont must establish and use a set of written accounting policies and procedures which meet the minimum standards established by the relevant OMB Circulars for contract accounting. Standards must include adequate internal controls and maintaining necessary source documentation for all costs incurred. C. Audit: If the City of Beaumont expends $500,000 or more in Federal funds a year, the City shall have an audit conducted in accordance with the Federal Governments' OMB Circular No. A-133: 1. The audit shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits on funds provided under this Contract. 2. City of Beaumont shall provide SETRPC with a copy of this audit within six (6)months of the ending of the City's fiscal year(s) coinciding with this Contract. If the City of Beaumont expends less than $500,000 in Federal funds per fiscal year the City shall submit to SETRPC a copy of its annual audit within six (6) months of the close of the City's fiscal year. D. Documentation and Record-Keeping: City of Beaumont shall maintain this Inter- local Agreement and all applicant files transmitted to SETRPC for completion. E. Access to Records: At any time during normal business hours and as often as SETRPC, TDHCA or the Comptroller General of the United States may deem necessary, there shall be made available to these entities all of the City of Beaumont's records with respect to all matters covered by this Contract and the City of Beaumont shall permit said entities to audit, examine,and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Contract. Page 9 of 18 F. Information on File: City of Beaumont must have on file and provide access to current copies of: 1. Documentation of governmental status; 2. Copy of City statutes; 3. Any license applicable to the City of Beaumont's proposed activities; 4. Listing of the current Mayor and City Council (including name, address, occupation, position on council, and tenure); 5. Current organizational chart showing management and staffing structure; 6. The City of Beaumont's written personnel (including staff and volunteers) policies; 7. The City of Beaumont's written accounting policies and procedures; and 8. The City of Beaumont's written procurement policies and procedures; G. Program Descriptions on File: City of Beaumont must have on file and provide access to current copies of work plan or administrative entity/program guidelines based on the description of the Program and Activities in Section I of this contract and which specifies: 1. The major tasks or activities to be performed under this contract; 2. Eligibility requirements for participation and procedure for verification of information related to storm damage and any assistance received by the beneficiary from FEMA, insurance, etc.; 3. How activities or tasks will be performed; 4. The measurable objectives for each task; and 5. The time frame within which the tasks will be accomplished. H. Procurement: 1. City of Beaumont shall comply with all SETRPC, City, State, and Federal policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policies as may be procured with funds provided herein. 2. City of Beaumont shall procure materials in accordance with the Page 10 of 18 requirements of Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. I. Property Records: City of Beaumont shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the restrictions specified in Subparts E and F 24 CFR Part 570. J. Close-Outs: City of Beaumont's obligation to SETRPC shall not end until all close-out requirements are completed. 8. PERSONNEL AND PARTICIPANT CONDITIONS A. Independent Contractor: Neither the City of Beaumont nor its employees are considered to be employees of SETRPC for any purpose whatsoever. The City of Beaumont is considered to be an independent contractor at all times in the performance of the scope of services described herein. 1. City of Beaumont further agrees that neither it nor its employees are entitled to any benefits from SETRPC under the provisions of the Worker's Compensation Act of the State of Texas or to any of the benefits granted to employees of SETRPC under the provisions of the Personnel Policies as now enacted or hereafter amended. 2. City of Beaumont certifies that it will establish,publish and post a statement of its policies and requirements on maintaining a drug free workplace which complies with the "Drug Free Workplace Act" (P.L. 100-690) and shall require all providers of services under this Contract to comply with Drug Free Workplace requirements of the above noted Act. B. Personnel: City of Beaumont represents that it has, or will secure, all personnel required in performing all of the services required under this Contract. Such personnel shall not be employees of or have any contractual relationships with SETRPC. 1. All the services required hereunder will be performed by the City of Beaumont or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 2. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 3. City of Beaumont shall have in its possession a documented set of personnel policies and procedures, including fringe benefits, if any, available to its Page 11 of 18 employees that have been formally adopted by its City Council. Such a document shall be made available for inspection and determination by the SETRPC as to its acceptability. C. Prohibited Activity: City of Beaumont is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian, or religious activities, lobbying, political patronage, and nepotism activities. D. Hatch Act: City of Beaumont agrees that no funds provided,nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. E. Compliance with Civil Rights Laws and Executive Orders: City of Beaumont will comply with the provisions of, and act in accordance with, all federal laws, rules and regulations, and Executive Orders related to equal employment opportunity, affirmative action, equal access to programs and services, and the enforcement of Civil Rights, including, but not limited to: 1. Section 3 of the Housing and Urban Development Act of 1968; 2. Sections 103 and 109 of the Housing and Community Development Act of 1974, as amended; 3. Title VI and Title VII of the Civil Rights Act of 1964, as amended; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 502, 503, 504 and 505 of the Rehabilitation Act of 1973; 6. Equal Pay Act of 1963; 7. Age Discrimination in Employment Act of 1967, as amended; 8. The Vietnam Era Veterans Readjustment Act of 1974; 9. The 1986 U. S. Immigration Reform and Control Act; 10. Americans with Disabilities Act of 1990; 11. Executive Order 11063 of 1962; and 12. Executive Order 11246 of 1965, as amended. Page 12 of 18 F. City of Beaumont will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, or ancestry, physical or mental handicap, marital/familial status or disabled veteran status. G. City of Beaumont will make reasonable accommodation to the known physical or mental handicap of an otherwise qualified employee or applicant for employment. H. City of Beaumont will ensure and maintain a working environment free of sexual harassment and other unlawful forms of harassment, intimidation, and coercion in all facilities at which the City of Beaumont's employees are assigned to work. I. City of Beaumont will in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration of employment without regard to race, color, religion, sex, age, national origin or ancestry, or physical or mental handicap. J. City of Beaumont agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. K. City of Beaumont will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. 9. GENERAL REQUIREMENTS AND CONDTIONS A. Debarment, Suspension, Ineligibility and Exclusion Compliance: 1. City of Beaumont certifies that it has not been debarred, suspended or otherwise found ineligible to receive funds by an agency of the executive branch of the federal government. 2. City of Beaumont agrees that should any notice of debarment, suspension, ineligibility or exclusion be received by the City, the City will notify SETRPC immediately. 3. City of Beaumont agrees to not procure or subcontract with any agency, organization, or Contractor that has been debarred, suspended, or otherwise found ineligible to receive funds by an agency of the executive branch of the federal government. B. Use of Funds for Sectarian Religious Purposes: City of Beaumont covenants and agrees that no funds awarded through this program will be used for sectarian religious purposes, and specifically that: Page 13 of 18 1. There will be no religious test for admission for services; 2. There will be no requirement for attendance at religious services; 3. There will be no inquiry as to a client's religious preference or affiliation; 4. There will be no proselytizing; and 5. Services provided will be essentially secular. C. Lobbying: City of Beaumont understands that utilization of any federally appropriated funds provided the City by SETRPC pursuant hereto to influence or attempt to influence any member or employee of the Executive or Legislative branches of the federal government with respect to a covered federal action is prohibited. City of Beaumont further agrees that it shall comply with the certification and disclosure requirements of the applicable regulations. D. Publication, Reproduction and use of Materials: If this Contract results in any book, publication, video, audio, or any other copyrightable material, then the material produced with Federal funds shall be considered public domain. E. Identification of Documents: All reports,maps, and other documents completed as a part of this contract, other than documents exclusively for internal use within The City of Beaumont shall contain the following information on the front cover or title page (or in the case of maps, in an appropriate block): TDHCA Ike Program, month and year of the preparation, SETRPC and descriptive title. F. Compliance with Laws: In performing the services required hereunder, the City of Beaumont shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments, including environmental protection regulations. Failure to comply with the Administrative entity Requirements shall constitute grounds for termination of this Contract. G. Insurance and Bonding: City of Beaumont shall carry sufficient insurance to protect contract assets from loss due to theft, fraud, and/or undue physical damage. H. Assignability: City of Beaumont shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation), without the prior written consent of SETRPC thereto. 1. Conflict of Interest: 1. The City of Beaumont shall ensure that no employee, officer, or agent of the City shall participate in the selection, or in the award or administration of a subcontract supported by funds provided if a conflict of interest, real or Page 14 of 18 apparent, would be involved. Such conflict of interest would arise when: 1) the employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. The City shall comply with Chapter 171, Texas Local Government Code and 24 CFR 570.489(h) of the federal regulations. 2. In all cases not governed by Subsection 1 of this Section,no persons specified in Subsection 3 of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this Contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. 3. The conflict of interest provisions of Subsection 2 of this Section apply to any person who is an employee, agent, consultant, department,or elected official or appointed official of the City or of a subcontractor of the City. 4. In the procurement of supplies, equipment, construction and services by contractors, the conflict of interest provisions in 24 CFR Part 570 and OMB Circular A-110, respectively, shall apply. 5. City of Beaumont and SETRPC state to the best of their knowledge, no member of the Beaumont City Council and no other officer, employee, or agent of the City of Beaumont who exercises any function or responsibility in connection with the carrying out of the Program or the funds to which this Contract pertains,has any personal interest, direct or indirect, in this Contract. J. Affirmative Action: City of Beaumont agrees that it shall be committed to Affirmative Action principles as provided in the President's Executive Order 11246 of September 24, 1965. City of Beaumont will use its best effort to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. Page 15 of 18 I. As used in this contract, the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. 2. For the purpose of this definition, "minority group members"are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Ameri cans, and American Indians. The City of Beaumont may rely on written representations regarding their status as minority and female business enterprises in lieu of an independent investigation. 10. LEGAL A. Representation in Proposal: SETRPC has relied on all representations of the City of Beaumont in awarding this contract and the City of Beaumont warrants the accuracy of all representations in said proposal. Misrepresentation in the proposal shall be cause to terminate this contract and the City of Beaumont shall owe all amounts paid to it as liquidated damages should these amounts not be legitimate reimbursements for Ike Program eligible activities. B. TDHCA CDBG Disaster Recovery Funds Reco ition: The City of Beaumont shall insure recognition of the role of TDHCA Ike Program funds in providing services through this Contract. All activities, facilities, and items utilized pursuant to this Contract shall be prominently labeled as to the funding source. In addition, the City will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. C. Notifications: Any notice hand-delivered or sent by mail (with a return receipt which indicates delivery) to the addresses below shall be deemed received for any purposes arising out of the execution of this contract. For SETRPC, notices may be sent to: Shaun Davis, Executive Director South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont,TX 77703 409-899-8444 409-347-0138 (fax) D. Construction and Severability: If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. Page 16 of 18 E. Enforcement: City of Beaumont agrees to pay to SETRPC all costs and expenses including reasonable attorney's fees incurred by SETRPC in exercising any of its rights or remedies in connection with the enforcement of this Contract. F. Entire Contract: This Contract contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written. G. Amendments: The City of Beaumont or SETRPC may amend this Contract at any time provided that such amendments make specific reference to this Contract, and are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Contract, nor relieve or release the City of Beaumont or SETRPC from its obligations under this Contract. SETRPC may, in its discretion, amend this Contract to conform with federal, state, or local governmental guidelines,policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the schedule of the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both the City of Beaumont and SETRPC. Further, any future change in federal regulations or federal requirements governing the use or eligibility of Ike Program funds are deemed to be immediately incorporated into this Contract and subject to the provisions herein. H. Applicable Law: This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas, the by-laws,rules and regulations of the SETRPC and the applicable regulations of the U.S. Department of Housing and Urban Development and Texas Department of Housing and Community Affairs. I. Approval Required: The parties hereto state that they are appropriately empowered by their respective Board/City Council to sign this Contract. This Contract shall not become effective or binding until approved by Beaumont City Council and the SETRPC Executive Committee. Page 17 of 18 APPROVED BY THE CITY OF BEAUMONT ON , 2009. and the SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ON 2009 By: Kyle Hayes Shaun P. Davis. City Manager Executive Director City of Beaumont South East Texas Regional Planning Commission Page 18 of 18 Exhibit A Hurricane Ike CDBG Program City of Beaumont Budget NOTE: The South East Texas Regional Planning Commission will have the following programs within the City of Beaumont: Demolition, Owner-Occupied Rehabilitation, Owner-Occupied Reconstruction, Elevation,Single Family Rental Rehabilitation, Multi-Family Rental Rehabilitation, and Multi-Family Rental New Construction. Of these programs, the City of Beaumont will only be responsible for the costs associated with Demolition Activities and the Income Eligibility portion of the Single Family Owner Occupied programs. Demolition $ 2,500,000.00 Total Project Costs $ 2,500,000.00 Demolition Administration Costs $ 125,000.00 Housing Administration Costs $ 316,000.00 Single Family Owner Occupied Income Eligibility Total Administration Costs $ 441,000.00 2 October 13, 2009 Consider approving a Owner-Occupied Rehabilitation Program utilizing $300,000 from 2009 HOME Program funds RICH WITH OPPORTUNITY [I I'Em A,11 1�1 U1 111 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider approving a proposed Owner-Occupied Rehabilitation Program, adopt guidelines and allocate $300,000 from HOME Program funds. RECOMMENDATION The Administration recommends approval. BACKGROUND On October 6, 2009, the Beaumont City Council conducted a workshop to discuss a proposed Owner-Occupied Rehabilitation Program. At the same meeting, Council conducted a public hearing to receive comment on this proposed program. As noted by HUD, the overall community impact of federal HOME dollars is not typically evident. In order to provide a significant impact upon neighboring homes and communities, the Administration proposes adopting an Owner-Occupied Rehabilitation Program available to single-family home owners that will provide up to $65,000 to assist with eligible repairs for up to 5 low-to-moderate income families. Where cost estimates for repairs exceed $51,200,the home owner will be offered reconstruction. Reconstruction may not exceed $100,000 per eligible family. The proposed Owner-Occupied Rehabilitation Program Guidelines are attached for your review. BUDGETARY IMPACT Funding is available from the 2009 HOME Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the guidelines for the Owner-Occupied Rehabilitation Program, substantially in the form attached hereto as Exhibit "A." BE IT FURTHER RESOLVED THAT the City Council approves the allocation of funding in the amount of$300,000 from the 2009 HOME Program. A public hearing was held on October 6, 2009, to receive public comment on the proposed guidelines and funding. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - City of Beaumont Proposed Owner-Occupied Rehabilitation Program Guidelines 1. PURPOSE OF PROGRAM A. The purpose of the Owner-Occupied Rehabilitation Program (OCC) is to provide housing assistance to 80% Area Median Family Income (AMFI) and below families residing in and around the Hope VI revitalization area (Census Tracts 6, 7 and 9) in Beaumont. Assistance may be provided in other areas inside the Beaumont city limits when feasible. Program Administrator and Department Head review will be required in such instances. Financial assistance will be provided for the repair, rehabilitation, or reconstruction of substandard single- family homes located in target areas identified in Section 8 of these guidelines. The focus of the repair, rehabilitation, or reconstruction is to provide safe, decent, and sanitary housing by bringing eligible housing units into compliance with all health and safety codes. When repairs are completed the minimum standard for repairs will be compliance with all applicable local codes and ordinances including the International Residential Code (IRC) (with windstorm provisions) which will be used as required and as appropriate. When new construction is completed, the IRC including windstorm measures and appropriate energy codes will be utilized. In special cases, and only when extant conditions would mean that replacing a housing unit on the same site would continue or exacerbate an unsafe condition, homeowners, who otherwise meet the requirement of being owners of a permanent residence, will be given assistance to acquire and newly construct a housing unit on a safe site. Examples of unsafe conditions shall include, but not be limited to, housing located in a special flood hazard area, unsafe soil conditions, environmental hazards that cannot be mitigated, or other conditions that cannot be changed and would continually put occupants in harm's way. The City of Beaumont (City) shall make every effort to ensure that after-rehabilitation repairs and improvements supplement the structurally sound housing stock in the area served and that the housing is of fitting design and quality so as to improve the neighborhood in which they are completed. The City of Beaumont and any contractors/sub-contractors will administer the Program in accordance with these Housing Guidelines (Guidelines). 2. DESIGNATED AUTHORITY TO ADMINISTER PROGRAM This program shall be governed by the City of Beaumont 2008 Annual Action Plan and the City's 2005 Consolidated Plan, and operated in accordance with all applicable rules and regulations of the U. S. Department of Housing and Urban Development ("HUD"). The Program shall be under the direct supervision of the City's Housing Manager or his/her designee. 3. TYPE OF ASSISTANCE AND ACTIVITIES Page 1 of 19 A. ELIGIBLE ACTIVITIES i. Rehabilitation — Rehabilitation shall be defined as bringing an entire structure into conformance with a pre-determined set of specifications and standards that address the entire condition of the structure. At a minimum, the rehabilitated portion must comply with local building codes and standards, and upon completion, the entire structure must comply with housing quality standards (HQS) and local health and safety codes. Rehabilitation shall be limited to "stick built" structures that have been deemed feasible for rehabilitation. ii. Reconstruction—Reconstruction shall be defined as the demolition, removal, and disposal of an existing housing unit and the replacement of that unit on the same lot with a unit that complies with the universal design features in new construction established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Reconstruction of a housing unit should be of a similar type structure. For example, a stick built housing unit may be replaced with a stick built unit. Manufactured units are not eligible for rehabilitation or reconstruction. iii. Replacement—Replacement shall be defined as the replacement of housing taken or demolished by government action. Replacement will be for a comparable unit, not to exceed three bedrooms, two baths, at a location that is not within the 100 year flood plain. If the replacement unit is newly constructed, the unit must at a minimum comply with the universal design features in new construction established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. iv. Demolition — Shall be defined as activities necessary to alleviate conditions in slum and blighted areas. The City or its contractors/sub-contractors will use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the City's service area. B. FINANCIAL ASSISTANCE i. Rehabilitation and Reconstruction assistance will not be provided in a floodplain. Replacement assistance is available to eligible home owners for construction on a lot not located in a 100-year flood plain. ii. The maximum amount of assistance to be provided to an applicant for Owner- Occupied Rehabilitation shall be $65,000 (Sixty-five thousand dollars). The level of assistance must not be greater than the 221(d)3 limits for Beaumont. Page 2 of 19 W. The maximum amount of assistance to be provided to an applicant for Reconstruction shall be $100,000 (One hundred thousand dollars). iv. The maximum amount of assistance to be provided to an applicant for Replacement housing shall be identical to that of reconstruction. C. INSPECTIONS i. In order to document the physical condition of the home that will be repaired, rehabilitated or reconstructed through the Owner-Occupied Rehabilitation Program, a thorough inspection will be required. This inspection will be documented in writing, with drawings and photographs as needed. All items needing repair will be documented with specific measurements and locations sufficient to create a work-write up and cost estimate. D. PROGRAM PARAMETERS i. The minimum amount of assistance that may be provided to any applicant shall be One Thousand Dollars ($1,000.00). E. FEASIBILITY ANALYSIS i. For each unit assessed under the Program, a preliminary budget will be prepared to indicate the potential cost of emergency repairs, rehabilitation, or reconstruction. This budget, including any inspection checklist, notes, photographs and drawings will be called the "feasibility analysis". This budget should include all major systems but need not detail individual items of cost. If the cost of rehabilitation, including lead hazard inspection and reduction, demolition, and site improvements required by environmental conditions: (1) Is less than $51,250 for hard costs, the City of Beaumont will offer Rehabilitation assistance to the applicant. Reconstruction will not be an option and the City will prepare a detailed work write-up and cost estimate for rehabilitation adequately documented to be used as bid documents. (2) Is more than $51,250 for hard costs, the City will offer Reconstruction assistance to the applicant. H. If feasibility analysis indicates a budget in excess of$51,250 based on the above estimate for rehabilitation and the applicant does not desire reconstruction, the City should "walk away" from the project after notifying the applicant that the project is not feasible and offering an explanation in writing. 4. PARTICIPANT ELIGIBILITY Page 3 of 19 A. INCOME LIMITS To be eligible for assistance, all applicants must meet the following criteria. i. Total household annual gross income may not exceed 80% Area Median Family Income(AMFI), adjusted for family size, as published annually by HUD. ii. All income will be verified utilizing third party verifications. W. The City will conduct income verifications in accordance with 24 CFR Part 5 requirements using procedures as stated in the Technical Guide for Determining Income and Allowances, 3rd Edition(HUD -1780-CPD). The most current income limits, published annually by HUD, shall be used to verify the income eligibility of each household applying for assistance. Under no condition can a household that exceeds 80% AMFI receive assistance. B. PROPERTY REQUIREMENTS i. An applicant must own the property and occupy the property as his or her principal place of residence. In order to be eligible, the applicant must demonstrate property ownership through deeds and/or property records. The applicant is considered the owner if he or she: (1) Possesses valid fee simple title to the property; or (2) Possesses a valid, recorded life estate in the property; or (3) Possesses a valid, recorded warranty deed; or (4) Maintains a 99-year leasehold interest on the property; fl. In the absence of proof of property ownership described above, to be eligible for assistance, the applicant household must provide: (1) Proof of paid property taxes for all applicable taxing years. (2) Proof of paid homeowner's insurance (must be current at the time applicant is approved for assistance) W. Contracts for Deed and/or Contracts for Sale are NOT acceptable forms of ownership. C. PROPERTY TAXES Page 4 of 19 i. All delinquent property taxes shall be paid prior to the award for rehabilitation/reconstruction assistance; or the property owner must have qualified for and received a tax deferral as allowed under Section 33.06 of the Texas Tax Code. A written verification of the tax status must be placed in each applicant's file. For verifications conducted via telephone, a telephone confirmation form must be completed including, but not limited to, date of contact, name of contact, and phone number of contact. 5. PROGRAM MARKETING A. The availability of the Program funds shall be publicized via: i. Press releases in the local newspapers, including but not limited to the following: (1) Beaumont Enterprise; ii. Public Service Announcements (PSA's), which are developed and distributed to local broadcast media, including but not limited to the following: (1) KLVI , KOGT, and KOLE radio stations; (2) KFDM, KBMT, KJAC and FOX television stations. (3) City of Beaumont public access station. W. Informational pamphlets, public notices, and outreach targeting special needs groups distributed by public or non-profit organizations, including but not limited to the following: (1) Places of worship in Beaumont. (2) Beaumont Public Libraries. (3) City of Beaumont Bulletin Board. iv. The City of Beaumont is strongly committed to providing information in English and Spanish. Every effort will be made to make applications available in English and Spanish. A Spanish interpreter will be made available to assist in the application process. B. AFFIRMATIVE MARKETING PLAN i. In addition to marketing through widely available media outlets, The City will take additional measures to affirmatively market the Owner-Occupied Rehabilitation Program services, as follows: Page 5 of 19 (1) The City will contact and market to the following local organizations that provide unique access for persons who are considered members of a protected class under the Fair Housing Act: (a) NAACP; (b) League of United Latin American Citizens (LULAC); (c) Catholic Charities (2) The City will advertise with the following media outlets which provide unique access for persons who are considered members of a protected class under the Fair Housing Act including: (a) Ethnic newspapers and/or radio stations (3) In addition, The City will take the following measures to make the program accessible to persons who are considered members of a protected class under the Fair Housing Act: (a) Hold informational meetings in buildings that are compliant with the Americans with Disabilities Act (ADA) and provide special assistance for those who are visually impaired when requested. ii. Documentation of all marketing measures used, including copies of all advertisements and announcements, will be retained by the City and made available to the public upon request. iii. Whenever possible, the City will use the Fair Housing logo in advertising, post Fair Housing posters and related information, and, in general, inform the public of its rights and obligations under Fair Housing regulations. iv. The City will accept and/or make applications available as follows: (1) At Beaumont City Hall, 801 Main St., Suite 201, Beaumont, Texas (2) Via regular mail at P O Box 3827, Beaumont, TX 77704. (3) Length of time, days, and hours that applications will be available, including but not limited to: (a) Online 24 hours a day; (b) During regular business hours at Beaumont City Hall; Page 6 of 19 V. The City may select applicants from an existing waiting list. The next eligible applicant on the waiting list will be offered Owner-Occupied Rehabilitation assistance, if funds are available, after the applicant before them on the waiting list either declines assistance or is deemed ineligible. (1) The City shall notify all applicants in writing of their eligibility status. (2) The City shall notify the applicant in writing if the requested emergency repair, rehabilitation, or reconstruction is deemed ineligible or not feasible. (3) The City shall be the sole arbiter of the applicant's eligibility and the feasibility of any activity provided under the program. (4) The decisions of the City shall be final. (5) Financial assistance to the applicant will be provided in the form of a grant. 6. METHOD OF APPLICATION A. The Owner-Occupied Rehabilitation Program City and/or his/her designee shall be responsible for advertising the availability of the program and for accepting applications. B. The City will accept applications from interested households as long as funds are available from the U. S. Department of Housing and Urban Development. All applications will be date-stamped as they are received, and will be reviewed for completeness in the order in which they are received. C. Applications will be screened for completeness and all information related to program eligibility, including but not limited to employment, income, assets, and liabilities, will be verified. The City and/or his/her designee shall be responsible for determining the eligibility of each applicant. D. The funding decisions of the City shall be final. E. All applicants selected for assistance shall be interviewed to determine the applicant's housing needs and types of eligible repairs required. A written agreement will be executed between the City and the applicant outlining the responsibilities and terms of the assistance. 7. FIRST-COME, FIRST-SERVED WAITING LIST A. All Eligible Participants i. All eligible applicants will be rated on a first-come, first-served basis so that a priority of funding might be established. Based on the resident's need, the City Page 7 of 19 will determine which funding source best fits that need and how and when the assistance is granted in accordance with applicable program guidelines. With this understood, priority will be given to applicants residing in Census Tracts 6, 7 or 9 who are: (1) Elderly(a) and/or disabled(b) (2) Single head of household (3) All other applicants Furthermore, the City of Beaumont (and its sub-contractors) will not give preference to or discriminate against any person on the basis of race, color, religion, national origin, sex, disability, or familial status. (a) Elderly: age 62 or over (b) Disabled: • If the applicant is under age 62 and is receiving Supplemental Security Income (SSI), this is sufficient evidence of disability. Retain a copy of the SSI award letter in the activity file. B. In addition, repairs that prevent further damage to selected homes will be completed first, when possible. C. Incomplete applications will not be placed on a waiting list until all required documents for the application are provided to the City and the application is verified and certified as program eligible. D. Incomplete applications will not be accepted. 8. PROPERTY REQUIREMENTS A. The property must be a single-family dwelling located in Census Tracts 6, 7 or 9 in the Beaumont city limits. B. Assistance is not available for properties located in a flood zone. C. The applicant must provide evidence of homeownership. D. After assistance is provided, at a minimum, the dwelling must be in compliance with local building codes and zoning ordinances and applicable construction or livability standards. i. Newly constructed homes (including reconstructs) must meet: Page 8 of 19 I (1) Energy standards as verified by a RESCHECK TM certification. The certification must be available in the City's file prior to purchase. (2) The International Residential Code as 11 of the IRC as required by Chapter 388 of the Health and Safety Code as applicable. E. Any housing unit built before 1978 must be inspected for hazards associated with the presence of lead-based paint or may be presumed to have lead-based paint hazards. Proof of notifications, work completed and clearance examination must be available for the City's file. F. Housing units located in an area where Federal Assistance is not permitted by the Coastal Barriers Resource Act or within runway clear zones of either a civil or military airport are not eligible properties. 10. ELIGIBLE IMPROVEMENTS & EXPENSES A. Rehabilitation funds shall be used for repairs and/or replacements that are necessary to bring the structure into compliance with applicable local codes or standards and HQS. B. As required to complete construction services, necessary "project soft cost" and administration cost as defined by the City and not exceeding the predetermined program limits are allowable costs. C. All sites must be cleaned before any construction activity can begin. D. Rehabilitation funds may also be used for general improvements that are "reasonable and customary" except as excluded herein. All improvements must be physically attached to the property and be permanent in nature. E. Owner-Occupied Rehabilitation funds may not be used for luxury items. Luxury items include, but are not limited to, jacuzzis, hot tubs, fireplaces, swimming pools, fences (other than those required for security), television, and satellite dishes. F. Air conditioners and heating systems, water heaters, stoves, and refrigerators are eligible for replacement under the Owner-Occupied Rehabilitation. Appliances and housing components that are not integral to the structure of the home such as window unit air conditioners, washers, dryers, dishwashers, detached garages and carports are not eligible. G. The use of lead-based paints is prohibited. Any units built prior to 1978 will be inspected and assessed for any hazards associated with the presence of lead-based paint by a State of Texas certified lead inspector/assessor as required. Each family will be notified as to the hazards of lead based paint. Where any hazard has Page 9 of 19 been detected, the owner shall be notified. Feasibility analysis of reducing the lead hazards will be included as part of any feasibility analysis that is conducted. If rehabilitation and lead hazard reduction is not feasible a reconstruction may be proposed. H. All city building permits shall be obtained by the contractor at his/her expense and may be included as part of the bid. 11. PARTICIPANT APPROVAL AND RESPONSIBILITIES A. After the applicants have been approved for assistance by the City or his/her designee, a property inspection must be conducted to determine the work necessary to upgrade the structure to minimum Program standards. All work done must meet local building codes and HQS at a minimum. Newly constructed housing must also meet IRC and energy code requirements. Work write-ups will be required for all applicants awarded. Reconstruction and replacement projects will also require plans and specifications. "Before" and "After" pictures shall be taken by the City to provide a photographic record of the necessary structure and improvements and must be submitted with all work write-ups and copies of the initial property inspection. B. Applicants will be given the opportunity to accompany the City, or his/her designee on the work write-up inspection in order to discuss the proposed work items. When the work write-up has been completed and a cost estimate prepared, the City or his/her designee shall discuss the scope of the work and the effect of the cost estimate with the applicant. If the applicant agrees with the scope of work and to his/her responsibility regarding any additional funding, the applicant shall sign off on the final work write-up that is used in the bidding process. The City or his/her designee shall agree not to omit any work items that are necessary to bring the structure up to program standards as previously established herein. C. Upon completion of the work write-up, the City, and/or its designee, shall solicit competitive bids for the proposed work from a list of contractors interested in Program participation. The City, and/or its designee, shall select the qualified contractor and shall forward the bids to the City for review. The bid must be within 10% of the initial cost estimate. If the bid is too high, one of the following will occur: 1) request the bidder to review his or her bid to determine if any items were priced inappropriately and to revise his/her bid accordingly; 2) agree to pay the difference; or 3) re-bid the project in its entirety. If errors are confirmed in the original cost estimate, appropriate estimate adjustments shall be made to effectively compare the bids to this estimate. All contractors must meet all City requirements and must be approved by the City prior to execution of the rehabilitation contract. The contractor must meet and comply with all contractor requirements as hereinafter established for this Program. Page 10 of 19 D. After the work write-up has been completed, a before-rehabilitation appraisal valuation will be obtained from the Jefferson County Appraisal District in order to determine that the after-rehabilitation value does not exceed the maximum allowed (203 b limits). I 12. CONTRACTOR SELECTION A. CONTRACTOR QUALIFICATIONS i. Contractors are responsible for, and must meet minimum requirements as follows: (1) All contractors shall carry and provide proof of a current general liability policy of at least one hundred thousand dollars ($100,000). This policy should cover all work done under the Owner-Occupied Rehabilitation Program and be pre-paid throughout the contract period. No geographical, time or other limitation that excludes the Owner-Occupied Rehabilitation Program will be acceptable. (2) The contractor and sub-contractors must not be debarred, suspended, or ineligible according to the U.S. General Services Administration's List of Parties Excluded from Federal Procurement or Non-Procurement Programs. Verification of contractor eligibility from the Texas Department of Housing and Community Affairs is not required prior to awarding any contract to the contractor unless federal labor standards requirements apply. (3) All contractors must be able to provide proof of performance and/or payment bonds. (4) Whenever possible, the City will give opportunities to Historically Underutilized Businesses (HUBS) and will make an affirmative effort to encourage bids from such contractors. (5) Whenever possible, opportunities shall be given to locally owned businesses and low-income residents of a given area. ii. In addition to these requirements, the City may establish their own fair and evenly applied criteria for contractor selection. These may include but are not limited to: (1) Workers compensation insurance; (2) Verification of quality of work references; (3) Verification of credit references; and (4) Verification of established line of credit. Page 11 of 19 iii. An approved contractor list will be created and will be accessible to all applicants who meet the fair and reasonable criteria pre-established by the City. Such criteria will be made available in writing upon demand by interested parties. 13. CONTRACTOR PROCUREMENT A. Contractors will be selected through an itemized bid process. A sealed bid is the preferred method of selecting bids. The home owner may select any bid that is within 10% of the cost estimate. B. Contractors will adhere to the terms of the rehabilitation contract including performance standards and the general specifications. Whenever the need for clarification results in a change, such issues will result in a written change order prior to any work being completed. No work will be approved except that which is established in the contract and in written approved change orders. Any unforeseen or hidden condition should be reported to the City immediately. Any item that conflicts with these standards should be reported immediately by the contractor. C. Whenever possible the contractor will make an effort to minimize the impact of the construction on the applicant. Work shall be carried out swiftly and directly. Electric, water, sewer and gas service will not be interrupted for more than twelve (12) hours without written approval by the applicant being assisted with Owner- Occupied Rehabilitation funds. Heat will be provided at all times during winter months. Doors, windows and any other large openings or air leaks will be repaired on the same day. The work area shall be secured at all times. D. The work area shall be left clean and free from clutter at the end of each day and the contractor, not the applicant, will be responsible for storage of materials and tools. E. Prior to the commencement of construction, the applicant will arrange to move and store any valuable personal property that might be damaged during the course of construction. If property is damaged through negligence of the contractor, arrangements will be made by the contractor to reimburse the applicant. F. The contractor shall use the site and its facilities only for specified construction. The electrical, water, sewer and gas systems shall be used only for construction purposes and during the construction phase only. G. Any discrepancy in the contract documents shall be brought to the attention of the City immediately. H. Failure of contractors to meet the specified criteria can result in: Page 12 of 19 L Contractors not being eligible for payment, and will not become party to any future Owner-Occupied Rehabilitation Program funded projects. I. The contracting sequence for housing rehabilitation projects shall be: Invitation to Bid, Bid Opening, and Contract Award. L Within ten (10) days of notification of the contract award, the successful bidder shall provide the City with: (1) a list of sub-contractors, and (2) certificates of insurance. (a) certificates of insurance from the issuing company will show current coverage in the amount stipulated in the contract documents and with a thirty (30) day notice of cancellation of insurance to the City for: general liability with completed operational coverage, vehicle liability, and statutory workman's compensation(as required). J. The contractor shall begin work within ten (10) days of receiving the issuance of the Notice to Proceed. 14. CONTRACTOR REQUIREMENTS A. The number of work days shall be set out in the contract. Upon completion of the work acceptance by the City and applicant, the Certificate of Final Inspection is issued and the Warranty Period begins. B. Thirty(30) days after the Certificate of Final Inspection date, the statutory amount retained is released to the contractor, except in cases where it is determined that the retained should not be released. C. It is recommended that payments are made when a project reaches 33%, 66%, and 100% completion and at 30 days after a Certificate of Final Inspection is issued. Alternatively, a contractor may opt for payments to be made when a project reaches 50% and 100% completion. D. All payment requests will be made in writing by the contractor to the City and will include a list of items, their costs, and a sum of the item costs. E. The work to be paid should be based solely on completed items from the schedule of values submitted by the contractor prior to construction or the Itemization of Bid Form if no schedule is submitted. F. The City will inspect such work as soon as possible (usually within one business day) from receipt of such request. Page 13 of 19 G. The City will provide a completed Contractor Request for Payment form to the Contractor to sign for the work which payment is authorized and will then request the applicant to execute the Contractor Request for Payment form. Payments will be made thereafter. H. All materials used shall be new (unless otherwise specified in the Owner- Occupied Rehabilitation Program Specifications Guide) and of good quality. All work shall be done with skilled craftsmen and accomplished with care. Contractor shall provide samples to the applicant for selection for all materials as cited in the individual specifications and provide reasonable time to the applicant to make selections. Contractor shall submit a letter to the City, signed by the applicant, stating that the applicant approves of colors and quality of items such as, but not limited to: paint, flooring materials, brick, shingles, vinyl siding, door/window/drawer hardware, and counter tops. I. Upon completion of construction, the contractor will: i. remove all construction debris from the site; ii. clean and mop all resilient floors; iii. clean all new and existing paint from other finished surfaces including window glass and mirrors; iv. leave all newly installed items in operating condition; V. light gas water heater pilots, stove/oven pilots and gas heater pilots; A. start all other electrical and mechanical systems; vii. put all hardware in operating condition; viii. deliver new keys to applicants if hardware is installed. J. Discovery of defective elements made known to the contractor before or during the construction process shall be brought to the immediate attention of the City in writing. When repairs are made, the repairs shall reasonably match the surrounding materials in original design and dimension as approved by the City. K. Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions, the contractor shall submit to the City a proposal consisting of what type of work is needed, the cost of such work, and the time necessary for such work to be completed. Unless it is determined there exists an immediate health and safety danger, NO WORK SHALL BE AUTHORIZED until agreed upon in writing by the applicant, contractor, and the City. L. Compensation for additional work will be negotiated in the following manner: Page 14 of 19 i i. the deletion of work proposed, but not started; or if that is not possible, H. an increase to the dollar amount of the contract (if funds are available). M. No other work shall be done to the project other than the work agreed upon in writing by the applicant, the City and contractor or as necessary to remove immediate health and safety dangers during the construction phase. N. Contractor will be responsible for determining utility needs, to provide adequate sanitary facility(s) and to safely operate equipment on site. 15. PRE-CONSTRUCTION CONFERENCE A. The City shall conduct a pre-construction conference with the contractor and the recipient. The terms of the proposed rehabilitation contract will be explained along with the roles of the City and the applicant. Additionally, the City will explain the inspection procedures, completion requirements, and payment procedures. At the pre-construction conference, the City shall have the following documents properly executed by both the applicant and the contractor: 1) the Notification of Lead-Based Paint form; 2) the Pre-construction Conference Report; and 3) the Contractor's Non-Kickback Certification. In addition, exterior and interior"before"pictures will be taken and placed in file. B. Prior to adjourning the pre-construction conference, the City shall present the rehabilitation contract to be executed by the applicant and the contractor. Upon executing the rehabilitation contract, the contractor will be provided with a written Notice to Proceed. This Notice to Proceed will allow for a ten (10) day start period from the date of the notice and shall also stipulate the number of days allowed for completion of the work. C. Each rehabilitation contract executed with a contractor shall contain a completion date and provide for liquidated damages if the contractor fails to meet such completion date. 16. INSPECTIONS AND CONSTRUCTION PAYMENTS A. The City will assist the applicant in ensuring that all contracted work is completed prior to payment and that such work was performed in an acceptable manner. To accomplish this, the City will engage Inspector to conduct an initial inspection at work write up and a progress inspection at 33% and 66% (alternatively 50% and 100%) completion, any additional inspections deemed necessary, and a final (100%) inspection upon completion of all of the work, noting deficiencies in written reports and keeping these reports in the project case files. Page 15 of 19 B. The contractor may submit an initial partial payment request upon completion of 33% of the work. A maximum of three partial payments will be allowed. Final payment may be requested upon full completion of the work. The contractor will only be paid for the work completed, not for stored materials. Advancing Owner- Occupied Rehabilitation funds to a contractor is prohibited. A ten percent (10%) retainage will be withheld and such retainage will not be released until final payment is made or until the 30th day after final payment is made. C. Where applicable, permits may be required for work to be done on Mechanical/Electrical/Plumbing/Structural (MEPS) systems. Any MEPS work that requires a permit must be performed under the supervision of a licensed tradesman and the work shall be inspected by a licensed inspector for the appropriate trade to ensure that work is in full compliance with applicable local codes. D. Where applicable, building permits will be required for building construction work and the building inspector for that area will inspect the job in accordance with the area's normal building inspection requirements. E. In the event a change order is deemed necessary, contractor must request a review by the City and upon a determination by the City that such change order is necessary, a written change order must be executed between the applicant and the contractor. All change orders must be approved by the City prior to the contractor proceeding with the work. 17. CONTRACT COMPLETION A. Upon completion of the contracted rehabilitation work, the City's Inspector shall conduct a final inspection of the structure when requested by the contractor. If the inspection reveals that corrective work is required on any improvements covered in the contract, the City's Inspector shall prepare a punch list for the contractor. After all work, including the punch list, has been completed to the satisfaction of the City's Inspector and the applicant, and the work is accepted, the City shall issue a fully executed Certificate of Completion and Final Inspection form. B. Upon completion of the Certificate of Final Inspection, contractor shall ensure that the following documents are submitted to the City: i. Statements from all subcontractors involved in the project; ii. Contractor's Final Invoice form; iii. Contractor's Non-Kickback Certification; iv. Release of Liens; and V. all contractor and manufacturer warranties. Page 16 of 19 C. After receipt of these documents, the City shall cause a final check (less 10% retainage) to be issued to the contractor. Upon receipt of the final check the contractor shall execute the Receipt of Final Payment, and this will effectively constitute completion of the project. D. After 30 days from final completion, the City shall conduct a post-inspection along with the applicant and contractor. If no discrepancies are found during the post-inspection, the City will approve the release of the 10% retainage to the contractor. However, if discrepancies are noted, the City shall withhold retainage in an amount equal to one and one-half times the value of the work remaining to be done. Upon completion of this work, another post-inspection shall be conducted, and if the work is completed to the satisfaction of the City and the applicant, the City shall approve the release of the withheld retainage; otherwise, the same process is repeated. E. Following the completion and acceptance of the rehabilitation work, the City shall take "after" rehabilitation pictures (interior and exterior) to provide a photographic record of the structure and improvements accomplished. F. Contractor Warranties i. All work performed by the rehabilitation contractor shall be guaranteed for a period of one (1) year. Such warranty shall be stipulated in the construction contract between the contractor and the applicant. For a period of one (1) year, the applicant may require the contractor to correct defects or problems arising from his or her work under this contract. Should the contractor fail to do so, the applicant may take any necessary legal recourse as prescribed in the rehabilitation contract. A reasonable amount of time shall be given to correct the problem, but the contractor shall contact the applicant within two (2)business days. 18. FILES AND RECORDS A. The City shall maintain accurate files and records on each applicant. All pertinent documentation must be maintained for five years after project completion. Such files shall be open for public inspection in accordance with the Texas Public Information Act and be available at the City's offices. B. Project Close-Out i. The City shall ensure that upon completion of each project, the following closeout forms are maintained: (1) HUD's Homeownership Assistance Project Completion Report; (2) Historically Underutilized Businesses (HUBs) Report; and Page 17 of 19 (3) Other forms as may be required by HUD. C. Contract Close-Out i. The City shall ensure that upon completion of the contract the Certification of Completion and such other forms as may be required are maintained. 19. GRIEVANCE PROCEDURE A. Each applicant or participant shall have the right to appeal any decision in the form of a grievance to the City, provided such appeal is made within fifteen (15) days from when the decision has been rendered or the grievance occurred and/or became known to the applicant. If the applicant/participant is not satisfied with the decision of the City, he/she may then appeal his or her grievance to the U. S. Department of Housing and Urban Development provided such appeal is made within fifteen (15) days from the date of the decision of the City. The decision of the City shall be final. B. City Employees Not To Be Held Liable i. No member, officer, agent, or employee of the City of Beaumont shall be personally liable concerning any matters arising out of or in relation to, the commitment of Owner-Occupied Rehabilitation Program funds with regard to feasibility or viability of the proposed project. ii. Changes, Waivers And/Or Conflicts (1) The City of Beaumont shall have the right to change, modify, waive or revoke all or any part of these guidelines in writing by a majority vote taken at an open meeting of the Beaumont City Council. (2) No member of the governing body of the City of Beaumont and no other official, employee, or agent of the City of Beaumont who exercises policy or decision-making functions or responsibilities in connection with the planning and implementation of this Program shall be eligible for rehabilitation assistance, in accordance with 24 CFR Section 570.489(h), Conflict of Interest. Addendum Desired changes and/or additions to this program design may be allowed. Please cite the section that is to be replaced along with the proposed and/or alternative language. Only amendments submitted in this way will be considered for approval by Beaumont City Council. ADOPTED by the Beaumont City Council on the day of , 2009 Page 18 of 19 Resolution# Page 19 of 19 3 October 13, 2009 Consider approving amendments to and authorizing the City Manager to execute amendments to agreements with the South East Texas Regional Planning Commission relating to Federal Disaster Recovery Funds from the Texas Department of Housing and Community Affairs I RICH WITH OPPORTUNITY BEA,UMON** T - E - x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director •i MEETING DATE: October 13, 2009 REQUESTED ACTION: City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. RECOMMENDATION The Administration recommends approval. BACKGROUND City Council previously authorized an agreement and the subsequent First and Second Amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing & Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000)used for Owner-Occupied Repairs($2,400,000),Reconstruction($2,500,000),and for Administrative Costs($245,000). Five additional amendments at the regional and state level have been made to the program, and as a result, our contract should be amended to reflect these changes. Third Amendment: Extension of Contract that extends the timeline for program completion from October 31, 2008 to December 31, 2008, in order to allow all participating jurisdictions adequate time to complete construction activities,and amends eligible program activities and allocations at the state level. Fourth Amendment: Amends eligible program activities and allocations at the state level. Fifth Amendment: Extension of Contract that extends the timeline for program completion from December 31, 2008 to April 30, 2009,in order to allow all participating jurisdictions adequate time to complete construction activities, and amends eligible program activities and allocations at the state level. Sixth Amendment: Extension of Contract that extends the timeline for program completion from April 30, 2009 to October 31, 2009, in order to allow all participating jurisdictions adequate time to complete construction activities, and amends eligible program activities and allocations at the state level. Seventh Amendment: Sets the timeline for completion of construction activities through October 31, 2009, and amends eligible program activities and allocations at the state level. BUDGETARY IMPACT Funding will be provided by the Texas Department of Housing&Community Affairs CDBG Disaster Program. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,2006 THIRD AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON Section 1 The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties,effective October 31, 2006, and identified on Contractor's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1, Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made a part of this Third Amendment. This contract and agreement shall commence on July 28, 2006, and shall terminate on December 31, 2008, unless otherwise specifically provided by the terms of this contract. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Third Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Third Amendment. New Exhibit A consists of two (2) pages. Section 4 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget is replaced in its entirety with the new Exhibit B Budget attached to this Third Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Third Amendment. New Exhibit B consists of one (1) page. Section 5 The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Third Amendment. In the event any conflict in terms exists,this Third Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 6 By signing this Third Amendment the parties expressly understand and agree that its terms shall become a part of the Contract as if they were set forth word for word therein. This Third Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: may,` , 7�1 Name: Shaun P. Davis Title: Executive Director Date: Ic)GZ jog CITY OF BEAUMONT By: Name: Kyle Haves Title: City Manager Date: EXHIBIT A CONTRACT NO. C 06 0003 - PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster Relief application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Project Description The Contractor will provide housing rehabilitation not to exceed four million seven hundred forty-nine thousand five hundred eighty-nine and no/100 ($4,749,589.00), demolition activities not to exceed one million six hundred fifteen thousand seven hundred fifty and no/100 ($1,615,750.00), and reconstruction not to exceed sixteen million nine hundred forty-four thousand six hundred sixty-one and no/100 ($16,944,661.00) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than five hundred fifty-seven (557) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. Owner-Occupied Housing Rehabilitation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and no/100 ($65,000.00) per unit to assist a minimum of one hundred ninety-five (195) beneficiaries, of which one hundred percent (100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure. The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. Housing Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and no/100 ($135,000.00) per unit to assist a minimum of three hundred sixty-two (362) beneficiaries, of which one hundred percent (100%) are of low to moderate income. The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a CDBG-Rita Contract#C06 0003 Page 1 of 2 RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. Page 1 of 2 CDBG-Rita Contract#C06 0003 EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTHEAST TEXAS REGIONAL.PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $4,075,500 $ 361,189 $ 312,900 $ 4,749,589 2 Reconstruction 17c $8,668,750 $3,688,811 $4,587,100 $ 16,944,661 3 Demolition 20 $ 365,750 $1,250,000 $ 0 $ 1,615,750 4 Planning/Project Delivery 31/33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241 5 General Administration 32a $ 640,295 $0 $0 $ 640,295 TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536 I CDBG-Rita Contract#C06 0003 Page 1 of 1 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,2006 FOURTH AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON Section 1 The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A. Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Fourth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Fourth Amendment. New Exhibit A consists of two (2) pages. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget is replaced in its entirety with the new Exhibit B Budget attached to this Fourth Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Fourth Amendment. New Exhibit B consists of one (1) page. Section 4 The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Fourth Amendment. In the event any conflict in terms exists,this Fourth Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 5 By signing this Fourth Amendment the parties expressly understand and agree that its terms shall become a part of the Contract as if they were set forth word for word therein. This Fourth Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: Name: Shaun P. Davis Title: Executive Director Date: I 1c)2-109 CITY OF BEAUMONT By: Name: Kyle Haves Title: City Manager Date: EXHIBIT A CONTRACT NO. C 06 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster Relief application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Proiect Description The Contractor will provide housing rehabilitation not to exceed one million four hundred seventy-four thousand eighty-nine and no/100 ($1,474,089.00), demolition activities not to exceed one million two hundred fifty thousand and no/100 ($1,250,000.00), and reconstruction not to exceed twenty million five hundred eighty-five thousand nine hundred eleven and no/100 ($20,585,911.00) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than five hundred three (503) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. Owner-Occupied Housing Rehabilitation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and no/100 ($65,000.00) per unit to assist a minimum of one hundred sixty-two (62) beneficiaries, of which one hundred percent (100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure. The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. Housing Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and no/100 ($135,000.00) per unit to assist a minimum of four hundred forty-one (441) beneficiaries, of which one hundred percent (100%) are of low to moderate income. The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a CDBG-Rita Contract#C06 0003 Page 1 of 2 RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. Page 1 of 2 CDBG-Rita Contract#C06 0003 EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $ 800,000 $ 361,189 $ 312,900 $ 1,474,089 2 Reconstruction 17c $12,310,000 $3,688,811 $4,587,100 $ 20,585,911 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000 4 Planning/Project Delivery 31/33 $ 2,038,241 $ 265,000 $ 245,000 $ 2,548,241 5 General Administration 32a $ 640,295 $0 $0 $ 640,295 TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536 CDBG-Rita Contract#C06 0003 Page 1 of 1 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 FIFTH AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON Section 1 The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties, effective October 31, 2006,and identified on Contractor's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1, Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made a part of this Fifth Amendment. This contract and agreement shall commence on July 28, 2006, and shall terminate on April 30, 2009, unless otherwise specifically provided by the terms of this contract. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Fifth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Fifth Amendment. New Exhibit A consists of two (2) pages. Section 4 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget is replaced in its entirety with the new Exhibit B Budget attached to this Fifth Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Fifth Amendment. New Exhibit B consists of one (1) page. Section 5 The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Fifth Amendment. In the event any conflict in terms exists, this Fifth Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 6 By signing this Fifth Amendment the parties expressly understand and agree that its terms shall become a part of the Contract as if they were set forth word for word therein. This Fifth Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: Name: Shaun P. Davis Title: Executive Director Date: 10 /02- 109 CITY OF BEAUMONT By: Name: Kyle Haves Title: City Manager Date: EXHIBIT A CONTRACT NO. C 06 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster Relief application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Project Description The Contractor will provide housing rehabilitation not to exceed one million four hundred seventy-four thousand eighty-nine and no/100 ($1,474,089.00), demolition activities not to exceed one million two hundred fifty thousand and no/100 ($1,250,000.00), and reconstruction not to exceed twenty million five hundred eighty-five thousand nine hundred eleven and no/100 ($20,585,911.00) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than five hundred three (503) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. Owner-Occupied Housing Rehabilitation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and no/100 ($65,000.00) per unit to assist a minimum of one hundred sixty-two (62) beneficiaries, of which one hundred percent(100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure. The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. Housing Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thousand and no/100 ($100,000.00) per unit to assist a minimum of four hundred forty-one (441) beneficiaries, of which one hundred percent (100%) are of low to moderate income. For properties located in a floodplain, the Contractor may use up to an additional thirty-five thousand and no/100 ($35,000) for elevation related activities. Page 1 of 2 CDBG-Rita Contract#C06 0003 The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2305.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million thirty-eight thousand five hundred thirty-six and Noll 00 Dollars($3,038,536.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. Page 1 of 2 CDBG-Rita Contract#COB 0003 EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $ 800,000 $ 361,189 $ 312,900 $ 1,474,089 2 Reconstruction 17c $12,310,000 $3,688,811 $4,587,100 $ 20,585,911 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000 5 Planning/Project Delivery 31/33 $ 1,920,241 $ 296,000 $ 332,000 $ 2,548,241 6 General Administration 32a $ 490,295 $0 $0 $ 490,295 TOTAL $15,520,536 $5,596,000 $5,232,000 $26,348,536 CDBG-Rita Contract#C06 0003 Page 1 of 1 I SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 SIXTH AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON Section 1 The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1. Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made a part of this Sixth Amendment. This contract and agreement shall commence on July 28, 2006, and shall terminate on October 31, 2009, unless otherwise specifically provided by the terms of this contract. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Sixth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Sixth Amendment. New Exhibit A consists of three (3) pages. Section 4 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget is replaced in its entirety with the new Exhibit B Budget attached to this Sixth Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Sixth Amendment. New Exhibit B consists of one (1) page. Section 5 The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Sixth Amendment. In the event any conflict in terms exists, this Sixth Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 6 By signing this Sixth Amendment the parties expressly understand and agree that its terms shall become a part of the Contract as if they were set forth word for word therein. This Sixth Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: G Name: Shaun P. Davis Title: Executive Director Date: j 0 I o 2 I oq CITY OF BEAUMONT By: Name: Kyle Haves Title: City Manager Date: EXHIBIT A CONTRACT NO. C 06 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition, and reconstruction activities are limited to the target area identified in its 2006 CDBG Disaster Relief application. Case management activities can occur throughout the 22 counties impacted by Hurricane Rita. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Project Description The Contractor will provide housing rehabilitation not to exceed one million three hundred fourteen thousand eighty-nine dollars ($1,314,089), demolition activities not to exceed one million two hundred fifty thousand dollars ($1,250,000), and reconstruction not to exceed twenty million five hundred eleven thousand four hundred eighty dollars ($20,511,480) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than six hundred forty-five (645) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. The Contractor will also provide case management services not to exceed two hundred fifty thousand dollars ($250,000) throughout the 22 county Rita impacted area to assist ACS in completing eligibility determinations of specifically referred applicants that applied for funding under Public Law 109-148 (Round 1) but that will receive housing assistance under Public Law 109-234 (Round 11). Owner-Occupied Housing Rehabilitation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand dollars ($65,000) per unit to assist a minimum of fifty-six (56) beneficiaries, of which one hundred percent (100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure. The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed five thousand dollars ($10,000) per lot for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. CDBG-Rita Contract#C06 0003 Page I of 2 Housing Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thousand dollars ($100,000) per unit to assist a minimum of five hundred eighty-nine (589) beneficiaries, of which one hundred percent (100%) are of low to moderate income. The Contractor may use up to an additional thirty-five thousand dollars ($35,000) for flood mitigation activities on properties located within the 100 year floodplain. The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Case Management The Contractor will provide case management assistance to Affiliated Computer Systems, State & Local Solutions (ACS) with gathering data, documentation, and notarized signatures necessary to assist ACS in completing eligibility determinations of specifically referred applicants that applied for funding under Public Law 109-148 (Round 1) but that will receive housing assistance under Public Law 109-234 (Round II). These activities will be focused on the following CDBG disaster assistance eligibility criteria: 1. ownership 2. primary residency 3. income 4. Hurricane Rita damage 5. taxes 6. special needs 7. duplication of benefits The Contractor is only responsible for gathering the required data, documents, and signatures for these program areas for those cases assigned to them. They are not responsible for the ultimate determination of program eligibility or grant determination for these cases. The Contractor will be able to ascertain, based on previous experience and through interface with ACS, that the documentation they are collecting is sufficient to qualify the applicant for program participation. Contractor staff assigned to the project will be provided access to Worltrack, the Round II system of record and document depository. ACS will assign specific cases to Contractor eligibility specialists that can be accessed through Worltrack. The Contractor will log on, determine the status of their assigned caseload, and determine what activity is necessary to finalize the eligibility requirements for each applicant. Cases will be assigned to the Contractor based on need as determined by ACS; typically they will be harder to serve, less responsive applicants. ACS and the Contractor will work together initially to determine the appropriate number of cases to be assigned to the Contractor eligibility specialists to allow the timely completion of the cases assigned. After the initial allocation of cases, the Contractor and ACS will meet regularly to maintain the appropriate number of cases based on level of effort required and Contractor resources assigned to the project. Although the executed contract is between TDHCA and the Contractor, ACS and the Contractor will work closely together to ensure the successful delivery of case management services by the Contractor to ACS under the CDBG Disaster Recovery Program known as Round 11. ACS will ensure that Contractor staff are adequately trained on ACS expectations, the Worltrack system, and all Round II program requirements. Client assistance will be seamless so as not to give applicants the perception that the Contractor and ACS are separate entities. CDBG-Rita Contract#CD6 0003 Page 1 of 2 Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million two hundred thirty-eight thousand five hundred thirty-six dollars ($3,238,636.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. CDBG-Rita Contract#C06 0003 Page] of 2 EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $ 600,000 $ 361,189 $ 352,900 $ 1,314,089 2 Reconstruction 17c $13,638,689 $3,468,011 $3,404,780 $ 20,511,480 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000 4 Case Mgmt 31/33 $ 250,000 $ 0 $ 0 $ 250,000 5 Planning/Project Delivery 31/33 $ 1,985,241 $ 321,000 $ 442,000 $ 2,748,241 6 General Administration 32a $ 490,295 $0 $0 _ $ 490,295 TOTAL $16,964,225 $5,400,200 $4,199,680 $26,664,105 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 SEVENTH AMENDMENT STATE OF TEXAS COUNTY OF JEFFERSON Section 1 The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1, Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made a part of this Seventh Amendment. This contract and agreement shall commence on July 28, 2006, and shall terminate on October 31, 2009, unless otherwise specifically provided by the terms of this contract. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A. Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Seventh Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Seventh Amendment. New Exhibit A consists of two (2) pages. Section 4 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget is replaced in its entirety with the new Exhibit B Budget attached to this Seventh Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Seventh Amendment. New Exhibit B consists of one (1) page. Section 5 The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Seventh Amendment. In the event any conflict in terms exists,this Seventh Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 6 By signing this Seventh Amendment the parties expressly understand and agree that its terms shall become a part of the Contract as if they were set forth word for word therein. This Seventh Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: Name: Shaun P. Davis Title: Executive Director Date: 10 1 D Z I O 1 CITY OF BEAUMONT By: Name: Kyle Haves Title: City Manager Date: EXHIBIT A CONTRACT NO. C 06 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition, and reconstruction activities are limited to the target area identified in its 2006 CDBG Disaster Relief application. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Project Description The Contractor will provide housing rehabilitation not to exceed one million three hundred fourteen thousand eighty-nine dollars ($1,314,089), demolition activities not to exceed one million two hundred fifty thousand dollars ($1,250,000), and reconstruction not to exceed twenty-one million three hundred ninety- five thousand nine hundred eleven dollars ($21,395,911) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than six hundred sixty-nine (669) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. Owner-Occupied Housing Rehabilitation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand dollars ($65,000) per unit to assist a minimum of fifty-six (56) beneficiaries, of which one hundred percent (100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure. The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed ten thousand dollars ($10,000) per lot for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing in the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. Housinq Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thousand dollars ($100,000) per,unit to assist a minimum of six hundred thirteen (613) beneficiaries, of which one hundred percent (100%) are of low to moderate income. The Contractor may use up to an additional thirty-five thousand dollars ($35,000) for flood mitigation activities on properties located within the 100 year floodplain. CDBG-Rita Contract#C06 0003 Page] of 2 The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million two hundred thirty-eight thousand five hundred thirty-six dollars ($3,238,536.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. CDBG-Rita Contract#C06 0003 Page 1 of EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $ 600,000 $ 361,189 $ 352,900 $ 1,314,089 2 Reconstruction 17c $14,523,120 $3,468,011 $3,404,780 $ 21,395,911 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000 4 Case Mgmt 31/33 $ 0 $ 0 $ 0 $ 0 5 Planning/Project Delivery 31/33 $ 1,985,241 $ 321,000 $ 442,000 $ 2,748,241 6 General Administration 32a $ 490,295 $0 $0 $ 490,295 TOTAL $17,598,656 $5,400,200 $4,199,680 $27,198,536 RESOLUTION NO. WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338, authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to provide for the administration of Hurricane Rita disaster recovery funds from the Texas Department of Housing and Community Development Department (TDHCA); and WHEREAS, TDHCA has made amendments to the program as follows: • extension of contract that extends the timeline for program completion from October 31, 2008, to December 31, 2008, in order to allow all participating jurisdictions adequate time to complete construction activities, and amends eligible program activities and allocations at the state level; • amends eligible program activities and allocations at the state level; • extension of contract that extends the timeline for program completion from December 31, 2008, to April 30, 2009, in order to allow all participating jurisdictions adequate time to complete construction activities, and amends eligible program activities and allocations at the state level; • extension of contract that extends the timeline for program completion from April 30, 2009, to October 31, 2009, in order to allow all participating jurisdictions adequate time to complete construction activities, and amends eligible program activities and allocations at the state level; • sets the timeline for completion of construction activities through October 31, 2009, and amends eligible program activities and allocations at the state level; and WHEREAS, the contract should be amended by the City to reflect the changes; 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 the documents necessary to amend the TDHCA Disaster Recovery Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - 4 October 13, 2009 Consider authorizing the City Manager to submit a grant application for Stimulus Grant Program funds related to Traffic Signal Synchronization RICH WITH OPPORTUNITY 1117LA,111�ICIIIT 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: October 13, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to submit a grant application for Stimulus Grant Program funds related to Traffic Signal Synchronization RECOMMENDATION The Administration recommends City Council authorize the City Manager to submit a grant application for Traffic Signal Synchronization. BACKGROUND This grant was issued on September 20, 2009 and the application must be submitted by October 30, 2009. The grant will allow the city to upgrade old traffic signal equipment, repair or replace malfunctioning vehicle detection equipment, and install communications to maintain signal timing. The total project cost is estimated at $2.7 Million with a 20%match requirement. Once complete, the project will decrease travel time and vehicular emissions. The City of Beaumont recently retained the service of Midtown Engineers, LLC to retime the city's coordinated traffic signal systems. The consultants also prepared a report detailing deficiencies with the city's aging traffic signal infrastructure. The report noted that the traffic signal cabinets and controllers have exceeded their life span by nearly 100%, many of the city's vehicle detection system are inoperable or missing, and detailed the need and value for a communications system to maintain the traffic signal system. This grant would provide the City of Beaumont a long-term, dependable synchronized traffic signal system at 20% of the cost. BUDGETARY IMPACT If awarded, the city's match will be $540,000 and will be funded through the Capital Program. 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 submit a grant application for the Traffic Signal Synchronization or Replacement Stimulus Grant Program provided by the American Recovery and Reinvestment Act for the purpose of updating and repairing public infrastructure. BE IT FURTHER RESOLVED that the City Council acknowledges the City's contribution will be 20% of the estimated total project cost of $2.7 million dollars, or $540,000, if the grant is awarded. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - 5 October 13, 2009 Consider approving the purchase of trash containers for use by the Solid Waste Division RICH WITH OPPORTUNITY I'Lm , � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 13, 2009 REQUESTED ACTION: Council consider approving the purchase of trash containers for use by the Solid Waste Division. RECOMMENDATION The Administration recommends approval of the purchase from Toter, Inc., of Statesville,NC, in the estimated amount of$179,920. BACKGROUND Containers are to be purchased through the Texas Smart Buy program of the Texas Comptroller's office. Created by the legislature in 1979, the program provides the State of Texas volume purchasing power to local govenunents and assistance organizations. Materials available through this program have been bid by the State, satisfying all competitive bidding requirements. The Solid Waste Division has requested the purchase of 4,000 trash containers at a cost of$44.98 each. The 96 gallon trash containers are to be used for replacement and new installations. Each trash container has a serial number and is compatible with the City's trash collection equipment. BUDGETARY IMPACT Funds are available for this expenditure in the Solid Waste Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of 4,000 garbage containers at a cost of $44.98 each for a total expenditure of $179,920 from Toter, Inc., of Statesville, North Carolina, through the Texas Smart Buy Program of the Texas Comptroller's Office. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - 6 October 13,2009 Consider approving a contract for the Phelan Boulevard Extension Sidewalk Project RICH WITH OPPORTUNITY r 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: October 20, 2009 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the Phelan Boulevard Extension Sidewalk Project to L. D. Construction in the amount of$90,784.50. RECOMMENDATION Administration recommends awarding the contract for the Phelan Boulevard Extension Sidewalk Project L. D. Construction in the amount of$90,784.50. BACKGROUND On September 17, 2009 the City of Beaumont received five (5) bids for the Phelan Boulevard Extension Sidewalk Project. The estimated cost of the project prior to receipt of bid was $155,500.00. The list below identifies the total bids received from the contractors. A copy of the bid tab is attached. Contractor Bid Amount L D Construction, Beaumont, Texas $ 90,784.50 Simco Enterprises, Ltd., Groves, Texas $ 96,790.00 Allco, Inc., Beaumont, Texas $102,910.00 Norman Highway Constructors, Inc., Orange, Texas $163,815.00 Excavators and Constructors, Ltd., Pt. Arthur, Texas $173,798.50 The MBE participation will not be required because the general contractor has been certified as a Minority Business Enterprise. BUDGETARY IMPACT Funds are available through the Capital Program. CITY OF BEAUMONT BID TAB PHELAN BLVD EXTENSION SIDEWALK PROJECT LD CONSTRUCTION SIMCO ENTERPRISES,ITD ALI CO,INC. NORMAN HIGHWAY CONSTR UC10R5, EXCAVATORS AND CONSTRUCTORS ITEM ESTIMATED ITEM NO CODE ALT DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE tOTAI UNIT PRICE TOTAL 104 001 REMOVE CONCRETE SIDEWALK(S') SY 150.00 $21.00 $3,150.00 $9.00 $1,35000 $11.00 $1,650.00 $25.00 $3,750.00 $17.85 $2,677.50 164 001 CELLULOSE FIBER MULCH SEEDING(PERM) SY 620.00 $1.10 $682.00 $2.00 $1,240.00 $1.00 $620.00 $1.00 $620.00 $0.35 $217.00 500 001 MOBILIZATION US 1.00 $8,000.00 $8,000.00 54,50000 54,500.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 513,800.00 $13,800.00 502 001 BARRICADES,SIGNS,ANDTRAFFIC HANDLING MON 3.00 $800.00 $2,400.00 $1,000.00 $3,000.00 $4,000.00 $12,000.00 $100.00 $300.00 5850.00 $2,550.00 506 001 SEDIMENT CONTROL DEVICE(INLET)INSTALL MAINTAIN&REMOVE) EA 1200. $300.00 $3,600.00 $375.00 $4,500.00 $120.00 $1,440.00 $85.00 $1,020.00 $70.00 $840.00 531 001 4"CONCRETES-DEWALK(5')(COMPLETE) SY 2,055.00 $35.50 $72,952.50 540.00 1 $82,200.00 $40.00 $82,200.00 $75.00 S1S4,125.00 $74.80 $153,714.00 TOTAL CONT; 810 $90,784.50 $96,790.00 $102,910.00 $163,815.00 $173,798.50 I RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Phelan Boulevard Extension Sidewalk Project; and, WHEREAS, L. D. Construction of Beaumont, Texas, submitted a bid in the amount of $90,784.50; and, WHEREAS, City Council is of the opinion that the bid submitted by L. D. Construction should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by L. D. Construction in the amount of$90,784.50 for a contract for the Phelan Boulevard Extension Sidewalk Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - 7 October 13, 2009 Consider authorizing the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. for the relocation/removal of overhead electrical lines within the limits of the Calder Street Project RICH WITH OPPORTUNITY [I I'Lm A,11 1�1 01111 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: October 13, 2009 REQUESTED ACTION: City Council authorize the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. RECOMMENDATION Administration recommends City Council authorize the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. for the relocation/removal of overhead electrical lines within the limits of the Calder Street Project. BACKGROUND In conjunction with the Calder Street Project,the electrical utility lines along Calder will be buried, relocated and/or removed. Entergy will conduct the engineering,design,procurement of materials, construction and relocations of their facilities to accommodate Phase II of the Calder Project. The City will be responsible for reimbursing Entergy for all costs associated with this work. The estimated cost of the work for Phase II is $2,516,000. Entergy is requesting the City enter into a Reimbursement Agreement outlining the responsibilities of each party.Also included in the agreement is a Project Executive Summary that outlines the limits of each Entergy job associated with this phase of the Calder Project. A copy of the proposed agreement, in substantial form, is attached. The cost to perform similar work for Phase I of the Calder Project is estimated at $1,000,000. BUDGET IMPACT Funds are available in the Capital Program to reimburse Entergy for this work. 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 Reimbursement Agreement with Entergy Texas, Inc., for the relocation/removal of overhead electrical lines within the limits of the Calder Street Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - 8 October 13, 2009 Consider approving a bid for the installation of an Automated Weather Observation System at the Beaumont Municipal Airport RICH WITH OPPORTUNITY 17L 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: October 13, 2009 REQUESTED ACTION: Council consider the award of a bid for the installation of an Automated Weather Observation System at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends the award of a bid to Vaisala, Inc. of Louisville, Colorado in the amount of$113,749. BACKGROUND Bids were solicited for the installation of an Automated Weather Observation System (AWOS) at the Beaumont Municipal Airport. An AWOS is a collection of sensors that measure and broadcast weather data to help pilots monitor weather forecasts, plan flight routes, and execute correct takeoffs and landings. The sensors measure weather parameters such as wind speed and direction, temperature and dew point, visibility, cloud heights and types, precipitation, and barometric pressure. The addition of an AWOS will greatly enhance the accessibility and safety at the Municipal Airport. Currently, the only available weather observation system is located more than fifteen (15) miles away at the Southeast Texas Regional Airport. The distance between the facilities can render the weather reports inaccurate, thereby creating a potential danger. The following bids were received: Vaisala Inc., Louisville, CO $113,749.00 Kaough & Jones Electric Company Inc., Lake Charles, LA $192,878.00 DACO Construction Inc., Norfolk, NE $211,584.00 The apparent low bidder, Vaisala Inc., has more than twenty (20) years of experience in AWOS installation, maintenance, and communications. Vaisala project managers and technicians have been involved in more than 350 AWOS installations nationwide, including seventy (70) in the AWOS October 9, 2009 Page 2 State of Texas. The company also holds a long-term contract for AWOS maintenance services with TxDOT which currently includes eighty(80) sites across the State of Texas. Council authorized the request for federal funding on June 16, 2009. The City applied and received a federal grant through a program administered by the TxDOT Aviation Division for the installation of the AWOS. The grant will provide 75% of the funding for this project while the City's match is the remaining 25%. Based on the bid from Vaisala, the City's share is $28,437.25 BUDGETARY IMPACT Funds for the City's share of this project will be paid from the Airport Fund. RESOLUTION NO. WHEREAS, bids were solicited for the installation of an Automated Weather Observation System at the Beaumont Municipal Airport; and, WHEREAS, Vaisala, Inc., of Louisville, Colorado, submitted a bid in the amount of $113,749; and, WHEREAS, City Council is of the opinion that the bid submitted by Vaisala, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Vaisala, Inc., of Louisville, Colorado, in the amount of$113,749 for the installation of an Automated Weather Observation System at the Beaumont Municipal Airport be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2009. - Mayor Becky Ames - WORKSESSION * Receive a report from the Texas Historical Commission related to preservation programs f"ERA S- Vi�STIO R I CA L �.-(j M M I S S 10 real places telling real stories August 18, 2009 The Honorable Becky Ames, Mayor City of Beaumont City Hall 801 Main Street Beaumont,Texas 77701 Re: Request for Public Presentation to City Counal for the City of Beaumont,Jefferson County, Texas. Dear Mayor Ames, In 1993, the City of Beaumont proudly designated its first historic district under a local preservation ordinance, along with several provisions to protect and preserve the historical and cultural importance of the community. This act serves as the foundation for all local preservation activity. Additionally, the City currently participates in a number of preservation programs offered by the state to help strengthen and enhance the City's efforts. As the Deputy Executive Director of the Texas Historical Commission (THC), the state agency for historic preservation, I am writing to request an opportunity to make a presentation on the topic of preservation to City Council at an upcoming regularly scheduled public meeting. The request is based on recent troubling news involving the potential demolition of significant buildings in Beaumont, coupled by the City's diminishing participation in various THC programs. To help address this situation and possibly shift the current trend, I would like to provide a brief Power Point presentation on the status of the City's preservation program to the Council at their September 15 2009 meeting. My intent is to demonstrate the City's accomplishments and challenges that will hopefu lead to a renewed approach to local preservation issues. It is essential that the message be conveyed at is public forum to ensure the full support and cooperation of both the City's administration and member of the community. I anticipate that the presentation would be approximately 15-20 minutes in length wi additional time to respond to any questions. I look forward to hearing from you in anticipation of strengthenin the relationship between our agency and the City that will foster effective preservation. Should you have ny questions,please contact me at 512/463-6100. Sincerely, � � G � . 13 2 0 0 Dr. Terry Colley Deputy Executive Director V Cc: Kyle Hayes, City Manager Chris Boone,Director, Community Development Depart t RICK PERRY, GOVERNOR JON T. HANSEN, CHAIRMAN E. LAWERENCE OAKS, EXECUTIVE DIRECTOR P.O. BOX 12276 AUSTIN, TEXAS 78711-2276 P 512.463.6100 f F 512.475.4872 , TDD 1.800.735.2989 www.thc.state.tx.ias