HomeMy WebLinkAboutPACKET SEP 11 2012 RICK WIT■ OPPORTQKITT
BEAUNON*
T • 8 • Z • A • 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 11,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—September 4, 2012
* Confirmation of committee appointments
A) Approve a resolution approving a contract with Legacy Community Development Corp
for the Neighborhood Stabilization Program
B) Approve a resolution authorizing the City Manager to receive additional funding through
the Department of Homeland Security Supplemental 2007 Port Security Grant Program
C) Approve a resolution authorizing the City Manager to amend the Management
Agreement between Beaumont Transit Company and the City of Beaumont
4 A
RICH WITH OPPORTUNITY
[IEAUMON*
T • E • X • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officep
MEETING DATE: September 11, 2012
REQUESTED ACTION: Council consider a resolution approving a contract with
Legacy Community Development Corp for the
Neighborhood Stabilization Program.
BACKGROUND
In response to the recent decline of property values and mortgage foreclosures across the
country,the U.S. Department of Housing and Urban Development (HUD) developed the
Neighborhood Stabilization Program (NSP), in order to assist with the revitalization and
stabilization of impacted communities. The NSP was designed to provide targeted assistance to
State and Local Governments to acquire and redevelop abandoned and/or foreclosed homes and
residential properties that might otherwise become sources of blight within the neighborhoods.
The City of Beaumont received a grant in the amount of$1,125,873 to purchase, rehabilitate, sell
or rent affordable housing to low income citizens. This grant has allowed the City to purchase
and rehabilitate eight single family residential homes and one duplex. This contract will allow
for any of these properties that are not sold to be donated to Legacy Community Development
Corp (Legacy), a not-for-profit Community Housing Development Organization(CHDO)that
will manage the rental of the properties according to NSP guidelines.
Any and all income received by Legacy for leased properties must be used toward the
organization's affordable housing activities. Housing Division staff will be responsible for
monitoring Legacy for the NSP program compliance.
FUNDING SOURCE
No funds are required.
RECOMMENDATION
Approval of resolution.
RFP Name: RFP for non profit organization to own and manage rental units
RFP Number: PF0812-08
RFP Opening Date: August 30, 2012
Legacy Community Development
Criteria Max Value Beaumont, Tx
Qualifications of the proposed personnel
and contractors to carry out the proposed 30 30
program. Knowledge of HUD, CDBG, HOME
and NSP regulations
Numbers of single-family rental units developed
in the past five (5)years and currently managed 30 24
successful)
Financial capacity of respondent to carry out the 20 18
proposed scope of work.
Proposed approach to carrying out the program 20 18
Total 1 100 90
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
Legacy Community Development Corporation (Legacy CDC)to allow for the management
of rehabilitated properties in accordance with the Neighborhood Stabilization Program
guidelines.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2012.
- Mayor Becky Ames. -
B
RICH WITH OPPORTUNITY
• � x • A • S Ci Council A enda Item
T E ty g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 11, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to receive additional funding in the
approximate amount of$17,878.05 through the
Department of Homeland Security Supplemental 2007 Port
Security Grant Program.
BACKGROUND
Earlier this year,the City Council approved Resolution 12-069 that authorized the purchase of an
armored vehicle for use in the Police Department. Additional grant funds are available that can
be utilized towards the purchase.
The memorandum of understanding with Jefferson County will be amended to reflect the
additional funds, since they are the fiduciary agent.
BUDGETARYIMPACT
None.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on April 13, 2010, City Council passed Resolution No. 10-093
authorizing the receipt of funding in the amount$1,507,184.25 through the Department of
Homeland Security Supplemental 2007 Port Security Grant Program (PSGP); and,
WHEREAS, Resolution No.10-093 further resolved that the City Manager was
authorized to enter into a memorandum of understanding with Jefferson County to facilitate
expenditure of the grant funding through the PSGP fiduciary process; and,
WHEREAS, additional funding is available in the amount up to$17,878.05 through
the Department of Homeland Security Supplemental 2007 Port Security Grant Program;
and,
WHEREAS, the City of Beaumont wishes to modify the Inter-Governmental
Agreement with Jefferson County to allow for the additional funding allocations and to
facilitate expenditure of the grant funding through the PSGP fiduciary process; and,
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to receive additional funding
in the amount up to $17,878.05 through the Department of Homeland Security
Supplemental 2007 Port Security Grant Program (PSGP).
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
modify the Inter-Governmental Agreement with Jefferson County to allow for the additional
funding allocations and to facilitate expenditure of the grant funding through the PSGP
fiduciary process. The modified Inter-Governmental Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2012.
- Mayor Becky Ames -
INTER-GOVERNMENTAL AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
CITY OF BEAUMONT, TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
This Agreement between Jefferson County Texas,hereinafter referred to as "County" and the
City of Beaumont, Texas hereinafter referred to as "City" is as follows:
WHEREAS,the County acts as the Fiduciary Agent for the 2007 Supplemental Port Security
Grant Program hereinafter referred to as "2007 SPSGP"administered by the Department of
Homeland Security and
WHEREAS,the City has submitted and received approval from the Area Maritime Security
Committee, Captain of the Port, and the Department of Homeland Security for the following
projects:
• Back up power for alternate EOC, ICP and dispatch $ 853,413.11
• Primary EOC Roof Hardening 667,216.00
• Communication Projects (Fire Alerting and Shortel Systems) 486,900.61
• CBRNE Response vehicle 253,888.00
Total $2,261,417.72
WHEREAS, Seventy five percent(75%)of the project(s) cost up to a maximum of
$1,696,063.29 is approved under the 2007 Supplemental Port Security Grant Program.
THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City
as well as the County as a result of the project
1. The County acting as Fiduciary Agent will draw down these funds from the 2007
Supplemental Port Security Grant Program and issue payment to the City
2. The City has budgeted and made available the twenty five percent(25%) cash match
as required by the 2007 SPSGP.
3. The City will ensure that project activities are in accordance with the 2007 SPSGP.
4. The County shall fully and satisfactorily perform all of the conditions and obligations
as Fiduciary Agent under the terms of the 2007 SPSGP.
EXHIBIT "A"
5. The City will fully and satisfactorily perform all of its obligations under the
terms of this agreement.
6. This is a good faith effort between the County and the City to accommodate and
assist the citizens of Jefferson County by providing the Sabine Neches Waterway
with security improvements and each of the entities hereto pledge their best efforts to
fulfill the obligation set forth herein this agreement.
COUNTY OF JEFFERSON:
WITNESS OUR HANDS effective this day of 92012.
Jeff Branick, County Judge
ATTEST:
Carolyn Guidry, County Clerk, Jefferson County
WITNESS OUR HANDS effective this day of , 2012.
CITY OF BEAUMONT, TEXAS:
Kyle Hayes, City Manager
ATTEST:
City Clerk
c
RICH WITH OPPORTUNITY
[IEAIIMON*
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: September 11, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the City
Manager to amend the Management Agreement between
Beaumont Transit Company and the City of Beaumont.
BACKGROUND
Currently the Beaumont Municipal Transit system is managed through a Management Agreement
with Beaumont Transit Company of Jacksonville, Florida. Attached is an amendment clarifying
language(page 4)to require that any changes to wages and benefits would have to be approved by
the City before they could be implemented.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of resolution.
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 amendment to the
Management Agreement with Beaumont Transit Company, of Jacksonville, Florida, for
management services of Beaumont Municipal Transit. The contract as awarded is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2012.
- Mayor Becky Ames -
MANAGEMENT AGREEMENT
THIS AGREEMENT made and entered into this the day of
20 ,by and between the City of Beaumont,a Texas municipal corporation,(hereinafter referred to
as City),and Beaumont Transit Company,a Texas corporation of Beaumont,Texas(hereinafter referred to
as Company).
WITNESSETH:
WHEREAS, the City has acquired vehicles, repair facilities, furniture, fixtures, books, records,
contracts and other properties for the operation of a public transportation system for the use and benefit of
the public;and
WHEREAS,the City intends to retain title,ownership,use and possession of all properties now or
hereafter acquired for the purpose of said public transportation system and the revenues to be derived
therefrom, but desires to engage a firm to operate and manage, under the supervision of the City , said
public transportation system;and
WHEREAS,the Company,its officers,and supervisory employees are trained and experienced in
the operation of public transportation systems;and
WHEREAS,the City deems it advisable and in the public interest to execute an agreement with the
Company for the operation and management of its public transportation system;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein,it is agreed that:
Section 1:The City hereby retains and employs the Company to provide management services and
to operate its public transportation system, comprising all properties, equipment, facilities, routes, and
services,now or hereafter existing for such purpose,to the end that the Company shall employ,furnish,and
supervise the personnel, including the Resident Manager,necessary for the City's operation of its public
transportation facility, and shall also perform such other services as hereinafter provided and under the
conditions set forth. In this connection, the Company shall assume the active direction of the
transportation system, including transportation, maintenance, schedule preparation, labor relations,
accounting,employee selection and training, and supplying public information to the public in person or
over the telephone. In addition,the Company shall fimn*and supervise all personnel required for the
City's operation of its public transportation system. It is the intention of the parties in the execution of this
Agreement that the Company shall provide the full and complete management services for the public
transportation facility owned by the City during the term hereof and any specific duties and obligations set
forth herein shall not be construed as limitations.
This agreement shall become effective on_____, 2012 and shall remain in effect for a
period of two(2)years and nine(9)mondrs from and after the effective date and for two additional one(1)
year periods contingent upon satisfactory performance by the Company,meeting goals to be established by
the parties hereto.
Section 2: The City agrees to provide and furnish to the Company for the operation of the public
1
EXHIBIT "A"
transportation system all of the properties and facilities of such system now or hereafter owned,purchased
or leased by the City including,but not limited to,(a)passenger and service vehicles,(b)gasoline,diesel
and other fuels,oils and lubricants,(c)tires and tubes for such vehicles,(d)repair and replacement parts and
materials,(e)furniture, fixtures, and all necessary and usual office equipment and facilities, (f) shop and
repair facilities,tools and machinery,and(g)land and buildings used for transportation purposes. Title to
and ownership of all of said properties and facilities,including leasehold interests,shall be taken and held in
the name of the City; purchases or acquisitions made after the effective date of this Agreement for the
benefit or operation of the public transportation system shall be made by the City.
Section 3: The Company agrees to manage, supervise, and operate the City's said public
transportation system in an efficient and economical-manner.
Nothing in this agreement shall or should be taken as a guarantee or representation by the Company
that the operation of the City's public transportation system shall produce a profit to the City or shall be free
from loss by reason the Company's management of the same pursuant to the terms of this agreement. The
public transportation system shall be operated over the routes,on the schedules,and at the rates of fare as
designated by the City, it being understood that, as between the parties hereto, the City has the sole
authority to determine and set the rates to be charged, the routes to be operated, and the service to be
furnished.
Sectiiw 4:The Company agrees to furnish for the active management and direction of the system
such general managerial,administrative,and technical services and guidance as shall be necessary for the
proper operation of the system. The services may be provided in the principal office of the Company's
parent corporation, or at such other place, or places, as the Company shall determine. The services and
guidance provided by the Company's parent corporation or affiliated companies include,but are not limited
to:
(a) Pa oll : The maintenance of employment records; cross checking of pay rates and raze
increases to labor contracts; calculation of special pay rates under labor contract; summarization of daily
time cards for total pay hours and gross pay; calculation of withholding and social security taxes;
maintenance of other payroll deduction records and ledgers for pension contributions, bonds, uniforms,
union dues, group insurance, united way, etc.; maintenance of schedules as to timing of deductions,
calculation of net pay,preparation of quarterly Federal and state payroll tax returns;preparation of weekly
depository forms and filings for payroll taxes; preparation and issuance of W-2 forms at year end;
maintenance of record of exempt wages; preparation of payroll register, maintenance of individual
employee earning records;and preparation of the individual paychecks.
(b)Accounts Pg Processing of all disbursements; matching receiving reports with invoices
received;checking to see that Purchasing has verified the pricing with the purchase order;reconciling the
individual invoices to the vendor's statement; preparing the vouchers and voucher register and preparing
the disbursement checks for signature.
(c)Pu as' • Issuance of purchase orders; maintenance of price lists;maintenance of perpetual
inventory records;preparation of bidding specifications for tire,fuel,and similar contracts;issuance of bid
proposals for tire, fuel, and similar contracts and analysis of such bids, combination of bidding with
affiliated operations,if beneficial,physically make,summarize,and analyze inventories of fuel,materials
and supplies, and other assets, cross shipping of parts with affiliated operations to reduce obsolescence;
preparation of requests to manufacturers for parts returns; supervision and control of billings under
manufacturers warrants;product comparison;supervision and evaluation of field testing of new products;
preparation of maintenance bulletin;coordinate and conduct maintenance manager's conferences.
2
(d)General Accounting: Maintenance of general ledger and all subsidiary records;preparation of
journal entries;maintenance of statistical information;preparation of budgets and forecasts;preparation of
special reports;preparation of financial statements;preparation and filing of Federal and state payroll tax
returns and other required tax filings; establishment of internal control and procedures to safeguard cash
and other assets; performance of periodic internal audits to assure procedures are adequate and are being
followed;preparation of financial reports required in connection with special Federal or state demonstration
grants,capital grants and operating subsidies;programming of data processing equipment; [availability of
data processing equipment on an as-needed basis for payrolls, accounts payable, property records and
special projects.]
(e) Insurance Supervise handling and settlement-of all accident and injury claims;
conduct safety education programs:administer group insurance coverage;process and control sick pay and
worker's compensation claims;administer the acquisition of insurance coverage;combination of collective
risks of all affiliated operations into one policy if beneficial to spread the risk over a broader base and obtain
lower rates;supervise the handling and processing of worker's compensation and other insurance claims,
coordination of selection and training procedures, coordinate and supervise maintenance of accident
records and driver records; maintain accident statistical data for National Safety Council and American
Public Transit Association competition; prepare and distribute reports analyzing accidents; obtain
necessary filings to comply with state insurance requirements; evaluate data collected from accident
investigation and litigation with excess liability carrier; maintain claim files; and supervise subrogation
claims.
During the term of this agreement, the Company shall take out and maintain the following
insurance coverages:
(1) Automobile Liability Insurance applicable to claims arising from the use,operation and
maintenance of buses providing liability limits at least in the amount of$5,000,000 per
occurrence,combined single limits bodily injury and/or property damage. Liability limits
at least in the amount of$1,000,000 per occurrence combined single limits bodily injury
and/or property damage shall be maintained for use and operation of private passenger
vehicles and service vehicles owned or operated by or on behalf of the City.
(2) Automobile Collision and Comprehensive Insurance must be maintained covering all
vehicles owned or operated by the Company. The City shall be named as loss payee as
their interests may appear.
(3) Commercial General Liability Insurance providing liability limits at least in the amount of
$1,000,000 per occurrence applicable to claims for bodily injury and/or property damage.
The City shall be included as named insureds under this policy.
(4) All risk Property Insurance covering loss or damage to personal property and equipment
located within premises leased to or occupied by the City. The City of Beaumont shall be
named as loss payee.
(5) Inland Marine Insurance protecting against all risks of direct physical loss must be
maintained for communications equipment and other movable equipment of high value.
(6) Employee Blanket Fidelity Bond coverage must be maintained protecting the Company
and the City with limits at least in the amount of the maximum potential exposure to loss of
3
monies for which the City is responsible.
(7) Worker's Compensation coverage providing statutory benefits and Employers Liability
Insurance, including the Broad Form All States Endorsement shall be maintained,
protecting all employees of the Company against occupational injury or disease.
The Company shall provide the City with insurance certificates certifying that the foregoing
insurance is in force;and such insurance certificates shall include provisions that the insurance shall not be
canceled,allowed to expire or changed without giving the City thirty days written notice by certified mail.
(f)Man ement: The officers=and.employees of the Company's parent corporation shall-perform
all the normal functions of their positions for the Company without receiving any direct compensation from
the City;included in these functions are:labor relations;negotiations of labor agreements;administration of
grievances or arbitrations under labor agreements;schedules and run bids;maintenance of pension records;
assistance in preparation of specifications,grant applications,financing,and related managerial activities
for capital additions and operation subsidies; preparation of exhibits and testimony in connection with
budget proceedings and other regulatory matters; assist in long-range planning, set and administer
Company policy. The Company will determine how well the present system is meeting the transit needs of
the present service area,and make recommendations for improvements to better serve the population of the
service area.
(g) Support EWdpg ent and %m*cs: The Company's parent corporation shall provide at no
additional cost to the City,other than the fee stated herein,equipment such as typewriters,adding machines,
desks,tables,chairs, file cabinets,copy machines, data processing equipment,etc. The management fee
shall include all supplies such as paper,pens,pencils,ribbons, etc.,that shall be necessary to perform the
above functions by the parent corporation.
In addition to the above managerial, administrative and technical services and guidance to be
provided by the Company's parent corporation,the Company agrees to provide from its parent corporation
or its affiliated companies such temporary employees as may be necessary for short duration and for special
projects or emergencies such as illness,death,etc.
The Company's parent corporation further agrees to provide its system of controls, work flow,
forms, etc., which has been developed over a period of years from experience in many different transit
operations.
Section 5:The Company shall prepare operating budgets for the public transportation system for
approval by the City A" of fm, Mutm and 9OFvi9e mquiped to meet Gity . Wage
increases and benefit changes must be approved by the City prior to implementation.
Section 6:The Company agrees to retain competent practicing attorneys to handle all legal matters
including,but not limited to,the prosecution and defense of all claims,suits and actions for dames,by or
against the City,or the Company and their officers and employees,individually or jointly,arising out of the
operation of the public transportation system.
Section 7: The Company shall not be liable to the City for any failure, delay or interruption of
service,nor for any failure or delay in the performance of any duties and obligations under this agreement
due to strikes,Acts of God,government restriction,enemy action,civil commotion,unavoidable casualty or
similar acts beyond the control of the Company.
4
Section 8:All revenues received from the operation of the public transportation system,including
fares received from passengers,charter and advertising fees, and monies received from the rental,use or
investment of properties or funds of the City shall be,and remain from the time of the receipt thereof,the
absolute property of the City.
The Company agrees to receive, collect, deposit and disburse such revenues for the operations of
the public transportation system,and to keep and maintain books and records of the operation of the public
transportation system in accordance with standard accounting procedures applicable to such operation,and
to render and certify to the City full and complete monthly and annual operating and financial reports in the
form and manner approved by the City,and such other information in respect to the operation of the public
transportation system,as the City may from time to time request.
Section 9: The Company agrees to audit, verify and prepare vouchers, to prepare checks for the
signature of the person(s) designated by the City, and disburse funds for the payment of the operating
expenses of the system, which operating expenses are defined to mean and include, but not by way of
limitation:
(1) Reimbursement to the Company the gross amount of wages and salaries paid to or for the
benefit of all employees of the Company including the Resident Manager, inching all
social security,unemployment and other payroll taxes now or hereafter imposed or levied
on any employer and paid on the salaries and wages of such employees and officers of the
Company, and the expense of worker's compensation insurance covering all such
employees.
(2) Payments made by the Company pursuant to any Pension or other plan presently in effect
for the benefit of the Company's employees, and as the same may be hereafter amended
from time to time, and other employee costs, including medical and hospitalization
program costs.
(3) All payments made in settlement of claims or satisfaction of judgments arising out of
injury or death of persons, or damage to property incurred in the operation of the public
transportation system,and all expenses incident thereto,including the expense of operating
the claim department, attorney's fees, court costs and other expenses of the trial of
lawsuits, witness and investigation expenses, medical, hospital and ambulance services,
the cost of bonds and deposits required by law, and the premium on liability insurance.
(The Company, the City,their officers of employees, shall be protected as their interests
may appear by the insurance described in Section 4, and the creation by the City of a
casualty reserve fund,as provided in Paragraph(7)of this Section,in an amount equal to
the then estimated liability not covered by insurance for all outstanding claims.)
(4) All general and miscellaneous expenses incident to the operation and proper maintenance
of the public transportation system including, but not limited to,cost of general property
insurance, fidelity bonds, telephone, telegraph, postage, freight, stationery and printing,
office supplies, checks, etc., maintenance of office machines and equipment, books,
newspapers, utility services, materials, legal fees, medical expenses, services rendered
under general or special contracts,advertising,printed schedules and route maps,drafting
supplies and blueprinting expense, arbitration expense, audit expense, bank charges,
comprehensive liability insurance, American Public Transportation Association expense,
National Safety Council expense, cost of technical journals and services, and other
expenses of a usual and customary nature incident to the operation of the public
5
1
transportation system.
Only the following expenses shall be excluded from reimbursement to Company
net
Corporate expenses; taxes of all kinds levied by reason of o liable for any taxes other
income of,the Company. (It is believed that the Company
than the foregoing,but in the event it should be adjudged liable for any other taxes, the
Company shall be reimbursed for same.)
erial, administrative, technical services and guidance provided by the
(5) For the Company's pag arent corporation and as management compensation,the City agrees to pay to
s p
-the Company a monthly fee as follows:
Year One
to 00000 Per Mouth
Year Two
10000 00 Per Month
Per Month
Year Three
10000.00
10 000.00 Per Month (If Contract is
Year Four Extended)
Year Five
10000.00 Per Mouth (if Contract is
Extended)
(6) payment to vendors and contractors for all amounts due for the purchase °A 'for the
supplies,thel,transfers,pSes a rickets,or other items purchased of rental or use
use in the operation of the public transportation system,and the
charges due for tires,machinery and other items leased by the City for such purpose•
(7) Payment into a"Casualty Reserve Fund"of the City of an amount sufficient to make the
balance in such fund at the end of each month equal to the then estimated liability not
covered by insurance,for all outstanding claims against the Company or the City,jointly or
severally,arising out of the operation of the public transportation system,said Fund to be
maintained until all estimated liability and claims P thereby shall have been fully
discharged.
Section The City shall maintain the current operating capital of $10g,000 as an advance
payment for current month expenses.
Section i l: If this agreement is terminated f al not renewed with the mP�Y�mess of the
assume or make arrangement for the assumQtion of all then existing
to the City's public transportation
Company in connection with the provision of management services
facility,
the furnishing of personnel necessary for the City's operation of its public transportation system,
and all other undertakings by the Company hereunder unless such commitments,obligations,liabilities,an
undertakings have not been incurred as provided in this agreement. Upon such termination,the Company
and its parent corporation shall deliver to the City or its designee in Beaumont,Texas,all the records and
to the operation of the system maintained by the Company or the Company's
other written data pertaining including,but not limited to, inventory
parent corporation for the City under the terms of this agreement personnel records pertaining to the
records, vehicle maintenance records, accoung records, and
in this shall require the Company to
Company's personnel; provided, however, that nothing pm'�Ph
disclose information about its personnel in violation of any applicable law.
6
Section 12:
(a)Termination for Convenience
(1) The City may terminate this agreement upon receipt of any notice that effectively
terminates or denies operating assistance from the Federal Transit Administration(FTA)or
other cognizant Federal agency.
(2) Any termination under this paragraph shall be effected by delivery to the Company of a
written notice of termination specifying the extent to which performance of work under the
contract is terminated,and the date upon which such termination becomes effective.
(b)Termination for Default
(1) In the event that review of the Company's performance shows nonconformance to the
work required by this agreement, the Scope of Services or other terms or conditions
contained herein as a result of the Company's errors,omissions or negligent acts,Company
shall be in breach of this agreement and the City may take corrective action as they deem
necessary including,but not limited to,termination,withholding,or reduction of payment.
In the event that the City fails to comply with the terms of this agreement,the Company
shall have the right to terminate this agreement.
(2) A termination under this paragraph shall be effected by delivery to the defaulting party or
parties of a written notice of termination stating the reason(s)therefore thirty(30) days
prior to the effective date of the termination. The party or parties receiving notice shall
thereafter have ten (10) days to provide an explanation or justification, and/or shall
undertake any reasonable remedial action required by the noticing party. If,in the opinion
of the noticing party,the other party or parties remain in violation of this agreement at the
completion of the ten(10)day period,the agreement shall be terminated as provided in the
notice of termination whereupon all obligations of the noticing party to the other party shall
cease.
(c)Payment Upon Termination
In the event the contract is terminated prior to completion of the services by Company, Company
shall be paid for services performed to the date of termination. In no event will the amount due
Company in the event of termination exceed that amount set forth in or agreed upon pursuant to
Section 9 of this agreement.
Seqt 13:It is mutually agreed that the Company is an independent contractor and its employees
are neither employees nor agents of the City. As such,employees of the Company shall not be entitled to
any employment benefits of the City,such as,but not limited to,vacation,sick leave, insurance,worker's
compensation,or pension and retirement benefits.
Section 14:It is agreed that the City's failure to insist upon the strict performance of any provision
of this agreement, or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach shall not constitute a waiver of any rights under this agreement.
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Section 15:The work to be performed under this agreement is on a project assisted under a program
providing direct Federal financial assistance from the United States Department of Transportation and is
subject to the requirements of the Urban Mass Transportation Act of 1964,as amended,49 U.S.C.et.seq.
This agreement shall be subject to any and all terms and conditions of any and all applicable underlying
grants or agreements by which the City receives funding from the United States of America,State of Texas,
or any agencies of subdivisions thereof to finance in part or in whole this agreement. This agreement shall
be subject to all amendments, changes or other modifications to said grants, agreements, or laws and
regulations under which they are promulgated that may occur during the terms of this agreement or any
subsequent extensions of it. The parties to this agreement further certify and agree that they are under no
contractual or other disability which would prevent them from complying with these requirements.
lion 16: The Company agrees that it shall not discriminate against any employee or applicant
for employment or otherwise illegally deny any person participation in or the benefit of any program or
activity which is the subject of this agreement because of race, color, seat, religion, national origin or
disability. To the extent applicable,the Company will comply with all provisions of Executive Order No.
11246 of the Civil Rights Act of 1964, (P.L. 88-352),the Equal Employment Opportunity of 1972, (P.L.
92-261),Section 1615 of the Urban Mass Transportation Act of 1964,as amended and all other applicable
Federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and other
directives promulgated to prohibit discrimination. Violation of this provision (after notice) shall be a
material breach of this agreement and may result in a termination or suspension of this agreement in whole
or in part,at the option of the City.
5p9tion 7: No member of or Delegate to Congress of the United States, and no resident
commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the
same.
Section 18: No member, officer or employee of the City, who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall have any
interest direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed
in connection with this agreement. The Company shall incorporate, in all contracts or subcontracts in
connection with this agreement,a provision prohibiting such interest in accordance with this Section.
Section 19: All financial records, supporting documents, statistical records and all other records
pertinent to this contract shall be reamed for a period of three years after the expiration thereof. However,
if any litigation, claim or audit is started before the expiration of the three year period, the records in
question shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
The Secretary of Transportation,the City Manager of the City of Beaumont,and any of their duly
authorized representatives shall have access during normal business hours to any pertinent books,
documents,papers,and records of the Company to make audits,examinations,excerpts,and transcripts.
Section : The City desires that Minority Business Enterprises have the maximum opportunity to
participate in the performance of this contract and will:
(a) Promote affirmatively (where feasible in accordance with all applicable laws, statutes and
constitutional provisions)the procurement of goods, services,and supplies from minority owned
business enterprises.
8
(b) Insure that competitive and equitable bidding opportunities are followed to afford minority
business enterprises participation. Strive to obtain contract and subcontract awards to minority
business enterprises.
(c) Identify and communicate to the minority business enterprises community procedures and
contract requirements necessary for procurement of goods, services and supplies for projects and
subcontracts.
(d)Provide technical assistance as needed.
The-Company shall insure that minority business enterprises have the maximum opportunity-to
compete for and perform portions of the work included in this contract and shall not discriminate on the
basis of race,color,national origin,sex,or disability. The Company shall include this special provision,
Minority Business Enterprises (MBE), in all subcontracts for this contract. Failure on the part of the
Company to carry out the requirements set forth in this special provision may constitute a breach of contract
and after proper notification may result in termination of the contract or other appropriate remedy.
A minority business enterprise is defined as a business,with at least fifty(50%)percent owned and
controlled by minority group members. The minority ownership must exercise actual day-to-day
management. Minority group members may consist of Black Americans(an individual of the Black race
of African origin), Hispanic Americans (an individual of Spanish speaking culture, origin or parentage
traceable to the areas of the Far East,Southeast Asia,the Indian subcontinent and the Pacific Islands,Indian
American(an individual who is an enrolled member of a Federally recognized Indian tribe,or recognized
by the tribe as being an Indian, as evidenced by a certification of tribal leader),American Aleuts or any
recognized minority group approved by the City.
A Woman Business Enterprise is a business with at least fifty(50%)percent owned and controlled
by women who exercise actual day-today management.
The Company shall exercise all necessary and reasonable steps to insure that Minority Business
Enterprises and Women Business Enterprises participate in the work required in this contract. The
Company agrees by executing this contract that it will exercise all necessary and reasonable steps to insure
that this special provision contained herein on Minority Business Enterprise is complied with.
Section 21: This agreement is governmental in nature and for the benefit of the public and is not
intended to be for private profit or gain. Any fees charged hereunder are intended to reflect as closely as
possible the City's actual cost and neither party intends to waive its sovereign immunity by reason of this
agreement.
Section 22:This agreement shall extend to and be binding upon the successors,heirs and assigns of
the parties hereto,provided that the Company shall not assign or transfer its rights or obligations hereunder
without the prior written consent of the City, and provided further that no person, firm or corporation
contracting with the Company, and no sub-contractor, shall be subrogated to any of the Company's rights
hereunder nor shall any of said parties be deemed to be a third party beneficiary hereunder. The City shall
and may exercise all powers and authority granted it under this Agreement without liability on its part to the
Company. As used hereunder the singular shall include the plural and the use of one gender all genders,as
the context requires.
9
Section 23:This agreement constitutes the entire understanding of the parties.
Section 24: The parties will make and execute all further instruments and documents required to
carry out the purpose and intent of the agreement.
Section 25:All of the terms and conditions contained herein shall be interpreted in accordance with
the laws of the State of Texas. In the event of a conflict between the various terms and conditions
contained herein or between these terms and other applicable provisions, then the more particular shall
prevail over the general and the more stringent or higher standard shall prevail over the less stringent or
lower standard. _- --
Section 26: If any section, subsection, paragraph, sentence, clause, phrase or portion of this
agreement is for any reason held invalid, unlawful or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the
remaining portions hereof.
Section 27: All notices hereunder and communications with respect to this contract shall be
effective upon the mailing thereof by Registered or Certified Mail, return receipt requested, postage
prepaid,and addressed as follows:
A. If to Beaumont Transit Company:
Beaumont Transit Company
3545 West Beaver Street
Jacksonville,Florida 32254
B. If to the City:
City Manager
City of Beaumont
P.O.Box 3827
Beaumont,TX 77704
Section 28:This agreement shall not be modified or otherwise amended except in writing signed by
the parties.
IN WITNESS WHEREOF,the parties hereto have executed this contract and agreement on
the day of ,A.D.20___,as of the date and year aforesaid.
BEAUMONT TRANSIT COMPANY CITY OF BEAUMONT
By By
Gary A.Miller,President Kyle Hayes,City Manager
10
ATTEST: ATTEST:
Secretary City Clerk
GABIDS-DO NOT MOVE OR DELETElWAft-F-1 IMM 11-53_Trwksh Areammt 2011.wpd
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I,Gary A.Miller,hereby certify on behalf of Beaumont Transit Company that:
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying", in accordance
11
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 13.52,U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Executed this day of .20
By:
Signature of Authorized Official
Title of Authorized Official
CERTIFICATION REGARDING DEBARMENT,SUSPENSION
AND OTHER RESPONSIBILITY MATTERS
Beaumont Transit Company certified to the best of its knowledge and belief,that it and its principals:
1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any federal department or agency.
2. Have not within a three-year period preceding this bid,been convicted of or had a civil judgement
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a
public transaction,violation of federal or state anti-trust statutes or commission of embezzlement,
theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving
stolen property.
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal,state,or local)with commission of any of the offenses enumerated in Paragraph b of this
certification.
4. Have not within a three-year period preceding this bid, had one or more public transactions
(federal,state or local)terminated for cause of default.
Beaumont Trar sit-Company;_certifies or affirms the truthfulness and accuracy of the contents_of the
statements submitted on or with this certification and understands that the provisions of 31 U.S.C.Sections
3801 et,. se s.are applicable thereto.
DATE:
SIGNATURE:
TITLE:
CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING DEBARMENT,
SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION
The Lower Tier Participant (potential sub-grantee or sub-recipient under a FTA project, potential third
party contractor, or potential subcontractor under a major third party contract), Beaumont Transit
Company,certifies by submission of this proposal,that neither it nor its principals are presently debarred,
suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(If the Lower Tier Participant(potential sub-grantee or sub-recipient under a FTA project,potential third
party contractor,or potential subcontractor under a major third party contract)is unable to certify to any of
the statements in this certification,such participants shall attach an explanation to this proposal.)
THE LOWER TIER PARTICIPANT(POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT UNDER A
FTA PROJECT,POTENTIAL THIRD PARTY CONTRACTOR,OR POTENTIAL SUBCONTRACTOR
UNDER A MAJOR THIRD PARTY CONTRACT)BEAUMONT TRANSIT COMPANY,CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT
THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ,ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
Date
APPENDIX A,49 CFR PART 20-CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
The undersigned[Contractor]certifies,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the making of any
Federal loan, the entering into tof any cooperative agreement, and the extension, continuation, renewal,
amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency,a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed Reg. 1413(1/19/96).
Note: Language in paragraph(2)herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995(P.L. 104-65,to be codified at 2 U.S.C. 1601,et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgmnts, and contracts under
grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
-- entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of
1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §
1352(cxl)-(2XA), any person who makes a prohibited expenditure or fails to file or amend a required
certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not ore than
$100,000 for each such expenditure or failure.]
The Contractor, Beaumont Transit Company, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that
the provisions of 31 U.S.C. § 3801,et seq.,apply to this certification and disclosure,if any.
Signature of Contractor's
Authorized Official
Name and Title of
Contractor's Authorized Official
Date
SIC■ *IT■ OFFOSTUNITT
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 11,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
PUBLIC HEARING
* Receive comments on the 2012 (FY 2013)Proposed Tax Rate
WORK SESSION
* Review and discuss funding towards a"minimum revenue guarantee"to
American Airlines to secure air service to Dallas-Fort Worth International
Airport
1. Consider approving funding towards a"minimum revenue guarantee"to
American Airlines to secure air service to Dallas-Fort Worth International Airport
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 to wit:
City Manager—Kyle Hayes
City Attorney—Tyrone Cooper
City Clerk—Tina Broussard
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
PUBLIC HEARING
Receive comments on the 2012 (FY 2013)
Proposed Tax Rate
RICH WITH OPPORTUNITY
111'CA,iUMON
�
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: September 11, 2012
REQUESTED ACTION: Council to hold a second public hearing on the 2012 (FY
2013) Proposed Tax Rate.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws
in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the
lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax
Increase is required to be published in the newspaper, on the city website, and on a television
channel, if available. The notice was published in the newspaper, on the website and on the
cable channel 4 on August 22, 2012, regarding the proposal to increase total tax revenue from
properties on the tax roll by 3.55%. Although the proposed tax rate of$0.64 is remaining the
same, the increase is related to new property added to the tax roll this year and a slight increase
in appraised values. The first public hearing was held on August 28, 2012.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
To hold the public hearing.
WORK, SESSION
Review and discuss funding towards a
"minimum revenue guarantee" to American
Airlines to secure air service to Dallas-Fort
Worth International Airport
1
September 11,2012
Consider approving funding towards a"minimum revenue guarantee"to American Airlines to
secure air service to Dallas-Fort Worth International Airport
Jim Rich, President of the Greater Beaumont Chamber of Commerce, will make a request of the
City Council,during the work session,to help fund a"minimum revenue guarantee"to American
Airlines. This item has been placed on the agenda for consideration to allow the City Council to
take action on a specific funding amount if there is consensus to do so. In order to commence
with air service in February 2013, American Airlines has indicated that they need a revenue
guarantee commitment by the week of September 17.