The URL can be used to link to this page

Home My WebLink AboutPACKET OCT 28 2014BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 28, 2014 1:30 P.M. CONSENT AGENDA Approval of minutes — October 14, 2014 Confirmation of committee appointments A) Authorize the City Manager to execute a new lease agreement with the Texas Energy Museum B) Authorize the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services awarded to the Beaumont Public Health Department's WIC Division C) Authorize the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for FY 2013 Emergency Solutions Grant (ESG) funds D) Approve a change order to the contract with Allco, LLC, related to the Grit Pump Replacement — Wastewater Treatment Plant Project E) Approve a resolution accepting the Certified Tax Roll Summary for the tax year 2014 (fiscal year 2015) F) Approve a resolution terminating a contract with CIMA Utility of Beaumont for mowing privately -owned developed and vacant properties and awarding a contract to Texas Institute of the Blind and Handicapped Industries for the same G) Approve the payment of $650 to settle outstanding liens for litter and weed abatement on property at 2400 Rusk Street, legally described as Oaks L 18 B 14 C_7 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a new lease agreement with the Texas Energy Museum. BACKGROUND The City of Beaumont owns the property that is leased and utilized by the Texas Energy Museum. The City has been leasing these premises to the Texas Energy Museum since 1988. The new lease better defines the maintenance responsibilities of both parties and describes under what conditions the museum may alter or make modifications to the building. The new 20 -year lease would commence on December 30, 2014 and would terminate on December 29, 2034. The Texas Energy Museum would continue to pay the City of Beaumont $1 per year in exchange for operating the leased premises as an Energy Museum to be used for educational, civic, and other purposes. The City's annual operating agreement with the Texas Energy Museum is included as well. Council approved the funding portion of the operating agreement on September 30, 2014 via resolution 14 -210. The lease agreement and operating agreement are attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 a twenty (20) year Lease Agreement with Texas Energy Museum, Inc. for the lease of the land and building utilized as a public energy museum at an annual rental fee of $1.00 commencing on December 30, 2014. The Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - STATE OF TEXAS LEASE AGREEMENT r COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont, a municipal corporation of the State of Texas, and the Texas Energy Museum, Inc., a Texas non - profit corporation, entered into an Lease Agreement on the 30th day of June 1988 wherein the City of Beaumont, hereinafter referred to as "Landlord ", and the Texas Energy Museum, Inc., hereinafter referred to as "Tenant ", agreed to a forty (40) year lease on the land and building to be used as an energy museum; and, WHEREAS, Landlord and Tenant desire to amend such lease in its entirety to read as follows: WITNESSETH: ARTICLE 1 - Description of Lease Premises For and in consideration of payment by Tenant of the rental hereinafter reserved to Landlord and the performance by Tenant of the covenants and agreements hereinafter contained to be performed by Tenant, and in accordance with all of the provisions hereinafter set forth, Landlord does hereby lease and let unto Tenant, and Tenant does hereby take and lease from Landlord, the following described real property and premises (the "leased premises "); That certain land more fully described in Exhibit "A ", attached hereto and made a part hereof by this reference, hereinafter called the "Land ", and the energy museum building, parking facilities, landscaping, and other improvements as may be constructed on the Land by Tenant, which improvements are hereinafter called the "Building" or "Facilities." EXHIBIT "A" ARTICLE 2 - Term of Lease The term of this lease shall be for twenty (20) years commencing on the 30th day of December, 2014, and terminating at 11:59 p.m. on the 29th day of December, 2034, if not sooner terminated as hereinafter provided. ARTICLE 3 - Rental Tenant shall pay to Landlord as rent hereunder the sum of ONE DOLLAR ($1.00) per year payable on the 30th day of December, 2014 and on the same day of each calendar year of the term of this Lease commencing on the 30th day of December, 2014. ARTICLE 4 - Use and Occupancy 4.1 Tenant shall use and occupy the leased premises as an energy museum open to the public, for the promotion of energy and for related purposes, including, but not limited to, education purposes, civic purposes, fund raising purposes, and entertainment purposes. Tenant agrees to operate the leased premises as an energy museum during the full term of this Lease. 4.2 Tenant will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to Tenant's operations in and on the leased premises. 4.3 Nothing contained herein shall prevent Tenant from charging an admission price for persons to visit the energy museum located on the leased premises. City Administration shall be allowed to use facilities when available at no charge for official City of Beaumont business. ARTICLE 5 - Alterations. Additions or Improvements Tenant shall not, without first obtaining the written consent and approval of Landlord, make any alterations, additions or improvements in, to or about the leased premises; provided, however, that such consent shall not be unreasonably withheld. Any work done by Tenant in, to or about the leased premises shall be done in a good and workmanlike manner and without impairing the structural integrity of the Building, and no liens shall attach to the leased premises or to the Building of which same are a part. Similarly, during the term of this Lease, City will not, make any alterations, additions or improvements in, to or about the facilities without first giving notice to Tenant of Landlord's intent. ARTICLE 6 - Activities Increasing Fire Insurance Rates Tenant shall not do or suffer anything to be done in or about the leased premises which will increase the rate for the fire insurance on the leased premises. ARTICLE 7 - Assignment or Sublease Tenant shall not, without first obtaining the written consent of City Manager of Landlord, which consent shall not be unreasonably withheld, assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet the leased premises or any part thereof. This covenant shall be binding upon the Tenant and every person to whom Tenant's interest under this Lease passes by operation of law. However, Tenant may rent a portion, but not all, of the leased premises for periods not to exceed 72 hours without first obtaining the written consent of the City Manager of Landlord. ARTICLE 8 - Damage to Building 8.1 If the Facilities are damaged by fire or any other casualty, all insurance proceeds for such casualties shall be paid to either Tenant or City, as their interest may appear and as their loss may be allocated. Either City or Tenant may elect to terminate this Lease under the terms hereof should a fire or other casualty loss result in damage to the Facilities in excess of fifty percent (50 %) of the replacement cost of such Facilities immediately prior to such casualty. Should either party elect such termination, then the other party shall have the option for sixty (60) days after the date of such election to terminate the Lease or to elect to rebuild the Facilities. Any rebuilding or reconstruction fo the Facilities shall restore such premises to substantially the same condition as existed prior to such casualty loss. Should either party elect to rebuild, such insurance proceeds as shall have been paid to both parties shall be deposited in a state or federal bank with offices located in the City of Beaumont, Jefferson County, Texas. Such insurance proceeds shall be held in escrow by such bank as a trust fund for the purpose of paying for the cost of rebuilding and repairing the Facilities and the cost of making temporary repairs of doing such work as may be necessary to protect the Facilities against further injury. Such proceeds shall be disbursed in accordance with the provisions of paragraph 8.2 hereof. The bank shall be entitled to a reasonable compensation payable out of such fund. If insurance proceeds held by the bank as provided in this paragraph shall exceed such costs, such excess shall belong to and be paid over to the parties who deposited said amounts in proportion to their interest in the account. If rebuilding of the Facilities is undertaken by Tenant under this Article, the construction shall be made subject to the approval of City. 8.2 Any monies paid out of the trust fund established under the terms of paragraph 8.1 hereof shall be paid as the work progresses, upon the request of the party performing the reconstruction, and against the certificates of the architect or engineer in charge of such reconstruction showing that the amount stated in the particular certificate has been paid or is due in respect to such work together with the names and addresses of the person, if any, to whom such amounts are due. Payments hereunder shall be subject to normal retainage applicable to construction contracts entered in by home -rule cities in accordance with the laws of the State of Texas. 8.3 If the damage to the leased premises is less than fifty per cent (50 %) of the replacement cost of the leased premises (exclusive of foundations and the Land) immediately prior to such casualty, then Tenant shall promptly after such casualty commence to repair the damage to the leased premises and restore same to substantially the same condition as existed prior to such casualty. In such event Landlord shall pay to Tenant the proceeds of the insurance paid to Landlord for such casualty loss. 8.4 Notwithstanding anything contained herein to the contrary, if any casualty occurs to the leased premises repair of which shall cost Twenty Thousand and No /100 Dollars ($20,000.00) in excess of the insurance proceeds available for such casualty or which is not covered by insurance (either of such events being hereinafter called an "uninsured loss "), Tenant shall have one hundred eight (180) days after the date of an uninsured loss to elect by written notice to Landlord to either repair an uninsured loss or to terminate this Lease. If Tenant elects to repair the uninsured loss, Tenant shall commence to repair the uninsured loss promptly after the exercise of its election to repair hereunder and shall restore the leased premises to substantially the same condition as existed prior to the uninsured loss. If Tenant elects to terminate this Lease as set forth above on such uninsured loss, then Landlord shall have the option for a period of sixty (60) days after notice of such election to terminate by Tenant to elect to repair the uninsured loss and to continue the lease in full force and effect. If Landlord elects to repair the uninsured loss under the terms of this Paragraph, then Landlord shall promptly proceed to make such repairs as are needed to restore such uninsured loss to the leased premises. If the Tenant and Landlord elect not to repair as provided above, Landlord shall demolish any remaining structures on the leased premises. Tenant upon such demolition shall pay Landlord the cost thereof out of any insurance proceeds up to the full amount thereof. Any cost in excess of the insurance proceeds shall be paid by Landlord. 8.5 Upon any termination of this Lease under any provisions of this Lease other than on a default on the part of Tenant, Tenant shall be entitled to remove all of its furniture, furnishings, and other property of Tenant located on the leased premises. ARTICLE 9 - Insurance and Waivers of Subrogation 9.1 Subject to all limits, deductibles and limitations of its policies chosen by City, City shall procure and maintain Texas multi -peril form hazard insurance coverage on the Facilities in not less than the full insurable value thereof. Such insurance shall be obtained in the name of City. 9.2 Tenant shall procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any of its property in or on the leased premises. ARTICLE 10 - Eminent Domain 10.1 If the whole or any part of the leased premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date, hereinafter called the "date of taking ", that Tenant is required to yield possession of the whole or part of the leased premises so taken. The term date of taking shall also mean and refer to the date of any other transfer of possession of any part or all the leased premises to a condemning authority under power of eminent domain. On any taking of all of the leased premises by power of eminent domain this Lease shall terminate on the date of taking and the rent reserved herein shall abate. If less than all of the leased premises shall be taken by power of eminent domain, then Tenant shall have one hundred eight (180) days after the date of such taking to exercise an option to terminate this Lease or to keep this Lease in full force and effect. Such option shall be exercised by written notice to Landlord. 10.2 All compensation awarded for any taking of the leased premises under power of eminent domain shall be the property of Landlord and Tenant hereby assigns its interest therein to Landlord. 10.3 The term "eminent domain" as used herein shall include the exercise of any similar governmental power and any purchases or other acquisition in lieu of condemnation. ARTICLE 11 - Landlord's Remedies on Default If Tenant defaults in the payment of rent payable hereunder, or either party hereto defaults in the performance of any of the other covenants or conditions hereof, such non defaulting party may give the other party notice of such default; and if Tenant does not cure any default covering the payment of Rent or other sums of money hereunder within thirty (30) days, or other default within sixty (60) days, after the receipt of such notice (or if the default is of such nature that it cannot be completely cured within such period of time, if Tenant does not commence curing such default within such sixty [60] days and thereafter proceeds with reasonable diligence to cure such default), then Landlord may terminate this Lease by written notice to Tenant, or in the alternative Landlord may reenter and take possession of the leased premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass. If this Lease shall have been terminated by Landlord, Landlord may at any time thereafter resume possession of the leased premises by any lawful means and remove Tenant or other occupants and their belongings and property therefrom. ARTICLE 12 - No Waiver of Covenants or Conditions The failure of either party to insist on strict performance of any covenant or condition thereof, or to exercise any option or election herein contained, shall not be construed as a waiver of such covenant, condition, option or election in any other instance. This Lease cannot be changed, amended or terminated orally. ARTICLE 13 - Quiet Enioyment Landlord covenants that if, and so long as, Tenant pays the rent herein reserved and performs the covenants hereof, Tenant shall peaceably and quietly have, hold and enjoy the leased premises for the term of this Lease, subject to each and all of the covenants and provisions of this Lease. ARTICLE 14 - Headings The headings of the several Articles in this Lease are intended for convenience and reference purposes only and shall not be taken into consideration in any construction or interpretation of this Lease or any of its provisions. ARTICLE 15 - Binding Effect The provisions of this Lease shall apply to, bind, and inure to the benefit of the Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns; provided, however, that the inclusion of assigns in this sentence shall not be construed to permit any assignment in violation of the covenants herein contained. ARTICLE 16 - Construction 16.1 This Lease, and any and all amendments, modifications or other writings pertaining thereto, shall be construed under and pursuant to the laws of the State of Texas. 16.2 In the event that any provision hereof, or the application thereof to any person or circumstance, shall be adjudged invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 16.3 In construing this Lease, masculine or feminine pronouns shall be substituted for those neuter in form, and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 16.4 Any notice or demand required or permitted to be given by the terms of this Lease shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified United States mail, return receipt requested, in a postpaid envelope properly addressed to the party entitled to receive such notice. Notices shall be addressed to the parties at their respective addresses set forth above, or to such other address as the parties may later designate by written notice given as provided herein. Notice shall be to have been duly given, if delivered personally, upon the delivery thereof, and if mailed, upon the earlier of (a) the actual receipt thereof, or (b) three (3) business days after the mailing thereof, provided that such notices, if mailed, are addressed and transmitted as herein required, with full postage prepaid. ARTICLE 17 - Maintenance During the term of this lease agreement Tenant shall be responsible for all general upkeep of the Facilities. City will be responsible for the general structural maintenance of the building, HVAC system operation including annual checks and replacement of filters, pest control inspections and treatment, roof, exterior windows, and major repair of the elevator. City will also be responsible for grass cutting and trimming in accordance with the City's regular schedule. Tenant will be responsible for all utilities, including gas, electrical, waterand garbage collection costs, telephone and cable television or other communication devices. Tenant will also be responsible for routine maintenance, routine plumbing, janitorial service, replacement of luminaries, interior painting and inspection and general maintenance of the elevator. Tenant will be responsible for the maintenance and repair of the fire alarm system and security systems. Tenant is also responsible for the monitoring of these systems. IN WITNESS WHEREOF, Landlord and Tenant have executed (or caused to be executed by their duly authorized officers or agents) this Lease, all as of the day and year first above written. CITY OF BEAUMONT TEXAS ENERGY MUSEUM, INC. By: By: AGREEMENT FOR THE OPERATION OF AN ENERGY MUSEUM WHEREAS, the Texas Energy Museum, Inc., a Texas non - profit corporation, hereinafter referred to as "Museum ", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City ", agree as follows: 1. City hereby hires and engages Museum to operate an energy museum open to the public on the premises leased from the City and described in Exhibit "A" attached hereto and made a part hereof for all purposes (herein "the premises "). Museum agrees to accept such hiring and hereby agrees to operate such energy museum. 2. So long as Museum operates an energy museum upon the premises City agrees to pay museum the sum of Twenty -Three Thousand Seven Hundred Fifty and no /100 dollars ($23,750.00) per quarter an amount approved by the City Council each fiscal year commencing on the day of 2014. Payments hereunder shall be subject to adjustment upon agreement of Museum and City. 3. City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of 2014. CITY OF BEAUMONT TEXAS ENERGY MUSEUM, INC. By: By: 7 7 : ' TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services (DSHS) in the amount of $844,542..00 awarded to the Beaumont Public Health Department's WIC Division. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department's WIC Division grant funds in the amount of $844,582.00. The contract will begin 10/01/2014 and end on 09/30/15. 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 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. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2015- 047276 (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 CITY OF BEAUMONT (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 $844,582.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding 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 10/01/2014 and ends on 09/30/2015. 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: 2015- 047276 -001 NSS /WIC LOCAL AGENCY 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. 92648-1 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 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 By: Signature of Authorized Official Date Evelyn Delgado Assistant Commissioner for Family and Community Health Services 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 512.776.7321 Evelyn,Delgado @dshs.state.tx.us 92648-1 CITY OF BEAUMONT By: Signature Date Printed Name and Title Address City, State, Zip Telephone Number E -mail Address for Official Correspondence 2015 - 047276 -001 Categorical Budget: ft OR FRINGE BENEFITS Total reimbursements will not exceed $844,582.00 $0.00 $0.00 $0.00 WOO $0.00 $0• $844,582.00 $0.00 $844,582.00 S8: $0.00 $0.00 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 grant funding from the Texas Department of State Health Services (DSHS) for the benefit of the Beaumont Public Health Department's Women, Infants and Children (WIC) Division in the amount of $844,542 effective October 1, 2014 through September 30, 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - r �rA TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs (TDHCA) for FY 2013 Emergency Solutions Grant (ESG) funds. BACKGROUND Given the extent of the homeless problem within our community, the City partnered with the Texas Department of Housing and Community Affairs (TDHCA) to receive $215,493 in Emergency Solutions Grant (ESG) funds. The City acts as the lead agency, providing the funding to local homeless service providers for such activities as shelter operations and rental assistance. As the program nears its completion, it will be necessary to extend the contract deadline to December 31, 2014 in order to expend the remaining funds. A copy of the current contract as well as the proposed amendment is attached for your review. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). RECOMMENDATION Approval of resolution. TEXAS DEPARTMENT OF HOUSING _END COMMUNTTN AFFAIRS CONTRACT NO 42130001767 FOR THE FYI-01', EMERGENCY SOLUTIONS GRANTS (FSG) PROCiRt,M CFDA NO ,4?' SECTION 1. PARTIES TO (FIE CONTILACT (his FrncrgencN Solutions Grants Contract No 42130001767 (herein the "Contract "I is made h� and hetween ,he Texas Department of Housing and Communihr Affairs, z public and official of the State of Texas. (hereinafter the Depanment- ! and City of Beaumont, apolitical subdivision of the State of 'I exa, Thereinafter the " Suhrecipient') SECTION 2. CONTRACT TERNI Fins Contract shall commence on October 01. 2013, and. unless earlier terminated. shall end on September 30. 2014 herein the "Contract Ferm ") SECTION 3. St'BRECIPIEN''I' PERFORMANCE Subrecipient shall develop and implement an Emereenc\ Solutions Grant. Program ("ESG") in accordance w,al, the terms of this Contract and the Exhibits attached to this Contract incorporated herein for a;l relevant, purposes Subrecipient shall develop and implement the ESG to assist homeless individuals or persons at 4 of homelessness to quiC0\ ream stahilits in permanent housing after experiencing a housing crisis and /or homelessness Suhrecipient shall implement ESG in accordance with, but not limited to, the provisions of the Homeless mergencs ,Assistance and Rapid 'I- anwion to Housing Act. as amended (42 USC 11302 et seq ) (hereinafter the "Federal Act' I. the U S Department of Housing and Urhan Development (hereinafter "HUD ") regulations codified it-. 24 CF -R Pans �i 91_ 570_ 582 and eb3 (hercmaner the "Federal Regulations "j_ the implementing State rules under 'Title 10. PAR, L Chapter _ Subchapters ? and h of the Texas Administrative Code. as amended o- supplemented from time to tune (hereafter the "ESG State Ruics " ;_ and am applicable Office of Management and Budget (OMB) Circulars Subrecipient shall perform all activities it accordance with Cie terms of the Per�onnance Document (hereinafter "Exhibit A "). the Rudget (hereinafter ":Exhibit B "). the Match Requirements Document (hereinafter "Exhibit C). the Applicable Laws and Regulations (hereinafter "Eahib)t D "i. the Ceruficahor. heuar'ding Lobb\ 'ine for Contracts. Grants, Loans. and Cooperative Agreements (hereinafter "%,knit F the assurances. :er ifications. and other statements made pv Subrecipient in it_r ESG application and with all other teens of this Contract If the persons to benefit from the activities described in Exhibit. A are not roc-win a servi-,e o nenelit. the Subrecipient is Kahle to repay the Department am associated disallowed costs Subrecipient shall not expend funds w am acnam requinne a nev+ procurcmen', under this Conn a, to Nov ern he- 3 'O1 11, During the Contract T�crni until November 2013_ Subrecipient shall implement ?-SG rr, accordance with the regwrements of the current FSG State Rules adopted to be effective September 30. 2(tl- BegmnmL, Novern cr 3 2013. Subrecipient shall implement ESG in accordance ))pith the requirements of the ESG State Rules_ ar amcndec to he effective November 2 25i Performance related to established targets avill he reported in tite monnik performance repo, and accomplishment ir, meeing targets mm be considered in applications for future funding onponuniiwr viii the Denartneni D All funds must be fully expended within the Contract Term and must be expended at a rate accepta'nie a the Department and as indicated in Exhibit A Tic Department reserves the right to reques_ an expendr ire play i` it appears funds wil; not he e)pended within the Contrac! Term Page 1 of 20 SECTION 4. 1) EPA RTNIENT FINANCLAL OBLIGATIONS A In consideration of Subrecipients ongoing and sausfacton performance of this Contract. Departmem shalt: reimburse Subrecipient for the actual allowable costs incurred during the Contract Fern, by Subrecipient in the amount specified in the 'Budget" attached hereto as Exhibit B of this Contract B Anc decision to obligate additional funds or deoblisate funds shall be made m writing by Department in its sole discretion based upon the status of funding under grants to Department and Subrecipient'S overall comphance wish the terms of this Contract C Depanment's obhsations under this Contract are contingent upon tic actual receipt of adequate ESG funds from HUD If sufficient funds are not available to make payments under this Contract. Department shall nouffi Suhrecipient in wiling within a reasottati)le time after such fact is determined_ Depa merit shall then terminate this Contract and will not he liable for the failure to make anv payment to Subrecipient under this Contract 1) Subrecipient shall refund to Department any star of money which has 'peen paid to Subrecipient by Department. w-Fnch Department determines has resulted in an overpayment, which the Department has determined was from actiN t% under a newly procured contact or subcontract procured on or before Nov -ember 3. 3013. or which Department determines has not been spent stricth m accordance with the terns of this Contract Subrecipient shall make such refund withm fifteen ( 1 i days aficr isle Department's request I. Notwithstanding am other provision of this Contract. Department shall only oe liable to Subrecipient for uigihic cos- incurred or performances rendered for activities specified in 24 C F R § 76 of the Federal Regulations SECTION 5. METHOD OF PA) NIENT /CASH BALANCES A_ Su'orecipients mav request a one time working capital advance for thirty (3U) days cash needs or an advance of Sd 000 . whichever is i-yeater ]n order to request an advance payment Subrectpient must submit to Department a properly completed expendnure repot that met udes a request for advance funds (Projected Expenses) Thereafter, tile Subrecimert will be reimbused for the amount of actual cash dishursements_ a reimbursement basis I` Suhrecipient shall csablish procedures to minimize the time elapsing hery +ecn the transfer of funds from Department to �uhrecipicnt and the dishursemcnt of such funds bt Subrecipient l' Section f(A) noik,ithstandi L. Department reserves the right io use I. modified cost reimhursement method of payment whereby reunbursement of costs inctured be a Subrecipient is made only after the Department has reetwved anc] approved backup documentation provided 'nv the Subrecipient io support such costs for all funds it at anv tame ti, Department determines that Subrecipient has maintained cash balances m excess of need_ "2i Department tacnufies im deficienc% in the cash controls or financial management SvStem used by Suhrecipient_ or (3) Subrecipicn! fails tc comph w;t; -I the repotting requirements of Section 12 of this Contract J All ,`ands paid to Subrecipient pursuant to this oniraet arc fir the :?:elusive benefit of the elWihlc reciptentu of FSG ser, ices and for the pavmem o, expendnures. E Department mav offset or withhold am- amounts otherwise owed to Suhrecipient under this Contract a = gins- anv anourn owed by Subrecipient to Department arising under this Contract SEC'T'ION 6. COST PRINCIPLES AND ADMINISTRATIFE REQUIREMENTS A Except as expressh mod,ficd by law or the terns of this Contract. Subrecipient shall comphI with the cost prncipies and uniform admimstram,c requirements set forth in the uniform Grant Management Standards. I(t T.AC �- 1( ci seq (hercmafier "Llniforin Grant Management Standards, Al! references therein to "local govemment" shah be construes to mean Subrecin,en'. B Uniform cos; principles ;or governments are set forth ui OMB Circular ,A -S7 as impierrtemed rn C.F f'an UnlfOrm administrative requirements for govermnems are .ct forth m OMB Circular .A -102 OMB Circular Audis of States. Loca Govemmenis. and Non -Profit Organizations_' sets forth audi'_ standards for aovcmmental organizations and other organizations expending Federal funds 'the expenditure threshold requiring an audn under Circular A -:33 iS S500_000 of Federal funds or 5500.000 of State funds Page 2 of 20 Departmen�. shall not he liable to Subrecipient for cenam costs. including but not limited to costs which 1 i Have been reimbursed to Suhrecipient or arc subtect to reimbursement to Suhreapent b% am source other than Depart ment. 2) Are not allowvahle costs_ ') Are incurred to mvoluntary separate a family (4) For units of local government. is incurred to replace funds provided b% the local eovemment for street outreach and emergenev shelter services during the preceding 13 -month period without HUD exception_ (f) Are incurred to provide certain legal services for immigration and citizenship matters and issues relaung to rn Ortaages; 61 Are incurred to provide certain substance abuse treatment services. �l Are incurred to pay arrears for temporary storage fees. (HI Arc incurred to pay cr modifi a debt. (ci] Are incurred to acquire property or to construct ne%m piopem (PO Are incurred for the rehabilitation of structures to the extent that those structures are used for inherently rchgious actl%Jtiei. 11 ) Are expended on rehuhilitation actrniues prior to the submission of a Request for Release of Funds and puo; to the release of funds by HUD. 12 i Are not strict]% in accordance with the terms of this Contract. including the Exhibits. 3) Ilare not been reponed to Department within sixty (60) days following termination ofthrs Contract. U 41 Are not incurred daring the Contract Tenn. with the exception of travel cuss to attend the SCpLember I % -I b'. 201; ESG Implemenwuon Workshop in Austin_ -texas. or Arc incurred under a ne%y contract or subcontract procured on w before Novemher :_ 2tJli. SECTION 7. 'FERMISATION kND SUSPENSION Pursuant to 17 o_ the ESG State Rules, Department may terminate o- suspend this Contract, in whole or in pan_ at am time Department determines that there is cause for termination Cause for termination includes. nut IS not limited to. Subrectpient's failure to comply with any term of this Contract or reasonable belief that Subrecipient cannot or well not uomp;N %wh the requirements of this Contract_ If the Department determines that an Subrecipient has faJec to compk with the terms of the Contract or to provide services that meet appropriate standards_ goals. or other r-'qurrementS established h% the Department. the Department will notify- Subrecipicnt of the deficiencies to he corrected and requuc the deficiencies be corrected prior to implementing suspension 13 Notilm<- :n :his Section shall be construed to limit Department's authorit% to withhold payment and unniediatch suspend this Contract if Department identifies possible msiances of 'fraud, abuse. waste, fiscal mismanagement- or other dericiencies m Subrecipient s performance Suspension shall be a temporar% measure pending either corrective action b.% Subrecipient or a decision he Department to terminate this Contract C Department], shall not he liable for am costs incurred b) Subrecipient after termmauon o this Contract I) Noomhstandmg am exercise b% Department of its right of termmation or s °.:spensror:_ Subrecipicn'. Chu, -io'l. be relx-N td of am II ant ilt% to Department for damages by virtue of any breach of this Contract b% Subrecipient SECTION S. MATCH REQI_;IREMENT Subrecipient shall provide an amount of fund; equal w t'ne amount of funds provided by Department under this Contract Therein "Subrecipient's Match ")_ Suhrectpient's Matclr must be pm%ided tiom Julc 2(d ti]mugh September 30_ 2014from sources including arty Federal Source other tnan the I:SG program. as well a state. local. and private sources Funds used to match a previous ESG award ma} no; he used to mat -h the award made under this Contract Sunrecip,ent's Match may include resources provided b% am suhcontractor or sungrantee to which Subrecipient prorides fund; under this Contract Page = of 20 H Amounts may be couni.Ld towards Subrecipient's Match onh if such amounts are costs o- resources of a npc sneclfled to Exhibit C and only if such amounts are computed in accordance with this Section In calculating the amour; of Subrecipient's Match. Subrecipient may include. but is not limned to. cash donations the valoe of am donated material or buildme. the value o:' am- lease on a building. am salary paid to Subrecipient's staff (or that of its subcontractors) in camina out the activities required under this Contract, and the time and services contributed by volunteers to carry out such activities Services provided he volunteers must be valued at rates consistent \nith those ordinardv paid tier simile work in the Subrecipient's organization of if,, tlic same labor market Subrecipient shai determine the cahie of am donated material or building or any lease using am method reasonable calculated to establish a fair market value SECI ION 9. ALLOWABLE EXPENDITURES 1 The allowabilnv of Subrecipient's costs incured in the performance of *,iris Contract shall be determined in accordanec with the provisions of Section 6 and the regulations set forth in 10 IA( �S?UO? of the ESG State Rules and 076 loo through §576.109 of the Federal Regulations. subject '.o the limitations and exceptions set forth in this Section B ESG funds may used for administrauvc activities as well as five program components as set lbrth in '4 C_I� R >76 101 through 24 C F X576 107 ofthe Federal Reaulations. C Administrative costs incurred be Subrecipient in performing this Contract are to be haled on actual pronJarmnauc expendtttues and shall be allowed up to the amount outimed In Exhibit B of this Contract Funds may he used to paN indirect costs to accordance with OMB Circular A -87 Eligible administrative costs include I i General management, oversight and coordination_ 21 Training on ESG reci iicments_ and �i Eneiionmentalrevietr SECTION III. TERMINATING ASSISTANCE A. If a program participant iolates program requirements. the Subrecipient may terminate the assistance in accordance with 24 CF R c576 40_ ofthe Federal Regulations H ; errninauon under this Section 10 does not bar the Subrecipient from further assistance at a later d:ue to the same famih o- individual SECTION 11. RECORD KEEPING REQCIREMENTS A Subrecipient shall conri with all the record keeping requrrements set forth ,n 24 C I R §i76 >W of the i�ederal Regulations and shall inam ain fiscal and programmatic records and supponing documentation lot all esnen.irtuics made uncle- this Contract B Op:vr RCC07 -CiS Subrecipient acknowledges that all information collected_ assembled. or maintained bt Suhrectpient penainmg to this Contra: c, subject to the Texas Public Information Act. Chapter 552 of Texas Governmem Code and must provide citizens. public agencies. and other interested parties with reasonable access to all records l)- rtaimnL to tm,, Contract subject io and in accordance with the Texas Public Information Act C A��ess u- be aids Subrea;neni shall _true the HUD, the U S General Accounting Office. the Texas Comptroller. the Suttc Auditor's Office_ and Department. of am of thcu dub authorized representatives. access to and the right to examme and cope- on o- Off the premises of Suhrectpient. all records p,,ruuning to this Contract Sucin ri_ht u; access shah, couunue as long as the records are retained b, Subrecipient D Pcrr-ioa o.` Re-ord Retention Subrecipient agrees to maintain such records in an accessible location for tin, seater of fwe (5) vicars after the expenditure of all funds from the arrant. or the period specified beimc Where funds from :his Contract are used for the renovation of an emergenc\ shelter involves costs charged to the ESC; meant that exceec sevenn� -five percent (75 %) of the value of the building before renovation_ records must be retained until ten ,](,)I years after the date that ESG funds are first obhaated for the renovation _1 here tuns tom 'his Contract are used tc convert a building into an emergence shelter and the costs chargee to the ESG grant for the conversion exceed seventy -five percent of tine value of the building after conversion records must be retained until ten (101 vears after the date that ESG funds are first oN igated fo- the conversion Pale 4 of 20 E Exceptions is the record retention periods outlined above include. (i) ii noufied h\ the Department in \+'nuns the date that the final audit is a::cepted with all audit issues resolved to the Department's satisfaction. (ii, if am litigation claim. negouation. inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all Issues which arise under it. (ui) a date consistent w!th am other period required by federal or state lain of regulation Subrecipient agrees to cooperate v�nh am examination conducted pursuant to this Subsection E Upon termination of this Contract. all records are property of the Department Surrecip)vni small include the substance of this Section I I in all sabconeracts SECTION 12, REPORTING REQUIREMENTS A Subrecipient shall submit to Department such reports on the performance of this Contract as may he required by Department including. but not limited to. the reports specified in this Section ]d 13 Suhrecipient shall electionicalh submit to the Department no later than the fifteenth (15th) day of euch month lollovvme the preceding month in the Contras'! Term a perfoi riancc report listing required demographic nifonnation. OR! nwnher of persons assisted_ and the outcomes achieved in the previous month. and an cxpenditurc report listing all expenditures of funds under this Contract during the preyinus month 'phew reports are due even If Subrecipient has no neti acne r% to report during the month Suhrecipient must repor client -level data in the Homeless Management htfonnauon Sv °stem MMIS) Victim service or legal se ice providers rna% use a comparable database and are onh reouired to report aggregated data U- Subrecipient shall suhnn a final performance report and a final expenditure report to the Department yithui thin (3C) cia,s alter the end of the Contract perm The 'ailure of Subrecipient to provide a full eccounung of all funds expended under *m�, Contract within sixrN (60) days n;as oe sufficient reason for Department to dent or terminate am future consacus with SUN ecipient if this Contras. provides assistance for renovation_ rehah;hLation_ or eom ersion. !n addinon to the electronic final report. Suhrecipient s'nall sui)mt cover photography of _he finished construction �kork. and verification of passed inspeetions in the form of cenificaie occapancN Subrecipient shat submit to Department no later than sixty (6(' ;) days after the termination of this Contract ^umuiative inventor report of all t•quipment having a unit acquisition, cost of Sa_X( or more. acquired in whole or it-, pan with funds reve!ved under tnts or previous ESG contracts II SLIDI !peen; fats to suDinn within fbm-five , -�� aays of it due date. am Tenon o- response Feuutred by tI Contract. !nciudInL responses to monitoring repors. Department may. In its soic discretion. suspend pa%,mcnts. place Suhrecipient Or; cos'. reimbursement method of payment. and Inmate proceed!np is terminate the Contract li Suhrecipient receives ESG funds from Department over two or more (ontra., Terms. termination proccediiLs ma% he in!oatec or. this Contract for Subrecipient's failure to suhnur. a repor. mduding an audi. report. past due from c prior conrrac� G Suhrecipient shall provide the Department with a Data: liri%ersal Numberun_� Sv °stem iDLNS! number and a Central Contractor ReglStraaOn (CCRI System number I'hc DUNS number musi Inc pro-,)6t-,d in a document from Din; and Bmdstreei and the current CCR number must be submitted from a document retrieved from the https sarn_em wehsite These docmrnents in us', he provided to the Department prior to the processing first payment ui Suhreapient. Suorectpient shall maintain a cuneni D1JNS number and C'CR number for the entire ConAabt Term SECTION 13. CHANGES A,XD A01ENDn1EN C5 !,m. :hanL,,. addition or dcicuon te tine terms of tins Contract reouuce Ls chariat in state or .eoerai or mLulaaor, is automaocalk incorporated herein and is effective on the date designated by SUCK law or re�__ulatiom P Except as specificalh_ prop ided otherwise in this Contract. ari changes. additions. or deienons to the terms of this Contract shall he m wraing and executed b. both Parties to this Contract If am Pam returns an executed cop,\ 'o) faCSlmlle machine or electronic transmission_ the signing pain intends the wpN of Its authorized signature printed he the r; serving machine or the eiectronic transmission. to oe its orngmal signature C Wlitien requests for Contract amendment must b�: received b\ the Department b\ rte late- than sixth ioO1 days prior to the end of the Con Tact Tenn Page 5 of 20 SECTION la. PROGRAM INCOME A Program Income shall have the meanina set forth in 21' CF _R Hd. > of the Federal Re«ulanons which Includes am gross income recetN-ed by the grantee or suhgrantee direct)\ senerated b% a grant supported activnc. or earned onh as a result of the uant agreement during the grant period; vluch it during the Contract 'I 'e.rm Am secuniv or unlit\ deposits refunded from vendor should he treated as program incomc B In accountme for prog-atri incomc. the Subrecipient and Affiliate must accurate!_ reflect the receipt of ')left fends separate Rom the receipt of federal funds and Subrecipwrit;Affiliaie funds Program incorne earned and expended during the Contract "I erne shall count toward meeting the ,unrecipicnt's matchmh-- requirernents du1`1112 the Contract Term and should he reported as match _ provided the costs are ehLiblc I;SG costs that supplement the SUbrecipient's E:SG program_ 1) Pro�'ram income received by the Subrecipient and Affiliate during. the Co71IraCt Term and not expended during the Contract Term along with program income received two (2) _years following the end of the Contract 'lcrm must he returned ,L) the Department Program income ;rust he returned within ten (10) working days of reccipi hr the Subrecipicn! Prou'ram Income received b\ the Suhrecipient and Affiliate after the tv,o (2) _sear period described :n Subtiecticm 1) of this Section 1-1 is no longer Program income. and can be retained h\ the Suhrecipient SECTION 1,, INDEPENDENT SURRECIPIENT is agreed rha'. Department is contractin_ with Suhrecipient as an independent contractor SECT ION 16. PROCUREMENT STANDARDS A Suer !_)lent shah comply wnh 24 CF.R Part Rf_ this Contract and all applicable iAeral sate_ and icecap lams_ icr- aiatiom and ordinances fo- makinc procurements under this Contract B Whet] the Subrectpwm nc longer needs equipment purchased with ESG grant funds_ regardless of purchase pace or upon the termination of this Contract_ Depanrent rnav take possession and transfer title to am suc'n property of equipment to the Department of to a third pari m mac seek relntbursement from Suhrecipient of the current Lim, price of the uen of equipment in Department's sole detcrrnmation Subrecipient must request permission from the Department to trans7cr title o- dispose of equipmm purchased with ESG •,ran; funds Su.)reaplems and their cont-a, ors must comph with Sectior 6002 of tilt So,,d Waste Disposal ",Cl vhich requues procurm_ onh items desi�,nated m tic Environmental Protection Aulenc_% guidelmes that contaic th- itiehest percentage of recoVered matenais Su1preelplen15 muse aiso muunam a sates; actor% level of competition d the purchase pnce of the pert; exceed Slh'O(t nr inc aaiue of tite quanun acquired in fee precedim_ fiscal _gear cxceedeJ $1 U."O . 2 n aximizt- enerun and resource reco,len when procuring sol ri taaste management tie -ri: cs. and 3 establish an affirmative procurement program for recovered materials SECTION 1'. SUBCON 'rRv "hS ,,. Suirreapient ma', only ;ubcontraci or subaward t'ne prima! performance of this Contract io entices identified in its appiicaron as approved collaborative partners Subrectpient ma% onlc enter mtn contractual a<areemems for consulting and other professional services if Subrectpient has received Department's prior rsrtten appro,,�al Suhrcipient mac suhcontrac: for the deiive;t o' client assistance: without ohtainin- Departments prior approval Am subcontract of othc, a«regimen; for the d-�.rvc *c o' client assistance will he suhiea tc moniimimg 'm, ttie Deparimen, i. per Sectron __ of :i.s C onnac'_ B In no event shall am provision of this Section 17. specificallc the requirement that Subrecipmv otxain Departments prior written approval o' a subcontractor or suharantee. be construed as relieving Suhrecipient of the iespomibiim for ensuring that the performances rendered under all subcontracts and other agreements are rendered so as w cornpl\ with A of the terms of tins Contrac.. as if such performances rendered were rendered hV Subrectpient Departments approval tinder this. Section 17 does not constitute adoption_ ratification_ or acceptance of Suhrecipients. subcontractor's or subgrantee's performance hereunde- Department maintains tite r, ht to monitor and reouire Subrecipient's full compliance with the terms of this Contract Deparnneni's approval under this Section does nw waive am right of action which may exist or which maN suhsequent)\ accrue to Department under ties Contract Page 6 of 20 SECTION 18. ENVIRONNIF;N'PAL REVIEN Actit tries are subiect to em Ironmema) review under 24 U F.k Pan 58 The Suhrecipent shall supp) to [hc i)cparument all available. relevant information necessary to perform am cm�ironmema! retie.+ required for each propem as required by 24 CF R Part >8 The Subrecipient. suhgrantec or subcontractor may not commit or upend am ESG funds until an environmental rem tevv that meets the standards outlined in 24 CT R Part 58 has been reviewed and approved in writing by the Department SECTION 14, NRIT'I1 ::1 S''-ASDARDS 'suhrecipient must establtst and eonsistenth apply vmrinen standards within its program Subrecipient muss. pro,1Uc DNCA a copy of the wrncn standards prior to contract eaccuuon Required topics for written Sunda ds as listed on 4 1 R ;s76.40fi(C SECTION 211. A I II)I I A Subrectpient shall submit to Department, within (,) three months after the end of each fiscal year, an Audit C'eniticanon Form as specif)cd by Department for each fiscal year in which am month of the Suhrecipients fiscal .ear overlaps a month of the Contract Term Unless othertilise directed h,, Department Suhrecipier�t shall arran_e fnr the penformancc of at annual Financial and compliance audu of funds received and performances renderec tndt -r this Contract_ subiect to the follovstnu conditions and limitations (I= Subreciptent shall have an audit conducted in uccordmmce with --4 C! LIMB Ctrcuiar A- ,.� and ,l U S C 7i(fl for am of its fiscal years included within the Contract Term rt which Subrectpient has er;penses of more than $500,00( in state funds or $500,000 in federal financial assistance provided by a federal agencv in the form of grants, co- tracts. loans_ loan guarantees, propern. cooperative agreements, interest subsidies. insurance Ot direct appropriations. but does not include direct federal cash assistance to individuals The term federal financial assistmce includes awards of financial assistance received directh from federal agencies- or indirectly through other units of State and local govemment Subreciptent may utilize funds budgeted under this Contras; to pav for that portion of the cost of sucr a 'jdtt sclVwvs properly ahocabie to the, activities funded by Department under ±nts Contract The cost rat uuduing services for a Suhrcctpient expending less than 5500.000 in total Federal awards per risca; vear s not an allowable charee under Federal awards 31 Unless otherwtsc specitcaliv authorized by Department in wrung. Subrectpient shall submit one ill cope of the audit repon to the Departments Compliance and Assc; Oversight Dw -iston witl it thin.\ (,01 days after compieti m of the audit. but no later than nine M months aver flee end of eacr ,sea_ period included within the period of tuts Contract Audits performed under this Section 20 are subject to revteU and resolution of t`ndmes by the Departmen, or its authorized representative Subreciptent shall Sabin 17. sici -' audit report to tine i�edera! clearinghouse desienatec by OMB m accordance with OM CIFCUIai A -l_?. 4; At the option of S,rorecintent each audu require by this Se ion r may over Subrectpie[ri's enure opc,attons or each depanmen_ aoenci or estabhshmcn: of Stiprectpten ,vhich received expended_ of othcrvv ise aamir,istered deral funds R Subsection A o' th; Section 20 nomithstandmg_ Department reserves tine rtgn; to conduct an annua u,anoia: ant compliance audit of hinds received and performances rendered under t!;,s Contract Subrectpient agrees 1: permnt Department_ or ns authorized representative. to audit Suhreciptenfs records and tc obtain am documents materials o: mfxmanot necessan to facile ate such audr. Such financial and compliance audits may occur after the of the Contract Tcr , C Subrecipicm understands anv agrees that it shay he .ial)!u to Deparmieni to- am costs disallowed pursuant to iutancial WIG compliance audIt(S) of funds received under this Contract Subreciptent further understands and agree, that reumbursenem to Department of such disallowed costs shall be paid m Suhrcctpiern. fiorr. funds whic'r were not P, ovided or othenvtse made avanable to Subrecipient under this Contract D Subrectpient shall tale suc;, action to facilitate the performance of such audit or audits conducted pursuan'. to tins Section 2( as Department may require of Subreciptent E All approved ESG audit reports shall be made available for public nispecuon wrtnm thtm (10F days after completioe of audit Page 7 of 2(i P I lie Subrecipient shall Include language in any subcontract that proN ides the Department the ability to dircctl_, rev tie monitor. andior audit the operational and financial performance and-,or records w v, ork performed under this Contract (i Department reserves the right to conduct additional audits of the funds rccened and perfor n maces ren un dered der thI� Contract Subrecipient agrees to permit Department or its authorized represenrauve to audit Subrecipient's records and to obtain any documents. materials. or information necessary to facilitate such audit SECTION 21, MANAGEMENT OF EQUIPMENT AND INVEN 1-OR) 1 Suhreciplent shall comph 'Nith OMB Circular A-102. _'d C IF h ;a and iG 1 , C S oC) S 1C B Subrectprent mac not use funds provided under this Contract to purcinase personal properi equipment goons_ or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5.0!)(' o(i wt�css Suhrecipient has received the prior wTaten approval oi'Deparment for such pr,rcirase C upon the termination or non - renewal of this Contract. Department nw, transfer title to any such propem or cgwpntent having a useful life of one year or more or a unit acquisition cost (the nct invoice unit price of an item of equipnnentu of $5 -000 w or more to Itself of u, any other entity receiving Department funding SECTION 22, TRAVEL ')u'orectpient >hah ad'nere to OMB Circular A -87 and either its hoard- approved timer police. or the State of Texas travel policies Suhrecipient's written travel policy shall delineate the rates which Subrecipient shall use In computing tine *ravel ;md per diem expenses of�ts hoard members and empiovees SECTION 23. INSVRANCE: AND BONDING REQUIREMEN'T'S Subrecrpterr. shall maintain adequate personal irjun° and propern damage iiabilin insurance or ii Subrectpient is a unr. of local government_ shall maintain sufficient reserves to protect against the hazards arising out of or In connection ,vith the perfm orance ni. this Contract encouraged Subrecipient is e to obtain pollution occurrence insurance in addition to the general iiability insurance. Generally. regular liability insurance policies do not provide coverage for potential eifects of raano- health and safen measures, such as lead disturbances and other pollution occurrence Items- Subrecipient should I-,\ Ic�1 caistma poiicies to determine if lead contamination is covered If Suhrcapien[ syili enter intc a construction contract with a third parr ui the amount of SIOb.000 or treater. ,lubrecir))cni must caeculc with the contractor a pavmem and a performance bond in the full amount or the contract These honas ;rust be executed 'try L corporate surer` authorized to do business m Texas, a list of "'hicr. ma:r he obtained from tht State Insurance Department Such assurances of completion will run to the Departinen as obit_ee and mus: he documented pnor tr the stars of constructors SLCI'ION 24. LCpIGATION AND CLAIMS Subrecipient shat give Department immediate written notice of any claim or action filed with a court or administrative agency agains; Subrecipient and arising out of the performance of this Convact or am subcontract hereunder Subrccipteni shall furnish to Department copies of all pertinent papers received by Subrectpient cvrtn respect to such action or claim SECTION 25. TECHNICAL ASSISTANCE AND MONITORING Department may Issue tcciuucal ewdance to explain the rules and proviae directions o❑ terms of this Contract Department or its designee ma) conduce periodic on or off -site monitoring-, and evaluation- of the efficienc}, econom.N. and e ficac.N Ot Subrecipient's penarmance of this Contract Department will advise Subrecipient in wrinng of any deficiencies notec during such monitoring. Department will provide technical assistance to Subrecip)em and will require Or su<,gest changes 11 7 Subrectpient s program implementation or in Subrecipient's accounun,,. personnel. r,rocurement. and management Procedures in order to correct any deficiencies noted. Department may conduc� iolioN -up visits to revieti and assess the efforts Subrecipient has made to correct previoush noted deficiencies Deparment may place Subrecipient on t . -ost reimbursement method of paNment. suspend or terminate this Contract, o- invoke other remedies m the went monnormg o- other reliable sources reveal material deficiencies in Subrecipient's performance or if Subrectpient fails to correct am dcf iciencs ti ithin the time allowed by federal or state law or regulation or by the terms of thu Conrad paae 8 of, 20 SECTION 26. LEGAL AUTIIORJT1 a Subrecipient assures anti uuarantees that it possesses the legal authorin to enter into this Contract. to recent and manage the funds authorized by this Contract_ and to perform the services Subrecipient has obligated itself to perio,m hereunder The execution, deliver. and performance of this Contract wll not eioiate Subrecipienf constitutive documents or am requirement to which Subrecipient is subject and represents the legal, valid. and binding agreement of Subrecipient. enforceable to accordance with its tenns- B The person signing this Contract on behalf of Subrecipient hereby %warrants that hashe has been duiv authorized by Subrecipient's governing hoard to execute this Contract on behalf of Subrecipient ant to validh and legalls .rind Subrecipient to the terms_ provisions and performances herein Deparurient shall have the right w terminate this Contract it there it a dispute as to the legal authont\ of either Subrecipient or the person signing this Contract or; behalf of Subrecipient to enter into this Contract o: to *ender performances hereunder Subrecipient is liable to Department lot anv noney it has received from Department for performance of the provisions of this Contract_ if the Department lids terminated this Contract for reasons enumcruted i-t this Section 2ti SECTION 27, COMPLIANCE NVITH LAWS A FEDER.AL. STATE AND LOCAL LA Vd Subrecipient shall con pi with the iMcKinnev -Vento homelessness Assistance Act_ the fede -al rules and regulations promulgated undo: 24 C F R. Parts 58. 84 91, X76. 582 anc `]tic 10 of the Texas Admimstrauve Code and 311 federal. state. and local IaUs and regulations applicable Icy th` performance of this Contract DL116-FREE WORKPLACE. ACT OF 1G88 The Subrecipient aifirn5 signing this contract that it i, "plemcn_�ne the Drua -Free Workplace Act of 1988 141 OSC 701 et sect i C LIM FIT 1) ENGLISH PROFICIENCY (LEP)_ Suhrectpiems must proeidc program applications forms . wad educational materials in English. Spanish. and anv appropriate language- based OF the needs of the se -vice a ea anti m compliance wrth the rcgmremems in Executive Order 1316o of August li. 2000 reprinted at 65 FJ, SO121_ rusust 16. _000 hnprovmg Access to Services with Limited English Proficiencv (LEY) at 67 1: R- 41455 To ensure compliance. the Subrecipient mutt tzike reasonable steps to insure that persons with Lunned English Proficiency° have meaningful access to the program Meaningful access mac entail provide language assistance services_ including oral and written tmn- ,Iauon_ where necessan I) LLAD Lsad -based ram' rernecnauon and disclosure applies to all -SG - funded swelters and all housin iccupied m FSG participants The Lead -Based Paint Poisoning Prevention Act (42 L S C 4821- 4845). the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 D.S C 4851-485(,). and the reievant suhpart1 cf the implemenun: rcgulatons a: 24 C F R Par ;: Subparts A. B. IL I. K. M and R apph to aeuviucs under this grant program The Subrecipient must also compl% with the Lead. Renmation_ Repair. and Painting Program Final Rulc. 40 C.F.R Part - % -;. where apphcaDh, SECTION 28. PREVENTION OF WASTE. FRAUD. AND .1Bt`SE Subrecipient shall establish_ maintain. and utilize systems ane procedure. to prevent. detect and correct v:aste. i dud. and abuse it acuviues tiinded under this Contract The systems and procedures shall address possibic waste_ i,aud, and a'ouse by SLi hrecipient, its emplovecs. clients_ vendors, sub1,rantee. subcontractors and administenn <_ agencies Subrcctpient's tntemai controls systems and all transactions and other si am5cirn events are to he dear)_ documented_ and the documentation is to he rcaclih available for monitoring h\ Department B Subrecipient shall eivc Department complete access to al of its records. empiovees, and deems io: the purpose o! monitoring or investigating the ESG program Subrecipient shall immediatei_v notify Department o:` am discover\ of waste_ fraud_ or abuse. Subrecipient shall full\ cooperate with Department's efforts to detect_ invesngaic_ and prevent waste, fraud . and abuse C Subrecipient ma_v not discriminate against am emplovee o; other person who reports a violation of the term, of this Contract or of am !av` or regulation_ to Department or to ant appropriate 1e�1 enforcement authorin if the rcpor it: made in good faith Page 9 of 20 SECTION 29. CERTIFICAI'ION REGhRDING IrNDOCt�MENTED «ORKERS Pursuant t(' Chapter 2264 :)f the Texas Goverment Code. b� execution of this Contract. Subrecipient hereby ee7ufies that Subrecipien_. or a branch_ division. or department of Subrecipient does not and will not knos +ingls umpio} an undocumented worker. Mien "undocumented worker" means an individual who. at the time of employment not awlulls admitted for permanent residence to the United States or authorized under law to he employed in that manner m the United States 1L afier receiving a public subsidy. Subrecipient or a hranch. division. or department of Subreapien! is conned of a ylolati011 under S tIS -C Section 1334a (f). Suhrecipient shall repay the pub`.)c subsidy with interest a'. the :ate of five percent (5`50) per annum. not later than the 12-0th dac after the date file Department notifies Subrecipient of the iolation SECTION 30. CONFLICT OF INTEREST /NEPO'FISNI A Subrecipient shall maintain written standards of conduct igovermlls the performance of ;ts employee, enLaaed to the award and administratio_t of contracts. Failure to maintain %sritten standards of conduct and to R)Ilow and enforce the written standards is a condition of default under this Contract and may result m termination of the Contract or deOnligation Of fUnd,s B No employee, officer, cr agent of Subrecipient shall participate ni the selection, award, or administration of a contract supported by fe.dera'. funds if a real or apparent conflict of interest would he involved Such a conflict \+ould ansc when the employee_ officer. or agent any member of his or her immediate familc_ his or her partner, or an organization witch ernplovs or is about to employ am of the Parties indicated herein. has financial or other interest in t'ne rirm selected for ac award This also applies to the procurement of goods and seMiCes under 24 C h R Pa,7 8 s3 'llic officers. emplo%ees. and agents of the Subrecipient shall neither solicit nor accept g- atmties, favors, or anvtinng of nnone,ar\, value from contractors, or parries to subagreements Subrecinients may set standards for situations in ,vhich the financial interest is not substantial or the e:ift is an unsoiicac-d item of nominal value The standards OF -)nduct snail provide for d sciplman actions to be appl,ed for VK)latons of such standards bN o'�iccrs. entpin%ee _ or attcnt> ill the Suhrecipient 1) Subrecipient who arc local governmental entities shall, in addition to the requirements of this Section ',r. requirements of Chapter 171 of the Local Government Code regarding corilicts of interest of officers of municipaitnes. counter:. and ceriain other local governments The provision of anc tspe or amount of ESG assistance max not he conditioned tin an incividual s a cep ante o- occupant) of emereenc_v shelter or housm� owned hr the rccipicnt_ Inc Subrecipient or � i par-,nl or sunsidian o.` the Suhreciplen_ No Subrecipient mad. witr respect to Individuals or families occupvuig housin_� ownec b-� the Subrecipient. o; am Parent or subsidiar) of the Subrecipient, cam out the initial evaluation required under tf76 401 of tae Federal Regulations or administer homelessness prevention assistance under F576 10_ o" the Federal Regulations SECTION31. POLI'T'IC ',L-\CTIV'ITN PROHIBI'T'ED A hone of :he funds provided under this Contract shall be used for influencma the ouuome of am clecuon, or tilt passage o- defeat of an., : egislative measure This prohi'mtior shall riot he ::onscrued to preven. an officia': or employee of Subreapien from furnishing-, to an member of its gm °ernmL hoar jpon request c,r to am other 1- ,,ca', o' state official or employee X to any ciuz.en information in the hands of the CinNovec or official not considered under last to be confidential information .Am a:tion taken against an employee w )rficiai, for supph_ TIT suer infocnauor shall sub-rect the persoc tutiating the action to immediate dismissal from emp)ovmen' Is No funds provided under this Contract ma) he used directh or indirectly to hue cmplovecs or in am_ other wan fund or support candidates for the legislative. executive. or judicial branches of government of Subrecipient. the State of Texas, a the eovemment of the United States Page 1 (I o 20 SECTION 32. NON- DISCRINUNATION. FAIR EIOt SIN G. EQt A 1-. CCESS AND EOL AL ON'ORT1 INITN 1 A per>or; shall not be Excuded from participation in he demcd tile heneiit o, he suhiectcd to discrinunatior under_ or hr denied employment it the administration of or m connection with anv program or acti�rty funded m whole or in pan v.uh funds made available under this Contract_ on the -,rounds oI race. color_ religion. se,- national on_in, ace. disahilii,, polnical affiliauon or belief brecinicn a es to care out an Equal Employment Opportunity Program n; l_eepne sith the principles as pruvided ni Pres,dcnt s Executive Order 11246 of September 24. 1965 C Silb ec,men', must meet the accessi'bilit, standards under (�) Section 504 of the Rehahilitation Act of 157; l> U S C 7Q4 and its implement me regulations at 24 C F R Pan 8. (ii) the Fair Housing Act (42 C S 360i et seq) as mplemented b\ HUi) at 24 CF.R Ilan 100 -11li. 24 CF.R 02.250, 14 CI-R �91- 202 and 24 CT Tides 11 and 111 of the Americans with Disahili.ies Act (42 1JS_C ti 1 I -121 S9. 47 1_1SC- l 2U1. 218 ait,! as implemented by U S Department of Justice at 28 C.F R Pans 3� and 36_ and (iv,) the Equal Opportumh ui i Liusing i Fxccutive Order 1 1063 as amended b,r Nxecutivc Order 12259) and it implenicnting regulations it 24 CJ- R Ilan 1(17 I) Suhrecipients shall operate each program or activm recen uig I:SC; (inancal assistance so that be 1= oeram or actin n�. when viewed in its en irety. is readily accessihle and usable hr mdiv-iduals ,kith disabilities Sunrecipivl t, are alsc required io Drrn ide reasonable accommodations for persons'A th disabilities Suhrecip�em. s +ill include the subs anoc of Section ? in all Subcontracts SECTION 33. CERTIFiCAT]O.N REGARDING CERTAIN DISAS'CER RELIEF CONTRAC'T'S The Department mad- not award a Contract that includes proposed financial participation h% a pentnn who. dune' the vear period preceding the date of this Contract_ has been con ictcd of violatine a federal la,i in connection tir.h a contract ac,arded bs the federal goNernment for relief. mcovcrc_ or reconstruction efforts as a tesult of Hurricane Rita, Lis wimcd by Section ',459 of ,tie Texa_sl1nhties Code Iurrcane Katrra, or an other disaster occui-,ng afier Sep11emhc1, 24 200 _ or assessed a penalh_ ; li, federal_ civil or administrative enfo- cement action m connection With a contract a%%arded h% the fc:derai', °_oveninient for relief recover, or reconstruction efforts as a result of 1 1urricanc RlLa. as definec Section 35 454 of the Texas Utilit.es Code Hurricane Katrina. or an_, other disaster oLxurnng after September 34. 2005. 13} execuoo't Cl: thrs Contract. the Suhrecipient herehv verifies that it is chpt,ic io participate in EICG are acKnm6euies tnat this Contract may he terminated and pavment withheld if this cenificauon is Inaccurate SEC "f'ION 34. CERTIFICATJON REGARDING NI.MNTENANC'E OF EFFORT i unds provided io Suhrecirrnent under this Contract nim not he substituted for funds or resources fiom ant o'.hcr source or to am wa, serve to reduce tnr fiends or resources whioh woulc have been mailable to or provided througn SuhreLtpleni lead tins Contract never peen e).eeuted SECTION 35. DEBARRED AND SUSPENDED PARTI>S BN sosnm�° this Contract. Subrecipient certifies that neither it nor its current pnncrp;c parties arc included ir. thc i :\cludcC Parties List Svsiem (EPLSI maintained by the Geeeral Services .Administration (CSAI Suorccipient also certifies that it will not av,arc any funds prm ided by this Contract to any_ parr that is debarred_ suspended. or otherwise excluded from or ineligible for panrcipation m federal assistance programs unocr t.xecuuvc Order 12549 Subrccipient a(7ees that prior to cnierm, ❑no an a�'reement with a potential subcontractor procured h, Subrccipient or prior to a\wardine finds under this Contract to a potential suhstramv that the venitcaLwi- mocess to comply with inns requirement will be accomplished by checkmg the Excluded Par_ie List Svstem al hips.; �w v sam_am or b. colirctmr a certification ircim the potential subcontractor Pace 11 of 20 SECTION 36. SPECIAL CONDITIONS A DepUtmenl shall nr,; release am funds under this Contract anti Department has rccerved a aroperh cart 'cted Direct Deposit : %uthwization forty. from Subrecipien_ 3 sunieciptcnt sha;, ohiigate ;as such term is defined u; =4 C 1 1, s�762031 all funds provided under ontract within 120 das> as of the date in Suhrecipwrnt's award letter Dcpanment \aill recapture am funds not so obligated SubrecrpIcnt shall en llre that am building rchahilital funds provided under this Contras_ !< niairtauncu as a shelter fox the hornteles., for no: less than a three ', I -\ ai pcnod or for not Ies, than a tern ilI0) -vear penod � I uclt fends arz uses for maiitr rehabihtation or comcrsion of th bu IJmL the anpiicahle )enod SFal, be cakniated Ili accordance D is Suhrccnpient ,_ses funds racen�ed under this Contract to provide esscn.ial serN wes, homeless pr�n cnnoin of maintenance and operating costs- the activities must he _awned out until all of the funds made evailablc Under this Contract for such activities are expended or for the Contract Tenn- whichever is shorter- Subrecipient mac use 0111 or more sites or structures io carry_ out the activities but it must serie the same general population. The "same general population" means the t}pes of homeless persons onginalk served unth rite funds or persons in the ame gcogiaphicul area i- Stiorecipient seal make known that use of the facilities and scrviccs funded under this Contract are availahle tr, all tin o nond1scr1minaton basis Subrecipien also must adopt and implement procedures designed to make mailable 11. .mciesicd persons information concernin_` the existence and location of seniccs and facilities that urc axes Ahle to persons with a disahilln Subrecipien! shall admmlster. in good faith, a police designed to ensure that ie: homeless facility_ is iFe1 Pmm the illegal use - possession. or distribution of drugs or alcohol G For am I SG activities that would result in the displacement of persons o. businesses. Subrecipient must ioilow 1i11l rm !�eloeation Ass ,stance and Real Propene Acquisition Policies A i of 197C` (42 S C § 4201 anti its M,TlicmcntinL regulations at 49 CF -R -Par. 24, Subpart B. and IRliD Handbook 1 ;?& t1 Subrecipient shall. to the ma>;i IT) uIn eStCnt practI c ahIe- involve through emplovDient. cAUJIteer sen ices_ or othen�.ise homeless individuals al families in constructirng. renovation. mauuaining. and operatIn,a facihtic assi,icd under this Contra:,_ in providing see ices assisted under this Contract_ and tit �rovidir_ services for o:::upanis ta- iliticz as,sisv, d under this Contras Suhrcctpients utilizing ESG funds for renovation repair, rehahilitauor,_ or cor>1`ersIon of buildings are responsible fix compliance with -14 CF .R Pan 13�. referred to as "Section and shall include the clauses listed in :3 38 IT, suhcontracts covered b, Section 3 Homeless mch%idual< have pnorm over Section ; residents L Subreeipien! intends 10 provide emergencN sheiicl, for homuess persons m noteis n motels. of other commercial facilnes prov idms :;ansiern housme Su-)recipient must provide the Department v.ith : ccnificatior, tear r 1 i leases n egouaued be :wren Subrecipient and providers of such housing_, providc or v,, III prownde that the livinn space rr 11 he rented a: suhtitantialw less that the daily room rate otherwise chareec by the° facilim. and (2) use Subrecipient has considered other facihtics as emeraenc_\ shelter_ and has determined tilat use of tint- tac;inies p,Ovud s Chc moss cost- effcctn`e means of providing ennerc.,enn shelter in its scmice area R Sutil shat; develo- and implement procedures to ensure the comldentialm of records pertaming to arm individual arovided fam�o violence prevention w treatment sen�ices under am project assisted under this Contract_ and that the address or location of anc lam[h violence shelter project assisted 'a it - ex: ept with wrine aut'n onzatwr, W the person „- persons responsible for the operation of such shelter. no'. he made public i_ Subrecipient shall ensure that am building for which ES amounts are used for renm aeon. conversion or manor rehabilitation must meet io:al government safety and sanitation standards and shelter anc housing standards its outhned it ,576.40: of the PSG Re «uiations M None of the funds provides under this Contras: may he used in connection with anv dwelhrI unit Unless the unit is protected h% a hal or batten -- operated smoke detector installed to accordance with National Fire Protection Associatioc Standard 74 PaL)e 12 of ZO SECTION 37- NO N4 AWER \m tight or remedy ever- a Department h\ this Contract shall not preelcGe the existence of am othc: muw ter remca�. neither shall am action La:Ken in the exercise of am right or reinedv he deemed a waiver of arm other ri,_ir. or remedy Fh failure of Department w exercise any right or remedy on am occasion shall not constitute a waver of Department'- tight to eyeicise that or am other right Or remedy at a later time. SECTION 38. ORAL AND vYRITTEN AGREEMENTS A All ora: and ,\amnen aJCements beowen the parues to this Contmc l to the subletl matte, o`, th;s t ar.uuc_ have been reduced to writing and are contained in this Contract li The attachments enumerated and denominated below° arc n part of this, Comae: and cx,nsutute plow ls,c! wilormance, under this Contract 1 xhtbn A - Per Document Exhihn B - Budget Exhibit C - Match Requirements Document 4 Fxhihn D - Applicable Laws and Regulations Fxhihi'. I- - Certification: Re,ardinc Lobbying for Contracts. Grants_ Loan, and Cooperative A fzreemems SECHON 39. SEV'ER4BILITN If an) section or provision _tf this Contract is held to he invalid or unenforeenble w court or an of competent iurisdmion. the remainder shall remain valid and binding SECTION 40, COPYRIGHT Subrecip)ent mas cop-right materia;s developed in the performance of this Contract or wan funds expended under thus Contract )- pwtmen'. and lND shall each 'nave a rocaln- -free. nonexclusive. and irrevocable ngn', to reproduce_ publish. or otherwise use_ and to authorize others to use, the copyrighted work for govcrmncm nuTposes SECTION 41. USE OF ALCOHOLIC BEV ER-AGES funds proN ided under this Contract ma% not be used for the pavmen' of Salaries to any Suit recipients cmplopees wilo use alcoholic 'neverages muie or active Gun'- for t -avel expenses expended for alcoholic beverages- or for the purchase of alcoholic hevcra<-,es SEC'FION 42. FAITH BASED AND SECTARL4N ACTIV ITN Funds provided under this Contract may not he used for sectarian, or inherenti, religious actn mes such t._ worsnip. religious utstrucuon or proseivtization. and must oc for the henefit of persons reaardiess of reli -IOC, affi' ration Subreciprent ,hall comp'v with the reguiatiom promulgated at =4 C F R �i76 40th SECTION 43. FORCE \1AdL RE If the obiica!ions are deia,Cd b,\ the fol)owin_,, - an egmtahle adjusunere will hr made ibr dcla\ or fal'wre a tie urm hereunder A Am of the following events w catastrophic weather conditions or other extraordmary elements of nature or arts of Go,L lii, act o` war (declared or undeclared). (Ili) acts of terrorism_ insurrection. rtos_ cn -i1 disorders. rebellion ol sabotage. and Ifs; quarantines_ embargoes and othe7 similar unnsuy actions of federal_ provincial. loca o- foreign Go, eminentai Authorities: anc B T'hc non - performing ham IS without fault in causing or failing, to prevem the occurrence of such evcwt ant suc'r� occurrence could not have been circumvented by reasonable precautions and could not have 'been prevented or circumvented tnroueh the use of commercial),\ reasonable alternative sources. workarounc, plans or other means SECTION 44, TIME IS OF THE ESSENCE 'Iime !s of Jhe essence vvrtr. respect to Subrecipients compliance with all covenants. agreements. terms and conditions of this Contras. Paac 13 of' 20 SEC'f10N 45. COUNTERPARTS AND FACSIMILE SIGNATt'RES 1-his Contract may he execute in one or more counterparts each of which small he deemed an original but ail of which together shall constitute one and the same instrument Stened signature rages may he transmitted m facsimile o- oti-c electronic transmission_ and anv such signature shall have the same le,—,al effect a-, an on21nal SECTION 46. NUNIBER. GENDER Inless the context requires othenatse_ the wards of the masculine gentle. shall Include the feminine. and sinfular words ,Ball include the plural SEC1'10,147. NOTICE y If notice is provided concerning this Contract_ notice may he riven at the iollowing (herein referred to °Notice Address" i Al, to Department F N AS DEPARTMEN1 OF HOUSING AND COMMUNITY AFFAIRS P O- Box 13941 Austin. Texas 7871 I -394 1 Attention Michael De Young Ieiephone 47 = - =12- Fax i�12)475 -3y=; rnichael dcvouneta td'nca sate a us As to Subrecipient: CnN of Beaumont 110 Box ;827 I3l Ai MON'T. TX 77704 Aucmion Kvle I laves_ Cih Manager Telephone (409188()-' 716 Fax: (409) 880 - I I' Email: khaves�i�ci.beaumont.tx.us 1� .AI notices o other communications hereunder shall he deemed given :-hen deiwercd. mailed n,,, o%- emieht scr%ice. or fi days after mailing b_, certified or registerec mai! postate p=upate. rctum receipt rcquestec, a d a T ssc .. 1i1c appiopn Ell c Notice Address as defined tr the above SubSeCLtor, .A of 111, IS Sccuot; a., SECTION 48. VENI E AND WRISDICTION "Phis Contrac� is delivered and intended to be performed in the State of Texas For purposes of iingatton pursuant to this ( ontract vcnuc shall he in Travis Counn. Texas EN60CTED to be effect e on October 01, 2013 Cite ofBeaumont a political subdivision of the State ofTexas By iivle I laves 1 itle Cih Manager Date: December i. 2013 4:13 pm TEXAS DEPARTMENT OF HOUSING AND COMMTrNIT) .AFFAIRS.. a public and official agem•} of the State of "Texas Title: Its duh authorized officer or representative Date. Paee 14 o1'20 TEXAS DEPARTMENT OF HOCSLNG AND COMMUNITF .AFFAIRS CONTRACT NO 42130001767 FOR THE FY 2013 EMLRGENCY SOLUTIONS GRANTS (ESG) PkOGRAt,I CFDA NO 1" 231 EXI OBIT A PERFORMANCE DOCUME'' I- Cite of Beaumont a political subdivision of the State of Texas Performance Statement October 1. 2013 -September 30. 2'014 FINANCIAL EXPENDITURE REQ1 IREI1ENTS: ro assure the umeh and appropriate use of ESG hinds, the Department has established the Billowing expendiwrc benchmarks ITC Department trill rerietr Suhrecipiem performance in expending program funds on a quanerh basis hrecipient ii ad,tsed Jtat failure to expend funds to a dn;eh fashion mas' affect furore fnndIDg opportunitres Subrecimens must iollove the oliowin: expenditure schedule Contract 10% expended as prodded in the Budget by the end ofthe first quarter- Dccumber 31. 201 Contrac. 40's expended as proN wed in the Budget by the end of the second quarter -March , l _ 2U 1- Contrac 715' , expended as prov idid n; the Budget by the end of the Hurd quaver -?unc 3(. 2:i' 4. Contract 100` x. c ):,ended s provide" in the Budget be the end of the Co LMCI I crm f founl- quaver t- September >0. 3014 PR0GRA!V1'v1ATIC PF,RFORNIANCE REQUIREMENTS: To aSSare tFie time and appropratc use of ESG funds. the Department has included the foliowing Performance schedule as pan of the Contract Subrectpcm'. will establish targets for program activities and will report those targets w the Depa:unent era the Target; Spreadsheet ],omi supplement to his Contract which will he "mailed separatelc to the Subrecmient Subreciptern wi?l report aerfb ranee on a morn,) basis to the Department through the Commumt} ,ffairs Contract Svslem_ and ':he Department �vilj rep teti Subrecipien�. perlbnnance m meeting program tarf_ets on a quarterk basis Suhreaptent s aa�tsed that laiiure to pros td nrogra n services in accordance gait the tages established by the Subrectpicnt may affect fUtLtre funding opportunities Subreciptem mist fidloM the iollowmg performance schedule No less than of air targets, as cstahlisited oN the Suhrecipient met hN the end of the first quaver -D :ember 1 . 3!113 No less than of all targets_ as established h\ the Suhrecipient met by the end of the second quaver -March 1. t. 2014 No Icss than of all targets. as established b, the Suhrecipient met hs the end of the third quaver -!une 30. 4 100` o o`ali r. �et�. as establishec h% he suorecipiew met hN the god of t7e Contrac; Tenr fiiurtn qua t September 30. 3014 Page 1 � of 20 TEXAS DEPARTMEN'l OF HOUSING AND COMMI-NITI .AFFAIRS CONTRACT NO 42130001767 FOR THE F�' 301 3 EMERGENCY SOI- L'TIONS GRANTS (ESG i i'ROGRA ",1 C17DA NO 14 _31 I-XHIBTI B B U DG L"T CitN of Beaumont a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS Budget Category Category Totals Street Outreach S 31,6(1(1.00 Shelter S 33,760.00 Operations S -,,i.-/b0.00 11ome less ness Prevention S 65.918.(10 Housing Relocation and Stabilization Services -HP Financi& `, 1.200.00 Housinu Re ocanon and Stabilization Serviccs-HP ices S 11 I S.00 I enant-hased rental assistance -HP S x1300.00 Rapid Re- Housing S 65,472,00 Housing Relocation and Stabiiizati( n Services -RRRH Financiai o 240.(1(1 Housing Relocation and Stabilization Services -RRI I Services S o.460.00 Tenarit -based rental a;sisiancc -RRr, Homeless Management Information System JIMIS) S 9.500.00 Administrative Costs S 9,243.00 TOTAL S 215.493.00 Additional iunds maN hr obhLLted via AmendmeriLsl Funds ma, only he ohhptec and cxpendec durinl� the cu ent anrac Tenr: Unexpended hind baiance� ,rill he recaptured FOOTNOTES TO BUDGET FOR - AA':XIL.ABLE ALLOCATIONS_ Sr(nrecipjent must request m tMtjn_ am adjustment needed to a hudpei catepon helbre TDNC,% %till make am adjustments to the hudget categories Onh those written requests) from the Subrecipients received at least 60 days prior to the end of the Contract Term will he reviewed. TDIICA may decline to review written requests received during the final 60 days of the Contract "Term. Maximum for admutistration based or. 3.75` -6 of the total allowable expenditures for tramim_ Subrecipient may apph AdminisudtW funds to pad for travel costs incurred to attend *he September " -I(. 301 c3SG 1'ro<*rair; Vrorkshor held to Austin. Texas Pape I6 of'20 fvoe (Source of Match) OtherNOn -ESG Ht'D Funds Other Federal Funds State Government Local Government Private Funds Other Fees Pro -ram ,Income ,N1ATCH T0'f:At TEXAS DEPARTMEN1 OF HOI SING AND CONINit \11"i AFF.�IRS CONTRACT NO 42130001767 FOR THE Fl 2i }; ; EMERG }:NCI' SO]-t -TIONS GRANTS (ESG 1 PROGRAM CFDA NO 14 231 EX111I31T C MA "FCH RLQUIRF.MF:NTS DOCUMENT City of Beaumont a political subdivision of the State of Texas Paoe I" 0''0 Dollar Value 5 14,783.00 S 0.00 S 68.510.00 S 24.01111.00 S 31.728.00 S 76,=472.00 S 0.00 S 0.00 S 215,493.00 Subreciptcnt Shall match ncir a,aard amount with an equal or greater amount o,' reSnarCes from other than L«i JIUIJJo n. occurdance �cnh the fodowing requirements. Eh-ibie Sources of Match: o am source tnciudmL any 1-ederal source (except for LSG ) o anv state local. and private sources if using Federal sources, the following rules apph to ?•latch Funds: o the laws govcrTmIL an, source to he used as match must not prohibit those funds Iron) being used as match_ C) 1 ESC f unds arc to he used a� match for another federal program, then that Propam may not be used as mach for ),SG, Recognition of Dlatchin« Contributions: o Match funds must meet all the requiremans that apph to LSG funds (c\ccat expenditure (units) o Matdun- :ornrintmons must ac p oeided from Juh I?_ ?(11 ; throt:gh ;(i. ?014 C) Cash contribution., mast he expended wnhtn the expenditure deadline Bunn_ the Contract'herm o Non -cash contrihut)ons must he made within the expenditure deadline (above) o Contrihuuons used to match c previous LSG grant may not be used to m:nch Ji scbsequer)t ��rant o Contrioutions used to match another federal grant maN not he used to match 1 .SG Higible Tomes of Matchino Contributions: 1. Cash Contributions -Cash expended for allowable costs as defined in OlvIB Circulars A47, ( C 1 R Pan _ -fJ aid A - I?? Ct R. Pan 23U of the Suhrecipent Sources of cash eonlribuuaa;s max mcjude prig ute donations. or grants. G. nj foundations_ nonprofits. or wca't. state and federal funds ?Son -Cash contributions- Non -cash contributions are the value of amp real pn,pern equipment woods, or sen ices con moved to t'ne Suureciptem's ESG program. provided that the} would be allowahle ]I'll),! Suhrecipient had to px, f2,r them Costs paid ,v program income dcrin the gram. period are to he considered as match prov'Jed they arc eliLihle costs 1h,111 >up-)iMent the FSG program PaL,e IS of'20 TEXAS DEPART IEN'L OFIiOL1SLNG AND CONINIL-NI f1 AFFAIRS - N "1R,4CT N'0 42130001767 FOR TM FY ?0! 3 EMERGENCY SOLUTIONS GRANTS iESG P; COGRANI CFDA NO 14 _;1 EXHIBIT F CERTIFICATION REGARDING LOBBYING FOR C'otTRACTS. GRANTS, LOANS, AND COOPERATIVK AGREENIF.N'I'S Cite of Beaumont a political subdivision of the State of "Texas ]'he understened cenifies. to the best of its knowiedlse and belief. that No federal appropriated funds have been paid of will he paid_ by or on behalf of the undersigned. to any prison tar intluencing or attempting to influence an officer or employee of in agencc_ a member of congress, an officer or employee of congress. or an einplovee of a member of congress in connectict with the awarding of am' federal concoct, the making of am federal mutt, the making of anv federal loan. the enterina into of am cooperative afureement or noodifica.um of anv federal .ont -ac'. _rant. loan, nr Cooperative aareemen'- I am Binds other than federal appropriated funds have been paid or v,i" h' paid to am person lot mllucnc =ns or anemoune to ini uence an officer or cmpiovee of am agency_ a member of congress Lill offiacr or eml lovee of congress an cmplovee of u member of congress in connection With this federal ecmtract. t_'ranL loan_ of cooperative agreement the ulidersi_ned shall complete and suhmrt standard farm -I-LL. "Disclosure Form to Report Lohbvtng "_ in accordance %airs its ins;rucuons The understened shall reoutre that the language of 'U'nts cerrttficauon he included it-. the award documents flu all sub- Llwards at all hers (fnciudulo subcontracts_ sub - grants and contracts under grants_ loans, and cooperative agreementsl and that all sub- -ecip,ents shall cernft and disclose according)-,. Tht: ,.ert.;7catior is tnate-ial reoresemation of {act on wlich rehance was placed when this transaction v.as inane :,- entered into Submission tf this (e:Ftmcation is a prerequisite for rnai:tng or entering into this transaction rmposec ba Section 'line S Code_ Am person v'ho faits to _-de the required cenr,"icanon shall ae suhlect io a ml: per,ahN of not less than 5 1 u ,r, and no: more than Sl 0G.00(' for each suat failure CitF of Beaumont a political subdivision of the State or "Texas Bc hvle Slaves Tine: C'in Manager Date- December �,. 2013 4:13 pm Pace 20 of 20 TEXAS DEPARTMENT OF HOUSING AND COiNIM UNIT Y AFFAIRS AMENDMENT NO. "I TO CONTRACT NUMBER 42130001767 FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM (CFDA NO. 14.231) 1-his Amendment No. 1 to Emergency Solutions Grants Program Contract Number 42130001767 by and between the The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Department"), and City of Beaumont, a political subdivision of the State of Texas ( "Subrecipient "), hereinafter collectively referred to as "Parties ". is executed on the respective dates indicated to ratify, confirm and acknowledge the execution date of this Amendmen'. to be June 01, 2014. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that Emergency Solutions Grants Program Contract Number 42130001767 to be effective on June 01, 2014 ( "Contract "), and WHEREAS. the Parties desire to amend the Contract in the manner provided herein belok> AGREEMENTS NOA;V THEREFORE. for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows SECTION 1. Exhibit B. Budget. of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit B. SECTION 2, Exhibit C. Match Requirements Document, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit C. SECTION 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract void b� law. SECTION 4, Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. '!'his Amendment ma} be executed in several counterparts, each of which shall be deemed to be an original copy_ and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. SECTION C,, tf any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party, intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 7. Be signing this Amendment the Parties expressly understand and agree that its terms shall become a pan of the Contract as i'' it v. erc set forth word for word therein_ SECTION s. phis Amendment shall be binding upon the Parties hereto and their respective successors and assigns. Pa -e 1 of 5 SE('TION' t). This Amendment shall be effective and memorializes an effective date of,Iune 01, 2014. WITNESS OUR HAND EFFECTIVE: June 01, 2014 SUBRECIPIENT: City of Beaumont a political subdivision of the State of Texas I3v: Title: Dutc DEPARTMENT: TI:X,AS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas Bv. Title Its duh, authorized officer or representative Date - Paae2ofS TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. I TO CONTRACT NUM13FR42130001767 FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM !CFDA NO. 14.231) EXHIBIT B BUDGET City of Beaumont a political subdivision of the State of Tezas Contract Tenn. 10101/2013-09/30/2014 DEPARTMENT' FINANCIAI, OBLIGATIONS Budget Category Category Totals Street Outreach S 14,700.00 Shelter $ 33,760.00 Operations S 22,734.00 Major Rehab $ 11.026.00 Homelessness Prevention S97,792,17 I ousing Relocation and Stabilization Services -HP Financial S 3.052.17 Housing Relocation and Stabilization Services -HP Services S 12,518.00 Tenant -based rental assistance -HP S 8'1222.00 Rapid Re- dousing S50,497.83 Iiousiuc Relocation and Stabilization Services -RRH Financial S 61862.83 Nousin <a, Relocation and Stabilization Sevices-RRH Services S 6,460.00 Tenant -based rental assistance -RRII S 3i,1 75.00 Homeless Mana,l-ement Information System (HMIS) S 9,500.00 Administrative Costs S 9,243.00 TOTAL S 215,:193.00 Additional funds may he obligated via Amendment(s)- Funds may only be obligated and expended during the current Contact Term. Unexpended fund balances ,`ill he rccapturcd FOOTNOTES TO BUDGET FOR -AVAILABLE ABLE ALLOCATIONS_ Subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories. Only those written request(s) from the Subrecipients received at least 60 daps prior to the end of the Contract Term will be reviewed. TDHCA may decline to review written requests received during the final 60 daps of the Contract Term. Maximum for admuiistrttion based on 3.75-"6 of the total allowable expenditures excluding travel for training Subrecipient may appit, Ui inistianun funds to pay for travel costs incurred to attend the September 17 -1 S, 20]3 iSG Pr.,cram Work,,hop held in Austin. Texas Page ; of 5 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 42130001767 FY-20 13 EMERGENCE' SOLUTIONS GRANTS (ESG) PROGRAM (CI�DA NQ 14. ^_31) Exi IIB1T C MATCH REQUIREMENTS DOCUMENT City of Beaumont a political subdivision of the State of Texas Contract Term 10/01/2013 - 09/30/2014 Tune (Source of Match) Dollar Value Other Non -ESG 1111) Funds S 14,783.00 Other Federal Funds S0.00 State Government S 68,510.00 Local Government S 0.00 Private Funds S 82,797.00 Other S49,403.00 bees S 0.00 Program Income S 0.00 MATCH `IOTA L S 215,493.00 Page 4 of Subrecipient shall match their a.sard amount with an equal or greater amount of resources from other than ESG funds in accordance with the following, requirements. Eligible Sources of Match• o an% source including, any Federal source (except for ESG) o am state, local, and private sourc s If using Federal sources, the following rules apply to Dlatch Funds: o the laws governing any source to be used as match must not prohibit those funds from being used as match, o if ESG funds are to be used as match for another federal program, then that program mav not be used as match for ESG. Recognition of Nlatchimu Contributions: o Match funds must meet all the requirements that apply to ESG funds (except expenditure limits) o Maichine contributions must be provided from July 17, 2013 through September 30, 2014 o Cash contributions must be expended within the expenditure deadline during the Contract Tern-, o lion -cash contributions must be made within the expenditure deadline (above) o Contributions used to match a prr:vious ESG grant may not be used to match a subsequent grant o Contrbutions used to match another federal grant may not be used to match ESG Eligible Tvncs of Matching Contributions: 1_ Cash Contributions -Cash expended for allowable costs as defined in OMB Circular A -122 (2 C.F.R. Part 2301. Sources of cash contributions may include private donations, or grants, from foundations, nonprofits, or local, state and federal funds_ 2. Non -Cash contributions -'ion -cash contributions are the value of any real property equipment, goods, or services contributed to the Subrecipient's ESG program prop ided that they would be allowable if the Subrecipient bad to pav for them_ Costs paid b}- program income Burin ;i the grant period are to be considered as match provided they are eligible costs that supplement the ESG program. Paae of RESOLUTION NO. WHEREAS, on November 19, 2013, City Council approved Resolution No. 13 -265 approving the original and amended Texas Department of Housing and Community Affairs (TDHCA) budgets and authorizing the City Manager to enter into a contract with the Texas Department of Housing and Community Affairs (TDHCA), Some Other Place, Family Services of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention services; and, WHEREAS, on August 19, 2014 City Council approved Resolution No. 14 -177 approving an amendment to the contract with Texas Department of Housing and Community Affairs (TDHCA) to amend the FY 2013 Emergency Solutions Grant (ESG) funds budget by modifying the line item categories in order to better align them with the needs of the local homeless services providers; and, WHEREAS, Amendment No. 2 to the contract with Texas Department of Housing and Community Affairs (TDHCA) is required to extend the contract expiration date to December 31, 2014 in order to expend the remaining grant funds; 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 execute Amendment No. 2 to the contract between the City of Beaumont and Texas Department of Housing and Community Affairs (TDHCA) to extend the contract expiration date to December 31, 2014 in order to expend the remaining grant funds. The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - TEXAS DEPARTNIENT OF HOUSING AND CON1NIUNITl AFFAIRS AMENDMENT NUMBER 2T0 CONTRACT NUMBER 42130001767 FY 2013 EMERGENC" SOLUTIONS GRANT'S (ESG) PROGRAM CFDA NO 14.231 This Amendment Number 2 to Emergency Solutions Grants Program Contract Number 42130001767 by and between the Texas Department of Housing and Community Affairs ( "Depart ment "), a public and official agency of the State of Texas, and City of Beaumont ( "Subrecipient "), a political subdivision of the State of Texas, hereinafter collectively referred to as "Parties ". is executed to be October I. 2014. RECITALS 1y HEREAS, the Department and Subrecipient, respectively, executed that Emergency Solutions Grants Program Contract N Lim her 42130001767 to he effective on October 1, 2013 ( "Contract "), and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE. for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows SECTION 1. Section'__ Contract Tenn, of this Contract is hereby amended and replaced in its entirety to read as follmvs. "Section 2. Contract Term. This Contract shall commence on October 01, 2013, and, unless earlier terminated, shall end on December 31, 2011 (herein the "Contract Term ") SECTION 2. Exhibit A_ Performance Document. of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A SECTION 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terns of this Amendment. In the event this Amendment and the terns of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract %oid he law SECTION 4. each capitalized tern not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. ["his Amendment may be executed in several counterparts, each of which shall be deemed to he an original copy, and all of which together shall constitute one agreement binding on Parties. notwithstanding that all the Parties shall not have signed the same counterpart. SECTION 6. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing parry intends the copy of its authorized signature printed b} the receiving machine or the electronic transmission to be its original signature. SECTION 7. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of' the Contract as if it vrere set forth word for word therein. SECTION S. I['his Amendment shall be binding upon the Parties hereto and their respective successors and assigns. Page I of 3 EXHIBIT "A" SECTION 9. This Amendment shall he effective and memorializes an effective date of October 1, 2014 9GRI -:FD TO AND EFFECTIVE BY October 01, 2014 SUBRECIPIENT: Citv of Beaumont n polincal subdivision of the State of Tcxas B. Citle: )ate: DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas 13v Title: Its dule authorized offi,_er or representative :)ate' Page 2 of 3 TEXAS DEPARTMENT OF HOUSING AND CONIMUNITY AFFAIRS AMENDMENT NUMBER 2 TO CONTRACT NUMBER 42130001767 FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM CFDA NO 14.231. EXHIBIT A PERFORMANCE DOCUMENT City of Ileaumont a political subdivision ofthe State ofTexas Performance Statement October I, 2013- December 31. 2014 FINANCIAL EXPENDITURE REQUIREMENTS: To assure the timely anc appropriate use of ESG funds, the Department has established the following expenditure benchmarks. The Department will review Subrecipient performance in expending program funds on a quarterly basis Subrecipient is advised that failure to expend funds in a timely fashion may affect future funding opportunities. Subrecipients must follow the following expenditure schedule: Contract 10 °io expended as provided in the Budget by the end of the first quarter - December 31. 2013, Contract 40 10 expended as provided in the Budget by the end of the second quarter -March 31, 2014. Contract 75% expended as prcvided in the Budget by the end of the third quarter -June 30, 2014 Contract 100°% expended as provided in the Budget by the end ofthe Contract Term - December 31, 2014_ PROGRAMMATIC PERFORMANCE REQUIREMENTS: fo assure the timely and appropriate use of ESG funds, the Department has included the following performance schedule as part of the Contract Subrecipient will establish targets for program activities and will report those targets to the Department via the Targets Spreadsheet Form supplement to this Contract which will be emailed separateh to the Suhrecipient Subrecipient will report performance on a monthly basis to the Department through the Community Affairs Contract System. and the Department will review Subrecipient performance in meeting program targets on a quarterly basis. Subrecipient is advised that failure to provide program services in accordance with the targets established b_v the Suhrecipient may affect future funding opportunities. Subrecipient most foflo�c the following performance schedule. No less than ;`) of all targets. as established by the Subrecipient met by the end ofthe first quarter- December 31, 2013 No less than 3S9 -o of all targets, as established by the Subrecipient met by the end ofthe second quarter -March 31, 2014 No Icss than 75% of all targets, as established by the Subrecipient met ba the end ofthe third quarter -June 30.2014_ 100 "� of all targets, as established by the Subrecipient met by the end ofthe Contract Tenn - December 31, 2014 Page 3 of 3 [C Ind►'' TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hand J. Tohme, P.E., Director of City Utilities MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Allco, LLC, related to the Grit Pump Replacement — Wastewater Treatment Plant Project. BACKGROUND The City Council approved a contract with Allco, LLC, on August 16, 2011, in the amount of $1,111,359.00. The contract will furnish all labor, materials, and equipment to remove and replace the existing belt press pumps at the Wastewater Treatment Plant at 4900 Lafin Road. The proposed change order will increase the contract amount by $40,514.00 to furnish the labor, equipment, and materials to lower the 45- degree angle portion of the belt press conveyor to 15- degrees and install a new conveyor belt. The sludge pumps for the belt press and clarifiers have been in operation for more than 20 years. Sludge is generated from the sanitary sewer collection system and the solids from biological treatment. The sludge regularly varies in composition and thus requires pumps that can maintain continual operation. These deteriorated pumps are in need of replacement and the improvements to the sludge transportation system will greatly improve the efficiency of wastewater treatment. Previous actions include: Resolution 11 -229 in the amount of $1,111,359.00 was approved by the City Council on August 16, 2011. Resolution 13 -162 in the amount of - $25,355.75 was approved by the City Council on August 6, 2013. Resolution 14 -053 in the amount of $48,309.96 was approved by the City Council on March 4, 2014. s � Page 2 of 2 Resolution 14 -076 in the amount of $168,098.00 was approved by the City Council on April 8, 2014. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPROVAL OF CON I RACI CHANG I CHANGE ORDER No Four (4) Date. lo 11;?01 t PROM 1': City of Beaumont, Texas Wastewater Treatment Plant Improvements - Sludge Pump Replacement and Miscellaneous Improvements OWNER: City of Beaumont, 1 exas 801 Main Street Beaumont, I exas 7770 -1 CO NTRACTOR: Allco PO Box 35 81 Beaumont. Texas 77704 TO THE OWNER: Approval of the following contract change is requested Reason for Changes Rehabilitate the existing influent bar screen conveyor belt mechanism ORIGINAL. CONTRACT AMOUNT: S L I 1 1.359 00 CHANGE ORDER NO. 1 $ 125355 '5, CHANGE ORDER NO. 2 S 18,3 09 96 CHANGE ORDER NO. 3 c 108_g98 00 THIS CHANG E ORDER Description Net Chance Rehabilitate the existing influent bar screen corNeyor belt mechanism 5 111,514 00 TOTAL A,ti1O1 NT OF THIS CHANGE ORDER S 10,514.00 FOTAI, REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 1,342,925,21 CONTRACT I I N I E Original Contract I tine 240 Calendar llav, Previous Change Orders 255 Calendar Dav, Additional Diane requested for This Change Order 5 Calendar Dav, Revised Contract Fiine per this Change Order. 500 Calendar Dav, CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price mid contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the nine required to perform the entire work under the Contract ansing directly or indirectly from this Change Order and all previouS Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutttalh agreed upon adjustment to the Contract, and that Contractor will wane all rights to file a claim on this Change Order after it is properly executed." Recommended by Approved by Accepted by: Schaumburg & Polk. [tic. City of Beaumont Mico, Ltd_ Engineer Owner Contractor Date_ Date- Date a om P DESIGN BUILD CONSTRUCTION MANAGEMENT GENERAL CONTRACTOR P. O. Box 3684, Beaumont, Texas 77704 Phone: 409 -860 -4459 Fax: 409- 860 -3857 Email: allco@allco.com October 08, 2014 City of Beaumont P. 0. Box 3827 Beaumont, Texas 77704 Attn. Dr, Hani `I'ohme, P.E. Re: City of Beaumont Wastewater Treatment Plant Replace Conveyer Belt Dear Dr. Tolime: 789 We. propose to furnish labor, equipment and material to lower the 45 degree angle portion of the conveyor to 15 degrees and install a new conveyor belt. Our estimated cline For this project is 5 days. Surz�.ary of Work. 1. Remove the 45degree angle brackets and install 15 degree angle brackets. 2. Readjusted the motor head and plum it up after lowering the fraine work of the 45 degree conveyor. ?. Install a new conveyor belt. 4. Startup the conveyer and adjust and put in operation. FOR THE SUM OF $40,514.00 We 'hope this will mect with your approval as we are looking forward to complete this work for Y() U. Very tnily yours, LLCO Billy Patterson Attachments ALLCO, INC. $lCY�TEiN: 1 400. .': CITY OF BEAUMONT WW P PROFk #, D 2400 10/8/2014 BELT CONVEYOR REHAB MI.. ATOR `'. BILLY PATTERSON F,tLE '' OJan i1118E : 08.38 AM 17EM" QUAW. 0 €ABUR MAiE#t1EtL:: JIP.MENT SUBar[3NTF3/1C f ,UNIT 'RATE TOTgL::, :, UNI•T " T07AL UN17 T£}TAL . UNFT. QTAL .; I.OWFR THE DISCHARGE CONVEYER FROq 1 0 X 0 0 0 0 A 45 DEGRLL ANGF TO A 15 DEGREE ANGLE 0 0 0 0 AND INSTAL[ A NEW BELT 0 0 0 0 NEW ANGLE BRACKETS FOR CONVEYOR 0 0 0 0 LOWER THE CONVEYOR BELT FRAME 0 0 h 0 0 0 0 c 0 3 MAN CREW 400 MH 6000 2400 0 0 0i 0 a 0 WELDER 40.0 MH 40.00 1600 0 0 0 0 0 0 0 MISC METERIAL TO LOWER FRAME 1.0 LS 0 0 50000 500 0 0 0 0 NEW ANGLE BRACKETS FOR CONVEYOR 2.0 EA 0 0 3968.00 7936 0 0 0 0 NEW CONVEYOR BELT 1.0 EA cli 0 1202200 12022 ELECTRICA 0 0 75 Du me vvn T,4uu U SA fAX 111 SA TAX 0 5,400 20,533 2.446 5,500 fAX & INS 1,350 6,750 UNIT PRICE .'" __ _.._� 35,229 MARKUP 5,284 40,514 UNIT PRICE 35.229 37 (( L� 1 0 LS 0 0 0 2500 0i 0 a SUPERVISION 40.0 MH 40.00 1600 0 0 0 0 0 CHERR PICKER 1 0 WK 0 0 1585.00 1585 0 0 0 PICKUP TRUCK & SMALL TOOLS 1 0 WK 0 0 750.00 750 0 0 0 FUEL FOR PICKER 20 0 (!Al .q cli z -1- 1 Du me vvn T,4uu U SA fAX 111 SA TAX 0 5,400 20,533 2.446 5,500 fAX & INS 1,350 6,750 UNIT PRICE .'" __ _.._� 35,229 MARKUP 5,284 40,514 UNIT PRICE 35.229 37 (( L� w -p BRANCE- KRACHY COJNC. 195 S. 4TII STREET BEAUMONF, TEXAS 77701 PH. (409) 838 -1641 FAX (409) 838 -3623 QUOTA TION *LAME Kerb Stantz QUO IWHON a Belt_ ADDRESS Water Rec D.A "I1 2 /l /2013 (ATY Beaumont Rfa'_ S A FE Texas ZIP 77705 SI Ill' VIA TBD F.O.13_ Dallas Tx ATTN: Kerry DELIVERY 3 Weeks TERMS QTY DESCRIPTION UNIT NET I Scraper 18" With Spring; Tensioner 850.99 850.99 1 Belt 4ply with 3" Comigated Sidewalls and SS Fasteners 84'1,o,, 24"wide 10307.00 10307.00 w- I /4 Holes 35 Per Pattern on 18" Centers 18 UHNIW Rollers 48.00 864.00 PIease let me know if you have any questions or concerns. And we appreciate the opportunity to earn your business. Clint Walker Brance- Krachy Company Cell 409-550-2754 Total 12021.99 Office -409 -838 -1641 RESOLUTION NO. WHEREAS, on August 16, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11 -229 awarding a contract in the amount of $1,111,359.00 to Allco, LLC, of Beaumont Texas, for the Wastewater Treatment Plant Sludge Pump Replacement Project to furnish all labor, materials, and equipment to remove and replace the existing belt press pumps at the Wastewater Treatment Plant located at 4900 Lafin Road-land, WHEREAS, on August 6, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -162 approving Change Order No. 1 in the amount of ($25,355.75) to furnish all necessary labor, materials, and equipment to install a new concrete slab and pipe rail for the refurbished belt press conveyor; install access stairs and handrails for Junction Box No. 3; install a new 6 -inch diameter force main from the grit cyclonic units to the grit classifiers; connect an existing 6 -inch drain to the 12 -inch main at the Influent Building; increase Bid Item 7.5 to provide six (6) additional pipe bollards at the Belt Press Canopy; and reduce Bid Item 5.2 amount to refurbish belt press conveyor, thereby decreasing the contract amount to $1,086,003.25; and, WHEREAS, on March 4, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14 -053 approving Change Order No. 2 in the amount of $48,309.96 to furnish and install new electrical equipment in MCC 1 for Pumps 1 and 3; reinstall VFD equipment in MCC 1 that was damaged by sewer gas corrosion; modify the Primary Sludge Pump belts and sheave size, provide the additional work required to perform the suction pipe connections due to existing underground electrical and piping conflicts uncovered once excavation work began; replace an existing concrete pump pad for Primary Pumps 1 & 3 that was damaged due to deterioration; replace secondary pump check valves, provide for a price adjustment for modifications of the Sludge Belt Conveyor based on actual supplied equipment, and delete the allowance for Bid Item 11, thereby increasing the contract amount to $1,134,313.21; and, WHEREAS, on April 8, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14 -076 approving Change Order No. 3 in the amount of $168,098.00 to replace the existing 10" secondary sludge force main, from the new Secondary Pump Station to the existing Cyclonic Degrit Units, with four (4) independent discharge lines made of 6" diameter PVC pipe, thereby increasing the contract amount to $1,302,411.21; and, WHEREAS, Change Order No. 4, in the amount of $40,514.00, is required to furnish all labor, equipment, and materials to lower the 45- degree angle portion of the belt press conveyor to 15- degrees and to install a new conveyor belt, thereby increasing the contract amount to $1,342,925.21; 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 execute Change Order No. 4 in the amount of $40,514.00, thereby increasing the contract amount to $1,342,925.21 for the Wastewater Treatment Plant Sludge Pump Replacement Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - E TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION BACKGROUND City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer October 28, 2014 Council consider a resolution accepting the Certified Tax Roll Summary for the tax year 2014 (fiscal year 2015). Pursuant to the Texas Property Tax Code, Section 26.09, the Certified Tax Roll Summary must be approved by the City Council. On September 23, 2014, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of $6,891,134,490. There is no change in the taxable value as certified by the Tax Assessor - Collector. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. N M W U N N er, 0. c c o c o O v� c r^ c 7 0 0 0 0� o a aiOMNrq t� 'FOR vo,7�cvim'_" w C7, N N v C) HO N G i/1 N r Vl O �q n C 0 � •� � p � N f`J O a +� '• b Oi �n w O o c CIO U sic waa °aC�7 w dew a8 a .°.: �oy�•o .tliw R Qo 0000 0 0 � > °�jpbF c H Ca W C P9 Cad "'.. Oi• M O M x d Q `� V av+ E as p W tC: ooaorfr;r m a� a F a� rs •. C5 .� � � M V� M. Vt O y O L O •O � O � .� V r V; rn Q Q x F h ^� b w .Nr M C �j• a 0 0 ct Vt W .N+ O O M O O O O C O CO N V'1 �n b M hj d d O K� rl U h• oo rl h ., a W A E C d a a a V�j qya`7• O Fl C v Y d CI' � 07 � �% •10"' O y a � 7 G .. R a yc3+ y a O d • � o q G U V Qa O O d q F L" U] tppp. a :) td y V V ❑ ''� ❑ G v7� , " u Ti'', y O () �F p�'' a� y '_r�� ,o .y `W W rW ^O a� `•� `ti o•� �' A. v a 4� of jr , i' V�i y`�°, r'7i' O , bar 5 •o W y e O a s W n Zj 93 °. m F a N N o v z F N N N N L N N w FS dF�d CL. P., a.a man aAHw* aH= "w "wwF RESOLUTION NO. WHEREAS, on September 23, 2014, City Council, by Ordinance No. 14 -043, approved the tax roll as certified by the Jefferson County Tax Appraisal District with a taxable value of $6,891,134,490; and, WHEREAS, it has been determined and the Council so finds there is no change in the taxable value of the Grand Recap; 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 Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby approves the Grand Recap of the appraisal roll for the tax year 2014 (FY 2015) with a taxable value of $6,891,134,490, which shall constitute the City's tax roll. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution terminating a contract with CIMA Utility of Beaumont for mowing privately -owned developed and vacant properties and awarding a contract to Texas Institute of the Blind and Handicapped Industries (TIBH) for the same. BACKGROUND Privately owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is billed. Council Resolution 12 -181 awarded the contract to CIMA Utility (CIMA) on August 21, 2012. The contract is divided into four (4) sections and CIMA was awarded one (1) section. On December 10, 2013, with Resolution 13 -275, Council suspended CIMA's contract with the City for three (3) months for failing to maintain current automobile liability insurance. On April 22, 2014 and May 2, 2014, CIMA received a letter from the City stating the company was behind schedule and not performing according to specifications. On August 26, 2014, Code Enforcement stopped assigning any new work to CIMA so the company could focus on the large amount of work that was not completed. On September 16, 2014, City Staff met with a CIMA representative to determine how to successfully eliminate the backlog of 216 cuts. The representative provided a copy of a letter from Mr. Moye, the owner, stating CIMA would complete twenty (20) lots per day until the backlog was completed. This plan was accepted by both parties. A letter was sent to CIMA documenting the meeting and explaining what was expected from the company. A weekly meeting with CIMA and City staff was scheduled on Tuesdays to discuss the previous weeks work and expectations for the next week until all the lots were completed. Termination of Mowing Contract October 28, 2014 Page 2 On September 19, 2014 a letter was sent to CIMA explaining that two CIMA employees contacted the Purchasing Division because they had not received payment for work that was completed. A hold was placed on all payments from the City until this issue was resolved to the satisfaction of all parties. The hold was released on September 24, 2014 after the two CIMA employees confirmed that they received all monies owed to them. On Tuesday, October 7, 2014, Mr. Moye did not attend a scheduled meeting with City Staff. Mr. Moye was contacted that he would not receive any additional work from the City until he provided information that was requested for the meeting he did not attend. A meeting was then scheduled for the next day and Mr. Moye attended that meeting. From September 17, 2014 thru October 7, 2014, CIMA had submitted 110 lots as complete but upon inspection by City staff, eighty -eight (88) were accepted as complete and twenty —two (22) did not meet specifications. CIMA should have successfully completed 225 to 300 lots in the three week time frame. On October 8, 2014, CIMA was notified that City Staff would be recommending termination of the contract and that the total backlog was one hundred eighty -two (182) lots. CIMA was told that they would not receive any additional lots until these were completed. As of October 21, 2014, eighty two (82) lots were submitted as complete. Three (3) lots did not meet specifications and were rescheduled to be completed. According to the agreed -upon plan to reduce the backlog, CIMA should have successfully completed one hundred -fifty (150) to two hundred (200) lots in this time frame. In summary, CIMA Utilities has struggled to meet specifications and complete cuts timely since April of 2014. As outlined above there have been other issues including insurance and payment of employees that have affected this contract. This has caused Code Enforcement scheduling issues, complaints from citizens in the neighborhood, and ultimately delays in enforcement of ordinance violations. Therefore, it is recommended that the contract be terminated. The new cuts in Section 1 will be distributed among the current vendors doing work in the other sections during the non - growing season. When the growing season starts in 2015, Staff recommends the award of contract to the Texas Institute of the Blind and Handicapped Industries (TIBH). Any services provided by TIBH are exempt from competitive bidding. The price quote from TIBH is attached and is in line with the prices being paid under the current contracts. The contract will expire on August 26, 2015 with no renewal options. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. October 14, 2014 Mr. Patrick Bardwell Mr. Terry Welch City of Beaumont Purchasing Division 801 Main Street, Suite 315 Beaumont, Texas 7770111 Re: City of Beaumont -Proposal Submission of Mowing; Privately -owned Developed and Vircant Property /Lots — various lots and sizes Dtcar Mr. Bard" ell and Mr_ Welch: On behalf of '171131i Industries, Inc. and Rucon, Inc., please consider this our written proposal to handle the requested services for the mowing of privately -owned developed and vacant properties. Our proposal is based upon the Scope of Mork as provided, and as per our site inspections of various property /lots regarding the services. Our proposal is herein submitted for your review, and is as follows: Price for Presne Less than 6,500 sq. It. $75.00 /cutting 6,500 sq. ft. or greater up to one acre $.0l /sq. ft. One (1) acre of greater $2OO /acre Thank you kindly for your review of the above submitted proposal regarding the requested services. Please do not hesitate to let us know if you need any additional information regarding our proposal submitted herein for vour review. Once again, we certainly appreciate the City, of Beaumont's support of the State Use Program in the einploy%nient of individuals with disabilities. RTlpectfully submitted herein,,, AH f1 it f( j Melinda !vlay 1"11311 Rey -ional Marketing Manager .c; .tins _ / \ \ �\ \ \© \\ ƒr «/ \ / \f ƒ/ +�\ ar. z�> .�. ».t \\ \0 e\ ƒ% of ƒf k\ \AO \_ & n \\ ƒ k ®® a � « \ \ � k # / . ƒ 2 « CD b f 0- g f CD 0 10 CD \ � \ � � £ \ C) . a 6 \ � � � » , � \« �% _ \ /} \ �\ ~« \ �\ \\ n �\ \ƒ \\ /\ �\ \ \© \\ ƒr «/ \ / \f ƒ/ +�\ ar. z�> .�. ».t \\ \0 e\ ƒ% of ƒf k\ \AO \_ & n \\ ƒ k ®® a � « \ \ � k # / . ƒ 2 « CD b f 0- g f CD 0 10 CD \ � \ � � £ \ C) . a 6 \ � � � » , � RESOLUTION NO. WHEREAS, on August 21, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -181 awarding an annual contract for mowing privately -owned developed and vacant properties in an estimated amount of $159,100 to CIMA Utility Construction Co., of Beaumont, Texas, for Section 1, North East; and, WHEREAS, on December 10, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -275 suspending the contract between the City of Beaumont and CIMA Utility Construction Co., of Beaumont, Texas, for a period of three (3) months effective January 1, 2014 for failing to maintain current automobile liability insurance; and, WHEREAS, on May 2, 2014 and April 22, 2014, CIMA received notice from the City notifying them that they were behind schedule for mowing and was not performing according to specifications; and, WHEREAS, on August 26, 2014, the City of Beaumont Code Enforcement ceased assigning any new work to CIMA due to a large amount of work that was not completed and assigned the work to other contract vendors; and, WHEREAS, on September 17, 2014, City staff met with a CIMA representative at which time an acceptable time frame to complete the backlog was agreed upon by both parties and weekly meetings were scheduled to discuss the previous weeks work; and, WHEREAS, on September 24, 2014, the City of Beaumont released the payment hold and the two CIMA employees stated that they received all monies owed to them from CIMA; and, WHEREAS, On October 7, 2014, the CIMA representative did not attend the scheduled weekly meeting with City staff. CIMA was notified that no additional work would be received until the City received all information that was requested for the meeting that was not attended; and, WHEREAS, on October 8, 2014, CIMA was notified that City staff would be recommending termination of the contract; and, WHEREAS, since April 2014, the entire growing season, CIMA has failed to complete mowing requirements and specifications; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City to terminate the current contract for mowing privately owned, developed and vacant properties with CIMA Utility Construction Co., of Beaumont, Texas, and to distribute the cuts in Section I, North East among the current vendors doing work in the other sections during the non - growing season; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City to award the contract to the Texas Institute of the Blind and Handicapped (TIBH), which is exempt from competitive bidding, as a provider for this service during the growing season commencing April 1, 2015 and expiring August 26, 2015 with no renewal options; 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 contract between the City of Beaumont and CIMA Utility Construction Co., of Beaumont, Texas, awarded to CIMA in Resolution No. 12 -181, is hereby terminated; and, BE IT FURTHER RESOLVED THAT the City will distribute the cuts in Section I, North East among the current vendors doing work in the other sections during the non- growing season; and, BE IT ALSO RESOLVED THAT the City will award the contract to the Texas Institute of the Blind and Handicapped (TIBH), which is exempt from competitive bidding, as a provider for this service during the growing season commencing April 1, 2015 and expiring August 26, 2015 with no renewal options; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - G 1 001 : # I A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution approving the payment of $650 to settle outstanding liens for litter and weed abatement on property at 2400 Rusk Street, legally described as Oaks L18 B14, and waiving the remaining principle of $5,653 and interest in the amount of $497.62. BACKGROUND Torey Doucette, Sr. has offered to pay $650 to settle the weed and litter liens assessed against the property described above from 2005 through 2014. Mr. Doucette's aunt purchased the property through owner financing in the seventies. A quitclaim deed was prepared in approximately 1997 but was never filed with Jefferson County. After searching for the family members of the original owners, Mr. Doucette has gotten a new quitclaim deed and has filed it with the County. He is now the owner of the property. The property is land only with a value of $3,500. Back taxes amount to $6,730.75 and the outstanding liens with interest amount to $6,800.62 for a total of $13,531.37 or almost four times the value. Mr. Doucette has entered into a payment plan for the back taxes and is requesting to settle the liens for $650, which covers what the City has incurred in 2014 for mowing the property. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Torey Doucette, Sr 1375 Woolctr Road i3caumovit. Texas 7770 The City of Beaumont 801 Main Street Beaumont, Texas 77701 Attention: Laura Clark, My aunt Ms. Joann Davis purchased a ]ionic in the late seventies at 2400 Rusk Street BeaUiliont TX 77702. Through the course of years she managed to owner finance this home through Mr. Marshall Elswick. In 1993 Mr. Marshall Elswick passed away leaving all assets to his wife Diana Elswick. The next few years Ms. Elswick and Ms. Davis, which is my aunt, did a quick claim geed appesiriia;ely ILL the year of, 1997. This deed stated that she has it clear title to the property at 2400 hus!. '�lucet. Beaumont, TX 77702. But after doing this quick claim deed through the LcUal Aid Department my anal Joann Davis fail to file this with Jefferson County due to illness and leg amputation. When iuy aunt too!, Ill lily grandmother, Erma Zachary took responsibility over the property in the year 2000. But alter discovering that the quick claim deed was never filed my grandmother got Frustrated and 11til tO follow through with the location of the deed. My grandmother did her best to reach the family and wa, unsuccessful, but after several years past, my grandmother and grandfather health failed also, so 1, Torcy Doucette, Sr. (Grandson of Erma Zachary) stepped in to assist her. I was recently able to find the family through social media. After locating the family we were able to determine that an actua! quick claim deed NVas done in 1998 -1999 but never tiled. After speaking with Dianc Iaswick, on several occasion she requested that the family do another quick claim deed so that we could file it and that's where we are today. At no point in the past : ✓ears did any of us, plan to leave the property /estate uncared for. The Elswick family was not aware that the deed was not filed and my grandmother (lid not know what steps to take after being unsuccessful in find the actual paperwork in my aunt's home. Alter the ]ionic was unattended to for years the condition of the ]ionic diminished. We have reviewed the taxes and weed leans on the property and found that they are two tubes the va!ue of the property. My plea to the City of Beaumont is be merciful and in agreement in honoring our requCst to settle the weed and lean charges in the sum of $650.00. The property is of sentlemental aloe to the 1a1r111y <Ind 1S dli we IlaV'e fell llolli liry tliiiu. JU uus IS wily vVf, yi,,< <c, assisting with the sum of payoff. Again we are very sorry for the lack of actions taken to properly handle the situation. But look forward to settling this with the city of Beaumont as soon as possible. I look forward to hearing from you, my contact information is, Torey Doucette, Sr. at (409) 7917076. Thanking you in advance, Tey Doucette, Sr i' RESOLUTION NO. WHEREAS, weed and litter liens exist against property described as 2400 Rusk Street, Oaks L18 B14; and, WHEREAS, the City recommends approving payment in the amount of $650.00 for weed and litter liens on property described as 2400 Rusk Street, Oaks L18 B14 and waiving the remaining principal of $5,653.00 and interest in the amount of $497.62; 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 lien payoff for 2400 Rusk Street, Oaks L18 B14, be and it is hereby approved in the amount of $650.00, the remaining principal be and it is hereby waived in the amount of $5,653.00 and interest be and it is hereby waived in the amount of $497.62; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed and litter liens for the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - i� T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 28, 2014 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6 -7 /Consent Agenda * Consent Agenda GENERAL BUSINESS Consider an ordinance for a zone change from A -R (Agricultural- Residential) to RM -H (Residential Multiple Family Dwelling- Highest Density) or a more restrictive zoning district at 4525 N. Major Drive 2. Consider an ordinance for a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue Consider an ordinance for a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard 4. Consider an ordinance approving the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization - Historic) District at 1801 North Street PUBLIC HEARING Receive comments on allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill 5. Consider an ordinance allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill 6. Consider an ordinance denying the Entergy Texas Application for a Distribution Cost Recovery Factor rate increase on file with the City of Beaumont WORK SESSION * Review and discuss proposed changes to rental rates charged at various Event Facilities COMMENTS * C:ouncilmembers /City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. 1:14 -cv -00082 7. Consider a resolution authorizing the settlement of the lawsuit styled Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. 1:14 -cv- 00082 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. I October 28, 2014 Consider an ordinance for a zone change from A -R (Agricultural - Residential) to RM -H Residential Multiple Family Dwelling- Highest Density) or a more restrictive zoning district at 4525 N. Major Drive r. 4. TV U - 7, 1*1 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider an ordinance approving a zone change from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling- Highest Density) or a more restrictive zoning district at 4525 N. Major Drive. BACKGROUND Phuc N. Le has applied for a zone change. Mr. Le is purchasing the property from Ms. Linda Chester who represents the estate of Leroy Minton. The 4.981 acre tract is located at 4525 N. Major Drive. Once the property has been purchased, Mr. Le plans to construct a new apartment complex. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to approve a zone change from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling- Highest Density) District at 4525 N. Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. September 23, 2014 ATTN: Planning and Zoning Division Room 201, City Nall Beaumont, TX 77701 Dear Zoning Committee Members, Phuc Nhat Le, MD 7925 Windmeadow St Beaumont, TX 77713 901 -283 -9903 beaumontfamilycare @yahoo.com My name is Phuc Nhat Le ( "Nate ") and I am writing this letter to request for permission to change the zoning of a property (land) being purchased located on 4525 North Major Drive. The completion of this purchase is based upon the contingent plan and agreement between me, the buyer, and the seller that the requested zone changes are approved. At this time, I would like to request the changes to be made from its current status of "agriculture" to "multi- family dwellings" with my sincere intention to use this land for future development of new apartment buildings. This property is located next to Breakwater Bay apartments and also directly across from the Stoneleigh on Major apartments. i. As a new physician relocated to Beaumont in 2010, 1 can still remember how terribly home -sick I was and how I wanted nothing more than to just move back to my hometown in Tennessee, where I grew up since I was a child. Aside from that, the other social anxiety that nearly caused me to move back home was the exhausting quest for an ideal apartment, or the lack of its availability at that time. But with much patience and due time, I was able to find one that was close to my work and conveniently located in the center of town. Since then, I have grown very fond of this charming city and its wonderful residents. If the permission is granted, I can foresee the local builders to begin construction of our beautiful and affordable apartment buildings as early as next year. It is reasonable to believe that in due time, Beaumont Texas, can become a place that anyone and everyone can call home. Beaumont is now my permanent home. Thank you so much for your consideration. Sincerely yours, Phuc Nhat Le, MD ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL - RESIDENTIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4525 N. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT- Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned A -R (Agricultural - Residential) District to RM -H (Residential Multiple Family Dwelling- Highest Density) District for property located at 4525 N. Major Drive, being Plat RS -5, Tracts 5A and 6 of 70, D. Easely Survey, Abstract 20, City of Beaumont, Jefferson County, Texas, containing 4.981 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - 2218 -Z: Request for a zone change from A -R (Agricultural - Residential) to RM -H idential Multiple Family Dwelling - Highest Density) or a more restrictive zoning district. .tion: 4525 N. Major Drive icant: Phuc N. Le 1 0 100 200 300 400 I 1 I I I I Feet GC -MD f 111 ES] i R-S A -R EXHIBIT "A" Z D 0, v,. Legend 221st G2 G2 Surveyor's Notes: (1) This survey was made to reflect the title commitment issued by Stewart Title Cuoranty Company on July 10, 2013, bearing Cr Number 1324534784. (2) According to FEW Flood Insurance Rate Map Panel No. 4854570050 D, dated August 06. 2002, subject property appears to be located in Flood Zone X'; Flood Zone location based on acme only, (3) All bearings referenced hereon are based on the Texas State Plane Coordinate System - 4204 -- Texas South Central Zone., all areas and distances are based on surface measurements. (4) A field note description of even date accompanies this plot. (5) SR = Set Capped Rod (ACCESS SURW ORS-) (6) t7 = Utility Pole Breakwater Boy, LTD 7.368 acres CCF/' 2003014455 OPRJCT N O � 3 oo n r, m ep �In POW in C m Foot u c u i 'C a n Found Ved Rod ry Y Y� old property line ?�O. v O as la aka CL I o C' C' ^ � o Subject Tract o 4.981 Acrcr � (called 5.041 ac) c U hI� old c � � c m � � c � I c vI � c a v 8I o ID PJ (5 00'06'40' E) , (14527') S 02457'42' E jl 144.10` SR I v a o 0 s u7 2'r NU ENV ��F- � V i G c Found '0 'a J Rad SR _ SCALE : 1 "a 100' PREPARED EXCLUSIVELY FOR J� 1- Lnr T.We Lt S 0303'15' E' 1211' (L 1 ) (S 00'06'40' E ; 2.00') L2 S BrSS'5r W 140.00' (L2 ) IS 89'47'00' W 140.00) L3 N OZ3r43- w 74,72 (0) (N 00'02'00" W 83.72) 4 j SR r'+ JyP.0O. TO L r Ford jjpp 3/4' Rod OCID n Ln pm UAW • o Vergil Ray Rutledge n a 2.8 18 acres rt CCF# 3404745 bw om OPRJCT building Zv on blocks qIZ5* 40' E 157 24' £ 157 1/Z" Rod Major Drive (AKA FM Highway 364) 00'06'40 W 157.27') 0758'56' W 157.27', P. O. B- Fousd 1/2' Rod 314' Rod 1, Mitchell Lee Brockin, Texas Registered Professional Land Surveyor No. 5163, do hereby certify that I have made a survey on the ground of the property legally described hereon, that the survey is correct, and that there are no discrepancies or conflicts, shortages in boundaries, intrusions, protrusions, or overtopping of improvements, or visible utility lines or roads in place, except as shown hereon, and that said property has access to and from a dedicated public roadway, unless otherwise shown hereon. Surmy dated: July 15, 2013. /-I' , PWA? S Surveyors Regis'rered Prufrssi 'anal 1 a'n J Surveyors 505 South Farts Street - Boa mnoaL Texas 77701 Telephone (409) 838 -6J22 Fox 838 -6122 www.accesesurveyars.cam § r0s3 1630ao1-com Fur IWO.dep Tarleai=M= SN8 EXHIBIT "B" Aftd" Lee &Ocwn prpigsgiorw► Land Surveyor Nn, 5163 I 2 October 28, 2014 Consider an ordinance for a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue :1 :fA' ""tll i�A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue. BACKGROUND Andy D. Phan has applied for a specific use permit. Mr. Phan would like to operate a gift shop and gaming facility containing 32 eight -liner machines at 3890 Highland Avenue. Customers would only be able to receive gifts under $5 in value, as prizes. Hours of operation will be from 10 a.m. until 9 p.m., Monday through Friday and 12 p.m. through 6 p.m. on Sunday. The store will be closed on Saturday. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 4:1 to approve a specific use permit allowing a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, subject to the following condition: 1) As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS N APPLICANTS ADDRESS: X � "O �� L h A�'/� �'� n'c�L l ��uiti ni:— i x� 7770-5 APPLICANT'S PHONE #: S�C��_�� /7�S FAx n: NAME OF OWNER: ADDRESS OF OWNER: -E Slc? `7'7 °7DS LOCATION OF PROPERTY: 7 tall, 7 t'� Lt -7 -7 7 r --- LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT �7 BLOCK NO. 50 PLAT ADDITION Ja Ck-�41.!�0N4 'Z W SURVEY NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: C`` ; F T ff C !J 1� Nil f� rr a f�c p i ZONE: U ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %2" X I1" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN' /2 ACRE .......... ............................... ........................5250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE ............ ............................... ........................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. p / SIGNATURE OF APPLICAN� 1�'� S�tX f T SIGNATURE OF OWNER: (IF NOT APPLIC DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 20) fiILE NUMBER: BEAUMONT, TX 77701 � Zt � " DATE RECEIVED: Z`,'-{ 144_ Phone - (409) 880 -3764 Fax - (409) 880 -3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Seashell Gift shop Our store is called Seashell Gift shop. The business is set over a half an acre of land. Surrounded by a chain linked fence, the building is 2,922 square feet with moderate landscaping and a fairly sized parking lot. We are open Monday through Friday from 10 am to 9 pin and Sunday from 12 pin to 6 pm. We are closed Saturday. For business, we sell all things pertaining to house decor, mainly sea shell related items. At our store, you can find an abundance of sea shell adorned mirrors, flower vases, and other trinkets, as well as sea shell statuettes. Our store also carries modern wood carvings and beautifully detailed wooden picture frames. In our display cases, we have depicted gorgeously made crystal figurines and pearl jewelry. On our walls, you will see for sale uniquely designed, gemstone embedded paintings showing various scenes of serene nature and the beauty of the outdoors. We accept cash, checks, credit cards, and debit cards. Towards the back of the building, there is a room used for entertainment. The "game room" :is located in a private room, which only customers with memberships are allowed access in. This is because of security reasons. The room itself is a confined enclosure with two doors on opposite sides for coming and going. With the doors closed, the playing members can enjoy their game without any disturbance from the shopping customers. Store Owner Andy D Phan Andy Phan 3890 Highland Avenue Beaumont, Texas 77705 September 2' ), 2014 City of Beaumont Planning and Zoning 801 Main Street Beaumont, Texas '77701 To Whom It May Concern: Re: Specific Use Permit Application 3890 Highland Avenue, Beaumont The items below are in response to Section 28.04.001, Zoning Ordinance. • The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor will it significantly diminish or impair property values within the immediate vicinity. The property to the north is occupied by a General Dollar store and there are other established businesses along Highland Avenue. • The establislunent at 3890 Highland Avenue will not impede the normal and orderly development and improvement of surrounding property. • Adequate utilities, roads, drainage, and other necessary supporting facilities are already in place at this time. • The subject property is located on a main, four lane street. Adequate driveways from the street to the property are in place. The subject property has more than sufficient parking and vehicle movement area. The subject property is large enough to provide safe separation and distance between vehicle movement, parking, and pedestrian traffic on the sidewalk and does not adversely affect the general public or adjacent development. The specific use of this property will not create offensive odors, fumes. dust. noise, or vibration. • Lighting for the front of the building is provided by City of Beaumont street lights. 140290 City of Beaumont 09 -23 -2014 • There is sufficient landscaping and screening to insure harmony and compatibility with all adjacent property. 0 The proposed use is in accordance with the Comprehensive Plan. If you have any questions or need additional information, I may be reached by telephone at 409-832-1115. Respectfully submitted, Andy Phan Page 2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GIFT SHOP AND GAMING ROOM IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3890 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Andy D. Phan has applied for a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, being Tract A, Block 50, Jef Chaison 2nd, Beaumont, Jefferson County, Texas, containing 0.555 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, subject to the following condition: ; and, • As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, being Tract A, Block 50, Jef Chaison 2nd, Beaumont, Jefferson County, Texas, containing 0.555 acres, more or less, as shown on Exhibit 'A," attached hereto, is hereby granted to Andy D. Phan, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - ile 2217 -P: Request for a specific use permit to allow a gift shop and gaming room in an NC neighborhood Commercial) District ocation: 3890 Highland Avenue pplicant: Andy D. Phan PIPKIN ST h R =S 0 100 200 Feet NC Legend 2217P R -S BROCKMAN ST x EXHIBIT "A" RM -M R -S o � $ ? s✓ moo. g�I H A � � a a o ti �a i I y 0 jf #E�°SZ g �a�p�g "Til A fS a a re:a ti a O a D v rD y Mh S. O (D . v ID Q O -0 0,,o O g�I H A � � a a o ti �a i I y 0 jf A a O a D v rD y ID c. O S. O (D . v ID Q O -0 0,,o O zz zz °p o Uv (D o o O O a rD n O ro O rD Q lzi o U a 4 O t�D :J I a�£gnA tr —T CIO O � O �O z � v D rD O vcu Cz� l4� 'O- - -! g�I H A � � a a o ti �a i I y 0 ' 3Nyi CINV7 }H 06B£ i 1 1 1 c $A ffi�s t� Q !�J 18$ w I $ n T a N8 `d a 4 I a�£gnA ' 3Nyi CINV7 }H 06B£ i 1 1 1 c $A ffi�s t� Q !�J 18$ w I $ n 3 October 28, 2014 Consider an ordinance for a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard r' 4 11111111111111111111 Mill TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a behavioral and academic center /secondary school in a GC- MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard. BACKGROUND Jennifer Ford, C.E.O. of Starpoint Educational Enrichment Center, L.L.C., requested a specific use permit. Ms. Ford would like to utilize the property as a behavioral and academic center /secondary school offering behavioral therapies for students ages 3 -21 who are diagnosed with Autism Spectrum Disorder (ASD) and other neurological or cognitive syndromes, as well as a general education Pre -K Program. The proposed use will employ eight (8) teachers /teacher assistants, one (1) nurse and six (6) administrative staff. The facility will serve 112 students. Hours of operation will be 8 a.m. to 6 p.m. Monday through Friday. At last months' meeting, a discussion arose regarding access and circulation of traffic. Further review of the parking lot has brought a concern to the efficient movement of vehicles in and out of the area. With the arrangement of parking stalls and the proposed parallel parking along the fence opposite the parking lot it would be very difficult and unsafe for 100 vehicles to enter and exit the property without a turnaround in place already. It is possible that the paved area beyond the gates could be utilized as such an area, however, this area has been designated as an outdoor play area for the school children, a use that conflicts permitting traffic to circulate within the property. A second concern would be congestion that could cause lines of vehicles parked along Washington Boulevard during peak traffic flow. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to deny a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEALT?�10T4T, TEXAS APPLICANT'S NAME: Ar RA-d' APPLICANTS ADDRESS: t � :7 09r:2y9-k _rn Z- l �& APPLICANT'S PHONE 9: (v —13 (7 FAX' : ` CP `C'34- 42 Gb NAME OF OWNER: I �L 2 CA-cu -) ADDRESS OF OWNER: 0 S LXLYV � [ 1 y Set te, c9 6H Atcs -fY Z-,cJ LOCATION OF PROPERTY: L4q (, Q Wo-skt nolan _ jSkfC -e�equuotor&j TC) 7-T2 -7 LEGAL DESCRIPTION OF PROPERTY: LOT NO. -T�- ,- A-CA- U t 0 .x-.T 0�- f YaC+ S; BLOCK NO. ADDITION leksh (via +Z).-i Pt c'6 NUMBER OF ACRES s (7 OR TRACT PLAT SURVEY_ NUMBER OF ACRES_ For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete `legal field note description. PROPOSED USE: is &VAVI 4' hU&P4LC, `C-fl � ' m Q O- ` ZONE: &C — Wt D ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/" X I I" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the bark side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN'' /-2 ACRE .......... ............................... ........................5250.00 Y .ACRE OR MORE AND LESS THAN 5 ACRES ...................S450.00 5 ACRES OR MORE ............ ............................... ........................$650.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amende;Wnd approved by Cite Council, SIGNATURE OF APPLICANT: DATE: _ $ SIGNATURE OF OWNER: (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT FILE NUMBER: 2 i PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: I Phone - (409) 880 -3764 Fax-(409) 880 -3I33 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. StarPoint Educational Enrichment Center, LLC July 25, 2014 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 RE: Specific Use Permit STARPOINT EDUCATIONAL ENRICHMENT CENTER, LLC proposes the use of 4960 Washington Blvd, Beaumont, Tx 77707 as an Academic and Behavioral Educational Enrichment Center. The board of director's mission for the facility is to offer quality behavioral therapies, otherwise known as: Applied Behavioral Analysis Therapy for students ages 3 -21 who are diagnosed with Autism Spectrum Disorder (ASD) and other neurological or cognitive syndromes. STARPOINT EDUCATIONAL ENRICHMENT CENTER, LLC will also offer General Education Pre - Kindergarten for students 3 -5 years of age. A Life Skills Program focuses on everyday skills for Special Education Students: personal /social skills, hygiene, independent life skills such as clothing care, work competencies, and functional academics. These skills are essential for special education students to learn because they provide the basis for and facilitate transition from school to life in the real world. Special education students learn things better when they are not confined to sitting behind a desk or staying in one spot, learning life skills are best done "by doing "; "We learn by doing." Hours of operation will be: Monday through Friday 8:00 am to 6:00 pm STARPOINT EDUATIONAL ENRICHMENT CENTER, LLC will provide with Enrichment programs as described below. Suites D -I: Special Education Program oundation Sidi Communication Fine Motor Skills S«o7iact Area _eu°.,In Cognitive Development Functional Academics PO Box 7709 Beaumont, TX 77726 Jennifer Ford 409.779.6730 Jay Ramirez 409.893.7993 jford @starpointeec.net jramirez @starpointeec.net StarPoi"nt Educational Enrichment Center, LLC o Domestic Family Life c Personal Social Development o Leisure /Recreation /Arts o Citizenship and Community Involvement Career Development Capacity for the Special Education Program will be: 92 92 Special needs students, 6 teachers. Total for this program: 98 STARPOINT EDUCTATIONAL ENRICHMENT CENTER, LLC will comply with Fire Codes regarding fire and safety. Our mission is to provide a state of the art facility that offers our clients a sense of security. Our facility will provide security measures including closed circuit videos of interior classrooms, code enforced fire alarms, and required exits to ensure self - preservation for our clients. Please see attached letter that will be provided in our initial client intake packet. Suite C: General Education Pre -K Programs. Clients ages 3 -5 years. Early childhood education (ECE) programs include any type of educational program that serves children in the preschool years and is designed to improve later school performance. Capacity of this program will be: 20 20 general education students, 2 teachers. Total for this program: 22 Capacity for Administration: 5 Total Capacity for Services: 125 In closing, the Board of Managers of STARPOINT EDUCATIONAL ENRICHMENT CENTER, LLC expresses our sincere appreciation to the Planning Division of the City of Beaumont in helping complete this process. Best Regards, Jennifer Ford, M.Ed. Programs Director PO Box 7709 Beaumont, TX 77726 Jennifer Ford 409.779.6730 Jay Ramirez 409.893.7993 jford @starpointeec.net jramirez @starpointeec.net Zoning Ordinance Eight Conditions 1. StarPoint Educational Enrichment Center, LLC, will be compatible with and will not injurious to the use and enjoyment of other property values within the immediate vicinity. SPEEC, LLC v,, /ill be providing services to the community for special needs children. 2. StarPoint Educational Enrichment Center, LLC, with the specific use of 496o WAsN146-raN will not impede the normal and orderly development and improvement of surrounding vacant property. Our business will promote growth to the surrounding areas. 3. StarPoint Educational Enrichment Center, LLC has provided the City of Beaumont; The Planning Commission and City Counsel a Specific Use Permit that includes the site plan describing adequate utilities, access roads, and drainage. 4. StarPoint Educational Enrichment Center, LLC has provided a site map showing the design, location, and arrangement of the driveways and parking spaces which facilitate safe and appropriate movement for vehicles and pedestrians without negatively influencing the general public or adjacent development. 5. StarPoint Educational Enrichment Center, LLC will not be participating or engaging in any activities that would produce offensive odors, fumes, dust, noise, nor vibrations. In the event that we have such concerns in the future, we would make the necessary provisions to prevent such issues from affecting the general public and surrounding developments. 6. StarPoint Educational Enrichment Center, LLC will make sure that any directional lighting will not affect neighboring properties. Currently, there is no such lighting present on the property. 7. StarPoint Educational Enrichment Center, LLC will maintain sufficient landscaping and screening that is appropriate and supportive of adjacent property. S. StarPoint Educational Enrichment Center, LLC has submitted our proposed business use of -196o WASN+NGTot as an educational facility to the City of Beaumont and it is in accordance with the Comprehensive Plan. tarPo i Educational Enrichment Center, LLC RE: SELF PRESERVATION For the purpose of the fire code for the City of Beaumont, all clients that are present inside the facility must be capable of life preservation. In the event of a fire, each client must be able to respond to an emergency situation without physical assistance from the staff. They must be able to properly make their way from the immediate room where such care is being held to an exit door which leads directly to the exterior. Our facility will practice monthly fire and safety drills to maintain the client's familiarity with this procedure. Parent Signature StarPoint EEC, LLC Signature Date Date PO Box 7709 Beaumont, TX 77726 Jennifer Ford 409.779.6730 Jay Ramirez 409.893.7993 jford @starpointeec.net jramirez @starpointeec.net � � 1 s *� U' 4�1 0 ty �y.1 l`J � Y � � U �2 l V G1 � ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEHAVIORAL AND ACADEMIC CENTER /SECONDARY SCHOOL IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 4960 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jennifer Ford, on behalf of Starpoint Educational Enrichment Center, L.L.C., has applied for a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard, being Tract 6 (out of Tract 3), Block A, Washington Place, Beaumont, Jefferson County, Texas, containing 0.6885 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial- Multiple Family Dwelling) District at 7900 Collier Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard, being Tract 6 (out of Tract 3), Block A, Washington Place, Beaumont, Jefferson County, Texas, containing 0.6885 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Jennifer Ford, on behalf of Starpoint Educational Enrichment Center, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - e 2212 -P: Request for a specific use permit to allow a behavioral and academic iter /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) istrict. ocation: 4960 Washington Boulevard pplicant: Jennifer Ford, C.E.O. 0 100 200 l 1 1 1 Feet EXHIBIT "A" EXHIBIT "B" �t 4 6- Q October 28, 2014 Consider an ordinance approving the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization - Historic) District at 1801 North Street A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider an ordinance approving the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street. BACKGROUND The City of Beaumont Planning Division has applied for the revocation of a specific use permit. In August, 2012, the City Council approved a specific use permit to Mr. Rodney Cooley to allow antique furniture restoration at 1801 North Street with the condition that he: 1. Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line. A recent inspection of the property showed that the condition had not been met. Mr. Cooley was notified of the violation, but failed to bring the property into compliance. On September 30, 2014, a certified letter was sent to Mr. Cooley notifying him of this impending hearing to revoke the specific use permit. This property has been an issue for some time now. Beginning in early 2013, Mr. Cooley was notified that he had not completed a Certificate of Occupancy. Since then charges have been filed for two separate counts of failure to obtain a Certificate of Occupancy and comply with the specific use permit condition as well as one count of furniture kept outside. To date, Mr. Cooley has refused to pay a fine or appear before Municipal Court. Water records show that Mr. Cooley has never opened an account with the water department, however he continues to place heavy trash at the curb for pick -up. The attached inspection report shows the scope of work involved. Revocation of this specific use permit would be one additional tool to obtain compliance for the specific use permit requirements. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to approve the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. 10/16/2014 City of Beaumont Page 1 Case Activity History ZONING Case Number ZON2013 -00171 Opened 3/27/2013 LB Case Name NORTH ST I S O 1 Closed Type ZONING Last Action 11/14/2013 AV Subtype ZONING Follow Up I0;30/2013 AV Status PENDING COURT Description: Site .Address Citv State Zip Site APN 1801 NORTH ST BEAUMONT TX 043000000016600000008 Owner PRESSLER HENRY C Resident .Address 3930 BAYOU RD BEAUMONT TX 777072446 Action Date Completion Date Action Type Action By / Action Description 8/22/2014 8/22/2014 ALL Miscellaneous ANNA VARELA 12/23/2013 12/23/2013 ALL Court results received (8/23/2414 11:44:25 AM AV) Action Created (8/23/2014 11:44 AM AV) Emailed Bengy @ Solid Waste that material are being set out at this location @ a business and we had been picking up debris for quite -a -while now & this bus. not having City Wtr Serv. for sometime too. Since this business has not complied with Zoning issues, I asked if Solid Waste would not continue picking up at this location until he comes & straightens out all his issues. (including setting up current water services.) ----------------------------------------------------------------------------- ANNA VARELA (1/6/2014 2:05:01 PM AV) Action Created (1 /6/2014 2:05 PM AV) Prepared FTA report for Judge Lively. (Mr. Cooley was a "No Show" in court) 12/19/2013 12/19/2013 ALL Court Appearance ANNA VARELA (12/22/2013 8:33:40 PM AV) Action Created (12/22/2013 8:33 PM AV) FAILED TO APPEAR IN COURT AGAIN 12/19/2013 12/19/2013 ALL Miscellaneous ANNA VARELA 12/18/2013 12/18 /2013 ALL Prepare for court 11/14/2013 11/14/2013 ALL Miscellaneous (12/19/2013 1:22:13 PM AV) Action Created (12/19/2013 1:22 PM AV) Lindsey told the lady that came into office this afternoon (to obtain C.O. today); that they will have to get back w /Anna, before C.O. can be issued. ANNA VARELA (12/1 8/2013 8:32:40 PM AV) Action Created Prepared file for court hearing on 2nd charge ANNA VARELA CODE—ENFORCEMENT—ACTIVITIES CR Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type Action By / Action Description (I 1.'14/2013 9:52:27 AM AV) Action Created 0 1/14/2013 9:52 AM AV) T.T. CHRIS BOONE TO GIVE HIM AN UPDATE ON THIS FILE. 11/14/2013 11/14/2013 ALL Call Received ANNA VARELA 11/14/2013 11/14/2013 ALL Miscellaneous 11/14/2013 11/14/2013 ALL Call Made 11/13/2013 11/13/20133 ALL Miscellaneous 11/6/2013 111/6,/2013 ALL Reinspection (11.'14/2013 9:56:00 AM AV) Action Created (1 1/14/2013 9:56 AM AV) RECD A CALL FR OUR WATER CUSTOMER SERV. DEPT. (D. MICKENS). MS. MICKENS STATED THAT THE WATER METER WAS REMOVED 11/03/11, AND THE SERVICE WAS KILLED IN FEB. 2012. SINCE THEN ..... NO ONE HAS APPLIED FOR ANY SERVICE ANNA VARELA (l L'14/2013 1:46:07 PM AV) Action Created (1 1/14/2013 1:46 PM AV) I personally called water dept.... found that the water meter was removed on 11/3/11 and Service was Killed on 02/2012. No water service at this location since 2011. ANNA VARELA (I 1/14/2013 9:55:06 AM AV) Action Created (11,14/2013 9:55 AM AV) CALLED MARCUS RODGERS BK THIS MORNING AND ASKED THAT HE GO AHEAD AND DOA FULL FIRE INSPECTION OF THIS BUILDING FOR A C /O. HE SAID HE WILL GO OUT TO DO THE INSPECTION, BUT TODAY IS HIS LAST DAY UNTIL JAN. OF NEXT YR. SO SOMEONE ELSE WILL HAVE TO DO THE FOLLOW -UP INSPECTION. I TOLD HIM THAT'S FINE, BUT I NEED TO BE MADE AWARE OF THE FOLLOW -UP DATE. HE SAID HE WILL NOTATE THAT DOWN. ANNA VARELA (11`13/2013 11:36:46 AM AV) Action Created (1 1/13/2013 1 1:36AM AV) C/O IS STILL NOT COMPLETE. AGAIN, CALLED FIRE MARSHALL'S OFFICE TO SEE WHAT DATE IS SCHEDULED FOR HIS FOLLOW -UP INSPECTION. IN SPEAKING TO MARCUS RODGERS, HE DIDN'T DO A FULL INSPECTION... HE ONLY WENT OUT PER MY VERBAL REQUEST; MET W/ BUS. OWNER & INFORMED HIM WHAT HE NEEDED (FOR fIRE INSP). THE BUS. OWNER HASN'T CALLED BK SINCE THEN ... TO REQUEST ANY INSPECTION. ANNA VARELA 11/6,12013 10:59:32 AM AV) Action Created I 1 1/6,/2013 10:59 AM AV) Add'1 re- inspection to see if any changes have taken place. CODE_ENFORCEMENT_ACTIVITIES C W Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type Action By / .Action Description 11,'4/2013 11/6/2013 ALL charges filed in muni crt. ANNA VARELA 11/4/2013 11/6/2013 ALL File Charges 11/4/2013 11/4/2013 ALL Prepare MC Coversheet (11/6/2013 10:51:58 AM AV) Action Created (1 136/2013 10:51 AM AV) Had paperwork (2nd File Charges) already prepared to take to MUM Crt. late Monday 11- 04-13, but due to me being out sick the next day, I didn't file until 11 -06-13 ANNA VARELA (1 1/6/2013 8:07:19 AM AV) .Action Created (11/6/2013 8:07 AM AV) Re -tile a 2nd charge, because even after we appeared in court for the I st charge, he was fined... however, he has vet to correct the 1 st violation. He has still not completed a certificate of occupancy. ANNA VARELA (1 1 14/2013 11:03:02 AM AV) Action Created 10/24/2013 11/4/2013 ALL Prepare PC Affidavit ANNA VARELA (10,'24/2013 10:48:42 AM AV) Action Created 10/23/2013 10/24/2013 ZON Monitoring Location ANNA VARELA 10/17/2013 10/171/2013 ALL Court Appearance 10/17/2013 10/17/2013 ALL Court results received 10/14/2013 10/16,/2013 ALL Prepare for court (10/24/2013 9:54:23 AM AV) Action Created (10/24/2013 9:54 AM AV) This is still not in compliance as of yet. Even though he was fined thru Mun. Crt; he has not proceeded to complete his C /O. (RE -FILE CHG'S) ANNA VARELA (10/17/2013 1:31:50 PM AV) Action Created (10/17/2013 1:31 PM AV) Mr. Rodney Cooley - tenant @ this Bldg @ 1801 North St. did appear in court today. ------------------------ - - - - -- -- - - - - -- ---------------------------- ANNA VARELA (10/17/2013 1 :33:04 PM AV) Action Created (10/17,'201.3 1:33 PM AV) Tenant plead Guilty ... he said he hasn't had the time, then forgot..then got real busy. He was fined $200.00 plus court cost of $69.00 for a total fine of $269.00. EVEN THOUGH A FINE HAS BEEN CHARGED, MR COOLEY IS STILL NOT IN COMPLIANCE TODAY. RE -CHECK AGAIN NEXT WEEK TO SEE IF COURT GENERATED HIM TO PROCEED WITH THE COMPLETION OF THE CIO. IF NOT-, RE -FILE CHARGES. ANNA VARELA (10,%] 6/201 3) 8:07:18 AM AV) Action Created (1016/2013 8:07AM AV) WORKED ON GETTING NEW PIC'S IN FILE, AND RESEARCHING TO SEE IF ANY CHANGES HAVE BEEN UPDATE IN THE BLDG CODE FILES FOR A CIO. NO CHANGES FOUND YET. CODE-ENFORCEMENT-ACTIVITIES c"r Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type Action By / Action Description 9/23/2013 9'23'2013 ALL Court results received ANNA VARELA 91/19/2013 9i 19/2013 ALL Court Appearance 9/17/2013 9/18/2013 ALL Prepare for court (9!23/2013 12:38:35 PM AV) Action Created (9/23'2013 12:38 PM AV) EMAILED JUDGE LIVELY THAT HE WAS A NO -SHOW IN COURT ON 09/19/13. THIS SHOULD GENERATE A WARRANT ANNA VARELA (9/23/2013 12:37:54 PM AV) Action Created (9/23/2013 12:37 PM AV) DIDN'T ANSWER TO HIS NAME CALLED OUT IN COURT TODAY. (NO -SHOW) ANNA VARELA (9!18/2013 12:36:48 PM AV) Action Created (9/18/2013 12:36 PM AV) FINISHED PREPARING THIS CASE FOR COURT TOMORROW 9/16/2013 91/17/2013 ALL Personal Contact ANNA VARELA 9/16/2013 9/16/2013 ALL Call Received 916/2013 917/2013 ALL Prepare for court 9/16/2013 9/16/2013 ALL Call Made (9/17/2013 10:40:05 AM AV) Action Created (9/ 17/2013 10:40 AM AV) When reinspecting on Monday 09- 16 -13, Mr. Cooley's worker was on -site. I asked him what was in the closed room, where the air conditioning room is at? He said it's just more work room. Asked if he would open it....He said OX .... & opened it...He pointed out a couple of ladders, then said 2 -beds and a T.V. Told him I was going to take pie's of what is here, to show my supervisor. He allowed me to continue to take what photo's I wanted to take. Then I thanked him, nave him my business. card, & asked him to have Mr. Cooley-ca-11-me-._-He said O.K. ANNA VARELA (9/17/2013 10:54:57 AM AV) Action Created (9,17/2013 10:54 AM AV) On V.M. when returning from out in the field. Mr. Cooley had left a message 09 -16 -13 @ 2:38 p.m. He called fr 1- 409 -951 -0108. Said he had received a card from his worker (It sounded like he called him Donny'). Then he said please call him back @ 951 -0108. ANNA VARELA (9,17/20133 11:05:12 AM AV) Action Created ANNA VARELA CODE—ENFORCEMENT—ACTIVITIES CRW Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type .Action By 1 Action Description (9/17/2013 11:04:38 AM AV) Action Created (9/17!2013 11:04 AM AV) I called bk ,'� 5:10 p.m. - Mr. Cooley answered... voiced his opinion about me continuously Going out to this property when in fact the City knew what he was going to use this property for; & he then said he already had his inspections on the building except for the Fire Dept, but he had already been approved for his SUP by the P & Z and City Council, so he can't understand why am I still harrassing him about this building, when then have other things going on in the neighborhood, such as stealing, robbing, prostitution etc. Yet, I keep on him for this building. I told him since he doesn't have his Fire Inspection, his CIO is not complete. I told him l was just trying to let him know he had to show up in court this Thursday. He said he already took care of this and infonned the courts that he won't be there. I said O.K., I didn't want him to miss his court date. - -- --------------- - - - -- 9/16/2013 9/16/2013 ALL Call Made ANNA VARELA (9/17/2013 10:57:01 AM AV) Action Created (9!17/2013 10:57 AM AV) Ret'd call (a) 5:08 p.m. on 9- 16 -13. - Mr. Cooley answered and said "Hello, Hello, Hello; then I said this is Anna w /the City...He said Ms. Anna & then the phone clicked off. 8/5/2013 8/6/2013 ALL File Charges ANNA VARELA (8/7/2013 10:15:11 AM AV) Action Created (8/7/2013 10:15 AM AV) Charges Filed in Mun. Crt. 8/5/2013 8/5/2013 ALL Prepare MC Coversheet ANNA VARELA (8.'5/2013 9:55:58 AM AV) .Action Created 8/1/2013 8/5/2013 ALL Prepare PC Affidavit ANNA VARELA (8/5/2013 9:55:38AM AV) Action Created (8/5/2013 9:55 AM AV) Had to organize a file folder & separate the two (2) different chi s that were being filed, and the dates that other Code Office (Lois) addressed anything in this file, then started my case from there. 7/31/2013 7/31/2013 ALL Miscellaneous ANNA VARELA (7'31/2013 8:46:38 AM AV) Action Created (731/2013 8:46 AM AV) Checked with supervisor, & he said he hadn't spoken to Mr. Cooley. I went to Boyd & asked him to have one of the clerks put a halt on any other extensions in the system. I am going to be filing chg's. 7/26/2013 7/31/2013 ALL Personal Contact ANNA VARELA CODE-ENFORCEMENT-ACTIVITIES CRW Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type Action By / Action Description (7!31/2013 8:44:42 AM AV) Action Created (7/31/2013 8:44 AM AV) Mr. Cooley was C prop. site & saw me driving in neighborhood. He drove his P/U truck arnd & I rolled my wndw dwn. I told him I'm ready to file chs s...He immediately said he's been trying to get inspections. I told him to call supervisor on Monday & speak to him about his issue. 6/14/2013 6/14/2013 ALL Mail Results Received ANNA VARELA 6/10/2013 6/10/2013 Sent Letter 6/10/2013 6/10/2013 Sent Letter 6/10/2013 6/10/2013 ALL Send Certified Letter 6/10/2013 6/10/2013 ALL Send Certified Letter (6/14/2013 10:08:09 AM AV) Action Created (6/141/2013 10:08 AM AV) Cert Green Card #7011 3500 0001 1754 5273 to Rodney Cooley was recd & signed by Rodney Cooley & ret'd to us on 06/13/13 CRW VOIDED (AV 6/10/2013 10:36:53 AM) sent Zoning CO Letter to COOLEY, RODNEY with cert 47011 3500 0001 1754 5273 (6/ 10/2013 10:36 AM AV) Added information didn't attach to letter, so I had to manually re -print a new Itr. CRW VOIDED (AV 6/10/2013 10:36:41 AM) sent Zoning CO Letter to PRESSLER HENRY C with cert # (6/10/2013 932 AM AV) Didn't issue to property owner, due to Lois and Anna always having contact w /occupant_ ANNA VARELA (6']0/2013 10:39:18 AM AV) Action Created (6/10/2013 10:39 AM AV) Added information didn't attach to letter, so I had to manually re -print a new ltr. Certified Ltr number 7011 3500 0001 1754 5273 was issued to Rodney Cooley. ANNA VARELA VOIDED (AV 6/10/2013 9:28:16 AM) 16'10/2013 9:28:01 AM AV) Action Created 16/10/2013 9:28 AM AV) Only is-sued-to-occupant of building 6/10/2013 6/10;2013 ALL Send Certified Letter :ANNA VARELA VOIDED (AV 6/10,2013 10:38:45 AM) (610/2013 9:10:18 AM AV) Action Created Only issued to occupant of building (6']0/2013 10:38AM AV) Added information didn't attach to letter, so I had to manually re -print a new ltr. CODE_ENFORCEMENT ACTIVITIES CRW Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: LOIS BALKA Action Date Completion Date Action Type Action By / .Action Description 5/15/2013 5/15/2013 ALL Extension Given ANNA VARELA (515/2013 5:48:09 PM AV) Action Created (5'15!2013 5:48 PM AV) automatic extension to check for compliance, on 05!3 1' 1.3. 5/15/2013 5/151/2013 ALL Call Made ANNA VARELA (5'15/2013 5:47:40 PM AV) Action Created (5/15/2013 5:47 PM AV) Called Mr. Cooley again on 051115113 @ 5:30 p.m. I inquired about the C/O progress, & he said he already has the exit light and the fire extenguishers, but needs to make room for the walk -thru to be done. He is expecting the wtr dept. on Monday, but will make sure that his guys gets this cleaned up so he can finish his inspections. Give an automatic extension until the end of the month, but he said he should have it all done by the end of next week. 5/7/2013 5/7/2013 ALL Personal Contact ANNA VARELA (5/7/2013 10:52:41 AM AV) Action Created (5/7/2013 10:52 AM AV) PHONE CONTACT TODAY (5/7/2013 10:47 AM AV) UPON RE -INSP. MR. RODNEY COOLEY'S WORKER WAS AT THIS PROP. SITE. HE CALLEE MR. COOLEY FOR ME & LET ME SPEAK TO HIM. I EXPLAINED HE STILL HASN'T OBTAINED HIS C.O AS OF YET. HE SAID HE FORGOT, & WILL SEND HIS WIFE, BECAUSE HE IS OUT OF TOWN. AS FAR AS THE FURN. BEING OUTSIDE, MR COOLEY ARGUED W /ME THE FACT THAT HE APPLIED FOR AN SUP AND WAS APPROVED BY THE PLZ COMMISSION & COUNCIL. BOTH WERE AWARE THAT HIS BUSINESS CONSISTED OF RESTORATION OF FURNITUR, & HE EVEN PUT IT IN HIS APPLICATION THAT HE WOULD BE PAINTING FURNITURE. MR COOLEY THEN SAID HE EVEN MAKES AND DONATES TO THE HISTORIC NEIGHBORHOOD ASSOC. FOR THE FUNDRAISERS. ANYWAY, I TOLD MR COOLEY I WOULD GET W /MY SUPERVISOR & DISCUSS THIS APPROVAL. AND IF HE OVERRIDES THE RULE, THIEN I WILL INFORM HIM, EITHER WAY. 3/27/2013 3/27/2013 ALL Call Made LOIS BALKA (3271/2013 4:55:48 PM LB) Action Created (3/27/201-33 4:55 PM LB) CALL MR COOLEY HE WILL COME IN ON 3/28/13 TO RENEW HIS PERMIT CODE_ENFORCEMENT_ACTIVITIES 07W Case #: ZON2013 -00171 Report By: ANNA VARELA Assigned Officer: I S BALKA Bottom F2=Alt view F3=Exit F8=Print history F12=Cancel F13=Warrants F15=Search F23=More options v K Lc ce S(� (c BEATUMOFT MITNICIPJ11. C07,777 (,.'h&:rger', Pia ry Nane: COOLEY, RODNEY Sex: DOB: SSN: '100000000 DL V: y _( :-�a jr '24-1.80 Pendi, c Ce: z Fending bonds: Type options, press Enter. 5=Display Opt Case number Violation Date Disp Date Bond Assessed Balance R T13002856A FAILURE C APP 1.2121_ ; 0000 .00 .00 375.70 T13003955 FAIL TO OBTAIN 1.023130000 00 .00 7 8. 2 C, R 713002920 FAIL TO OBTAIN 07261-1 G T_ '-T 7Z 'I -"2413 00 599.00 375.70 R 713002856 HISTORIC DIST- 072613 " :0000 � 00 264.00 505.70 R PD007652 PARKING-FIRE Z 0530" GT _LT_� 'T 1 I ';1713 00 95.00 188.50 Bottom F2=Alt view F3=Exit F8=Print history F12=Cancel F13=Warrants F15=Search F23=More options v K Lc ce S(� (c CS125IO2 BEAUMONT MUNICIPAL COURT 10/16/14 Name Selection 13:28:10 Position to name: COOLEY, RODNEY Type options, press Enter. 1= Select Opt Name COOLEY, WARRAr COOLEY, COOLEY, COOLEY, COOLEY, COOLEY, F3 =Exit RODNEY T 2475 LIBERTY RODNEY A 2350 GLENDALE SARA LYNN 342 S HWY 109 SEAN 1204 TURNER RD SHONTE BATTLES TEELA JOLEAN 6411 VAL R S DOB DL# BEAUMONT B M 1/20/1974 09070135 BEAUMONT W F 1/04/1984 TX STARKS W M 3/29/1986 06804964 TX BRIDGE CITY B F 7/29/1974 12402198 W F 2/13%1987 24086399 TX GROVES SSN 000000000 TX 77702 000000000 TX 77706 -0000 LA 70661 TX 77611 TX 77619 More... ORDINANCE NO. ENTITLED AN ORDINANCE APPROVING THE REVOCATION OF A SPECIFIC USE PERMIT WHICH ALLOWED AN ANTIQUE FURNITURE RESTORATION USE IN AN RCR -H (RESIDENTIAL CONSERVATION AND REVITALIZATION - HISTORIC) DISTRICT AT 1801 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 28, 2012, City Council of the City of Beaumont, Texas approved Ordinance No. 12 -057 granting a Specific Use Permit to allow antique furniture restoration in a RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street, being the N 75' of Lot 12 and the N 75' of the E 25' of Lot 11, Block 22, McFaddin 2nd, City of Beaumont, Jefferson County, Texas, containing 0.129 acres, more or less, subject to the following condition: • Replace the 6'tall wood screening fence mission along the west property line and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line; and, with the modification of the landscaping requirement along the west property line (no 10' wide landscape strip); and, WHEREAS, recent inspection of the property showed that the required condition has not been met; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the revocation and is recommending approval of the revocation of the specific use permit which allowed an antique furniture restoration use in an RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street; and, WHEREAS, the City Council is of the opinion that the revocation of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That the specific use permit issued on August 28, 2012 by Ordinance No. 12 -057 to Rodney Cooley, his legal representatives, successor and assigns which allowed an antique furniture restoration use in an RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street, being 3890 Highland Avenue, being the N 75' of Lot 12 and the N 75' of the E 25' of Lot 11, Block 22, McFaddin 2nd, City of Beaumont, Jefferson County, Texas, containing 0.129 acres, more or less, as shown on Exhibit "A," attached hereto, be and the same is hereby revoked. Section 2. The use of the property herein above described shall hereinafter be in all respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames - File 2140 -P: Request for the revocation of a specific use permit to allow antique furniture restoration in a RCR -H (Residential Conservation Revitalization - Historic) District. Location: 1801 North Street Applicant: City of Beaumont Planning Division 0 100 200 1 I I Feet EXHIBIT "A" PUBLIC HEARING Receive comments on allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill 5 October 28, 2014 Consider an ordinance allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed S 100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill r s ,► TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 28, 2014 REQUESTED ACTION: Council hold a public hearing and then consider an ordinance allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill. BACKGROUND On August 12, 2014, the City Council approved an ordinance for the issuance of Solid Waste Disposal Revenue Bonds Series 2014 for the benefit of Fair Energy Operations /Beaumont, LLC in the amount of $50 million. Since that time, circumstances have changed and the total amount of the revenue bond offering is now $100 million in order to finance facilities in Beaumont and Angleton, Texas. Mission Economic Development Corporation (MEDC) in Mission, Texas will continue to serve as the governmental issuer of the bonds. However, it remains necessary to obtain the consent of the governing body where the facilities will be located. As was indicated previously, the granting of approval by the City Council does not obligate the City in any way with respect to the bonds or the facility, or to otherwise assume any liability with respect to the issuance of the bonds. State law and federal tax law requires a public hearing be conducted to allow comments with respect to the project and issuance of the Series 2014 revenue bonds. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE WITH RESPECT TO FAIR ENERGY OPERATIONS LLC. PROJECT WHEREAS, FAIR ENERGY OPERATIONS LLC. and its subsidiaries or affiliates (collectively, the "Company ") own and operate various solid waste and waste to energy facilities (the "Facilities ") throughout the state of Texas; and WHEREAS, the Company desires to make certain improvements to such Facilities throughout the state of Texas (the "Project ") as more fully described in Exhibit "A" a portion of which is located in this City (the "Local Portion "); and WHEREAS, in order to achieve the economies of scale in financing the Project, the Company has requested Mission Economic Development Corporation (the "Issuer ") to issue Solid Waste Disposal Revenue Bonds (Fair Energy Operations LLC Project) Series 2014 (the "Series 2014 Bonds ") to finance the Project, including portions located outside the boundaries of Mission, Texas, the Issuer's sponsoring governmental unit; and WI-IEREAS, in order that the Local Portion of the Project may be financed with the proceeds of Series 2014 Bonds, the City Council of the City (the "City Council ") must. request that the Issuer exercise its powers within the City for the purpose of issuing such bonds in one or more series to finance the Local Portion of the Project, such request being intended to satisfy the requirements of Section 501.159 of the Texas Development Corporation Act, Texas Local Government Code, Chapter 501, as amended (the "Act "); and WHEREAS, the City Council desires hereby to make such request of the Issuer and to take other actions to enable the Issuer to issue the Series 2014 Bonds and the Company to use the proceeds thereof to finance the Project; WHEREAS, approval of the City Council as the "applicable elected representative" is also required in connection with the issuance of the Series 2014 Bonds in order to satisfy the requirements of Section 147(f) of the Internal Revenue Code and the City Council desires hereby to give such approval. BE IT ORDAINED, ADOPTED AND DECREED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. Third Party Financing. In order that the Local Portion of the Project may be financed as a part of the entire Project through the issuance of the Series 2014 Bonds, the Issuer is hereby requested to exercise its powers within the City for the purpose of issuing such bonds in one or more series to finance the Local Portion of the Project in accordance with Section 501.159 of the Act. Section 2. Public Hearing and Approval for Federal Tax Purposes. In order to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended, a public hearing shall be held in which members of the public shall be permitted to express their views with respect to the Local Portion of the Project and the Issuer's issuance of the Series 2014 Bonds for such purpose. Such hearing is authorized to be conducted by Mayor Becky Ames (or her designee), as hearing officer. Notice of such hearing was published no less than 14 days prior to such hearing in a newspaper of general circulation in the City. Based solely upon the results of such hearing, and solely for purposes of complying with Section 147(f) of the Internal Revenue Code of 1986, as amended, the Mayor is hereby authorized and directed to execute a certificate certifying approval of the Local Portion of the Project and the Issuer's issuance of the Series 2014 Bonds for that purpose. SECTION 3. DISCLAIMER OF LIABILITY. THE CITY, THE CITY COUNCIL, THE MAYOR AND ALL OTHER CITY OFFICIALS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT OR THE ISSUANCE, CREDITWORTHINESS OR REPAYMENT OF THE INDUSTRIAL REVENUE BONDS TO BE ISSUED BY THE ISSUER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT. UNDER NO CIRCUMSTANCES SHALL THE CITY HAVE ANY LIABILITY, FINANCIAL OBLIGATION OR RESPONSIBILITY OF ANY KIND WITH RESPECT TO THE PAYMENT OF INDUSTRIAL REVENUE BONDS ISSUED FOR THE LOCAL SHARE OF THE PROJECT OR FOR THE CONSTRUCTION, MAINTENANCE, OPERATION OR ANY OTHER ASPECT OF THE LOCAL SHARE OF THE PROJECT. SECTION 4. Effective Date. This Ordinance shall be effective immediately upon passage by sufficient affirmative votes. ADJUDGED, ADOPTED AND DECREED this 28t'' day of October, 2014. - Mayor Becky Ames - EXHIBIT "A" FAIR ENERGY OPERATIONS, LLC AND AFFILIATES Project Description The proceeds the Series 2014 Bonds will be loaned to Fair Energy Operations — Beaumont, LLC ( "Fair Energy Beaumont ") and Fair Energy Operations — Angleton, LLC ( "Fair Energy Angleton," and, together with Fair Energy Beaumont, the `Borrower ") and will be used by the Borrower to provide funds to: (i) finance or refinance all or part of the cost of acquiring and constructing certain capital improvements and infrastructure relating to waste -to- energy facilities and/or solid waste facilities including any land, equipment and other property comprising waste -to- energy facilities (including property functionally related and subordinate thereto) that will convert municipal solid waste into usable products located at: (a) Beaumont City Landfill — 5895 Lafin Drive, Beaumont, Texas (the "Beaumont Facility ") and (b) Seabreeze Environmental Landfill — 10310 FM 523, Angleton, Texas (the "Angleton Facility," and together with the Beaumont Facility, the "Series 2014 Project") and (ii) pay the costs of issuance of the Series 2014 Bonds and related financing costs. #4621623.5 EXHIBIT "A" CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS CITY OF BEAUMONT COUNTY OF JEFFERSON We, the undersigned officers of the City Council of the City of Beaumont, Texas, hereby certify as follows: 1, The City Council of the City of Beaumont, Texas, convened in regular meeting on October 28, 2014, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council, to wit: Becky Ames Mayor Gethrel Williams - Wright Mayor Pro Tern W.L. Pate, Jr. Council Member, At -large Dr. Alan B. Coleman Council Member, Ward 1 Mike Getz Council Member, Ward 2 Audwin Samuel Council Member, Ward 3 Jamie Smith Council Member, Ward 4 and all of said persons were present except for , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE WITH RESPECT TO FAIR ENERGY OPERATIONS LLC PROJECT was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: NOES: ; ABSTENTIONS: 2. A true, full and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; said ordinance has been duly recorded in said City Council's minutes of said meeting; the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said ordinance; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and said meeting was open to the public as required by law; and public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. #4621623.5 SIGNED AND SEALED this October 28, 2014 City Secretary (SEAL) CERTIFICATE OF MAYOR OF CITY OF BEAUMONT, TEXAS (Fair Energy Operations Project) The undersigned Mayor of the City of Beaumont, Texas (the "Lily") hereby certifies with respect to a plan of finance of the Mission Economic Development Corporation (the "Corporation ") including the issuance of its Solid Waste Disposal Revenue Bonds (Fair Energy Operations Project) Series 2014 (the "Bonds ") and other bond issues, that: 1. I am the duly appointed hearing officer for the public hearing which was held on October 28, 2014 in connection with the issuance of the Bonds at the time and place indicated in the Notice of Public Hearing included in Exhibit A attached hereto, all in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "). 2. Notice of the public hearing was published no less than 14 days before the date of the public hearing in a newspaper of general circulation available to residents of the City, as evidenced by the Affidavit of Publication of Notice of Public Hearing attached hereto as Exhibit A. 3. All persons appearing at the public hearing were given an opportunity to comment on the proposed plan of finance, including the issuance of the Bonds, and the project to be financed by the plan of finance. No such persons appeared or made comments except as is set forth on Exhibit B attached hereto. 4. After giving all interested persons an opportunity to appear and comment, the public hearing was declared closed. 5. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purposes, in my capacity as Mayor, I hereby approve the plan of finance, including the issuance of the Bonds, and the facilities to be financed by the plan of finance; provided, however, THAT THIS APPROVAL IS NOT TO BE CONSTRUED AS (I) A REPRESENTATION OR WARRANTY BY THE CITY, THE MAYOR OF THE CITY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (II) A PLEDGE OF THE FAITH AND CREDIT OF THE CITY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE CITY; OR (III) A REPRESENTATION OR WARRANTY BY THE CITY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. #4639783.3 EXECUTED as of October 28, 2014. Mayor City of Beaumont, Texas Exhibit A - Notice of Public Hearing Exhibit B - Names and Comments of Persons Attending Public Hearing Certificate of Mayor of City of Beaumont EXHIBIT A AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING ATTACHED #4639783.3 AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF JEFFERSON: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: Monica Mendoza, who after being duly sworn, says that she is a NEWSPAPER REPRESENTATIVE for THE BEAUMONT ENTERPRISE, a daily newspaper published in Jefferson County and generally circulated in Jefferson, Hardin, Tyler, Newton, Orange, Jasper, Liberty, Sabine, Chambers, San Augustine, Angelina and Galveston Counties, Texas, and that the publication, of which the annexed is a true copy, was published to wit: October 14, 2014 Ad #197052001 Account #041664103 Bracewell & Giuliana, LLP Newspaper Representative Sworn and subscribed to before me, this _ day of � T�(s A.D. Notary Public in and for the State of Texas l�lllll. /lJ!lJl✓lll✓lll. llll. 01��YA�pv3G ERIKA ACEVEDO l� NOTARY PUBLIC, STATE OF TEXAS t1 MY COMMISSION EXPIRES tl y'FOf r APRIL 3, 2016 . r, r. �:� ✓. r.. r r. , r r f. r. r r r. r, r, r r r r r. r r HMS Royal Oak, a British he flew the experimental Bell battleship; 833 of 1,200 XS- 1 (later X -1) rocket plane. men aboard were killed. In 1960, Democratic In 1947, Air Force pilot presidential candidate John Charles E. "Chuck" Yeager F. Kennedy suggested the broke the sound barrier as idea of a Peace Corps while QUALITY MEDICAL SALES • REPAIRS • RENTALS 4249 Lincoln Ave. • Groves WWW. OUALrfYMED1CALSALESUDREPAiRS .COM f Quali#y Lifts & Ramps for your Home & Automobiles NOTICE OF PUBLIC HEARING MISSION ECONOMIC DEVELOPMENT CORPORATION SOLID WASTE DISPOSAL REVENUE BONDS (FAIR ENERGY OPERATIONS LLC PROJECT) i SERIFS 2014 Notice is hereby given of a public hearing to be held by the Mission Economic Development Corporation (the "Issuer") at the time and location set forth below with respect to the captioned bonds ("the "Series 2014 Bonds") to be issued in one .or more series in an aggregate principal amount not to exceed 5100,000,000 by the Issuer. The proceeds the Series 2014 Bonds will be loaned to Fair Energy Operations - Beaumont, LLC ( "Fair Energy Beaumont") and Fair Energy Operations - Angleton, LLC ( "Fair Energy Angleton," and, together with Fair Energy Beaumont, the "Borrower") and will be used by the Borrower to provide funds to: (i) finance or refinance all or part of the cost of acquiring and constructing certain capital improvements and infrastructure relating to waste -to- energy facilities and /or solid waste facilities including any land, equipment and other property comprising waste- to-energy facilities (including property functionally related and subordinate thereto) that will convert municipal solid waste into usable products located.at: (a) Beaumont City Landfill - 5895 Lafin Drive, Beaumont, Texas, (the "Beaumont Facility') and (b) Seabreeze Environmental Landfill - 10310 FM 523, Angleton, Texai (the - "Angleton Facility" and together with the Beaumont Facility, the "Series 2014 Projects and (ii) pay the costs of issuance of the Series 2014 Bonds and related financing costs. Fair Energy Operations, LLC is the sole member of each of Fair Energy Beaumont and Fair Energy Angleton. The initial and exclusive owner, operator and manager of the facilities comprising the Beaumont Facility will be Fair Energy Beaumont or an affiliate controlled, directly or indirectly, by Fair Energy Operations, LLC. The initial and exclusive owner, operator and manager of the facilities comprising the Angleton Facility will be Fair Energy Angleton or an affiliate controlled; "directly or indirectly, by Fair Energy Operations, LLC. The Issuer will conduct a public hearing with respect to the proposed issuance of the the Series, 2014 Bonds on October 28, 2014, at 1:34 p.m.,, at the Beaumont City Council Chambers- Ist Floor City Hall, 801 Main Street, Beaumont; Texas 77701 '(the "hearing"). The Beaumont Hearing will be conducted by Mayor Becky Ames or her'designee. All interested persons are invited to attend the Hearing to express their views with respect to the Series 2014 Project and the Series 2014: .Bonds. Questions or requests for additional information may be directed to Mr. Lee McCormick, 6988 Lebanon Road,'' Suite 103, Frisco, , Texas 75034, (214) 2563121. Any interested persons unable - to attend the Hearing may submit their views in writing to Mr. McCormick at the address above or by facsimile (214) 256 -3209 prior to the date scheduled for the Hearing. This notice is published and the above described Hearing is o be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest on the Series 2014 Bonds, addressing an audience of students at the University of Michigan in Ann Arbor. In 1987, a 58 -hour drama began in Midland, as 18-month-old Jessica Me- Ciure slid 22 feet down an abandoned well at a private day care center; she was rescued on Oct. 16. The Associated Press TEXAS A &M � IL1,FL Jenerson County EXTENSION Master Gardeners fan . Saturday, Oct. 18'', 8 am" I PM AgriLi f e Test Garden C Jack Brooks Regional Airport a:, .. .. ... a w.. e.r•x •e... ... ,,.raa.♦ ew..w Selections Include. • Perennials, including Texas Superstars • Cool weather bedding plants free Ad misS" • ornamental shrubs • Cool weather vegetables - broccoli, We , collards, cabbage, _ multiplying onions and more • Citrus • Bulbs 4 Variety of herbq Shoppers are welcome to bring their; own wagons or carts for ease of selecting and loading plants For more infiormationr.call Texas AgriLife Extension Service (409) 835 8461, i I� I EXHIBIT B NAMES AND COMMENTS OF PERSONS ATTENDING PUBLIC HEARING #4639783.3 October 28, 2014 Consider an ordinance denying the Entergy Texas Application for a Distribution Cost Recovery Factor rate increase on file with the City of Beaumont i LA 11 a-WA ►1 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider an ordinance denying the Entergy Texas Application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont. BACKGROUND On or about September 18, 2014, Entergy Texas filed with each city in its service area an Application for Approval of a Distribution Cost Recovery Factor (DCRF). Entergy has also filed the same application with the Public Utility Commission of Texas covering its customers located outside the cities' boundaries. Entergy is requesting the implementation of a rider that would collect approximately $7 million in additional annual revenue to cover increased distribution expenses. Residential customers would be charged approximately $4.5 million or 64% of the requested increase, which amounts to approximately $0.78 per month for an average residential customer using 1000 kWh per month. The cities' retained utilities attorney and rate consultants have analyzed this request and are recommending denial of the application. The reason for denial is based primarily on the fact that the proposed adjustments are inconsistent with the directives of the PUC as it pertains to a DCRF. The Public Utilities Commission developed a detailed formula that utilities must follow when calculating the revenue requirements for a DCRF. The preliminary findings of the rate consultants indicate that both of the adjustments proposed by Entergy do not conform with the mandated formula. This deviation in calculations results in an overstatement of the need for the requested DCRF rate increase. Denial of the application by the cities would allow for the appeal to the PUCT for a full review and ultimate resolution. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ( "CITY ") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 18, 2014; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. WHEREAS, on or about September 18, 2014 Entergy Texas, Inc. ( "Entergy ") filed an Application for Authority to Implement a Distribution Cost Recovery Factor with the City to increase electric rates by implementing new riders pursuant to Public Utility Regulatory Act ( "PURA ") Section 36.210; WHEREAS, the proposed Distribution Cost Recovery Factor rates proposed by Entergy Texas, Inc. would increase customer rates in the Entergy Service Area by $6,980,180 per year, WHEREAS, Entergy the jurisdictional deadline for the City to act in this rate matter is November 17, 2014; WHEREAS, the expert utility rate consultants retained to review the Company's Distribution Cost Recovery Factor rates on behalf of the City have issued a preliminary report and concluded that Entergy has incorrectly calculated the proposed Distribution Cost Recovery Factor and substantially overstated the claimed need for the rate increase requested. The consultants' analyses support substantial reductions to the Entergy request. WHEREAS, the rate experts retained for the rate review have concluded that Entergy's rate filing request is unsupported; WHEREAS, Entergy has failed to properly support and justify the rate class increase amounts for Entergy's proposed class allocation of certain distribution costs; WHEREAS, Entergy has failed to justify Entergy's proposed rates included in lighting service, WHEREAS, the statutory deadline to act on Entergy's Distribution Cost Recovery Factor rate increase request is November 17, 2014; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies the Entergy Distribution Cost Recovery Factor rate increase. Section 3. Entergy's Distribution Cost Recovery Factor rate increase application on file with the City is denied in total. Section 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 5. This ordinance shall become effective from and after its passage. PASSED 13Y THE CITY COUNCIL of the City of Beaumont this the 28t" day of October, 2014. - Mayor Becky Ames - ATTEST: WORK SESSION * Review and discuss proposed changes to rental rates charged at various Event Facilities ARTICLE 14.05 CIVIC CENTER COMPLEX See. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day. Use of a facility beginning before neon and ending after- 6:00 r.,,,. from 8:00am until 1 ? :00arri C vie Beaumont Event Facilities. 44it-Beaumont Civic Center, 41,—Julie Rogers Theatre for the Per -ftorm ng n , tom, tl,—Jefferson Theatre, Event Centre, Great Lawn, * "e 4ap1ePt-C�, Riverfront Park, Alice Keith Park Community Center. Rogers Park Communitv Center, John Paul Davis Communitv Center. Central Park Community Center and grounds contiguous to those facilities. Commercial event. Any event hosted by a for-profit organization or business.. dies not moot the ale f n.tion of a «noneemm + "" zcztnrrnnrvr- cr�xvncvrrmz2�c �iz�A� Gross receipts. All monies received from the sale of tickets. less adm;cs;�n tax °° cwn.se taxes or sales taxes levied the e ty tats of federal govenin ent e�rcroe- eerere�- vr�errc�- eeezre:rrP�"6'i�ec- �� -er�� c$�i- �suewr .. WrETOWMam Gross receipts. All monies received from the sale of tickets. less adm;cs;�n tax °° cwn.se taxes or sales taxes levied the e ty tats of federal govenin ent e�rcroe- eerere�- vr�errc�- eeezre:rrP�"6'i�ec- �� -er�� c$�i- �suewr .4,..�.� Noncommercial event. An event sponsored contracted by any of the following organizations, where the ent;s net n oeeeds f „m said event a e ,.eta;nea b th or individuals: 0' 0 .4,..�.� Noncommercial event. An event sponsored contracted by any of the following organizations, where the ent;s net n oeeeds f „m said event a e ,.eta;nea b th or individuals: 10 23 2014 (1) dal nonprofit civic organizations; (2) 1oea4 nonprofit fraternal organizations; (3) �a4 nonprofit educational institutions, (4) -- &e4-nonprofit religious organizations; (5) k)ea4 charitable organizations. (6) Individuals sponsoring weddings, birthdays.. and all other private events as determined by the Director of Event Facilities Rental: Actual dad oi'event (does not include rehearsal, move -in, or move-out). f Forma (1958 Code, sec. 9B -1; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; Ordinance 99 -99, sec. 1, adopted 12/26/99; 1978 Code, sec. 20 -20; Ordinance 07 -055, sec. 6, adopted 5/8/07) Sec. 14.05.002 Use rate schedule The following rates will apply to the use of Beaumont Event Givie Gentef Complex fne; lities^ 4-4-+e -Civic Center. (A) Commercial: Minimum rental shall be two thousand ($2,000.00) dollars per ail —day (8:00 am - 12:00 am}- L_ef ten - (1 , .,i,iehe, - °r is greater.— Wowebtef, ip in consideration for city participation in furnishing facilities and other assistance, higher- pereeni ge additional -rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. (B) Noncommercial (minimum r°"*"": Minimum rental shall be one - thousand five hundred dollars ($1,500.00) per day (8:00 am -12:00 amp consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. # i- t Ma4inee —(8:00 am 6 :00 pm)i $1.20).00 (ineludes Sunday). 10/23/2014 (G) Meeting r fa4es as f ti,.ws. Forma (2) Auxiliary Meeting Spaces feon+s in the Civic Center. (A) Commercial/Noncommercial: (i) Hourly(mimmum two hour rental), per space: $100 per hour Matinee (8:00 n 60) pm) p : S l :n (3) Julie Rogers Theatre (A) Commercial: Minimum rental shall be one thousand two hundred ($47000.04_1,200.00) dollars per a4l-day (8:00 am - 12:00 am), of 0) pefeent of gross rweipts. „h ,.,ever eater; he aevef, in In consideration for city participation in furnishing facilities and other assistance, higher per-eentage additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial I.ni fl;mum F°n*a”: !Minimum rental shall be one - thousand dollars ($1,000.00) per day (8:00 am- 12:00 am). In consideration for ci participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. AnN, deviation from minimum rate shall first be gMroved by the city manage 10/23/2014 (4) Auxiliary Meeting Spaces Teems in the Julie Rogers Theatre. (A) Commercial /Noncommercial: (i) Hourly (minimum two hour rental) per space: $100 per hour %4atinee (9--00 afn 6 :00 ..,.,t ; et Sn� t fir) - -donee efeial: Forma � �iTiTiTi1 A (5) Jefferson Theatre. (A) Commercial: Minimum rental shall be one thousand dollars ($1,000.00) per a4--day (8:00 am - 12:00 am), o 0 WhieheNlef is��er�; #o�,��in In consideration for city participation in furnishing facilities and other assistance, hi` ereentage additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial (minimum rental): Minimum rental shall be eight hundred dollars ($800.00) per day (8:00 am -12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees nom_ be negotiated. Animation from minimum rate shall first be approved by the city manager. 4 10/23/2014 (6) Auxiliary Meeting Spaces in the Jefferson Theatre _ (A) Commercial/Noncommercial (g7) (i.) Hourly (minimum two hour rental) per sZace: $100 per hour Event GePAef Centre . (A) Commercial: Minimum rental shall be one thousand five hundred dollars ($1,500.00) per al-1--day (8:00 a.m. - 12:00 a.m), or- ten (10) pefeent of gfess receip's •''i°h°• °r —;fo -- in - -in consideration for city participation in furnishing facilities and other assistance, higher- pefeentage additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager. (B) Noncommercial (minimum rental): in consideration for city participation in turnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization teases the facility ten 10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the city manager.-.' (i) Matinee (8:00 am - 63:00 pm): $500.00 _f 4-- Evening (6:00 pm 12:00 om): ` -4: (iii) All day (8:00 am - 12:00 am): $1,200.00 $1,'� ��00. _� - -_ -- (CJ — Meeting. (i) Hourly (minimum two hour rental between 8:00 am and 5 :00 pm): $100 per hour (78) Great Lawn. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. 10/23/2014 (A) Commercial: All day (8:00 am - 12:00 am): $1,000.00. (B) Noncommercial: All day (8:00 am - 12:00 am):- $500.00 S750.00. (49) Riverfront Park. (A) Commercial: Minimum rental shall be nine -lqundfe one - thousand dollars ($1.000.00 5900.09) dAn— per all Flay (9:00 afn 12:00 am), or- ten - 0) peR ;ent of gr-os r-eeeipts, .,i,iehever- is greater-. However, in In consideration for city participation in furnishing facilities and other assistance, higher- pefeen +a -ge additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial (minimum rental`_ Minimum rental shall be one five hundred dollars ($500.00) per day (8:00 a.m. - 12:00 a.m), In consideration for c participation in furnishing facilities and other assistance, additional rates or tees manegotiated. Anti deviation from minimum rental shall be approved by the city manager.- 11 'wZIOWAT�1W Form After midnj&. When any of the 4teilities of the Civic Centef eempk&i- afe "f 12:00 a.m. thfough 00 a.fn.. said use shall Moll,.. ing ho .l., ,.mss- LI t Formz • j Forme "Space S 00.00 r Forma - LFormz julie Rogers TheatFt-' per hour: S300.00 Forma t =Formz ,,.,,, T /,/� Ilr i�u1ie -- Rogers Theatre AAoor;„, Si-Fit .00 ' R,,eMS 0 r 10,r orb ma r -- '- Forma Space t. ger-SO Theatfo r 1,OUF $ ' Forma Forma Space Event Center per 1,..w: $30.00 Forma Forma (10) Community Centers. The Community Center rental rates are as follows: Alice Keith, per hour (minimum two hour rental) $75.00 Central Park, per hour (minimum two hour rental) $75.00 Not4hend, John Paul Davis, per hour (minimum two S65,00 $75.00 hour rental) Rogers Park, per hour (minimum two hour rental) $75.00 Set -up and take -down of tables and chairs: $25.00 Set -up and take -down is allowed thirty (3 )0) minutes before and after any event. (11) Showmobile. The following rates will apply to the rental of the city showmobile: Commercial Daily Rrate: $300.00 $500.00 Noncommercial Daily Rate: $300.00 $5.00 Po .,,;to If rented for 10 or more consecutive days, daily rate $150.00 7 Forma 10/23/2014. (1958 Code, sec. 913-2; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 79 -85, sec. 1, adopted 10/9/79; Ordinance 83 -121, sec. 1 (exhibit A), adopted 9/27/83; Ordinance 95 -60, sec. 1, adopted 9/19/95; Ordinance 99 -99, sec. 2, adopted 12/26/99; Ordinance 03 -102, sec. 1, adopted 12/9/03; 1978 Code, sec. 20 -21; Ordinance 07 -055, sec. 7, adopted 5/8/07; Ordinance 08 -007, sec. 1, adopted 1/15/08; Ordinance 09 -013, sec. 1, adopted 3/24/09; Ordinance 10 -044, sec. 1, adopted 6/15/10) Sec. 14.05.003 Additional Fees , exhibitions and sales displays; seope of serviees provided for- fees [gates , ore t ;3 f t add shows exhibitions and saver, displays 1, Form net squafe t�aet. A set tip and move out ehar-ge will be 144y (50) per-eent of the daily . F pt acility rentals. used for the setup for an event or for movinp- out after an event. where the facility is not available for other rentals, will be fifty ( percent of the contracted rental rate. (b) aiid aif nditi ,, ing aver-head illumination and , ale f as installed on the „ .:additional fees may, Rte- do not include speei l emple eesauxiliary labor, food service, license fees, broadcast fees, booth equipment, electrical outlets, set -up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of a-show an event. Arrangements for all special employees, needs must be made with the city manager or his designee. (1958 Code, sec. 913-4; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; Ordinance 99 -99, sec. 3, adopted 12/26/99; 1978 Code, sec. 20 -22) Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental is payable at the time of execution of the ki9e contract of any Givie Cent -Beaumont Event - facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the Director of Event Facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the OMM I -- P. -- - - -- - - - - - - - - - -- - -• ... : _ -- . MORTINT . • • • Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental is payable at the time of execution of the ki9e contract of any Givie Cent -Beaumont Event - facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the Director of Event Facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the 10/23/2014 lessee unless authorized by the Director of Event Facilities. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. (1958 Code, sec. 9B -9; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9 /27/83; 1978 Code, sec. 20 -24) Sec. 14.05.006 Food and beverage Any food and beverage served at the Civic Center, Julie Rogers Theatre, and Jefferson Theatre eamplex f4eil ties shall be served only by a concessionaire who has be appfeved by the eity ^r with whom the city has a food and beverage contract unless authorized by the Director of Event Facilities. (1958 Code, sec. 9B -6; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -25) Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any Beaumont Event Ci facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty -eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his contract lease and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (1958 Code, sec. 9B -8; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -27) Sec. 14.05.009 Box office rates fees W MP WOMMI .. w Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any Beaumont Event Ci facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty -eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his contract lease and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (1958 Code, sec. 9B -8; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -27) Sec. 14.05.009 Box office rates fees W 10/23/2014 Box office rates shall be as follows: (1) Three (3) percent of the gross receipts or a- minimum charge of $150.00; (2) Applicable fees associated with credit card usage; (-31}- _- FtE!ket sollorS rfl day of evep, (1958 Code, sec. 9B -10; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; Ordinance 99 -99, sec. 5, adopted 12/26/99; 1978 Code, sec. 20 -28; Ordinance 07 -055, sec. 8, adopted 5/8/07) See. 14.05.010 Prohibited uses Any use of the Beaumont Event facilities which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any contract leases previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use shall be refused entrance or shall be ejected from the premises as necessary. (1958 Code, sec. 9B -1 l; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -29) See. 14.05.011 Advertising No person shall advertise a performance or attraction to be held in any Beaumont Event Civic Ge t °r complex facility until the contract lease for said facility has been properly executed and all contracts between all parties. 'nyelyed have been eO to and exhibited to the dir-eetef of the event f4eilities depaftmen.t. All advertisements f6f. pe4a R:n nee or a4raetiens it �i hie an admission is ie be k r-ge must state the ...v �avii.� ivi rr aaivii �. TCITCJ�T' 077 TTC��G2LC [i'gGCi- i12TC.T�JCCCC�Ci2V CVITCI admission pr ees Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to contract lease any facilities to said person in the future. (1958 Code, sec. 9B -12; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -30; Ordinance 07 -055, sec. 9, adopted 5/8/07) 10 MIEW may • . . •. 10 10/23/2014 Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The city manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the Givie Center eomplex Beaumont Event facilities. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or lease contract of the G vie Genter ^^mp'°X Beaumont Event facilities. (1958 Code, sec. 9B -15; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -32) 11 \ P,10/23/2014 Proposed Changes ARTICLE 14.05 CIVIC CENTER COMPLEX Sec. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day. Use of a facility from 8:00 am until 12:00 am Beaumont Event Facilities. Beaumont Civic Center, Julie Rogers Theatre, Jefferson Theatre, Event Centre, Great Lawn, , Riverfront Park, Alice Keith Park Community Center, Rogers Park Community Center, John Paul Davis Community Center, Central Park Community Center and grounds contiguous to those facilities. oinmercial event. Any event hosted by a for -profit organization or business. Gross receipts. All monies received from the sale of tickets. Noncommercial event. An event contracted by any of the following organizations or individuals: (1) nonprofit civic organizations; (2) nonprofit fraternal organizations; (3) nonprofit educational institutions; (4) nonprofit religious organizations; (5) charitable organizations; (6) individuals sponsoring weddings, birthdays, and all other private events as determined by the Director of Event Facilities. Rental: Actual day of event (does not include rehearsal, move -in, or move -out). (1958 Code, sec. 9B -1; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; Ordinance 99 -99, sec. 1, adopted 12/26/99; 1978 Code, sec. 20 -20; Ordinance 07 -055, sec. 6, adopted 5/8/07) 10/23/2014 Proposed Changes Sec. 14.05.002 Use rate schedule The following rates will apply to the use of Beaumont Event Facilities: (1) Civic Center (A) Commercial: Minimum rental shall be two - thousand ($2,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. (B) Noncommercial: Minimum rental shall be one - thousand five hundred ($1,500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. (2) Auxiliary Meeting Spaces in the Civic Center (A) Commercial /Noncommercial: (i) Hourly (minimum two hour rental), per space: $100 per hour (3) Julie Rogers Theatre (A) Commercial: Minimum rental shall be one - thousand two hundred ($1,200.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial: Minimum rental shall be one - thousand ($1,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. (4) Auxiliary Meeting Spaces in the Julie Rogers Theatre (A) Commercial /Noncommercial: f, 1) Hourly (minimum two hour rental) per space: $100 per hour 2 10/23/2014 Proposed Changes (5) Jefferson Theatre. (A) Commnercial: Minimum rental shall be one - thousand ($1,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial: Minimum rental shall be eight hundred ($800.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager. (6) Auxiliary Meeting Spaces in the Jefferson Theatre (A) Commercial/Noncommercial (i.) Hourly (minimum two hour rental) per space: $100 per hour (7) Event Centre (A) Commercial: Minimum rental shall be one - thousand five hundred ($1,500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager. (B) Noncommercial (minimum rental): In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization leases the facility ten (10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the city manager. (1) Matinee (8:00 am - 3:00 pin): $500.00 (iii) All day (8:00 am - 12:00 am): $1,200.00 (C) Meeting: (i) Hourly (minimum two hour rental between 8:00 am and 5:00 pm): $100 per hour 3 10/23/2014 Proposed Changes (8) Great Lawn. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimurn rental shall first be approved by the city manager. (A) Commercial: All day (8:00 am - 12:00 am): $1,000.00 (B) Noncommercial: All day (8:00 am - 12:00 am): $500.00 (9) Riverfront Park (A) Commercial: Minimum rental shall be one - thousand ($1,000.00) dollars. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (B) Noncommercial: Minimum rental shall be one five hundred ($500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager. (10) Community Centers event. Alice Keith, per hour (minimum two hour rental) $75.00 Central Park, per hour (minimum two hour rental) $75.00 John Paul Davis, per hour (minimum two hour $75.00 rental) Rogers Park, per hour (minimum two hour rental) $75.00 Set -up and take -down of tables and chairs: $25.00 Set -up and take -down is allowed thirty (30) minutes before and after any N 10/23/2014 Proposed Changes (l 1) Showmobile Commercial Daily Rate: $500.00 Noncommercial Daily Rate: $300.00 If rented for 10 or more consecutive days, daily $150.00 rate (1958 Code, sec. 913-2; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 79 -85, sec. 1, adopted 10/9/79; Ordinance 83 -121, sec. 1 (exhibit A), adopted 9/27/83; Ordinance 95- 60, sec. 1, adopted 9/19/95; Ordinance 99 -99, sec. 2, adopted 12/26/99; Ordinance 03- 102, sec. 1, adopted 12/9/03; 1978 Code, sec. 20 -21; Ordinance 07 -055, sec. 7, adopted 5/8/07; Ordinance 08 -007, sec. 1, adopted 1/15/08; Ordinance 09 -013, sec. 1, adopted 3/24/09; Ordinance 10 -044, sec. 1, adopted 6/15/10) Sec. 14.05.003 Additional Fees Facility rentals, used for the setup for an event or for moving out after an event, where the facility is not available for other rentals, will be fifty (50) percent of the contracted rental rate. (b) Additional fees may include auxiliary labor, food service, license fees, broadcast fees, booth equipment, electrical outlets, set -up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. Arrangements for all special needs must be made with the city manager or his designee. (1958 Code, sec. 913-4; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9 /27/83; Ordinance 99 -99, sec. 3, adopted 12/26/99; 1978 Code, sec. 20 -22) Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental is payable at the time of execution of the contract of any Beaumont Event facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the Director of Event Facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless authorized by the Director of Event Facilities. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. (1958 Code, sec. 913-9; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -24) 5 10/23/2014 Proposed Changes Sec. 14.05.006 Food and beverage Any food and beverage served at the Civic Center, Julie Rogers Theatre, and Jefferson Theatre shall be served only by a concessionaire with whom the city has a food and beverage contract unless authorized by the Director of Event Facilities. (1958 Code, sec. 9B -6: Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -25) Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any Beaumont Event facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty -eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perforin every term and condition of his contract and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (1958 Code, sec. 9B -8; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -27) Sec. 14.05.009 Box office fees Box office fees shall be as follows: (1) Three (3) percent of the gross receipts or a minimum charge of $150.00; (2) Applicable fees associated with credit card usage; (1958 Code, sec. 9B- 10; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; Ordinance 99 -99, sec. 5, adopted 12/26/99; 1978 Code, sec. 20- 28; Ordinance 07 -055, sec. 8, adopted 5/8/07) Sec. 14.05.010 Prohibited uses Any use of the Beaumont Event facilities which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any contract previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use shall be refused entrance or shall be ejected from the premises as necessary. (1958 Code, sec. 9B -11; 10/23/2014 Proposed Changes Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83, 1978 Code. sec. 20 -29) Sec. 14.05.011 Advertising No person shall advertise a performance or attraction to be held in any Beaumont Event facility until the contract for said facility has been properly executed and all contracts between all parties. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to contract any facilities to said person in the future. (1958 Code, sec. 9B -12; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83, 1978 Code, sec. 20 -30; Ordinance 07 -055, sec. 9, adopted 5/8/07) Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The city manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the Beaumont Event facilities. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or contract of the Beaumont Event facilities. (1958 Code, sec. 9B -15; Ordinance 76 -74, sec. 1, adopted 6/22/76; Ordinance 83 -121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20 -32) October 28, 2014 Consider a resolution authorizing the settlement of the lawsuit styled Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. l :14 -cv -00082 LA T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 28, 2014 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. 1:14 -cv- 00082. BACKGROUND This matter was presented and discussed in Executive Session held on October 28, 2014. The City Attorney is requesting authority to settle this suit. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Joseph W. White vs. City of Beaumont. Texas and Officer Chase Welch, Case No. 1:14 -cv- 00082, discussed in Executive Session properly called and held Tuesday, October 28, 2014; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; 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 Attorney be, and he is hereby, authorized to settle the lawsuit styled Joseph W. White vs. City of Beaumont Texas and Officer Chase Welch, Case No. 1:14- cv- 00082, for the sum of Dollars ($_ ); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all necessary documents related to the settlement of the lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of October, 2014. - Mayor Becky Ames -