HomeMy WebLinkAboutPACKET NOV 04 2008 (02)RICH WITH OPPORTUNITY
BEA,UMON*
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 4, 2008 1:30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointments
Reverend John Adolph would be appointed to the Convention and Tourism Advisory Committee.
The appointment would commence November 4, 2008 and expire November 3, 2010.
(Councilmember Jamie D. Smith)
A) Authorize the City Manager to execute all documents necessary to accept the project
titled "FY 09 Safety Traffic Enforcement Program (S.T.E.P.) Waves"
B) Authorize the City Manager to execute all documents necessary to continue to maintain
the Police Substation at Parkdale Mall
C) Authorize the City Manager to execute all documents necessary to accept grant funding
from the Department of State Health Services (DSHS) for the EMS -Local Projects Grant
D) Authorize the City Manager to execute an agreement for temporary workers for clean up,
restoration and humanitarian efforts that are necessary as a direct result of recovery efforts
associated with the Hurricane Ike disaster
E) Authorize the reallocation of monies from the Clearance and Demolition Line Item to the
Public Services Line Item of the 2008 Community Development Block Grant Budget to
fund Experience Corps of Southeast Texas
F) Authorize the acquisition of property for the Old Dowlen Road
G) Authorize the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et
al
H) Authorize the purchase of a drainage easement as part of the Calder Avenue Drainage
Project
RICH WITH OPPORTUNITY
11 11c"A,
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T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Frank C. Coffin, Jr., Chief of Police �(/
November 4, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute all
documents necessary to accept the project titled "FY 09
Safety Traffic Enforcement Program (S.T.E.P.)Waves".
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
In January, 1999, the City Council passed a resolution authorizing the city to apply for matching
funds for a traffic safety "Safe and Sober S. T. E. P." grant project. The Police Department has
successfully applied for and the City Council approved several traffic safety grants since that one.
This grant application will provide funding for a "FY09 S. T. E. P. Waves" grant program which
occurs between October 1, 2008 and September 30, 2009 and would assist in enhancing the safety
of the motoring public and reducing motor vehicle crashes which often result in loss of life or
personal injury. The grant would be in an amount not to exceed $27,890.48 from the Texas
Department of Transportation with a city "match" funding of $8,331.88 as our portion of the costs
for the project titles "FY09 S. T. E. P. Waves" which are Thanksgiving 2008 holiday, Valentine's
Day 2009 holiday, Memorial Day 2009 holiday, and Labor Day 2009 holiday.
BUDGETARY IMPACT
City would receive grant funding in an amount not to exceed $27,890.48 with a city contribution
of $8,331.88.
RESOLUTION NO.
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to receive funding to assist in highway safety enforcement;
and,
WHEREAS, the City of Beaumont recognizes that the safety and security of the
motoring public is of paramount concern to the City; and,
WHEREAS, the City of Beaumont strives to enhance the safety of the motoring
public; and,
WHEREAS, grant funding through the Texas Department of Transportation would
assist in enhancing the safety of the motoring public and reducing motor vehicle crashes
which often result in loss of life or personal injury; and,
WHEREAS, traffic safety enforcement and encouragement of safe driving habits are
a significant goal of the Beaumont Police Department; and,
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible for federal reimbursement funding in an amount not to
exceed Twenty -Seven Thousand Eight Hundred Ninety and 48/100 ($27,890.48) Dollars
pursuant to the projects titled "FY09 S.T. E. P. Waves" for occupant protection enforcement,
education of the public and speeding enforcement; and,
WHEREAS, the City of Beaumont has agreed to contribute Eight Thousand Three
Hundred Thirty -One and 88/100 ($8,331.88) Dollars as its portion of the costs for the
project titles "FY09 S.T.E.P. Waves" which are for the holidays Thanksgiving, 2008;
Valentine's Day, 2009; Memorial Day, 2009; and Labor Day, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manger of the City of Beaumont be, and is hereby, authorized to execute
all documents necessary to accept the project "FY09 S.T.E.P. Waves" and take such
action as necessary to implement the project which occurs between October 1, 2008 and
September 30, 2009.
BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and
disburse the federal reimbursement grant funding in the amount not to exceed Twenty -
Seven Thousand Eight Hundred Ninety and 48/100 ($27,890.48) Dollars; and
Take such other actions and execute such documents as may be necessary and
appropriate to implement the purpose and objectives of the "FY09 S.T. E. P. Waves" project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
11 IC"
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T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Frank C. Coffin, Jr., Chief of Police �b
November 4, 2008
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
Licence Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute all documents necessary to
continue the Police Substation at Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
fourteen (14) years. Attached is the License Agreement from Parkdale Mall.
BUDGETARY IMPACT
The total fee is one dollar ($1.00).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall for the
Police Substation located at Parkdale Mall. The agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
Revised: 06/26/2006
Central Files# j52
Project ID# 100-451
License ID #
Deal Type: Inane
Unit: 1-I-848
Agreement Type: Renewal
THIS LICENSE is made this day of . 200_, by and between PARKDALE MALL.
LLC by CBL & Associates Management Inc., its managing agent,(" Licenso r'and City of Beaumont, a (n)
Government incorporated in the state of TX, having offices at 225 College Beaumont TX 77701 Attn: Kyle
Hayes. Phone: 409-880-3801. Fax: 409-880-3844,("Licensee").
It is understood and agreed that this Agreement is, and is intended to be a License, granting the
Licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in
Licensor's premises, land, building or other realty whatsoever, nor shall any other relationship between the
parties, including, but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold, assigned, transferred, mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
I. License Area: Licensee's rights, duties and obligations under this Agreement shall be limited
to the specific area containing approximately 799.88 square feet of floor area, as identified on Exhibit A,
attached hereto and made a part hereof ("License Area'), in Parkdale Mall . Beaumont.' , (The
"Shopping Center") located at 6155 Eastex Freeway„ Suite 200 , Beaumont, TX 77706-6797(Payment
remittance address: Parkdale Mall, LLC, P. O. Box 74942, Cleveland, OH , 44194-4942).
Licensee shall have no right to use any other area of Licensoes premises, other than common areas open
to the general public.
2. Duration: Licensee's rights under this Agreement shall commence on the earlier of: (a)
10/1 /2008 or (b) the day Licensee opens (the "Commencement Date', and shall end on 9/30/2009 (the
"Expiration Date'), unless the License referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not be Gable to Licensee in damages or otherwise for any delay in the Commencement
Date, regardless of cause.
"Licensor or Licensee may revoke this License Agreement at any time, with or without cause,
and with sixty (60) days advance written notice.
3. Use. The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of use of premises (Space H-848) as a police department
substation for shift changes report writing phone work etc The premises shall not be used as a
jwil, and for no other purpose whatsoever.
Licensee shall store and/or stock in the License Area only such merchandise as Licensee is
permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate
applicable federal, state, and local laws prohibiting the sale or display of products, which infringe on the
trademarks or copyrights of others.
4. D/B/A: Licensee shall occupy and use the License Area under the trade name of Ci1Y of
Beaumont which shall not be changed without Licensor's prior written consent.
5. Fees: Licensee shall pay Licensor, without notice, demand or setoff, at the property office or
such other location as Licensor may specify, by certified check or money order on or before the start
date of this agreement, and on the first day of each month thereafter:
Unit Start Date End Date Fee Total Fee
(i) Minimum Fee(s): H-848 10/1/2008 10/1/2008 $1.00 $1.00
In addition to the Total Minimum Fee set forth above, Licensee shall pay to Licensor, the following fees
in accordance with the schedule set forth below:
EXHIBIT `A'
Description Fee Frequen Start Date End Date
(u) Intentionally Omitted
Damaee Deposit: Licensee deposits herewith the sum of , due upon Licensee execution
unless otherwise noted, (Waived), as a damage deposit which shall be applied towards fees and other
charges shall be applied towards fees and other charges due under this Agreement and as a surety for
the performance by Licensee of the terms of this License under which Licensee may be in default or
for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms
of this License including any damages which may result to the License Area. Within thirty (30) days
after the expiration of the term of this License there shall be an accounting with payment to Licensor
or reimbursement to Licensee, as the case may be, of the aforesaid sum. In the event this License is
terminated, the damage deposit will be returned to Licensee after deducting any sums due Licensor.
If Licensee shall fail to make any payment to Licensor when due, Licensee shall pay Licensor a
late charge of $100.00 per day for so long as the failure continues. Licensee acknowledges and recognizes
that its failure to continuously operate during the Hours of Operation set forth in Section 32 for the
duration of the term of this Agreement will cause a loss of goodwill to Licensor by the Shopping Center's
customers and other uncertain damages to Licensor which are not easily ascertainable and Licensee
hereby agrees to pay Licensor $100.00 per day as liquidated damages, and not as a penalty, for any period
of noncompliance.
9. Relocation: Licensor reserves the right to move, relocate, adjust or substitute the License
Area, in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as
to be least disruptive to Licensee's business operations.
10. Revocation: The License granted by virtue of this Agreement may be revoked by Licensor,
in Licensoes sole discretion for any reason, including, but not limited to the Specific Grounds for
Revocation as set forth in Paragraph 14 hereof, upon not less than twenty-four (24) hours notice to
Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages
or losses sustained as the result of any such revocation by Licensor.
11. Insurance: Licensee shall, at its full cost and expense, procure and continue in force,
during the term of this Agreement, commercial general liability insurance including contractual liability and
property damage relating to the License Area covering any and all claims for injuries to persons or upon the
License Area. Such insurance shall be single limit coverage in an amount of not less than One Million
($1,000,000.00) Dollars. Licensee shall also carry Workers Compensation Insurance in the statutory
amount. Any insurance policies required hereunder shall name Licensor, and any designees of Licensor,
as an additional insured, and Licensee shall furnish evidence of such insurance coverage prior to
occupancy of the License Area.
12. Indemnity, Starting on the date Licensee fust uses or occupies the License Area, to the
extent allowed by law, Licensee shall indemnify and hold Licensor, its parents, subsidiaries and affiliates
harmless from and against all claims, actions, liens, demands, expenses, and judgments for loss, damage, or
injury to property or persons resulting or occurring by reason of the construction, use, or occupancy of the
License Area by Licensee, including all costs, expenses, and attorney fees.
13. Liability of Licensor. Licensor shall not be responsible or liable for, and Licensee hereby
expressly waives, all claims against Licensor for injury to persons or damage to Licensee's property on the
License Area, regardless of the cause. Licensee's property in the License Area or the Shopping Center
shall be there at Licensee's sole risk. Licensor, its agents, and employees shall not be liable for, and
Licensee waives, all claims for loss or damage to Licensee's business or damage to person or property
sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident
or occurrence in, on, or about the License Area or any other part of the Shopping Center, including,
without limitation, claims for loss, theft, or damage resulting from () equipment or appurtenances
becoming out of repair; (6) injury done or occasioned by wind or weather; (di) any defect in or failure to
operate, for whatever reason, any sprinkler, heating, or air-conditioning equipment, electric wiring or the
installation thereof, gas, water, or steam pipes, stairs, porches, railings, or walks; (iv) broken glass; (v) the
backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub,
washstand, water closet, waste pipe, drain, or other pipe; (vii) the escape of steam or water; (viii) water,
snow, or ice being upon or coming through the roof, skylight, trap door, stairs, doorways, windows, walks,
or any other place upon or near the Shopping Center; (ix) the falling of any fixture, plaster, tile, stucco, or
other material; (x) any act, omission, or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings, of owners of adjacent or contiguous property,
or the public, or by operations in the construction of any private, public, or quasi -public work; or (xi) any
other cause of any nature. To the maximum extent permitted by law, Licensee agrees to use and occupy
the License Area, and to use such other portions of the Shopping Center as Licensee is herein given the
right to use, at Licensee's own risk.
14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terms,
conditions, or covenants of this License; or (b) in the event there shall be filed by, or against, Licensee in
any court pursuant to any statute, either of the United States or any State, a petition (i) in bankruptcy, (ii)
alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the
bankruptcy acts, or a similar type of proceeding; or (c) Licensee fails to pay, when due, any payment
required hereunder; or (d) Licensee abandons or vacates the License Area; or (e) in the event of any other
default by Licensee; then in any such event Licensee's rights hereunder shall cease and, Licensor may at
its option (1) have the right to immediately revoke and terminate this License, and upon demand Licensee
agrees to immediately surrender possession of the License Area to the Licensor; (2) make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder; (3) re-
enter the License Area and remove all persons and/or any property therefrom, by any suitable action or
proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor, at its sole discretion, determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder, Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation arising out of this License Agreement, Licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsory countersuit or crossclaim against Licensor.
15. ligations Upon Revocation: Upon service of the notice required by above Paragraph 10,
Licensee shall: (a) remove all of Licensee's property, including, but not limited to inventory and trade
fixtures from Licensor's premises within the time period set forth in the notice; (b) upon demand of
Licensor, pay all current and future charges due under this Agreement; (c) reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. Licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. Damage: This License shall be revoked automatically if any portion of the License Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other peril.
17. Liability. There shall be no personal liability of Licensor with respect to this License. If
a breach by Licensor occurs, Licensee shall look solely to the equity of Licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
18. Provisions: Licensor is or may be a party to certain documents, as amended from time to
time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents, as amended from time to time.
19. _Terms of Agreement This License contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either oral or
written, between them other than those set forth in this License.
20. Obligation upon Expiration: Upon the Expiration Date of this Agreement, Licensee shall
immediately remove all of Licensee's property, including, but not limited to inventory and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so, Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent (125%) of the total Minimum Fee specified in Paragraph 5
hereof, assessed in daily increments as one -thirtieth (1/30) of the total monthly amount. Licensee shall
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liability of Licensor: The term "Licensor" means only the owner or mortgagee in
possession for the time being of the building in which the License Area is located or the owner of a
leasehold interest in said budding and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor (nor
Licensor's agent, if any) in respect to any of the covenants, conditions, or provisions of this Agreement; in
the event of a breach or default by Licensor of any of its obligations hereunder, Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent, and that such designee shall have the full authority of Licensor hereunder to perform all
of Licensor's functions hereunder including, but not limited to, the execution of this License and any
other related documentation.
22. Non -Waiver Provision: The failure of Licensor to insist upon performance of any
of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions, and covenants herein contained.
23. BindingAgreemenr This Agreement may not be modified in any manner other than by a
written agreement signed by Licensee and Licensor, or any successor, designee, or assignee of Licensor.
The terms, conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and Licensor, or any successor, designee or assignee of Licensor.
24, Design Requirements: All costs and expenses (including permits or licenses)
attributable to the construction of the License Area by Licensee shall be borne by Licensee. Licensee
shall not commence construction of the License Area without first obtaining Licensor's approval of the
location and design, nor prior to the execution of this License. Design criteria for the construction of the
License Area are:
a. The kiosk/pushcart structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants, licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48" in height.
b. The kiosk/pushcart structure, if located in an open floor area, shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (12'0") minimum shall be maintained on all sides of the kiosk/pushcart
subject to traffic flow.
C. Water service and special HVAC Systems are not available. Heating, venting, and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
d. Design criteria for all signs to be utilized at the License Area, kiosk/pushcart size,
construction, finish materials, and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licensor's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
e. Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes, ordinances, regulations, codes, and insurance rating boards, and shall
apply for all necessary permits. Licensor's approval of Licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
License, nor does it relieve Licensee from complying with laws, rules, regulations, and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor, all subcontractors and material men shall be filed with
Licensor upon completion of work.
f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping
Center is not open for business, unless Licensor has agreed otherwise in writing.
For in -fine space, set up may take place during mall hours, as long as it does not
interfere in any manner, including noise or dust, with mall business and the comfort
of the patrons. A black drape or equivalent, provided by Licensee, must be
covering the entire storefront, as to keep the interior design concealed until ready
for business.
25. Permits: If there are any licenses, authorizations, or permits required by any governmental agency
or authority for the type of activity to be carried on at or for the use of the License Area, Licensee shall be
responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area.
The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted.
26. Visual Merchandisine: Licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested by Licensor.
27. Operating Requirements Licensee shall observe all Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time, including but not
limited to:
a. Licensee shall use and occupy the license Area in a careful, safe and proper
manner and shall keep the License Area in a clean and safe condition in accordance
with this License, local ordinances, and the directions of public officers.
b. All signage located in and upon the License Area shall be approved by
Licensor prior to installation or placement. All signs, placards, banners, pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. Licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria: Signs are to be furnished and installed by Licensee and
approved by an agent for Licensor. Licensee's sign contractor
or architect must submit a black and white rendering (specifying
PMS colors) of Licensee's sign prior to approval. Licensee's
sign shall be located within the Emits of Licensee's storefront
and shall not project more than 8" beyond the storefront if the
Shopping Center is an enclosed mall, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size
Malls:
Up to 30' storefront:
Capitals 18"
Lower Case 12"
30'-1" and greater:
Capitals 24"
Lower Case 18"
Strip Centers:
Up to 30' storefront:
Capitals 24"
Lower Case 18"
30-1" and greater:
Capitals 30"
Lower Case 24"
The length of Licensee's sign shall be limited to 70% of Licensee's
storefront.
C. Licensee shall not display merchandise on or outside the boundaries of the
kiosk/pushcart structure. The outside areas immediately adjoining the License Area
shall be kept clear at all times by Licensee, and Licensee shall not place nor permit
any obstructions, garbage, refuse, merchandise, or displays, or racks, in such areas.
d. All loading and unloading of goods shall be done only at such times, in the
areas, and through the entrances designated for that purpose by Licensor.
C. All garbage and refuse shall be kept in the kind of container specified by
Licensor, and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage, Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage, and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision, if Licensee qualifies as a generator of
medical waste, then Licensee shall be solely responsible for causing compliance
with all federal, state and local laws, whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste (including the use of licensed medical
waste management companies), and shall hold Licensor harmless for Licensee's
noncompliance or violations thereof. For purposes hereof, "medical waste" means
any solid, semisolid or liquid waste, which is generated in the diagnosis, treatment
(e.g., provisions of medical services) or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator" means any person or entity whose act or process produces medical
waste as hereinbefore defined.
f. No loudspeakers, televisions, phonographs, cd players, DVD players, cassette
players, radios, flashing lights, or other devices shall be used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
other occupants of the Shopping Center or of the neighborhood in which the
Shopping Center is located.
g. Licensee shall not conduct or permit any fire, bankruptcy, relocation,
liquidation, retirement, moving, auction, or "going out of business" sale (whether
real or fictitious) in the License Area, or utilize any unethical method of business
operation. Licensee shall not use the License Area as a clearance, outlet or
wholesale center.
h. Licensee shall not carry on any trade or occupation or operate any instrument
or equipment, which emits an odor or causes a noise discernible outside of the
License Area.
I. Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or on automobiles parked in the parking areas of the Shopping
Center.
j. Licensee and Licensee's employees shall not park their cars in those portions
of the parking area designated for customer parking by Licensor. If Licensee or
Licensee's employees' park in portions of the parking area designated for customer
parking, Licensor may, in addition to its other remedies, have such cars removed at
Licensee's expense.
k. Licensee and Licensee's employees shall maintain a neat and appropriate
appearance and dress, and are expected to operate in a dignified, ethical, manner.
1. Licensee shall display its customer sales return policy.
M. Licensee shall not permit loitering at the License Area.
n. Licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
o. Due to the lack of on-site storage facilities, acquisition of outside storage shall
be Licensee's responsibility.
P. Licensee shall be solely responsible for policing its location against theft, loss,
or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft, loss, or damage.
28. Conduct: Licensee shall at all times during its occupancy of the License Area
provide sufficient supervision and maintain adequate control of its employees, guests, and invitees.
29. Removal: Licensee shall at the Expiration Date or earlier revocation of this
License remove its goods and effects, repair any damage caused by such removal, and peaceably yield up
the License Area clean and in good order, repair, and condition. Personal property of Licensee not
removed within two (2) days of such Expiration Date or earlier revocation shall become the property of
Licensor, at Licensor's option without liability to Licensee therefore.
30. Conduct and Alterations• Licensee shall not harm the License Area, commit waste,
create nuisance, make any use of the License Area which is offensive in Licensor's sole opinion, nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the License Area, nor permit the making of holes in the walls, partitions, ceilings, or floors, nor
permit the painting or placing of exterior signs, placards, or other advertising media, banners, pennants,
awnings, aerials, antennas, or the like in or on the License Area, without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances, orders, and regulations affecting the use or occupancy of the License Area. Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products, which infringe on the
trademarks or copyrights of others.
31. Condition of License Arew Licensee has inspected the License Area, and accepts it "as
is" with no representation or warranty by Licensor regarding the condition of the License Area or its
suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the license Area
unless the obligation is set forth in this License.
32. Hours of Operation: The license Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire license Area continuously and
uninterruptedly while this License is in effect, and in a first class manner.
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be
brought upon, stored, kept, used, or discharged on or about the License Area.
34. Access to License Area: Licensor may enter the License Area at anytime.
35. Condition of License Area: Licensee shall maintain, at its sole cost and expense, the
License Area in good condition and make all necessary replacements and repairs to the License Area except
for structural repairs. In addition to all other remedies of Licensor, if Licensee does not complete its
obligations to repair and maintain the License Area, or if Licensor, in the exercise of its sole discretion,
determines that emergency repairs are necessary, or repairs or replacement of any portion of the License
Area or the Shopping Center are made necessary by any act, omission, or negligence of Licensee or its
agents, employees, contractors, or assignees, then in any such event, Licensor may make such repairs,
maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to
Licensee, its merchandise, fixtures, or other property, or to Licensee's business by reason of such repair,
maintenance, or replacement. Upon completion of any such repair, maintenance, or replacement Licensee
shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or
replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair, maintenance, or replacement. Furthermore, Licensee shall immediately
notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the
License Area.
36. Confidentiality: Licensee and its agents and employees shall keep and hold in strict
confidence all of the terms of this License Agreement including but not limited to: the amount and/or
manner of payment of fees and all items of additional charges including the formulations thereof, the use of
the License Area; the duration of the license; and all other terms and conditions herein.
37. Nonprohibited Transaction Representation: Licensee hereby represents and warrants
to Licensor that Licensee is not, and shall not become, a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control ("OFAC'� of the
Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated
and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September
24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year First above
written, each acknowledging receipt of an executed copy hereof.
LICENSOR:
PARKDALE MALL. LLC. by CBL &
Associates Management, Inc •, mana_oinP anent
Print Name: Kurt Lundgreen
Its: Authorized Signatory
LICENSEE:
City of Beaumont
74-W000278
Print Name: Kyle Haygs
Date:
c
RICH WITH OPPORTUNITY
BEA,IIMON*
T • E • % • A • S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Directo
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary to accept grant funding from the
Department of State Health Services (DSHS) for the EMS -
Local Projects Grant.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Texas Department of State Health Services (DSHS) has awarded the Beaumont Public
Health Department an EMS -Local Projects Grant in the amount of $19,410.00. Funds are
approved for Power Stretchers, EZ -IO sets, Backboards, Pedi Immobilization Boards, and Stair
Chairs. This Contract begins 10/01/2008 and ends on 08/31/2009.
BUDGETARY IMPACT
City would receive grant funding in the amount of $19,410.00.
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 funding in the amount of $19,410.00 from the Texas Department of
State Health Services for the EMS -Local Projects Grant.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2009-030387 (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 $19,410.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Fundins 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 10/01/2008 and ends on 08/31/2009. 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:
2009-030387-001 EMS -LOCAL PROJECTS
c. General Provisions (Sub -recipient)
d. Solicitation Document(s) RFP #EMS/LPG-0278.1, and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits A.
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 77704-3827
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CITY OF BEAUMONT
By: By:
Signature of Authorized Official Signature
Date Date
Bob Burnette, C.P.M., CTPM
Printed Name and Title
Director, Client Services Contracting Unit
Address
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458-7470
Telephone Number
Bob.Bumette@dshs.state.tx.us
E-mail Address for Official Correspondence
Fiscal Year 2009 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING......................................................................1
Section 1.01 Compliance with Statutes and Rules...................................................................1
Section 1.02 Compliance with Requirements of Solicitation Document...............................1
Section1.03 Reporting...............................................................................................................1
Section 1.04 Client Eligibility....................................................................................................1
Section 1.05 Applicable Contracts Law and Venue for Disputes...........................................1
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources . ..................... I
Section 1.07 Statutes and Standards of General Applicability ..............................................2
Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts..
.................................................................................................................................4
Section 1.09 Civil Rights Policies and Complaints..................................................................5
ARTICLEII
SERVICES.................................................................................................................5
Section 2.01
Section2.02
Section2.03
Section2.04
Section2.05
Section 2.06
Section 2.07
Education to Persons in Residential Facilities....................................................5
Disaster Services....................................................................................................5
Consent to Medical Care of a Minor...................................................................5
Telemedicine Medical Services............................................................................6
Fees for Personal Health Services.......................................................................6
Cost Effective Purchasing of Medications..........................................................6
Services and Information for Persons with Limited English Proficiency . ...... 6
ARTICLEIII FUNDING..................................................................................................................7
Section 3.01 Debt to State and Corporate Status....................................................................7
Section3.02 Application of Payment Due................................................................................7
Section3.03 Use of Funds..........................................................................................................7
Section3.04 Use for Match Prohibited.....................................................................................7
Section3.05 Program Income....................................................................................................7
Section3.06 Nonsupplanting.....................................................................................................8
ARTICLE IV
PAYMENT METHODS AND RESTRICTIONS..................................................8
Section4.01
Section4.02
Section 4.03
Section4.04
Section4.05
Section4.06
Payment Methods..................................................................................................8
Billing Submission.................................................................................................8
Final Billing Submission.......................................................................................8
Working Capital Advance....................................................................................8
Financial Status Reports(FSRs)..........................................................................9
Third Party Payors...............................................................................................9
ARTICLE V
TERMS AND CONDITIONS OF PAYMENT......................................................9
Section5.01
Section5.02
Section 5.03
Prompt Payment...................................................................................................9
Withholding Payments.........................................................................................9
Condition Precedent to Requesting Payment...................................................10
General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 1 of 4
Section5.04
Acceptance as Payment in Full..........................................................................10
Section 11.02
Section5.05
No Fee or Profit...................................................................................................10
Authorization.......................................................................................................17
ARTICLE VI
ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................................10
Section 11.05
Section6.01
Allowable Costs...................................................................................................10
Antitrust...............................................................................................................18
Section 6.02
Independent Single or Program -Specific Audit...............................................11
ARTICLE XII
Section6.03
Submission of Audit............................................................................................12
Responsibilities and Restrictions Concerning Governing Board, Officers and
ARTICLE VII
CONFIDENTIALITY........................................................................................12
Section12.02
Section7.01
Maintenance of Confidentiality .........................................................................12
Section 7.02
Department Access to PHI and Other Confidential Information ..................
12
Section 7.03
Exchange of Client -Identifying Information....................................................12
Section 7.04
Security of Patient or Client Records................................................................13
Section 7.05
HIV/AIDS Model Workplace Guidelines.........................................................13
ARTICLEVIII
RECORDS RETENTION..................................................................................13
Section8.01
Retention..............................................................................................................13
ARTICLE IX
ACCESS AND INSPECTION...............................................................................14
Section9.01
Access...................................................................................................................14
Section9.02
State Auditor's Office.........................................................................................14
Section9.03
Responding to Deficiencies.................................................................................14
ARTICLE X
NOTICE REQUIREMENTS.................................................................................14
Section 10.01
Child Abuse Reporting Requirement................................................................14
Section10.02
Significant Incidents...........................................................................................15
Section10.03
Litigation..............................................................................................................15
Section10.04
Action Against the Contractor...........................................................................15
Section10.05
Insolvency............................................................................................................15
Section10.06
Misuse of Funds...................................................................................................15
Section 10.07
Criminal Activity and Disciplinary Action.......................................................16
Section10.08
Retaliation Prohibited........................................................................................16
Section10.09
Documentation....................................................................................................16
ARTICLE XI ASSURANCES AND CERTIFICATIONS..........................................................16
Section11.01
Certification.........................................................................................................16
Section 11.02
Child Support Delinquencies.............................................................................17
Section11.03
Authorization.......................................................................................................17
Section 11.04
Gifts and Benefits Prohibited.............................................................................18
Section 11.05
Ineligibility to Receive the Contract..................................................................18
Section11.06
Antitrust...............................................................................................................18
Section 11.07
Initiation and Completion of Work...................................................................18
ARTICLE XII
GENERAL BUSINESS OPERATIONS OF CONTRACTOR .......................18
Section 12.01
Responsibilities and Restrictions Concerning Governing Board, Officers and
Employees.
...............................................................................................................................18
Section12.02
Management and Control Systems....................................................................19
General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 2 of 4
Section12.03
Insurance.............................................................................................................20
Section12.04
Fidelity Bond.......................................................................................................20
Section12.05
Liability Coverage...............................................................................................20
Section12.06
Overtime Compensation.....................................................................................20
Section12.07
Program Site........................................................................................................20
Section12.08
Cost Allocation Plan...........................................................................................20
Section 12.09
Reporting for Unit Rate and Fee For Service Contracts.................................21
Section 12.10
Historically Underutilized Businesses(HUBs).................................................21
Section12.11
Buy Texas.............................................................................................................21
Section 12.12
Contracts with Subrecipient Subcontractors...................................................21
Section12.13
Status of Subcontractors....................................................................................22
Section12.14
Incorporation of Terms......................................................................................22
Section12.15
Independent Contractor.....................................................................................22
Section12.16
Authority to Bind................................................................................................22
Section12.17
Tax Liability........................................................................................................22
Section12.18
Notice of Organizational Change......................................................................23
Section12.19
Quality Management..........................................................................................23
Section 12.20
Equipment (Including Controlled Assets) Purchases......................................23
Section12.21
Supplies................................................................................................................23
Section12.22
Changes to Equipment List................................................................................23
Section 12.23
Property Inventory and Protection of Assets...................................................23
Section12.24
Bankruptcy..........................................................................................................24
Section12.25
Title to Property ..................................................................................................24
Section12.26
Property Acquisitions.........................................................................................24
Section12.27
Disposition of Property.......................................................................................24
Section12.28
Closeout of Equipment.......................................................................................24
Section12.29
Assets as Collateral Prohibited..........................................................................24
ARTICLE XIII GENERAL TERMS............................................................................................25
Section13.01
Assignment...........................................................................................................25
Section13.02
Lobbying..............................................................................................................25
Section13.03
Conflict of Interest..............................................................................................25
Section 13.04
Transactions Between Related Parties..............................................................25
Section13.05
Intellectual Property ...........................................................................................26
Section 13.06
Other Intangible Property .................................................................................27
Section13.07
Severability and Ambiguity ...............................................................................27
Section13.08
Legal Notice.........................................................................................................27
Section13.09
Successors............................................................................................................27
Section13.10 Headings...............................................................................................................27
Section13.11 Parties...................................................................................................................27
Section13.12 Survivability of Terms........................................................................................27
Section13.13 Direct Operation.................................................................................................27
Section13.14 Customer Service Information..........................................................................28
Section13.15 Amendment.........................................................................................................28
Section 13.16 Contractor's Notification of Change to Certain Contract Provisions . .......... 28
Section 13.17 Contractor's Request for Revision of Certain Contract Provisions .............. 28
Section13.18 Immunity Not Waived........................................................................................29
General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 3 of 4
Section 13.19 Hold Harmless and Indemnification.................................................................29
Section13.20 Waiver..................................................................................................................29
Section13.21 Technology Accessibility....................................................................................29
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE...
...............................................................................................................................30
Section 14.01
Actions Constituting Breach of Contract.........................................................30
Section14.02
General Remedies and Sanctions......................................................................30
Section14.03
Notice of Remedies or Sanctions........................................................................32
Section14.04
Emergency Action...............................................................................................33
ARTICLE XV
CLAIMS AGAINST THE DEPARTMENT....................................................33
Section15.01
Breach of Contract Claim..................................................................................33
Section15.02
Notice....................................................................................................................33
Section15.03
Sole Remedy........................................................................................................34
Section15.04
Condition Precedent to Suit...............................................................................34
Section18.06
Section15.05
Performance Not Suspended..............................................................................34
ARTICLEXVI
TERMINATION.................................................................................................34
Section 16.01
Expiration of Contract or Program Attachment(s).........................................34
Section16.02
Effect of Termination.........................................................................................34
Section 16.03
Acts Not Constituting Termination...................................................................34
Section16.04
Termination Without Cause..............................................................................35
Section16.05
Termination For Cause......................................................................................35
Section16.06
Notice of Termination....: ....................................................................................
36
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS .........................36
Section17.01
Void Contracts....................................................................................................36
Section 17.02
Effect of Void, Suspended, or Involuntarily Terminated Contract ............... 36
Section17.03
Appeals Rights.....................................................................................................37
ARTICLE XVIII
CLOSEOUT AND CONTRACT RECONCILIATION................................37
Section18.01
Cessation of Services At Closeout......................................................................37
Section18.02
Administrative Offset.........................................................................................37
Section18.03
Deadline for Closeout.........................................................................................37
Section18.04
Payment of Refunds............................................................................................37
Section 18.05
Disallowances and Adjustments........................................................................37
Section18.06
Contract Reconciliation......................................................................................37
General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 4 of 4
Fiscal Year 2009 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its
subcontractor(s) to comply, with the requirements of the Department's rules of general applicability
and other applicable state and federal statutes, regulations and rules as such statutes, regulations and
rules currently exist and as they may be lawfully amended. The Department rules are located in the
Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard,
or additional requirements beyond those required by applicable statutes, regulations or the Rules, the
terms of this Contract shall control.
Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in
these General Provisions or the Program Attachment(s), Contractor shall comply with the
requirements, eligibility conditions, assurances, certifications and program requirements of the
Solicitation Document, if any, (including any revised or additional terms agreed to in writing by
Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any
subsequent renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any misrepresentation contained in the
Contractor's response to the Solicitation Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting
requirements established by the Department and shall provide any other information requested by the
Department in the format required by DSHS. Failure to submit a required report or additional
requested information by the due date specified in the Program Attachment(s) or upon request
constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and
remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's
future contracting opportunities with the Department.
Section 1.04 Client Eligibility. Where applicable, Contractor shall use financial eligibility criteria,
financial assessment procedures and standards developed by the Department to determine client
eligibility.
Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to
contract formation, performance, interpretation, and any issues that may arise in any dispute between
the Parties, this Contract shall be governed by, and construed in accordance with, the laws of the
State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis
County, Texas.
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable,
federal statutes and regulations, including federal grant requirements applicable to funding sources,
shall apply to this Contract. Contractor agrees to comply with applicable laws, executive orders,
regulations and policies as well as Office of Management and Budget (OMB) Circulars, the Uniform
Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, as amended,
and Uniform Grant Management Standards (UGMS), as amended, by revised federal circulars and
incorporated in UGMS by the Governor's Budget, Planning and Policy Division. UGMA is located
on the Internet at http://tlo2.tic.state.tx.us/statutes/statutes.html; the UGMS are located on the
General Provisions (Core Subrecipient 2009) 6/5/08 Page 1 of 38
Internet at http://www.govemor.state.tx.us/divisions/state rg ants/guidelines/files[UGMS062004.doc,
Contractor also shall comply with all applicable federal and state assurances contained in UGMS,
Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14
If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, as
specified on the Internet at httn://whitehouse.gov/omb/grants/chart.html, and the U.S. Health and
Human Services Grants Policy Statement located on the Internet at
http://www.hhs.gov/grantsnet/does/HHSGPS 107.doc. For contracts funded by block grants,
Contractor shall comply with Tex. Gov. Code Chapter 2105.
Section 1.07 Statutes and Standards of General Applicability. It is Contractor's responsibility to
review and comply with all applicable statutes, rules, regulations, executive orders and policies. To
the extent applicable to Contractor, Contractor agrees to comply with the following:
a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent
amendments) that collectively prohibit discrimination on the basis of race, color, national
origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities,
age, substance abuse, political belief or religion: 1) Title VI of the Civil Rights Act of 1964,
42 USCA §§ 2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USCA §§
1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USCA §
794(a); 4) the Americans with Disabilities Act of 1990, 42 USCA §§ 12101 et seq.; 5) Age
Discrimination Act of 1975, 42 USCA §§ 6101-6107; 6) Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USCA § 290dd (b)(1);
7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment
Opportunity E. 0. 11246, as amended and supplemented; 9) Tex. Lab. Code Chapter 21; 10)
Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or
7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; and 12)
DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs;
b) Drug Abuse Office and Treatment Act of 1972, 21 USCA §§ 1101 et seq., relating to drug
abuse;
c) Public Health Service Act of 1912, §§ 523 and 527, 42 USCA § 290dd-2, and 42 CFR Part 2,
relating to confidentiality of alcohol and drug abuse patient records;
d) Title VIII of the Civil Rights Act of 1968, 42 USCA §§ 3601 et seq., relating to
nondiscrimination in housing;
e) Immigration Reform and Control Act of 1986, 8 USCA § 1324a, regarding employment
verification;
f) Pro -Children Act of 1994, 20 USCA §§ 6081-6084, regarding the non-use of all tobacco
products;
g) National Research Service Award Act of 1971, 42 USCA §§ 289a-1 et seq., and 6601 (PL 93-
348 and PL 103-43), as amended, regarding human subjects involved in research;
h) Hatch Political Activity Act, 5 USCA §§ 1501-1508 and 7321-26, which limits the political
activity of employees whose employment is funded with federal funds;
i) Fair Labor Standards Act, 29 USCA §§ 201 et seq., and the Intergovernmental Personnel Act
of 1970,42 USCA §§ 4701 et seq., as applicable, concerning minimum wage and maximum
hours;
j) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with
disabilities;
General Provisions (Core Subrecipient 2009) 6/5/08 Page 2 of 38
k) Texas Workers' Compensation Act, Tex. Lab. Code, Chapters 401-406 and 28 Tex. Admin.
Code Part 2, regarding compensation for employees' injuries;
1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the
regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens,
29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for
handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment
of laboratory animals;
o) environmental standards pursuant to the following: 1) Institution of environmental quality
control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-
4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of
Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order
11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal
Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3)
Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation
of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 93-234); 5) Assurance of project consistency with
the approved State Management program developed under the Coastal Zone Management Act
of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et
seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, 42 USC §§ 300f -300j; 8) Protection of endangered species under the Endangered
Species Act of 1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean
air implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10) Wild
and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain rivers
system; and 11) Lead -Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.)
prohibiting the use of lead-based paint in residential construction or rehabilitation;
p) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel merit
systems for programs specified in Appendix A of the federal Office of Program
Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900,
Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is
acquired as a result of Federal or federally -assisted programs;
r) Davis -Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18
USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-333),
regarding labor standards for federally -assisted construction subagreements;
s) National Historic Preservation Act of 1966, §106 (16 USC § 470), Executive Order 11593,
and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.)
regarding historic property to the extent necessary to assist DSHS in complying with the Acts;
t) financial and compliance audits in accordance with Single Audit Act Amendments of 1996
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit
Organizations;" and
General Provisions (Core Subrecipient 2009) 6/5/08 Page 3 of 38
u) requirements of any other applicable state and federal statutes, executive orders, regulations,
rules and policies.
If this Contract is funded by a grant or cooperative agreement, additional state or federal
requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein
by reference.
Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts.
Certain sections or portions of sections of these General Provisions shall not apply to Contractors that
are State agencies or units of local government; and certain additional provisions shall apply to such
Contractors.
a) The following sections or portions of sections of these General Provisions shall not apply to
interagency or interlocal contracts:
1) Hold Harmless and Indemnification, Section 13.19;
2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the
word "employees" in the fourth sentence; the remainder of the section applies);
3) Insurance, Section 12.03;
4) Liability Coverage, Section 12.05;
5) Fidelity Bond, Section 12.04;
6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply
with HUB requirements of other statutes and rules specifically applicable to that entity);
7) Debt to State and Corporate Status, Section 3.01;
8) Application of Payment Due, Section 3.02; and
9) Article XV Claims against the Department (This Article is inapplicable to interagency
contracts only).
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with the
provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771.
2) The Parties hereby certify that (1) the services specified are necessary and essential for the
activities that are properly within the statutory functions and programs of the affected
agencies of State government; (2) the proposed arrangements serve the interest of efficient
and economical administration of the State government; and (3) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the Constitution of
the State of Texas to be supplied under contract given to the lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health &
Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority
to enter into and perform this Contract.
c) The following additional provisions shall apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues available to DSHS.
3) Each Party represents that it has been authorized to enter into this Contract.
d) Contractor agrees that Contract Revision Requests, when signed by a duly authorized
representative of Contractor, shall be effective as of the effective date specified by the
General Provisions, (Core Subrecipient 2009) 6/5/08 Page 4 of 38
Department, whether that date is prior to or after the date of any ratification by Contractor's
governing board.
Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the
Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's
civil rights policies and procedures. Contractor must notify HHSC's Office of Civil Rights of any
civil rights complaints received relating to performance under this Contract no more than ten (10)
calendar days after Contractor's receipt of the claim. Notice must be directed to —
HHSC Civil Rights Office
701 W. 51 st St., Mail Code W206
Austin, Texas 78751
Toll-free phone (888) 388-6332
Phone (512) 438-4313
TTY Toll-free (877) 432-7232
Fax (512) 438-5885
ARTICLE II SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure
that all persons, who are housed in Department licensed and/or funded residential facilities and who
are twenty-two (22) years of age or younger, have access to educational services as required by Tex.
Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention
program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date
a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services.
In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist,
and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the
appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as
appropriate, in the following areas: community evacuation; health and medical assistance; assessment
of health and medical needs; health surveillance; medical care personnel; health and medical
equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug,
and medical device safety; worker health and safety; mental health and substance abuse; public health
information; vector control and veterinary services; and victim identification and mortuary services.
Disaster services shall be carried out in the manner most responsive to the needs of the emergency, be
cost effective, and be least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or through contracts
with subcontractors, the treatment of a minor shall be provided only if informed consent to treatment
is obtained pursuant to Tex. Fam. Code, Chapter 32 relating to consent to treatment of a child by a
General Provisions (Core Subrecipient 2009) 6/5/08 Page 5 of 38
non -parent or child or pursuant to other state law. If requirements of federal law relating to consent
directly conflict with Tex. Fain. Code Chapter 32, federal law shall supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a provider uses
telemedicine/telepsychiatry that the services are implemented in accordance with written procedures
and using protocol approved by the Contractor's medical director and utilizing equipment that
complies with the equipment standards as required by the Department. Procedures of telemedicine
service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated physician responsible for
medical leadership;
b) contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by telemedicine at
the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws;
e) use by credentialed licensed providers providing clinical care within the scope of their
licenses;
fj demonstrated competency in the operations of the system by all staff members who are
involved in the operation of the system and provision of the services prior to initiating the
protocol;
g) priority in scheduling the system for clinical care of individuals;
h) quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that ensures timely
access to accurate information between the two sites.
Telemedicine Medical Services does not include chemical dependency treatment services provided
by electronic means under Rule §448.911.
Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule
of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code §
12.032, DSHS Rule § 1.91 covering Fees for Personal Health Services, and other applicable laws or
grant requirements. The amount of a fee shall not exceed the actual cost of providing the services.
No patient may be denied a service due to inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. If medications are funded under this
Contract, Contractor shall make needed medications available to clients at the lowest possible prices
and use the most cost effective medications purchasing arrangement possible.
Section 2.07 Services and Information for Persons with Limited English Proficiency.
Contractor agrees to take reasonable steps to provide services and information both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to programs, benefits,
and activities. Contractor shall identify and document on the client records the primary
language/dialect of a client who has limited English proficiency and the need for translation or
interpretation services and shall not require a client to provide or pay for the services of a translator
or interpreter. Contractor shall make every effort to avoid use of any persons under the age of 18 or
General Provisions (Core Subrecipient 2009) 6/5/08 Page 6 of 38
any family member or friend of the client as an interpreter for essential communications with a client
with limited English proficiency unless the client has requested that person and the use of such a
person would not compromise the effectiveness of services or violate the client's confidentiality and
the client is advised that a free interpreter is available.
ARTICLE III FUNDING
Section 3.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055, the
Department will not approve and the State Comptroller will not issue payment to Contractor if
Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a
corporation, certifies by execution of this Contract that it is current and will remain current in its
payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Tex. Tax Code §§ 171.001 et seq., as amended). Contractor, if a corporation,
further certifies that it is and will remain in good standing with the Secretary of State's office. A
false statement regarding franchise tax or corporate status is a material breach of this Contract. If
franchise tax payments become delinquent during the Contract term, all or part of the payments under
this Contract may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any payments due under this
Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes
and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department funds only for the
provision of approved services and for reasonable and allowable expenses directly related to those
services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided through this Contract
shall not be used for matching purposes in securing other funding unless directed or approved by the
Department in writing.
Section 3.05 Program Income. Gross income directly generated from Department funds through a
project or activity performed under a Program Attachment and/or earned only as a result of a
Program Attachment during the term of the Program Attachment are considered program income.
Unless otherwise required under the terms of the grant funding this Contract, the addition alternative,
as provided in UGMS § _.25(g)(2), for the use of program income shall be used by Contractor to
further the program objectives of the state or federal statute under which the Program Attachment
was made, and it shall be spent on the same Program Attachment project in which it was generated.
Contractor shall identify and report this income in accordance with the Compliance and Reporting
Article of these General Provisions and the provisions of the Program Attachment(s). Contractor
shall expend program income during the Program Attachment term and may not carry forward to the
succeeding term. Program income not expended in the term in which it is earned shall be refunded to
DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying,
General Provisions (Core Subrecipient 2009) 6/5/08 Page 7 of 38
billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to
replace or substitute existing funding from other sources that also supports the activities that are the
subject of this Contract) but rather shall use funds from this Contract to supplement existing state or
local funds currently available for a particular activity. Contractor shall make a good faith effort to
maintain its current level of support. Contractor may be required to submit documentation
substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or
expected receipt of fimding under this Contract.
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS
Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the Program
Attachment(s), the payment method for each program shall be one of the following methods:
a) cost reimbursement. This payment method is based on an approved budget in the Program
Attachment(s) and acceptable submission of a request for reimbursement; or
b) unit rate/fee for service. This payment method is based on a specified rate(s) or fee(s) for a
specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission
of all required forms and/or deliverable(s).
Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the
Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in
the Program Attachment(s), Contractor shall submit requests for reimbursement or payment monthly
within thirty (30) calendar days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor
shall submit a reimbursement or payment request as a final close-out bill not later than sixty (60)
calendar days following the end of the term of the Program Attachment for goods received and
services rendered during the term. If necessary to meet this deadline, Contractor may submit
reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests
received in DSHS's offices more than sixty (60) calendar days following the end of the applicable
term will not be paid. Consideration of requests for an exception will be made on a case-by-case
basis, subject to the availability of funding, and only for an extenuating circumstance, such as, a
catastrophic event, natural disaster, or criminal activity that substantially interferes with normal
business operations, or causes damage or destruction of a place of business and/or records. A written
statement describing the extenuating circumstance and the last request for reimbursement must be
submitted for review and approval to the DSHS Accounting Section.
Section 4.04 Working Capital Advance. If allowed under this Contract, a single one-time
working capital advance per term of the Program Attachment may be granted at the Department's
discretion. Contractor must submit documentation to the Division Contract Management Unit
General Provisions (Core Subrecipient 2009) 6/5/08 Page 8 of 38
assigned to the Program Attachment to justify the need for a working capital advance. The working
capital advance must be liquidated as directed by the Department. The requirements for the
documentation justifying the need for an advance and the directions for liquidating the advance are
found in the Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts.
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided in these General
Provisions or in the terms of the Program Attachment(s), for contracts with categorical budgets,
Contractor shall submit quarterly FSRs to Accounts Payable by the thirtieth calendar day of the
month following the end of each quarter of the Program Attachment term for Department review and
financial assessment. The final FSR must be submitted not later than sixty (60) days following the
end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity who has the legal
responsibility for paying for all or part of the services provided, including commercial health or
liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources.
Except as provided in this Contract, Contractor shall screen all clients and shall not bill the
Department for services eligible for reimbursement from third party payors. Contractor shall: (a)
enroll as a provider in Children's Health Insurance Plan and Medicaid if providing approved services
authorized under this Contract that may be covered by those programs, and bill those plans for the
covered services; (b) provide assistance to individuals to enroll in such programs when the screening
process indicates possible eligibility for such programs; (c) allow clients that are otherwise eligible
for Department services, but cannot pay a deductible required by a third party payor, to receive
services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill
the Department for any services eligible for third party reimbursement until all appeals to third party
payors have been exhausted; (e) maintain appropriate documentation from the third party payor
reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and (g) provide third
party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this
Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a
signed Contract and will not exceed the total amount of authorized funds under this Contract.
Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been
authorized by the Department and performed or provided pursuant to this Contract. If those
conditions are met, Department will make payment in accordance with the Texas prompt payment
law (Tex. Gov. Code Chapter 2251). Contractor must comply with Tex. Gov. Code Chapter 2251
regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department
shall not constitute acceptance or approval of Contractor's performance, and all invoices and
Contractor's performance is subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of any payments to
Contractor to offset reimbursement for any ineligible expenditures or overpayments that Contractor
General Provisions (Core Subrecipient 2009) 6/5/08 Page 9 of 38
has not refunded to Department, or if financial status report(s) required by the Department are not
submitted by the date(s) due. Department may take repayment from funds available under this
Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse program
income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds
before requesting cash payments including any advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health
Services section. Contractor shall accept reimbursement or payment from DSHS as payment in full
for services or goods provided to clients, and Contractor agrees to not seek additional reimbursement
or payment for services or goods from clients.
Section 5.05 No Fee or Profit. Except as provided in Section 2.05, Fees for Personal Health
Services, Contractor shall not charge a fee or make a profit with respect to the Contract. A fee or
profit is considered to be an amount in excess of actual allowable costs that are incurred in
conducting an assistance program.
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
Section 6.01 Allowable Costs. For services satisfactorily performed pursuant to this Contract,
DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost within the
applicable term to be eligible for reimbursement under this Contract and prior to claiming
reimbursement. DSHS shall determine whether costs submitted by Contractor are allowable and
reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will
notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30)
calendar days of the date of this written notice. DSHS may withhold all or part of any payments to
Contractor to offset reimbursement for any ineligible expenditures that Contractor has not refunded to
DSHS, or if financial status report(s) required under the Financial Status Reports section are not
submitted by the date(s) due. DSHS may take repayment from funds available under any term of this
Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations.
Applicable cost principles, audit requirements, and administrative requirements include:
Applicable Entity
Applicable Cost
Principles
Audit
Requirements
Administrative
Requirements
State, Local and
OMB Circular
OMB Circular
UGMS, OMB
Tribal Governments
A-87
A-133 and UGMS
Circular A-102, and
applicable Federal
awarding agency
common rule
Educational
OMB Circular
OMB Circular
OMB Circular A-110
Institutions
A-21
A-133 and UGMS
and applicable Federal
awarding agency
common rule
General Provisions (Core Subrecipient 2009) 6/5/08 Page 10 of 38
Non -Profit
Organizations
OMB Circular
A-122
OMB Circular
A-133 and UGMS
UGMS; OMB
Circular A-110 and
applicable Federal
awarding agency
common rule
For-profit
48 CFR Part 31,
Program audit
UGMS and applicable
Organization other
Contract Cost
conducted by an
Federal awarding
than a hospital and an
Principles
independent
agency common rule
organization named in
Procedures, or
certified public
OMB Circular A-122
uniform cost
accountant in
as not subject to that
accounting
accordance with
circular.
standards that
Governmental
comply with cost
Auditing
principles
Standards.
acceptable to the
federal or state
awardin agency
A chart of applicable common rules is located on the Internet at
http://www.whitehouse.gov/omb/grants/chart.html. OMB Circulars will be applied with the
modifications prescribed by UGMS with effect given to whichever provision imposes the more
stringent requirement in the event of a conflict.
Section 6.02 Independent Single or Program -Specific Audit. If Contractor within Contractor's
fiscal year expends a total amount of at least $500,000 in state funds awarded or at least $500,000 in
federal funds awarded, Contractor must have a single audit or program -specific audit in accordance
with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P
L 98-502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat.
1396. The $500,000 federal threshold amount includes federal funds passed through by way of state
agency awards. The HHSC Office of Inspector General (OIG) will notify the Contractor to complete
the Single Audit Determination Registration Form. If Contractor fails to complete the Single Audit
Determination Form within thirty (30) days after notification by OIG to do so, Contractor shall be
subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit shall be
conducted by an independent certified public accountant and in accordance with applicable OMB
Circulars, Government Auditing Standards, and Uniform Grant Management Standards (UGMS)
located on the Internet at
http://www.govemor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc. Contractor
shall procure audit services in compliance with this section, state procurement procedures, as well as
with the provisions of UGMS. Contractor, unless Contractor is a governmental entity, shall
competitively re -procure independent single audit services every five (5) years and shall not use the
same lead or coordinating audit partner (having primary responsibility for the audit) to conduct the
independent audit for more than five (5) consecutive years. Procurement of audit services must
comply with the procurement standards of 45 CFR Part 74 or 92, as applicable, including obtaining
General Provisions (Core Subrecipient 2009) 6/5/08 Page 11 of 38
competition and making positive efforts to use small, minority-owned, and women -owned business
enterprises.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports
required by this section, Contractor shall submit one copy to the Department's Contract Oversight
and Support Section, and one copy to the Texas Health and Human Services Commission (HHSC),
Office of Inspector General (OIG), at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
P.O. Box 149347
Austin, Texas 78714-9347
Texas Health and Human Services Commission
Office of Inspector General
Compliance/Audit, Mail Code 1326
P.O. Box 85200
Austin, Texas 78708-5200
If Contractor fails to submit the audit report as required by this section within thirty (30) days of
receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies
for non-compliance with this Contract.
ARTICLE VII CONFIDENTIALITY
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and
confidentiality of information and records received during or related to the performance of this
Contract, including patient and client records that contain protected health information (PHI), and any
other information that discloses confidential personal information or identifies any client served by
DSHS, in accordance with applicable federal and state laws and Rules, including but not limited to 7
CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and
Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161,
181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and
all applicable Rules.
Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall
cooperate with Department to allow Department to request, collect and receive PHI and other
confidential information under this Contract, without the consent of the individual to whom the PHI
relates, for funding, payment and administration of the grant program, and for purposes permitted
under applicable state and federal confidentiality and privacy laws.
Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law,
Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR §
164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or
other applicable laws or rules. Contractor shall disclose information described in Tex. Health &
General Provisions (Core Subrecipient 2009) 6/5/08 Page 12 of 38
Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex.
Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that
the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law.
Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and client
records in compliance with state and federal law relating to security and retention of medical or
mental health and substance abuse patient records. Department may require Contractor to transfer
original or copies of patient and client records to Department, without the consent or authorization of
the patient or client, upon termination of this Contract or a Program Attachment to this Contract. as
applicable, or if the care and treatment of the individual patient or client is transferred to another
entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall
attempt to obtain consent from the patient or client to transfer copies of patient or client records to
another entity funded by DSHS upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor.
Section 7.05 HIV/AIDS Model Workplace Guidelines. if providing direct client care, services,
or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human
immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for
Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate
employees and clients concerning HIV and its related conditions, including AIDS, in accordance with
the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be
found at http://www.dshs.state.tx.us/hivstd/policy/pdf/090021.pdf.
ARTICLE VIII RECORDS RETENTION
Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and
federal statutes and regulations. At a minimum, Contractor shall retain and preserve all other records,
including financial records that are generated or collected by Contractor under the provisions of this
Contract, for a period of four (4) years after the termination of this Contract. If services are funded
through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor
shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the
litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for
Contractor may extend beyond the retention schedules established in this section. Contractor shall
retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or
other applicable statutes and regulations governing medical information. Contractor shall ensure that
this provision concerning records retention is included in any subcontract it awards. If Contractor
ceases business operations, it shall ensure that records relating to this Contract are securely stored and
are accessible by the Department upon Department's request for at least four (4) years from the date
Contractor ceases business or from the termination date of this Contract, whichever is sooner.
Contractor shall provide the name and address of the party responsible for storage of records to the
Division Contract Management Unit assigned to the Program Attachment.
General Provisions (Core Subrecipient 2009) 6/5/08 Page 13 of 38
ARTICLE IX ACCESS AND INSPECTION
Section 9.01 Access. In addition to any right of access arising by operation of law, Contractor, and
any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the
Department or any of its duly authorized representatives, as well as duly authorized federal, state or
local authorities, including the Comptroller General of the United States, OIG, and the State
Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is
conducted or client services are performed, and all records (including client and patient records, if
any), books, papers or documents related to this Contract. If deemed necessary by the Department or
the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents
related to this Contract. Further, Contractor shall ensure that information collected, assembled or
maintained by the Contractor relative to this Contract is available to the Department for the
Department to respond to requests that it receives under the Public Information Act. The Department
and HHSC will have the right to audit billings both before and after payment. Payments will not
foreclose the right of Department and HHSC to recover excessive or illegal payments. Contractor
shall ensure that this provision concerning the right of access to, and examination of, information
related to this Contract is included in any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books,
papers, documents, or recordings related to this Contract available for inspection, audit, or
reproduction during normal business hours to any authorized representative of the SAO. The
Contractor understands that the acceptance of funds under this Contract acts as acceptance of the
authority of the SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The Contractor further agrees to cooperate fully with the SAO or its successor in
the conduct of the audit or investigation, including providing all records requested, and providing
access to any information the SAO considers relevant to the investigation or audit. Contractor shall
ensure that this provision concerning the authority to audit funds will apply to funds received
indirectly by subcontractors through the Contractor, and the requirement to cooperate, is included in
any subcontract it awards.
Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon
examination of Contractor's records will be conveyed in writing to Contractor. Contractor shall
submit, by the date prescribed by DSHS, a resolution to the deficiency in a program review or
management or financial audit to the satisfaction of DSHS. A DSHS or HHSC determination of
either an inadequate or inappropriate resolution of the findings may result in contract remedies or
sanctions under the Breach of Contract and Remedies for Non -Compliance Article of these General
Provisions.
ARTICLE X NOTICE REQUIREMENTS
Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and
substance abuse contractors and contractors for the following public health programs: HIV/STD;
Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and WIC
General Provisions (Core Subrecipient 2009) 6/5/08 Page 14 of 38
Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting
guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of
child abuse and neglect. Contractor shall develop, implement and enforce a written policy that
includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy
for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the
DSHS Child Abuse Reporting Form as required by the Department located at
www.dshs.state.tx.us/childabusereportiniz. Contractor shall retain reporting documentation on site
and make it available for inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor
shall report to the Division Contract Management Unit assigned to the Program Attachment
significant incidents involving substantial disruption of program operation or potentially affecting
Department -funded clients or participants within seventy-two (72) hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract Management Unit assigned
to the Program Attachment of litigation related to or affecting this Contract and to which Contractor
is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but
is not limited to an action, suit or proceeding before any court or governmental body, including
environmental and civil rights matters, professional liability, and employee litigation. Notification
shall include the names of the parties, nature of the litigation and remedy sought, including amount of
damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment if Contractor has had a contract suspended or
terminated for cause by any local, state or federal department or agency or nonprofit entity within
three (3) working days of the suspension or termination. Such notification shall include the reason
for such action; the name and contact information of the local, state or federal department or agency
or entity; the date of the contract; and the contract or case reference number. If the Contractor, as an
organization, has surrendered its license or has had its license suspended or revoked by any local,
state or federal department or agency or non-profit entity, it shall disclose this information within
three (3) working days of the surrender, suspension or revocation to the Division Contract
Management Unit assigned to the Program Attachment by submitting a one page description that
includes the reason(s) for such action; the name and contact information of the local, state or federal
department or agency or entity; the date of the license action; and a license or case reference number.
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract Management
Unit assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding
unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC)
within three (3) working days of the date of determination that Contractor is insolvent or
incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor
shall notify in writing the Division Contract Management Unit assigned to the Program Attachment
of its plan to seek bankruptcy protection within three (3) working days of such action by the
Contractor's board of directors.
Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment and to the SAO, any knowledge of debarment, suspected fraud,
program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules,
General Provisions (Core Subrecipient 2009) 6/5/08 Page 15 of 38
policies, and procedures related to performance under this Contract. Contractor shall make such
report no later than three (3) working days from the date that the Contractor has knowledge or reason
to believe such activity has taken place. Contractor shall make the report to the SAO at (800) TX -
AUDIT, or by Internet at http://www.sao.state.tx.us.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who
has an ownership or controlling interest in the organization or who is an agent or managing employee
of the organization has been placed on community supervision, received deferred adjudication, is
presently indicted for or has been convicted of a criminal offence related to any financial matter,
federal or state program or felony sec crime. Contractor shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment if it has reason to believe Contractor, or a
person with ownership or controlling interest in the organization or who is an agent or managing
employee of the organization, an employee or volunteer of Contractor, or a subcontractor has
engaged in any activity that would constitute a criminal offense equal to or greater than a Class A
misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state
or federal regulatory authority, or has been placed on community supervision, received deferred
adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any
financial matter, federal or state program or felony sex crime. Contractor shall make the reports
required by this section no later than three (3) working days from the date that the Contractor has
knowledge or reason to believe such activity has taken place. Contractor shall ensure that any person
who engaged, or was alleged to have engaged, in an activity subject to reporting under this section is
prohibited from performing direct client services or from having direct contact with clients, unless
otherwise directed by DSHS.
Section. 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports
a violation of, or cooperates with an investigation regarding, any applicable law, rule, or standard to
the SAO, the Department, another state agency, or any federal, state or local law enforcement
official.
Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices.
ARTICLE XI ASSURANCES AND CERTIFICATIONS
Section 11.01 Certification. Contractor certifies by execution of this Contract to the following:
a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state
assistance programs;
b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment,
declared ineligible, or excluded from participation in this transaction by any federal or state
department or agency;
c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to
a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the
balance of a debt;
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e) it is in good standing with all state and/or federal agencies that have a contracting or
regulatory relationship with Contractor;
f) that no person who has an ownership or controlling interest in Contractor or who is an agent
or managing employee of Contractor has been convicted of a criminal offense related to
involvement in any program established under Medicare, Medicaid, or a federal block grant;
g) neither it, nor its principals have within the three-year period preceding this Contract, has
been convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offence in connection with obtaining, attempting to obtain, or performing a private or
public (federal, state or local) transaction or contract under a private or public transaction,
violation of federal or state antitrust statutes (including those proscribing price fixing between
competitors, allocation of customers between competitors and bid rigging), or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any
other offense indicating a lack of business integrity or business honesty that seriously and
directly affects the present responsibility of Contactor or its principals;
h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by
a governmental entity (federal, state or local) with the commission of any of the offenses
enumerated in subsection g) of this section; and
i) neither it, nor its principals within a three-year period preceding this Contract has had one or
more public transaction (federal, state or local) terminated for cause or default.
Contractor shall include the certifications in this section, without modification (except as required to
make applicable to the subcontractor), in all subcontracts and solicitations for subcontracts. Where
Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an
explanation to the Division Contract Management Unit assigned to the Program Attachment. If
Contractor's status with respect to the items certified above changes during the term of this Contract,
Contractor shall immediately notify the Division Contract Management Unit assigned to the Program
Attachment.
Section 11.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child
support obligor who is more than thirty (30) calendar days delinquent in paying child support and a
business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an
ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state
funds under a contract to provide property, materials, or services or receive a state -funded grant or
loan. If applicable, Contractor agrees to maintain its eligibility to receive payments under this
Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and
acknowledges that this Contract may be terminated and payment may be withheld if this certification
is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority to contract for the
services set forth in this Contract and that a resolution, motion or similar action has been duly
adopted or passed as an official act of the Contractor's governing body, authorizing the binding of the
organization under this Contract including all understandings and assurances contained in this
Contract, and directing and authorizing the person identified as the authorized representative of the
General Provisions (Core Subrecipient 2009) 6/5/08 Page 17 of 38
Contractor to act in connection with this Contract and to provide such additional information as may
be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to
give, nor intends to give at any time hereafter, any economic opportunity, present or future
employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value
to a DSHS or HHSC official or employee in connection with this Contract.
Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004
and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial
participation by a person who received compensation from DSHS to participate in developing,
drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document
on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor
anyone acting for the Contractor has received compensation from DSHS for participation in the
development, drafting or preparation of specifications, requirements or statement(s) of work for this
Contract or in the Solicitation Document on which this Contract is based; (b) Pursuant to Tex. Gov.
Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if the Contractor or
any person who would have financial participation in this Contract has been convicted of violating
federal law, or been assessed a federal civil or administrative penalty, in connection with a contract
awarded by the federal government for relief, recovery or reconstruction efforts as a result of
Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor
certifies that the individual or business entity named in this Contract is not ineligible to receive the
specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that
this Contract may be terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Pursuant to 15 USCA Sec. 1, et seq. and Tex. Bus. & Comm. Code §
15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for the Contractor has
violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or
indirectly regarding a bid with any competitor or any other person engaged in such line of business
for the purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and
complete the work under this Contract within the applicable time frame prescribed in this Contract.
ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR
Section 12.01 Responsibilities and Restrictions Concerning Governing Board, Officers and
Employees. Contractor and its governing board shall bear full responsibility for the integrity of the
fiscal and programmatic management of the organization. This provision applies to all organizations,
including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-
profit organizations. Each member of Contractor's governing board shall be personally accountable
General Provisions (Core Subrecipient 2009) 6/5/08 Page 18 of 38
for all funds and materials received from Department. Within thirty (30) days of the beginning of the
term of each Contract (including each renewal of the Contract, if any), each member of Contractor's
board shall sign a statement affirming his or her acknowledgement of personal accountability for
Contract funds on a form supplied by Department. New members of the board shall sign the
statement within thirty (30) days of becoming a board member. Contractor shall maintain the signed
form for inspection by DSHS. The responsibility of Contractor's governing board shall also include
accountability for compliance with Department Rules, policies, procedures, and applicable federal
and state laws and regulations; and correction of fiscal and program deficiencies identified through
self-evaluation and Department's monitoring processes. Further, Contractor's governing board shall
ensure separation of powers, duties, and functions of board members and staff. Staff members,
including the executive director, shall not serve as voting members of the Contractor's governing
board. No member of Contractor's governing board, or officer or employee of Contractor shall vote
for, confirm or act to influence the employment, compensation or change in status of any person
related within the second degree of affinity or the third degree of consanguinity (as defined in Tex.
Gov. Code.Chapter 573) to the member of the governing body or the officer or any employee
authorized to employ or supervise such person. This prohibition does not prohibit the continued
employment of a person who has been continuously employed for a period of two (2) years prior to
the election, appointment or employment of the officer, employee, or governing body member related
to such person in the prohibited degree. These restrictions shall also apply to the governing board,
officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other
requirements contained or referenced in this Contract shall not constitute a defense or basis for
waiving or appealing such provisions or requirements.
Section 12.02 Management and Control Systems. Contractor shall comply with all the
requirements of the Department's Contractor's Financial Procedures Manual, and any of its
subsequent amendments, which is available at the Department's web site:
hgp://www.dshs.state.tx.us/contracts. Contractor shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. Contractor shall
develop, implement, and maintain financial management and control systems that meet or exceed the
requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual. Those requirements shall include at a minimum:
a) financial planning, including the development of budgets that adequately reflect all functions
and resources necessary to carry out authorized activities and the adequate determination of
costs;
b) financial management systems that include accurate accounting records that are accessible
and identify the source and application of funds provided under each Program Attachment of
this Contract, original source documentation substantiating that costs are specifically and
solely allocable to the Program Attachment and are traceable from the transaction to the
general ledger; and
c) effective internal and budgetary controls; comparison of actual costs to budget; determination
of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and
resolution of any findings; billing and collection policies; and a mechanism capable of billing
and making reasonable efforts to collect from clients and third parties.
General Provisions (Core Subrecipient 2009) 6/5/08 Page 19 of 38
Section 12.03 Insurance. Contractor shall maintain insurance or other means of replacing assets
purchased with Department funds.
Section 12.04 Fidelity Bond. Contractor is required to carry a fidelity bond or insurance coverage
equal to the amount of funding provided under this Contract up to $100,000 that covers each
employee of Contractor handling funds under this Contract, including person(s) authorizing payment
of such funds. The fidelity bond or insurance shall provide for indemnification of losses occasioned
by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either
individually or in concert with others, and/or (2) failure of Contractor or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue
of his/her position or employment.
Section 12.05 Liability Coverage. Contractor shall also maintain liability insurance coverage,
referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage," where
Contractor is a legal entity that is required to have directors and/or officers. This provision applies to
entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act;
for-profit corporations organized under the Texas Business Corporations Act; and any other legal
entity that is required under Texas law to have directors and/or officers. Contractor shall maintain
liability insurance coverage in an amount not less than the total value of this Contract and that is
sufficient to protect the interests of Department in the event an actionable act or omission by a
director or officer of Contractor damages Department's interests.
Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall. not use
any of the funds provided by this Contract to pay the premium portion of overtime. Contractor shall
be responsible for any obligations of premium overtime pay due employees. Premium overtime pay
is defined as any compensation paid to an individual in addition to the employee's normal rate of pay
for hours worked in excess of normal working hours. Funds provided under this Contract may be
used to pay the premium portion of overtime only under the following conditions: 1) with the prior
approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational
bottleneck; 3) when employees are performing indirect functions, such as administration,
maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations
that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5)
when lower overall cost to DSHS will result.
Section 12.07 Program Site. All Contractors shall ensure that the location where services are
provided is in compliance with all applicable local, state and federal zoning, building, health, fire,
and safety standards.
Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format
provided in the Department's Contractor's Financial Procedures Manual to the Department's
Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-
9347, except under the circumstance where a Contractor has a current Cost Allocation Plan on file
with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If
Contractor's plan is the same as in the previous year, by signing this Contract, Contractor certifies
General Provisions (Core Subrecipient 2009) 6/5/08 Page 20 of 38
that its current Cost Allocation Plan for the current year is the same as that submitted to DSHS for the
previous year. In the event that the Cost Allocation Plan changes during the Contract term, Contractor
must submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty
(30) calendar days after the effective date of the change. Cost Allocation Plan must comply with the
guidelines provided in the Department's Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts.
Section 12.09 Reporting for Unit Rate and Fee For Service Contracts. Contractor shall submit
reports concerning unit rate and fee-for-service contracts to the Department in accordance with the
requirements stated in the Department's Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts.
Section 12.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to
submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment,
Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS as set
forth in Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.14 et seq. Contractors may
obtain a list of HUBs at hqp://www.window.state.tx.us/procurement/prog/hub. If Contractor has
filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor
desires to make a change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan before proposed changes will be effective under this Contract.
Contractor agrees to make a good faith effort to subcontract with HUBs during the performance of
this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the
15th day of each month for the prior month's activity, if there was any such activity, in accordance
with 34 Tex. Admin. Code § 20.16(c).
Section 12.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when
the products and materials are available at a price and time comparable to products and materials
produced outside of Texas as required by Tex. Gov. Code § 2155.4441.
Section 12.12 Contracts with Subrecipient Subcontractors. Contractor may enter into contracts
with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program
Attachment(s). Prior to entering into an agreement equaling or exceeding $100,000, Contractor shall
obtain written approval from DSHS. Contracts with subcontractors shall be in writing and include the
following:
a) name and address of all parties;
b) a detailed description of the services to be provided;
c) measurable method and rate of payment and total amount of contract;
d) clearly defined and executable termination clause;
e) beginning and ending dates that coincide with the dates of the applicable Program
Attachment(s) or that cover a term within the beginning and ending dates of the applicable
Program Attachment(s);
f) access to inspect the work and the premises on which any work is performed, in accordance
with the Access and Inspection Article in these General Provisions; and
g) a copy of these General Provisions and a copy of the Statement of Work and any other
provisions in the Program Attachment(s) applicable to the subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall
monitor subcontractors for both financial and programmatic performance and shall maintain pertinent
General Provisions (Core Subrecipient 2009) 6/5/08 Page 21 of 38
records that shall be available for inspection by DSHS. Contractor shall ensure that subcontractors are
fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and
under this Contract. Contractor shall not contract with a subcontractor, at any tier, that is debarred or
suspended or excluded from or ineligible for participation in federal assistance programs.
Section 12.13 Status of Subcontractors. Contractor shall include in all its contracts with
subcontractors, the certifications stated in the Assurances and Certifications Article of these General
Provisions. Contractor shall also require all subcontractors to certify that they are not delinquent on
any repayment agreements; have not had a required license or certification revoked; and have not had
a contract terminated by the Department. Contractors shall fiirther require that subcontractors certify
that they have not voluntarily surrendered within the past three (3) years any license issued by the
Department.
Section 12.14 Incorporation of Terms. Contractor shall ensure that all written agreements with
subrecipient subcontractors incorporate the terms of this Contract, and provide that the subcontractor
is subject to audit by DSHS, HHSC and the SAO.
Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor shall
direct and be responsible for the performance of its employees, subcontractors, joint venture
participants or agents. Contractor is not an agent or employee of the Department or the State of
Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its
employees, subcontractors, joint venture participants or agents will not be eligible for unemployment
compensation from the Department or the State of Texas.
Section 12.16 Authority to Bind. The person or persons signing and executing this Contract on
behalf of Contractor, or representing themselves as signing and executing this Contract on behalf of
Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this
Contract for Contractor and to validly and legally bind Contractor to all of its terms.
Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is
solely responsible for filing all required state and federal tax forms and making all tax payments. In
the event that the Department discovers that Contractor has failed to remain current on a liability to
the IRS, this Contract will be subject to remedies and sanctions under this Contract, including
immediate termination at the Department's discretion. In the event of Contract termination under this
section, the Department will not enter into a contract with Contractor for three (3) years from the date
of termination.
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Section 12.18 Notice of Organizational Change. Contractor shall submit written notice to the
Division Contract Management Unit assigned to the Program Attachment within ten (10) business
days of any change to the following: Contractor's name; contact information; key personnel, officer,
director or partner; organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to this Contract in accordance with the
Amendments section of these General Provisions.
Section 12.19 Quality Management. Contractor shall comply with quality management
requirements as directed by the Department.
Section 12.20 Equipment (Including Controlled Assets) Purchases. Equipment means an article
of nonexpendable, tangible personal property having a useful lifetime of more than one year and an
acquisition cost of $5,000 or more, and "controlled assets." Controlled assets include firearms
regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more:
desktop and laptop computers, non-portable printers and copiers, emergency management equipment,
communication devices and systems, medical and laboratory equipment, and media equipment.
Contractors on a cost reimbursement payment method shall inventory all equipment. If the purchase
of equipment is approved in writing by the Department, Contractor is required to initiate the purchase
of that equipment in the first quarter of the Contract or Program Attachment term, as applicable.
Failure to initiate the purchase of equipment may result in loss of availability of funds for the
purchase of equipment. Requests to purchase previously approved equipment after the first quarter of
the Program Attachment must be submitted to the Division Contract Management Unit assigned to
the Program Attachment.
Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the
services under this Contract including medical supplies, drugs, janitorial supplies, office supplies,
patient educational supplies, software, and any items of tangible personal property other than those
defined as equipment above.
Section 12.22 Changes to Equipment List. All items of equipment purchased with funds under this
Contract shall be itemized in Contractor's equipment list as finally approved by the Department in the
executed Contract. Any changes to the approved equipment list in the executed Contract must be
approved in writing by Department prior to purchase of equipment. Contractor shall submit to the
Division Contract Management Unit assigned to the Program Attachment, a written description
including complete product specifications and need justification prior to purchasing any item of
unapproved equipment. If approved, Department will acknowledge its approval by means of a
written amendment or by written acceptance of Contractor's Contract Revision Request, as
appropriate.
Section 12.23 Property Inventory and Protection of Assets. Contractor shall maintain a
nonexpendable personal property (equipment and controlled assets) inventory and submit an annual
cumulative report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O.
Box 149347 Austin, Texas 78714-9347, no later than October 15th of each year. The form for this
report (Form GC -11) is located on the DSHS website at
http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall administer a program of
General Provisions (Core Subrecipient 2009) 6/5/08 Page 23 of 38
maintenance, repair, and protection of assets under this Contract so as to assure their full availability
and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for
any loss of, destruction of, or damage to the assets provided under this Contract, Contractor shall use
the proceeds to repair or replace those assets.
Section 12.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property,
equipment, and supplies in possession of Contractor from the bankruptcy, and title shall revert to
Department.
Section 12.25 Title to Property. At the conclusion of the contractual relationship between the
Department and the Contractor, for any reason, title to any remaining equipment and supplies
purchased with fluids under this Contract reverts to Department. Title may be transferred to any
other party designated by Department. The Department may, at its option and to the extent allowed
by law, transfer the reversionary interest to such property to Contractor.
Section 12.26 Property Acquisitions. Department funds may not be used to purchase buildings or
real property. Any costs related to the initial acquisition of the buildings or real property are not
allowable.
Section 12.27 Disposition of Property. Contractor shall follow the procedures in the American
Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in
disposing, at any time during or after the Contract term, of equipment or controlled assets purchased
with the Department funds, except when federal or state statutory requirements supersedes or when
the equipment requires licensure or registration by the state, or when the acquisition price of the
equipment or controlled asset is equal to or greater than $10,000. All other equipment and controlled
assets not listed in the AHA reference (other than equipment that requires licensure or registration or
that has an acquisition cost equal to or greater than $10,000) shall be controlled by the requirements
of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to
perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or
registration or had an acquisition price equal to or greater than $10,000, Contractor shall request
disposition approval and instructions in writing from the Division Contract Management Unit
assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor must
ensure that disposition of any equipment is in accordance with Generally Accepted Accounting
Principles, and any applicable federal guidance.
Section 12.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no
additional renewals or that will not be renewed (Closeout), Contractor shall submit to the Division
Contract Management Unit assigned to the Program Attachment, an inventory of property purchased
with Department funds and request disposition instructions for such property. All property purchased
with Department funds shall be secured by the Contractor at the time of Closeout and shall be
returned to the Department as required by the Department's disposition instructions or at the request
of the Department at the Contractor's expense.
Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment
method shall not encumber property purchased with Department funds without prior written approval
from the Department.
General Provisions (Core Subrecipient 2009) 6/5/08 Page 24 of 38
ARTICLE XIII GENERAL TERMS
Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in
part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior
written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with Tex. Gov Code § 556.0055, which prohibits
contractors who receive state funds from using those funds to pay lobbying expenses. Further,
Contractor shall not use funds paid under this Contract to pay any person for influencing or
attempting to influence an officer or employee of any federal or state agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any contract or the extension, continuation, renewal, amendment, or modification of any
contract (31 USCA § 1352, as amended, and UGMS). If at any time this Contract exceeds $100,000
of federal funds, Contractor shall file with the Division Contract Management Unit assigned to the
Program Attachment a declaration containing the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with
this Contract, a certification that none of the funds provided by Department have been or will be used
for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom
Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the
time of application for this Contract; upon execution of this Contract unless Contractor previously
filed a declaration, certification, or disclosure form in connection with the award; and at the end of
each calendar quarter in which there occurs any event that materially affects the accuracy of the
information contained in any declaration, certification, or disclosure previously filed. Contractor shall
require any person who requests or receives a subcontract to file the same declaration, certification,
and disclosure with the Division Contract Management Unit assigned to the Program Attachment.
Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in OMB
Circulars A-122 Attachment B paragraph 25; A-87 Attachment B section 27; A-110 section—.27 and
A-21 paragraphs 17 and 24. Contractor shall include this provision in any subcontracts.
Section 13.03 Conflict of Interest. Contractor represents to the Department that it does not have nor
shall it knowingly acquire any financial or other interest that would conflict in any manner with the
performance of its obligations under this Contract. Potential conflicts of interest include, but are not
limited to, an existing or potential business or personal relationship between Contractor, its principal
(or a member of the principal's immediate family), or any affiliate or subcontractor and Department
or HHSC, their commissioners, officers or employees, or any other entity or person involved in any
way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain.
Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to
DSHS any transactions between Contractor and a related party that is part of the work that the
Department is purchasing under this Contract before entering into the transaction or immediately
upon discovery. Contractor shall submit to the Division Contract Management Unit assigned to the
Program Attachment the name, address and telephone number of the related party, how the party is
related to the Contractor and the work the related party will perform under this Contract. A related
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party is a person or entity related to the Contractor by blood or marriage, common ownership or any
association that permits either to significantly influence or direct the actions or policies of the other.
The Contractor, for purposes of reporting transactions between related parties, includes the entity
contracting with the Department under this Contract as well as the chief executive officer, chief
financial officer and program director of the Contractor. Contractor shall comply with Tex. Gov.
Code Chapter 573. Contractor shall maintain records and supply any additional information
requested by the Department, regarding a transaction between related parties, needed to enable the
Department to determine the appropriateness of the transaction pursuant to applicable state or federal
law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR §
215.42, and UGMS.
Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to
protect intellectual property developed as a result of this Contract.
a) "Intellectual property" means created property that may be protected under copyright, patent,
or trademark/service mark law.
b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially
ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS
owns works made for hire unless it agrees otherwise by contract. To the extent that title and
interest to any such work may not, by operation of law, vest in DSHS, or such work may not
be considered a work made for hire, Contractor irrevocably assigns the rights, title and
interest therein to DSHS. DSHS shall have the right to obtain and hold in its name any and all
patents, copyright, registrations or other such protections as may be appropriate to the subject
matter, and any extensions and renewals thereof. Contractor must give DSHS and the State of
Texas, as well as any person designated by DSHS and the State of Texas, all assistance
required to perfect the rights defined herein without charge or expense beyond those amounts
payable to Contractor for goods provided or services rendered under this Contract.
c) If federal funds are used to finance activities supported by this Contract that result in the
production of intellectual property, the federal awarding agency reserves a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize
others to use, for federal government purposes (1) the copyright in any intellectual property
developed under this Contract, including any subcontract; and (2) any rights of copyright to
which a Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate,
on any publication written or published with such support and, if feasible, on any publication
reporting the results of or describing a grant -supported activity. An acknowledgment shall be
to the effect that "This publication was made possible by grant number from federal
awarding agency)" or "The project described was supported by grant number from
(federal awarding _agency)" and "Its contents are solely the responsibility of the authors and
do not necessarily represent the official views of the (federal awarding ag_ency)."
d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves a
royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for DSHS, public health, and state governmental
noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an
invention, discovery, or improvement to any process, machine, manufacture, or composition
of matter; products; technology; scientific information; trade secrets; and computer software,
in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2)
General Provisions (Core Subrecipient 2009) 6/5/08 Page 26 of 38
any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a
Contractor purchases ownership with contract funds.
e) If the results of the contract performance are subject to copyright law, the Contractor cannot
publish those results without prior review and approval of DSHS. Contractor shall submit
requests for review and approval to the Division Contract Management Unit assigned to the
Program Attaclunent.
Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship
between Department and the Contractor, for any reason, Department shall have the sole ownership
rights and interest in all non -copyrightable intangible property that was developed, produced or
obtained by Contractor as a specific requirement under this Contract or under any grant that funds
this Contract, such as domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the Department or its
designee, or otherwise affirm Department's ownership rights and interest in such property. This
provision shall survive the termination or expiration of this Contract.
Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be
illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same
extent and effect as if never incorporated, but all other provisions will continue. Parties represent and
agree that the language contained in this Contract is to be construed as jointly drafted, proposed and
accepted.
Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this
Contract shall be deemed to have been received by a Party on the third business day after the date on
which it was mailed to the Party at the address first given above (or at such other address as the Party
shall specify to the other Party in writing) or, if sent by certified mail, on the date of receipt.
Section 13.09 Successors. This Contract shall be binding upon the Parties and their successors and
assignees, except as expressly provided in this Contract.
Section 13.10 Headings. The articles and section headings used in this Contract are for convenience
of reference only and shall not be construed in any way to define, limit or describe the scope or intent
of any provisions.
Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with
transactions of the kind reflected by this document, and are capable of understanding the terminology
and meaning of its terms and conditions and of obtaining independent legal advice pertaining to this
Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program
Attachment for any reason shall not release either Party from any liabilities or obligations set forth in
this Contract that (a) the Parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable
following any such termination or expiration.
Section 13.13 Direct Operation. The Department may temporarily assume operations of a
Contractor's program or programs funded under this Contract when the continued operation of the
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program by Contractor puts at risk the health and safety of clients and/or participants served by the
Contractor, and there are no reasonable alternatives available.
Section 13.14 Customer Service Information. If requested, Contractor shall supply such
information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter
2114 regarding Customer Service surveys.
Section 13.15 Amendment. Parties agree that the Department may unilaterally reduce funds
pursuant to the terms of this Contract without the written agreement of Contractor. All other
amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise
specified in the Contractor's Notification of Change to Certain Contract Provisions section or the
Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's
request for certain budget revisions or other amendments must be submitted in writing, including a
justification for the request, to the Division Contract Management Unit assigned to the Program
Attachment; and if a budget revision or amendment is requested during the last quarter of the
Contract or Program Attachment term, as applicable, Contractor's written justification must include a
reason for the delay in making the request. Revision or amendment requests may be granted at the
discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or
produce, and DSHS shall not pay for the performance or production of, different or additional goods,
services, work or products except pursuant to an amendment of this Contract that is executed in
compliance with this section; and DSHS may not waive any term, covenant, or condition of this
Contract unless by amendment or otherwise in compliance with this section.
Section 13.16 Contractor's Notification of Change to Certain Contract Provisions.
The following changes may be made to this Contract without a written amendment or the
Department's prior approval:
a) contractor's contact person and contact information;
b) contact information for key personnel, as stated in Contractor's response to the Solicitation
Document, if any;
c) cumulative budget line item transfers that exceed 10% among direct cost categories, other
than the equipment category, of cost reimbursement contract Program Attachments of less
than $100,000, provided that the total budget amount is unchanged;
d) minor corrections or clarifications to the Contract language that in no way alter the Contract
scope of work, objectives or performance measures; and
e) a change in the Contractor's share of the budget concerning non-DSHS funding other than
program income and match, regardless of the amount of the change, provided that in changing
the budget, Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract Management Unit assigned to
the Program Attachment of any change enumerated in this section. The notification may be by letter,
fax or email.
Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's
Revision Request is an alternative method for amending certain specified provisions of this Contract
that is initiated by the Contractor, but must be approved by DSHS. The following changes to this
Contract may be made through a Contractor's Revision Request, rather than through the amendment
process described in the Amendment section of this Article:
General Provisions (Core Subrecipient 2009) 6/5/08 Page 28 of 38
a) cumulative budget line item transfers among direct cost categories, other than the equipment
category, that exceed 10% of Program Attachments of $100,000 or more, provided that the
total budget amount is unchanged;
b) line item transfer to other categories of funds for direct payment to trainees for training
allowances;
c) change in clinic hours or location;
d) change in equipment list substituting an item of equipment equivalent to an item of equipment
on the approved budget, (For example, purchase of XYZ brand computer instead of approved
ABC brand computer with essentially identical features as the XYZ computer);
e) changes in the equipment category of a previously approved equipment budget (other than
acquisition of additional equipment, which requires an amendment to this Contract);
f) changes specified in applicable OMB Circular cost principles as requiring prior approval,
regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership
fees); and
g) changes to community sites, independent school districts or schools, in substance abuse
Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract
Revision Request form from the DSHS website and complete the form as directed by the Department.
Two copies of the completed form must be signed by Contractor's representative who is authorized to
sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the
Division Contract Management Unit assigned to the Program Attachment. Any approved revision
will not be effective unless signed by the DSHS Director of Client Services Contracting Unit. A
separate Contractor Revision Request is required for each Program Attachment to be revised.
Circumstances of a requested contract revision may indicate the need for an amendment described in
the Amendment section of this Article rather than a contract revision under this section.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO
PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A
WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT
OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY
OPERATION OF LAW.
Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor,
agrees to hold Department, the State of Texas, individual state employees and officers, and the
federal government harmless and to indemnify them from any and all liability, suits, claims, losses,
damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees,
and damages arise from performance or nonperformance of Contractor, its employees,
subcontractors, joint venture participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain of
any action, non -action or default under this Contract shall not constitute a waiver of either Party's
rights under this Contract.
Section 13.21 Technology Accessibility. If performance under this Contract includes the
development, modification or maintenance of a website or other electronic information resources for
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DSHS or for the public on behalf of DSHS, Contractor expressly acknowledges that state funds may
not be expended in connection with the purchase of electronic information resources unless those
resources meet certain statutory and regulatory requirements relating to accessibility by persons with
visual, hearing, motor/physical, and cognitive learning disabilities as defined by Section 508 of the
Rehabilitation Act of 1973, as amended. Accordingly, Contractor represents and warrants to DSHS
that the electronic information resources provided by Contractor to DSHS for purchase are capable,
either by virtue of features included within the technology or because they are readily adaptable by
use with other technology, of -
a) providing equivalent access for effective use;
b) presenting information, including prompts used for interactive communications; and
c) being integrated into networks for obtaining, retrieving, and disseminating information.
For purposes of this section, the phrase "equivalent access" means a substantially similar ability to
communicate with or make use of the electronic information resource, either directly by features
incorporated within the technology or by other reasonable means jointly agreed to by DSHS and
Contractor, such as assistive devices or services that would constitute reasonable accommodations
under the federal Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access might be provided include, but are not limited to, keyboard
alternatives to mouse commands and other means of navigating graphical displays, information
retrieval provided in an enhanced auditory fashion, voice commands, touch screen capacity, and
customizable display appearance. Electronic information resources under this Contract must comply
with 1 Tex. Admin. Code Chapters 206 and 213, as applicable.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-
COMPLIANCE
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute
breach of contract include, but are not limited to, the following:
a) failure to properly provide the services and/or goods purchased under this Contract;
b) failure to comply with any provision of this Contract, including failure to comply with all
applicable statutes, rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the Department or agreed order issued by
the Department;
e) failure by Contractor to provide a full accounting of funds expended under this Contract;
f) discovery of a material misrepresentation in any aspect of Contractor's response to the
Solicitation Document;
g) any misrepresentation in the assurances and certifications in the Contractor's application or
response to the Solicitation Document or in this Contract; or
h) Contractor is on or is added to the Excluded Parties List System (EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both
programmatic and financial compliance. The remedies set forth below are available to the
Department against Contractor and any entity that subcontracts with Contractor for provision of
General Provisions (Core Subrecipient 2009) 6/5/08 Page 30 of 38
services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of
sanctions to Department for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more remedies or sanctions for each item of
noncompliance and will determine sanctions on a case-by-case basis. Contractor is responsible for
complying with all of the terms of this Contract. The listing of or use of one or more of the remedies
or sanctions listed below does not relieve Contractor of any obligations under this Contract. A state
or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this
Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of
this Article to give effect to both. If the Contractor breaches this Contract by failing to comply with
one or more of the terms of this Contract, including but not limited to compliance with applicable
statutes, rules or regulations, the Department may take one or more of the actions listed below:
a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific
program type. In the case of termination, the Department will inform Contractor of the
termination no less than thirty-one (3 1) calendar days before the effective date of the
termination in a notice of termination. The notice of termination will state the effective date
of the termination, the reasons for the termination, and, if applicable, alert the Contractor of
the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter
2105 regarding administration of Block Grants. The Contractor agrees that it shall not make
any claim for payment or reimbursement for services provided from the effective date of
termination;
b) suspend all or part of this Contract. Suspension is, depending on the context, either (1) the
temporary withdrawal of Contractor's authority to obligate funds pending corrective action by
Contractor or its subcontractor(s) or pending a decision to terminate or amend this Contract,
or (2) an action taken by a suspending official in accordance with Department rules to
immediately exclude a person from participating in contract transactions for a period of time,
pending completion of an investigation and such legal or debarment proceedings as may
ensue. Contractor may not bill DSHS for services performed during suspension, and
Contractor's costs resulting from obligations incurred by Contractor during a suspension are
not allowable unless expressly authorized by the notice of suspension;
c) deny additional or future contracts or renewals with Contractor;
d) reduce funding if the Contractor fails to provide services or goods consistent with
performance expectations described in this Contract;
e) disallow costs and credit for matching funds, if any, for all or part of the activities or action
not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash payments means the
temporary withholding of a working capital advance, if applicable, or reimbursements or
payments to Contractor for proper charges or obligations incurred, pending resolution of
issues of noncompliance with conditions of this Contract or indebtedness to the United States
or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of cash payment means that
Department retains funds billed by Contractor for (1) unallowable, undocumented, disputed,
inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract
provisions; or (3) indebtedness to the United States or to the State of Texas;
General Provisions (Core Subrecipient 2009) 6/5/08 Page 31 of 38
h) declare this Contract void upon the Department's determination that this Contract was
obtained fraudulently or upon the Department's determination that this Contract was illegal or
invalid from this Contract's inception and demand repayment of any funds paid under this
Contract;
i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any
other state bid list, and barred from participating in future contracting opportunities with the
State of Texas;
j) delay execution of a new contract or contract renewal with Contractor while other imposed or
proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will be placed on accelerated
monitoring for a period not to exceed six (6) months at which time items of noncompliance
must be resolved or substantial improvement shown by Contractor. Accelerated monitoring
means more frequent or more extensive monitoring will be performed by Department than
would routinely be accomplished;
1) require Contractor to obtain technical or managerial assistance;
m) establish additional prior approvals for expenditure of funds by Contractor;
n) require additional or more detailed, financial and/or programmatic reports to be submitted by
Contractor;
o) demand repayment from Contractor when it is verified that the Contractor has been overpaid,
e.g., because of disallowed costs, payments not supported by proper documentation, improper
billing or accounting practices, or failure to comply with Contract terms;
p) reduce the funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate that will make full use of the award, or to provide
services or to achieve local match, if required;
q) pursue a claim for damages as a result of breach of contract;
r) require removal of any officer, board member or employee of the Contractor who has been
convicted of the misuse of state or federal funds, fraud or illegal acts that are in
contraindication to continued obligations under this Contract, as reasonably determined by
DSHS;
s) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, or any
penalty permitted by statute and imposed by DSHS, and take repayment from funds available
under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment
obligations;
t) reduce the Contract term;
u) recoup improper payments when it is verified that the Contractor has been overpaid, e.g.,
because of disallowed costs, payments not supported by proper documentation, improper
billing or accounting practices or failure to comply with Contract terms;
v) assess liquidated damages; or
w) impose other remedies or penalties permitted by statute.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in
writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which
may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing
them, the corrective actions, if any, that must be taken before the actions will be removed and the
time allowed for completing the corrective actions, and the method, if any, of requesting
General Provisions (Core Subrecipient 2009) 6/5/08 Page 32 of 38
reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or
recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a
written response to Department acknowledging receipt of such notice. If requested by the
Department, the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are based are either
invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or
sanction is warranted, unless the remedy or sanction is subject to review under a federal or state
statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written
notice to Contractor of Department's decision. If required by the Department, Contractor shall take
corrective action. If DSHS determines that repayment is warranted, DSHS will issue a demand letter
to Contractor for repayment. If full repayment is not received within the time limit stated in the
demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds
otherwise due to Contractor.
Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or
suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny
contract renewal or future contract awards, or delay contract execution by delivering written notice to
Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency"
is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the public
or client health, welfare or safety. The direct adverse impact may be programmatic or
financial and may include failing to provide services, providing inadequate services,
providing unnecessary services, or utilizing resources so that the public or clients do not
receive the benefits contemplated by the scope of work or performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be determined by Department
on a case-by-case basis and will be based upon the nature of the noncompliance or conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT
Section 15.01 Breach of Contract Claim. The process for a breach of contract claim against the
Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§
1.431-1.447 shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim
against DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve
in the ordinary course of business shall be submitted to the negotiation process provided in Tex. Gov
Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as
required by subchapter B, to DSHS's Office of General Counsel. The notice shall specifically state
that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also
be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent
to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C.
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Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260,
subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged
breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided
in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue
from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this
Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract
shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency
of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part.
ARTICLE XVI TERMINATION
Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's service
obligations set forth in each Program Attachment shall end upon the expiration date of that Program
Attachment unless extended or renewed by written amendment. Prior to completion of the term of all
Program Attachments, all or a part of this Contract may be terminated with or without cause as set
forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's
authority to obligate previously awarded funds before that authority would otherwise expire or the
voluntary relinquishment by Contractor of the authority to obligate previously awarded funds.
Contractor's costs resulting from obligations incurred by Contractor after termination of an award are
not allowable unless expressly authorized by the notice of termination. Upon termination of this
Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest
extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or
Program Attachment, as applicable, to DSHS or other entity designated by DSHS. Upon termination
of all or part of this Contract, Department and Contractor will be discharged from any further
obligation created under the applicable terms of this Contract or the Program Attachment, as
applicable, except for the equitable settlement of the respective accrued interests or obligations
incurred prior to termination and for Contractor's duty to cooperate with DSHS. Termination does
not, however, constitute a waiver of any remedies for breach of this Contract. In addition,
Contractor's obligations to retain records and maintain confidentiality of information shall survive
this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not include: (1) withdrawal
of funds awarded on the basis of the Contractor's underestimate of the unobligated balance in a prior
period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program
Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a
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competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding
of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or
invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contractor a Program Attachment, as applicable, with at least
thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks
to terminate a Contract or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days prior written notice
and must submit a transition plan to ensure client services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment with at least thirty (30)
calendar days prior written notice to the other Party in the event funds become unavailable
through lack of appropriations, budget cuts, transfer of funds between programs or health and
human services agencies, amendments to the Appropriations Act, health and human services
consolidations, or any disruption of current appropriated funding for this Contract or Program
Attachment.
d) Department may terminate this Contract or a Program Attachment immediately when, in the
sole determination of Department, termination is in the best interest of the State of Texas.
Section 16.05 Termination For Cause. Either Party may terminate for material breach of this
Contract with at least thirty (30) calendar days written notice to the other Party. Department may
terminate this Contract, in whole or in part, for breach of contract or for any other conduct that
jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to
Contractor. Such conduct may include one or more of the following:
a) a court of competent jurisdiction finds that Contractor has failed to adhere to any laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction;
b) Contractor fails to communicate with Department or fails to allow its employees or those of
its subcontractor to communicate with Department as necessary for the performance of this
Contract;
c) Contractor breaches a standard of confidentiality with respect to the services provided under
this Contract;
d) Department determines that Contractor is without sufficient personnel or resources to perform
under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its
requirements under this Contract or exercise adequate control over expenditures or assets;
e) Department determines that Contractor, its agent or another representative offered or gave a
gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the
purpose of obtaining a contract or favorable treatment;
f) Department determines that this Contract includes financial participation by a person who
received compensation from DSHS to participate in developing, drafting or preparing the
specifications, requirements or statement(s) of work or Solicitation Document on which this
Contract is based in violation of Tex. Gov. Code § 2155.004;
g) Contractor appears to be financially unstable. Indicators of financial instability may include
one or more of the following:
1) Contractor fails to make payments;
2) Contractor makes an assignment for the benefit of its creditors;
General Provisions (Core Subrecipient 2009) 6/5/08 Page 35 of 38
3) Contractor admits in writing its inability to pay its debts generally as they become due;
4) if judgment for the payment of money in excess of $50,000 (that is not covered by
insurance) is rendered by any court or governmental body against Contractor, and
Contractor does not (a) discharge the judgment or (b) provide for its discharge in
accordance with its terms, or (c) procure a stay of execution within thirty (30) calendar
days from the date of entry of the judgment, and within the thirty (30) -day period or a
longer period during which execution of the judgment has been stayed, appeal from the
judgment and cause the execution to be stayed during such appeal while providing such
reserves for the judgment as may be required under generally accepted accounting
principles;
5) a writ or warrant of attachment or any similar process is issued by any court against all or
any material portion of the property of Contractor, and such writ or warrant of attachment
or any similar process is not released or bonded within thirty (30) calendar days after its
entry;
6) Contractor is adjudicated bankrupt or insolvent;
7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any
provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of
debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or
hereafter in effect, or consents to the filing of any case or petition against it under any
such law;
8) any property or portion of the property of Contractor is sequestered by court order and the
order remains in effect for more than thirty (30) calendar days after Contractor obtains
knowledge thereof;
9) a petition is filed against Contractor under any state reorganization, arrangement,
insolvency, readjustment of debt, dissolution, receivership or liquidation law of any
jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within
thirty (30) calendar days;
10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or
of all or any part of its property; or
h) Contractor's management system does not meet the UGMS management standards.
Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to terminate
by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this
Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated
termination in good faith during the notice period.
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS
Section 17.01 Void Contracts. Department may hold this Contract void upon determination that the
award was obtained fraudulently or was otherwise illegal or invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor
who has been a party to a contract with DSHS that has been found to be void, suspended, or
General Provisions (Core Subrecipient 2009) 6/5/08 Page 36 of 38
terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or
renewals until the Department has determined that Contractor has satisfactorily resolved the issues
underlying the suspension or termination. Additionally, if this Contract is found to be void, any
amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from
the Department of termination of a contract with DSHS funded by block grant funds, Contractor may
request an administrative hearing under Tex. Gov. Code Chapter 2001.
ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION
Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program
Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own
terms, Contractor shall cease services under this Contract or Program Attachment and shall cooperate
with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities
under this Contract to DSHS or other entity designated by DSHS. Upon receiving notice of Contract
or Program Attachment termination or non -renewal, the Contractor agrees to immediately begin to
transition recipients of services to alternative service providers, as needed. Contractor also agrees to
completely cease providing services under this Contract or Program Attachment by the date specified
in the termination or non -renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of this Contract or Program Attachment, or incur any additional expenses
once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration
or non -renewal of this Contract or a Program Attachment, Contractor shall immediately initiate
Closeout activities described in this Article.
Section 18.02 Administrative Offset. The Department shall have the right to administratively offset
amounts owed by Contractor against billings.
Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other
Closeout reports required under this Contract within sixty (60) calendar days after the Contract or
Program Attachment end date. Unless otherwise provided under the Final Billing Submission section
of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are
not received within sixty (60) calendar days after the Contract or Program Attachment end date.
Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount to
which the Contractor is finally determined to be entitled under the terms of this Contract constitute a
debt to the Department and will result in a refund due. Contractor shall pay any refund amount due
within the time period established by the Department.
Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program
Attachment does not affect the Department's right to disallow costs and recover funds on the basis of
a later audit or other review or the Contractor's obligation to return any funds due as a result of later
refunds, corrections, or other transactions.
Section 18.06 Contract Reconciliation. If Contractor is required to annually reconcile multi-year
contracts, Contractor, within sixty (60) calendar days after the end of each year of this Contract, shall
General Provisions (Core Subrecipient 2009) 6/5/08 Page 37 of 38
submit to the Division Contract Management Unit assigned to the Program Attachment all financial
and reconciliation reports required by Department in forms as determined by Department. Required
reconciliation forms and reports may include the following: Cash Match Participation Form, In-kind
Match Participation Form, Program Income Report, Equipment Inventory, Controlled Items
Inventory, Contractor's Release Agreement, and Reconciliation Refund Remittance Form. Any
additional forms or reports required by Department shall be posted on the DSHS website prior to the
reconciliation period. Unless otherwise directed by Department, all forms and reports must be
submitted in hard copies, with original signatures if required, to DSHS by the due date.
General Provisions (Core Subrecipient 2009) 6/5/08 Page 38 of 38
CONTRACT NO. 2009-030387
PROGRAM ATTACHMENT NO.001
PURCHASE ORDER NO. 0000344292
CONTRACTOR: CITY OF BEAUMONT
DSHS PROGRAM: EMS - LOCAL PROJECTS
TERM: 10/01/2008 THRU 08/31/2009
SECTION I. STATEMENT OF WORK:
Contractor shall conduct Emergency Medical Services (EMS) program activities to develop,
upgrade, or expand emergency medical services systems.
All activities shall be performed in accordance with DSHS's Request for Proposal (RFP),
EMS/LPG-0278.1 issued on April 1, 2008, and Contractor's application plan as agreed to and
approved by DSHS. These documents are hereby adopted and incorporated by reference herein as
part of this Program Attachment.
SECTION II. PERFORMANCE MEASURES:
Contractor's performance will be measured in part on the achievement of the following activities and
performance measures.
Contractor shall perform the following activities and provide documentation to DSHS in the manner
and timeframes specified by Program.
1. Conduct Emergency Medical Services (EMS) program activities to develop, upgrade, or
expand emergency medical services by completing the projects and/or acquiring items as
stated in the contractor's application plan as agreed to and approved by DSHS in Exhibit A.
SECTION III. SOLICITATION DOCUMENT:
Competitive RFP #EMS/LPG-0278.1 for EMS Local Project Grant FY 09 issued on April 1, 2008
SECTION IV. RENEWALS: N/A
SECTION V. PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor may claim reimbursement for approved equipment item(s) by attaching invoice(s)
for the item(s) ordered along with the purchase voucher (Form B-13), at any time within the
Program Attachment term. All items claimed for reimbursement shall be procured within the
PROGRAM ATTACHMENT — Page 1
Program Attachment term. The Contractor shall submit paid invoices for reimbursement no
later than 30 days after the Program Attachment term. Contractor shall also forward proof of
payment (e.g., copy of canceled check or a paid invoice with a zero balance) and a copy of
the shipping invoice showing the delivery date of any item(s) that were claimed for
reimbursement by this method.
Invoices and all supporting documentation shall be submitted to the address below.
Department of State Health Services
Office of EMS and Trauma Systems Coordination
Attn: Contract Manager
P.O. Box 149347 MC: 1876
Austin, Texas 78714-9347
SECTION VII. SPECIAL PROVISIONS:
For the purposes of this Program Attachment, and as specified in the RFP, Disposable supplies,
Personnel, Fringe Benefits, Land Purchases, Buildings, Day-to-day Operating Expenses (e.g., Fuel,
Insurance, Loan Payments, Rent, etc) and Indirect Costs are not allowable costs.
If the total costs of the project are greater than the DSHS amount of funding as contained within
SECTION VIII. BUDGET, Contractor shall obtain funds for the remaining costs in order to
accomplish project activities agreed upon herein.
DSHS may withhold or deny payment in accordance with the General Provisions if project
requirements are not accomplished or sufficiently documented.
General Provisions, Compliance and Reporting Article, Reporting Sections are not applicable to
this Program Attachment.
General Provisions, Services Article, Education to Persons in Residential Facilities, Consent to
Medical Care, and Telemedicine Medical Services through Cost Effective Purchasing of
Medications Sections are not applicable to this Program Attachment.
General Provisions, Funding Article, Use for Match Prohibited Section are not applicable to this
Program Attachment.
General Provisions, Payment Methods and Restrictions Article, Financial Status Reports (FSRs)
Section is not applicable to this Program Attachment.
General Provisions, Confidentiality Article, Exchange of Client -Identifying Information,
Security of Patient or Client Records, and HIV/AIDS Model Workplace Guidelines Sections are
not applicable to this Program Attachment.
General Provisions, Notice Requirements Article, Child Abuse Reporting Requirement Section is
PROGRAM ATTACHMENT — Page 2
not applicable to this Program Attachment.
General Provisions, General Business Operations of Contractor Article, Insurance and Bonding,
Cost Allocation Plan through Historically Underutilized Businesses (HUBs), Contracts with
Subrecipient Subcontractors through Incorporation of Terms, and Equipment and Controlled
Assets Purchases through Assets as Collateral Prohibited Sections are not applicable to this
Program Attachment.
SECTION VIII. BUDGET
SOURCE OF FUNDS: State
Total reimbursements will not exceed $19,410.00.
The items and/or projects being funded are specified in Exhibit A, which is attached hereto and made
a part hereof.
PROGRAM ATTACHMENT — Page 3
Exhibit A
Texas Department of State Health Services
2009 EMS Local Projects Grant Awards
Name of Organization: Beaumont Public Health/EMS, City of
Total Award: $19,410
Approved Project(s)- (Quantity, Item, Award Amount per Item):
(5) Power Stretchers $2,000;
(12) EZ -10 Sets $500;
(6) Backboards $200;
(3) Pedi Immobilization Boards $270;
(2) Stair Chairs $700
Utilizing your 2009 Local Projects Grant Award
• The attached contract details your obligations for this grant.
• Any cost incurred prior to the start date listed in the contract will not be reimbursed.
• In all cases where matching funds are required, reimbursement from DSHS will not exceed the
award amount or half of the cost of the item, which ever is less.
• Requesting reimbursement:
- All awardees must submit invoice(s) which list the item(s) and price(s), dated within the
contract period.
- All awardees must submit copies of paid receipts or cancelled checks.
- Awardees of education/training funds must also submit copies of course completion
certificates of students.
- All awardees must fax reimbursement documents to 512/834-6611 OR mail to:
Texas Department of State Health Services
Office of EMS and Trauma Systems Coordination
MC 1876 Attn: Contract Manager
P.O. Box 149347
Austin, TX 78714-9347
0 DSHS retains the right to refuse reimbursement for requests deemed inappropriate.
2009-030387-001
Categorical Budget:
PERSONNEL
$0.00_'
FRINGE BENEFITS
$0.00
TRAVEL
$0.00
EQUIPMENT
$0.00
SUPPLIES
$19,410.00
CONTRACTUAL
$0.00
OTHER
$0.00:
TOTAL DIRECT CHARGES $19,410.00
INDIRECT" 'HARGES $0.a0'
TOTAL $19,410.00
W- S SHARE $19;41`€}.00
CONTRACTOR SHARE $0.00
OTER MATCH" $0 00
Total reimbursements will not exceed $19,410.00
RICH WITH OPPORTUNITY
BEA,UMON*
T- E- X- A- 3
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Lillie Babino, Human Resources Director At
November 4, 2008
REQUESTED ACTION: Council consider approving a resolution authorizing the City
Manager to execute an agreement with Workforce Solutions
of Southeast Texas.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute an
agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with
temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct
result of recovery efforts associated with the Hurricane Ike disaster.
BACKGROUND
Workforce Solutions of Southeast Texas announced that it had secured a grant to pay wages for non
full-time employees working in our recovery effort. The grant is provided by the National Emergency
Grant (NEG) program to employ temporary workers to help with Hurricane Ike clean up, restoration
and humanitarian efforts. The NEG program consists of temporary work, wherein the participant
referred by Workforce Solutions of Southeast Texas to the Work Site Employer is given job functions
to perform under the guidance and supervision of the Work Site Employer. The Workforce Solutions
of Southeast Texas has contracted with Advanced Staffing to serve as a third party employer and all
workers paid through this program must register with and be paid by Advanced Staffing. City
departments have identified the need for approximately 29 temporary workers. The NEG grant
program ends no later than March 31, 2009, unless otherwise noted. This program will serve as
another recruiting source for full-time employees for the City.
BUDGETARY IMPACT
None.
)w NATIONAL EMERGENCY GRANT (NEG)
Temporary Disaster Relief Jobs Program
WORKFORCE TEXAS 3IVS Worksite Agreement
SOUTHEAST TEXAS
Contract #
NEG -09 -100 -
Worksite Employer is:
( ) Public Non Profit
( ) Private Non -Profit
( ) Governmental
AGENCY NAME
City Of Beaumont
Beaumont Workforce Solution
PHYSICAL ADDRESS
801 Main Street
304 Pearl Street
CITY, STATE, ZIP
Beaumont, TX 77701
Beaumont, TX 77701
MAILING ADDRESS
PO Box 3827
304 Pearl Street
CITY, STATE, ZIP
Beaumont, TX 77704
Beaumont, TX 77701
TELEPHONE NUMBER
409 880-3124
409-839-8045
ALT. PHONE NUMBER
409 880-3104
FAX NUMBER
409 880-3108
409-832-4769
CONTACT PERSON
Walterine Brown
Alexis Smith
EMAIL ADDRESS
Ibabino(cDci.beaumont.tx.us
wabrown ci.beaumont.tx.us
alexis.smith@setworks.org
This worksite agreement may begin upon the date of execution and/or date of mandatory evacuation with
a projected end date of March 31, 2009. The worksite employer agrees to the following terms of this
Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment
Act (W/A) Title I National Emergency Grant (NEG) covered under Federal Disaster Declaration FEMA.
Program Overview
This NEG program shall consist of temporary work, wherein the participant referred by Workforce Solutions of
Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision
of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce
Solutions of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is
created or exists between the Worksite Employer and the participant. In agreeing to provide direction and
supervision of the participant, the Worksite Employer understands that this does not make Workforce Solutions
of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act
or failure to act by any participant on or off the job.
The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up,
restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the
Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their
regular job as a result of the disaster or cannot find work as a result of the disruption to business activities
caused by a declared emergency and/or disaster.
Workforce Solutions of Southeast Texas will contract with a Professional Employer Organization to provide the
direct services and will be the employer -of -record for temporary worksite employees for the National Emergency
Grant.
Form NEG 001 Page 1 of 5 Original — Workforce Center
WFSSET (10/08) Copy — Employer
Directive 08-32 Attachment 1- Amended
To be in compliance with State and Federal Regulations each party involved must adhere to this agreement
which lists the terms, conditions, roles and responsibilities. The Agency/Worksite Employer signature attests
that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of
Southeast Texas and Professional Employer Organization Roles and Responsibilities).
Limitations on Participation
The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is
executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment
under this National Emergency Grant must end no later than March 31, 2009 unless otherwise noted.
These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be
conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and
Employer of Record.
Furthermore, the Worksite Employer must ensure that NEG participants' wages are based on the prevailing rate
of pay for individuals employed in similar occupations by said employer.
In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to
NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be
documented on the NEG Worksite Employer/Employee Agreement (NEG 002).
Temporary employment under the NEG is considered employment for the purpose of reporting wages for
Unemployment Insurance (UI) or Disaster Unemployment Assistance (DUA) benefits.
Recruitment and Selection
Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas.
Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of
Southeast Texas.
Hold Harmless
Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and
hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any
nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of
any character whatsoever resulting in whole or in part from the negligent performance or omission of either
party's employees or representatives connected with the activities described herein.
Changes to the Aureement
There shall be no modification or amendment of this Agreement, except in writing, executed with the same
formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the
Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding
upon the Worksite Employer unless it is received in written form.
Termination
This Agreement may be terminated as follows:
A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for
convenience upon ten (10) calendar days prior written notice to the other party.
B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any
time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment,
determine that.
1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement
or any Amendment hereto;
2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take
corrective action after receiving oral or written requests to do so within an appropriate time period as
may be stipulated by Workforce Solutions of Southeast Texas; or
Form NEG 001 Page 2 of 5 Original — Workforce Center
WFSSET (10/08) Copy — Employer
Directive 08-32 Attachment 1 — Amended
3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces,
eliminates or otherwise terminates the program under which this Agreement is written.
Notice
Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas
under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of
Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices
required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or
mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement.
Controlling Laws
This agreement and the provisions contained herein shall be construed, controlled and interpreted according to
the laws of the State of Texas.
Involved Entities
• Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee)
• Employers
• Employees
• Employer of Record
Responsibilities of Workforce Solutions of Southeast Texas
Workforce Solutions of Southeast Texas accepts and agrees that it shall:
A. Assist the job site supervisor in resolving any problems concerning the participants'
performance on the job by responding to the Worksite Employer's notice.
B. Hear all grievances concerning program participant's performance at the job site.
C. Provide counseling and supportive services to participants as the need is identified.
Monitoring
The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas,
or any of its agents and/or subcontractors, and the US Department of Labor (DOL) to visit the Worksite
Employer's work sites, monitor the program, report problems, require corrective action within specified time
periods or remove participants from work sites without prior notice other than a written notification to be
delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce
Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of
rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the
Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this
Agreement.
Responsibilities of the Worksite Employer
The Worksite Employer accepts and agrees that it shall:
A. Direct and supervise participants work activities in accordance with their job description(s),
which is hereby incorporated by reference and made a part of this Agreement.
B. Assure that it will have supervisory personnel who will act as work site supervisors for each of
the Worksite Employer's work sites so as to provide for continuous on-site supervision of
participants.
Form NEG 001 Page 3 of 5 Original — Workforce Center
WFSSET (10/08) Copy — Employer
Directive 08-32 Attachment 1 — Amended
C. Assign worthwhile and meaningful work to participants during the entire time they are at the
worksite.
D. Require participants' conformance with the Worksite Employer's Personnel Rules of Conduct.
E. Provide orientation and train their work site Supervisory personnel including any alternate staff
directly responsible for the supervision of participants as to the Worksite Employer's
responsibilities and obligations under this Agreement.
F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and/or ongoing
changes in the designation of personnel who will be supervising the participant(s).
G. Be accountable for maintaining participant time sheets by keeping accurate work time
attendance rosters, supervising the proper completion and signing of time sheets by each
participant, certifying and signing participant time sheets if all the prior requirements are met,
and submitting these timesheets to the Workforce Solutions of Southeast Texas representative
as instructed.
H. Ensure that all sites where participants will be assigned are sanitary and safe environments in
accordance with health and safety standards established by State and Federal law.
1. Ensure that all required safety supplies and equipment are used in the proper manner for the
intended use.
J. Conform to normal routines and functions befitting a reasonable business establishment,
including, but not limited to, appropriate supervision on the premises at all times, displaying
positive work habits, maintaining safe working conditions, and appropriate attire.
K. Have an inclement weather plan for any approved positions that are required to work out of
doors to ensure that alternative tasks can be performed inside during inclement weather.
L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an
accident or injuries occur at the job site affecting or involving a participant and require the
participant to complete a first report of injury form.
M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern
regarding a participant's performance at a work site as soon as possible, but at least within 24
hours of when the problem is identified.
N. Not discriminate against any participant or potential participant because of race, color, religion,
sex, national origin or disability.
O. Ensure that participants receive fair and impartial treatment and that participants shall not be
subjected to harassment of any type or form.
P. Ensure that the following general conditions for temporaryjobs shall be complied with:
1) Participants shall receive comparable working conditions and non -payroll benefits such as rest
breaks, etc. as other employees;
2) There shall be no displacement of regular employees nor replacement of laid -off workers by the
temporary job participant(s); and
3) There shall be no infringement of promotional opportunities for regular employees.
U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any
portion thereof without the prior written approval of Workforce Solutions of Southeast Texas.
Form NEG 001 Page 4 of 5 Original — Workforce Center
WFSSET (10/08) Copy — Employer
Em to er
Directive 08-32 Attachment 1 — Amended
V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal
funds. Implement administrative controls to ensure that costs for wages and other costs that
the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by
other federal, state, or local programs to eliminate the possibility of a duplication of funding.
W. Maintain all records and files pertaining to the operation of this Agreement and any amendment
hereto for three (3) years following expiration of this Agreement. Records and files shall include,
but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc.
X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits,
claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast
Texas, State of Texas, federal officials or participants that in any way relates to this Agreement.
Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are
only performing disaster -related work activities. The Worksite Employer shall notify Workforce
Solutions of Southeast Texas of any changes to the required work hours, job description, and/or
if the disaster recovery work has been completed and the job needs to be ended.
Prohibited Activities
Sectarian Activities: The Worksite Employer assures that participants will not be employed in building,
operating, or maintaining any part of any building, which is used for religious instruction or worship.
Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not
impair existing contracts for services or collective bargaining agreement between the Worksite Employer
and other parties, nor will this agreement assist, promote or deter union organization.
Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with
political or lobbying activities or the cost of any salaries or expenses related to any activity designed to
influence legislation or appropriation pending before the Congress of the United States.
Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise
contribute to the relocation of the Worksite Employer's business.
IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the
power and authority to execute this Agreement and perform the responsibilities specified herein have made and
executed this Agreement on the respective dates under each signature.
Worksite Employer Name
Workforce Solutions of Southeast Texas
Signature Authority Signature Authority
Print Name Print Name
Form NEG 001 Page 5 of 5
WFSSET (10/08)
Directive 08-32 Attachment 1 — Amended
Original — Workforce Center
Copy — Employer
Date
Form NEG 001 Page 6 of 5 Original —Workforce Center
WFSSET (10/08) Copy — Employer
Directive 08-32 Attachment 1 — Amended
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with Workforce
Solutions of Southeast Texas to provide the City of Beaumont with temporary workers for the
purpose of cleanup, restoration and humanitarian efforts made necessary as a direct result
of recovery efforts associated with Hurricane Ike.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
[1EA,[114011
T- E- X- A- S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
CS3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council approve a resolution authorizing the reallocation of.
$40,500 from the Clearance and Demolition Line Item to
the Public Services Line Item of the 2008 Community
Development Block Grant Budget in order to fund
Experience Corps of Southeast Texas.
RECOMMENDATION
Administration recommends the reallocation of these funds to support Experience Corps of
Southeast Texas.
BACKGROUND
On September 9, 2008, Ms. Stephanie Lartigue, Executive Director of Experience Corps of
Southeast Texas, requested assistance from the City Council to fund this program. Council heard
the presentation describing the intergenerational tutoring program that utilizes the time, talents
and patience of senior citizens to help school-age students. The program has been operating in
the Port Arthur School District since 1995 and is now looking to expand into the Beaumont
School District. Individual tutoring is provided to students who have been identified by their
teachers as the lowest performing students or students at risk of failure.
These awarded funds will be used to pay salaries and purchase equipment and supplies for the
program, targeting children from low -to -moderate income families who attend six Beaumont
Elementary Schools.
BUDGETARYIMPACT
The 2008 Community Development Block Grant Program will be amended to reflect a $40,500
decrease in the Clearance and Demolition Line Item and an increase to the Public Services Line
by the same amount.
EXPERIENCE
CORPS `°
=o Fastex Freeway .. SEaunmt. Tx- Mo.*- Phone [40N M - at" Ext 375 - Fax t4091347IMM
A Division of the South East Texas Regional Planning Commission
July 23, 2008
Mr. Kyle Haynes,
Enclosed is the agreement for services to be provided by Experience Corps South
Fast Texas for the recruitment, training and placement of 18 volunteer members for
the 2008-2009 school year. (Please sign and return in the self addressed envelope
provided.)
Your total agreement amount of $40,301.50 is in three installments of $13,433.83.
An invoice will be mailed on August 31, 2008 / December 31, 2008 / and May 31,
2009. Please make payments payable to Experience Corps SE Texas.
Again, thank you for your commitment and support. We are looking forward to a
successful and exciting school year with Experience Corps and the City of
Beaumont.
Cinraraly
Program Director
Experience Corps SE Texas
Office (409) 899-8444 ext. 315
Cell (409) 351-6890
spearson&setrpc.org
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EXPERIENCE
CORPS`
South East Texas
BUDGET NARRATIVE
2008-2009
(based on 18 BISD members sharing cost with 46 PAISD members)
1. Salary: Program Director and coordinator. The amount for the Program
Director does not reflect release time. The Program Director is full time. The
coordinator is part time. Cost of release time, which is calculated at 15.1 % of gross
payroll, is included under Fringe Benefits. Program Director is responsible for all
areas of the program including recruitment, training, monitoring, securing of funds,
program goals and reporting. The coordinator is responsible for data entry, record
keeping and evaluations, which includes managing office necessities. Beaumont
cost $16,112
2. Benefits: The South East Texas Regional Planning Commission's fringe
benefit program includes annual leave, medical, dental, disability, term life and
workmen's compensation insurance; and a retirement program. The South East
Texas Regional Planning Commission does not participate in Social Security
coverage and is a reimbursing, rather than an insured, employer in unemployment
compensation. The planning Commission has a current fringe benefit allocation
rate of 45.4%. Benefits are allocated to chargeable salaries at this rate rather than
at actual cost. Total cost is $ Beaumont cost $7,379
3. Indirect Program/Operating Site: Indirect is computed at 23.3% of the cost
of the total personnel expenses. Indirect costs will cover, postage, telephone/fax
expenses, audit, fiscal and administrative support. Beaumont cost $5,403
4. Supplies: Each member will have a $30 supply allowance for the year,
which includes material needed for individualized tutoring sessions (paper, pencils,
worksheets, books, learning games, posters etc...) Beaumont cost $540
5. Volunteer training — binders, folders, copy papers, handouts and
refreshments for trainings and in service. Beaumont cost $500
6. Local Travel- each member receives $35 travel reimbursement per month
for 8 months (Sept. April) and $17.50 for half the month of May = $13,685.
Program director and coordinator receives mileage reimbursement at .505 per mile
at approximately $2,000 per year. Beaumont cost $6,355
7. S ace - office space at SETRPC is $7,146 per year. Beaumont cost
$3,573
8. Eauiument office machinery and yearly maintenance Beaumont
cost $500
9. Volunteer Incentives - each (18) member that completes assigned
hours will receive $220 per month for 8 months and $110 for 1 month =
Beaumont cost $33,660
10. Team leader incentive -each of the 6 schools will have one team leader
($60 per month) for 9 months. Beaumont cost $3,240
11. Parental Involvement Activities- The 8 elementary schools will
host three parental involvement activities: Flyers and advertisements will be sent
home with students and information given at each event. Open House (continental
breakfast served) and Show and "Tale" (refreshments served and books given to
the students) Summer Reading Packages (envelope packages, calendar of
activities, book reading list and worksheets) Beaumont cost $500
12. UniformS-Each new volunteers will receive a green Experience Corps
vest$18.00 with logo imprinted on the back and a nametag $4.50. All members
will be given identical paraphernalia for identification purposes and recruitment
purposes. Beaumont cost $405
13. Advertisement/recruitment advertisement flyers, and handouts for
expansion and informational purposes. Beaumont cost $500
14. Volunteer Insurance — Accident insurance $3.75 per person, personal
liability $1.72, ($5.47 per 46 members) VIS membership fee $135.00.
Beaumont cost $136.00
15. Recognition — This amount includes year end appreciation luncheon and
gifts / tokens of appreciation. Each member price at $150.00 per year.
Beaumont cost $1,800
16. Long Distance Travel. Program Director and or program staff attend
yearly national conference for training and networking purposes. Beaumont
cost $0
Beaumont Cost
TOTAL BUDGET
$80,603.00
$ 278,613.00
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THATthe City Council hereby approves the reallocation of $40,500 from the Clearance and
Demolition Line Item to the Public Services Line Item of the 2008 Community Development
Block Grant Budget to fund and support Experience Corps of Southeast Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
11EA,[114011T
T • E • % • A • S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property along Old Dowlen Road.
BACKGROUND
The City of Beaumont is planning improvements to Old Dowlen Road from State Highway 105 to
Dowlen Road. The 3.5176 acres tract is for the purpose of locating, constructing and
maintaining a drainage right-of-way for the Old Dowlen Road Project. Weston Trails
Property, Ltd., owner of the property listed below, has agreed to convey their property to the
City for the negotiated value:
3.5176 acres tract out of Tract 1-H-1, City Plat RS -4, W. B. Dyches
Survey [Old Dowlen Road]
Negotiated Value: $300,000
BUDGETARY IMPACT
Funds are available in the Capital Program.
engold-dow len_martin-ib. wpd
29 October 2008
F
RESOLUTION NO.
WHEREAS, an agreement has been negotiated in the amount of $300,000 for the
acquisition of land located along Old Dowlen Road, being a 3.5176 acre tract out of Tract 1-H-
1, City Plat RS -4, W. B. Dyches Survey [Old Dowlen Road], Beaumont, Texas, as described
in Exhibit "A" and shown on Exhibit "B" attached hereto, for the purpose of locating,
constructing and maintaining a drainage right-of-way for the Old Dowlen Road Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following land, as described in Exhibit "A" and shown on Exhibit "B"
attached hereto, for the purpose of locating, constructing and maintaining a drainage right-of-
way for the Old Dowlen Road Project, be and the same is hereby, approved:
3.5176 acres tract out of Tract 1-H-1, City Plat RS -4, W. B.
Dyches Survey [Old Dowlen Road]
Negotiated Value: $300,000
Owner: Weston Trails Property, Ltd.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 3.5176 Acre Tract
W. B. Dyches Survey, Abstract No. 17
Beaumont, Jefferson County, Texas
BEING a 3.5176 acre tract of land situated in the W. B. Dyches Survey, Abstract No. 17,
Jefferson County, Texas and being out of and part of the remainder of that certain called 118.598
acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company
to Weston Trails Property, Ltd. as recorded in Clerk's File No. 1999023143, Official Public
Records of Real Property, Jefferson County, Texas, said 3.5176 acre tract being more
particularly described as follows:
NOTE: All bearings are based on that certain called 15.02 acre tract of land as
recorded in Clerk's File No. 2004032108, Official Public Records of Real
Property, Jefferson County, Texas as SOUTH 86°5759" WEST. All set 5/8" iron
rods set with a cap stamped "M. W. Whiteley & Associates".
BEGINNING at an iron rod with a cap found for the Southeast corner of the tract of land herein
described, said corner also being the Northeast corner of that certain called 15.02 acre tract,
identified as TRACT II as described in a "Special Warranty Deed" from Weston Trails Property,
Ltd. to Lynch Texas Pointe, LLC as recorded in Clerk's File No. 2004032108, Official Public
Records of Real Property, Jefferson County, Texas and said corner being in the West right-of-
way line of Old Dowlen Road;
THENCE SOUTH 86057'59" WEST, for the boundary between the tract herein described and
the said 15.02 acre Lynch Texas Pointe, LLC tract, the same being the South line of the
remainder of the said 118.598 acre Weston Trails Property, Ltd. tract, for a distance of 1458.44
feet to an iron rod with a cap found for corner, said corner being the Northwest corner of the said
15.02 acre Lynch Texas Pointe, LLC tract and also being in the East line of that certain called
294.8436 acre tract of land as described in a "Special Warranty Deed" from Amoco Production
Company to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No.
2002000092, Official Public Records of Real Property, Jefferson County, Texas, the same
being the East line of that certain called 7.57 acre easement, identified as Tract 2-C, also known
as Ditch 123-A, as described in a deed from Amoco Production Company to Jefferson County
Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of
Real Property, Jefferson County, Texas;
THENCE NORTH 04°05'21 " WEST, for the boundary between the remainder of the said
118.598 acre Weston Trails Property, Ltd. tract and the said 294.8436 acre Northwest Beaumont
Development, Ltd. tract, for a distance of 105.02 feet to a 5/8" iron rod set for corner;
THENCE NORTH 86057'59" EAST, parallel and 105.00 feet perpendicular to the North line of
the said 15.02 acre Lynch Texas Pointe, LLC tract, for a distance of 1460.14 feet to a 5/8" iron
rod set for corner, said comer being in the East line of the remainder of the said 118.598 acre
Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road;
EXHIBIT "A"
MARK W. WHITELEY AND ASSOCIATES, INC.
THENCE SOUTH 03009'50" EAST, along and with the East line of the remainder of the said
118.598 acre Weston Trails Property, Ltd. and the West right-of-way line of Old Dowlen Road,
for a distance of 105.00 feet to the POINT OF BEGINNING and containing 3.5176 ACRES,
more or less.
Surveyed on January 30, 2008 and revised July 31, 2008. This legal description is being
submitted along with a plat based on this survey (see EXHIBIT "B").
Thomas S. Rowe, RPLS No. 5728
W: 2007 07 -ISS 07-Min&b.doc
EXHIBIT "A"
MARK W. WNITELEYANDASSUCIA7-ES, INC.
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RICH WITH OPPORTUNITY
IIIE7A,111�ICIIIT
T• E• X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorne
November 4, 2008
Consider a resolution authorizing the settlement of the lawsuit of
Scott Lisenby, et al v. The City of Beaumont, et al
G
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the lawsuit of Scott Lisenby, et al v. The
City of Beaumont, et al to resolve the legal issues arising out of the April 24, 2008, Grade I1
examination.
BACKGROUND
Council discussed this lawsuit in Executive Sessions held on July 15, 2008, and October 21, 2008.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al was
discussed in Executive Sessions properly called and held on Tuesday, July 15, 2008, and
October 21, 2008; and
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the above -referenced lawsuit
to resolve the legal issues arising out of the April 24, 2008, Grade II examination.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized
to execute the necessary agreements in settlement of said lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
IIEA,111�10111
T• E• X - A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, Cit Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider authorizing the purchase of a drainage
easement.
RECOMMENDATION
The Administration recommends authorizing the purchase of a permanent drainage easement as
part of the Calder Avenue Drainage Project.
BACKGROUND
JPE, LTD., through its president, Joe Penland, Jr., has agreed to convey an eighty-five (85)
foot wide permanent drainage easement and adjacent temporary construction easements to the
City of Beaumont. The easement [out of Tract 1, Steam Mill Square, Original Townsite of
Beaumont] is part of the Calder Avenue Drainage Project where concrete box culverts are
being installed to improve drainage from Calder, along Elizabeth Street to the Neches River.
The owners of the above named property have agreed to convey the easement for the appraised
value of $3,000.00 [Appraiser: Bishop Real Estate Appraisers, Inc.].
BUDGETARY IMPACT
Funds are available in the Capital Program.
\engcalder-penland_project-ib
30 October 2008
T
RESOLUTION NO.
WHEREAS, an agreement has been negotiated with Joe Penland, Jr., President of
JPE, LTD, in the amount of $3,000 for the acquisition of an eighty-five foot (85') wide
permanent drainage easement and adjacent temporary construction easements, being a 0.11
acre parcel situated in the Noah Tevis Survey, A-52, Beaumont, Jefferson County, Texas, as
described in Exhibit "A" and shown on Exhibit "B" attached hereto, for the Calder Avenue
Drainage Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the permanent drainage easement and temporary construction
easements, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, in the
amount of $3,000 for the Calder Avenue Drainage Project be and the same are hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
W�;PRTECH "Recognizing the landmarks of the past...., setting our foresight towards the future"
LAND SURVEYORS, INC.
Richard L. Worthey, RPLS
J.L. Sims, Jr., RPLS
Michael S. Kethan, RPLS
EXHIBIT "A"
Page 1 of 2
February 4, 2008
Surveyor's Field Note Description: 0.11 Acre Storm Sewer Easement
BEING a 0.11 acre (4,964 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County,
Texas, out of a called 1.243 acre tract conveyed to Landeros Construction, Inc. by Warranty Deed with
Vendor's Lien dated October 17, 1990 recorded under Clerk's File No. 9031787 of the Jefferson County
Official Public Records of Real Property, and being out of the Mill Square of the Original Town Site of
Beaumont according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson
County Map Records, said 0.11 acre more particularly described by metes and bounds as follows;
COMMENCING, at a point in the east right of way line of Cypress Street, for the most northerly corner of
said 1.243 acre tract;
THENCE, South 42°58'30" East, 115.22 feet along the westerly bank of the Neches River, and the east
line of said 1.243 acres to a set 5/8 -inch iron rod set with cap (stamped "Wortech Surveyors") for the
northeast corner and POINT OF BEGINNING, of the herein described parcel;
THENCE, South 42058'30" East, 85.61 feet along the westerly bank of said Neches River, and the east
line of said 1.243 acres to a set 5/8 -inch iron rod set with cap (stamped "Wortech Surveyors") for the
southeast corner of the herein described parcel;
THENCE, South 86°35'26" West, 79.96 feet to a set 5/8 -inch iron rod set with cap (stamped "Wortech
Surveyors") in the easterly line of a Port of Beaumont Tract, Jefferson County Appraisal District account
number 003200000027300000006, and the westerly line of said 1.243 acres, for the southwest corner of
the herein described parcel;
THENCE, North 20°07'38" West, 5.78 feet along the easterly line of said Port of Beaumont Tract, and the
westerly line of said 1.243 acre tract to a set 5/8 -inch iron rod set with cap (stamped "Wortech Surveyors")
for an angle point in the easterly line of said Port of Beaumont Tract, the westerly line of said 1.243 acre
tract, and a southwesterly corner of the herein described parcel;
THENCE, North 40028'42" West, 75.77 feet along the easterly line of said Port of Beaumont Tract, and
the westerly line of said 1.243 acre tract to a set 5/8 -inch iron rod set with cap (stamped "Wortech
Surveyors") for the northwest corner of the herein described parcel;
THENCE, North 86035'26" East, 72.77 feet to the POINT OF BEGINNING, CONTAINING 0.11 acre
(4,964 square feet) of land in Jefferson County, Texas.
(This description is based upon a survey made on the ground under my direct supervision on January 8,
2008 and is being submitted along with a survey plat showing the property and facts found as described
herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection,
South mantra/ Zone, North American Datum (NAD83).
O F TFC
Reg ered Professional Land Surkeyor �� STERFO.9d,
N:\Survey_data\PROJECTS\Projects2006\2006-045\02\M&B ment.e
RICHARD L. WORTHEY
,'0,9 4964 Q,so. 7999 Gladys Avenue, Suite 102
• FESS%O . Q' Beaumont, Texas 77706-3109
.O
•' • • • • • y� Tel: 409.866.9 769 Fax: 409.866.7075
www.wortech.com
VICINITY MAP %
N.T.S.
- � HAZEL ,q IE
NORM
SITE
MCFADDIN q
o_ EIJUBEIH
CALDER i
3 MULBERRY
BROADWAY
0' 20' 40 80' m i
SCALE: 1"=40'
POC
FNO. i' I.P.
N. COR. OF
1.243 ACRES
s
A�. NO,4H TEVIS SURVEY, p-52
ss� JEFFERSON COUNTY, TEXAS
o O.
$a F
80 �
's
L7_
rn TEMPORARY
EASEMENT POB
S "s-
s N 88'35'28" E
72.77' STORM SEWER EASEMENT
0.11 ACRE
xa s s 4964 Sq. Fr.
c�0>, A
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DISTANCE
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L2 E 2203
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�
o W TEMPORARY EASEMENT �?
5 86'35'26" W
til 88.90'
CALLED 1243 ACRES
TO tANDEROS CONSTRUCTION, INC.
£ By WARRANTY DEED WITH VENDOR'S LIEN
MLL SOL4IRE DRIED TOB o317
17. 1990
u J.C.O.PR.R.P.
ORICIANI Ilk
TOWN S17E OF
8EAUMONT
ML. 448, PC. 249 1. All bearings shown hereon referenced to
✓.C.M.R. the Texas State Plane Coordinate System,
Lambert Projection, North American datum
I crsunm of 1983 (NAD 83), South Central Zone (U.S.
N Survey Foot).
A ABSTRACT `: \
C CALLED FNO. 1 2' I.R. >E 2, This survey was prepared without the
C.F. - CLERK'S FILE S.W. MILL SQUARE benefit of a current Commitment for Title
FNO. FOUND
I.R. IRON ROD Insurance or Abstractor's Certificate and
NO. NUMBER therefore easements or encumbrances may
J.C.O.P.R.R.P. JEFFERSON COUNTY OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY exist which are not shown hereon. No
Poe POINT OF BEGINNING research of the Public Records of Jefferson
POC POINT OF COMMENCEMENT County regarding these easements or
encumbrances was performed by WORTECH
Copyright 2008. All rights reserved. Duplication In any farm Land Surveyors, Inc.
whhou[ the express written permission of WORTECH Land
Surveyors, Inc. Is strictly prohibited. This survey is prepared 3. "S" denotes a set 5/8" iron rod with
for the exclusive use and benefit of the parties listed hereon.
Liability to third parties may not be transferred or assigned. cap (stamped "Wortech Surveyors').
JOB NO: 2006-045-02 We, WORTECH Land Surveyors, Inc, acting by and
FIELD 800K:I 665through Richard Worthey, a Registered Professional
DR.BY: RWG tg O F TF Land Surveyor, hereby certify that the drawing shown
DATE: 1/24/08 .11 a.. hereon is a true and correct representation made on
SCALE; 1--40- —.7 the ground, under my supervision, being situated in
the Noah Tevis Survey, A-52 of Jefferson County,
WPRTE C H RICHARD L WORTHEY Texas.
•�y04964��:Q Surve February 4, 200
LAND SURVEYORS, INC. �•• ;EsstQ� O
7999 Gladys Avenue, Suite 102 9��SUR��y
Beaurhont, Texas. 77706-3109 ` --
Tel: 409.866.9769 Registered Professional Land S eyor
Fax: 409.866.7075 THIS DOCUMENT NOT VALID
WITHOUT ORIGINAL SEAL AND
www.wortech.corn SIGNATURE OF PERSON CERTIFYING
RICH WITH OPPORTUNITY
BEA,UMON*
T• E• X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 4, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 7-15/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a specific use permit to allow a drinking place (bar) in a
GC -MD (General Commercial -Multiple Family Dwelling) District at 3684-B
College Street
2. Consider a request for a specific use permit to allow an attorney's office in a RCR
(Residential Conservation and Revitalization) District at 2325 Liberty
Consider a request for a specific use permit to allow a cosmetic company in a GC -
MD (General Commercial -Multiple Family Dwelling) District at 75 N. Major
Drive
4. Consider a request for a specific use permit to allow a tattoo parlor in the CBD
(Central Business District) at 665 Orleans
5. Consider a request for an amendment to Section 30, City of Beaumont Zoning
Ordinance to allow temporary and permanent batching plants with a specific use
permit in a LI (Light Industrial) District
6. Consider a request for a general land use and a specific use permit to allow 250
apartments in the PUD (Planned Unit Development) District located on the west
side of N. Major between the LNVA Canal and Perl Road
7. Consider a request to abandon a portion of Chinn Lane
8. Consider a request to abandon a utility easement located on the property at 1550
IH -10 East
9. Consider authorizing the City Manager to execute an Industrial District Contract
with Sartomer Company
10. Consider approving an agreement for public adjusting services for insured losses
associated with the Hurricane Ike disaster
11. Consider approving a contract for street, drainage and sidewalk improvements on
various streets in the downtown area (Park, Neches, North Pearl, College, Wall,
Forsythe, Fannin, Bowie, Liberty and Broadway)
12. Consider accepting the Grand Recap of the tax roll for the tax year 2008 (Fiscal
Year 2009)
13. Consider approving a contract for the purchase of Sodium Hydroxide for use by
the Water Utilities Department
14. Consider approving an amendment to the Lease Agreement with the Industrial
Safety Training Council (ISTC)
15. Consider approving a contract for the Archive Building Addition to the Tyrrell
Historical Library
COMMENTS
* Councilmembers/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:
Tina Lewallen vs. the City of Beaumont
Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Tina Broussard, City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
November 4, 2008
Consider a request for a specific use permit to allow a drinking place (bar) in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 3684-B College Street
RICH WITH OPPORTUNITY
11EA,11110
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
c)>3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a drinking place (bar) in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 3684-B
College Street.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
John Wilson, representing R & W Inc., has applied for the specific use permit.
Mr. Wilson states that the bar will be known as The Ticket Sports Bar and Club. It will operate
between the hours of 4 p.m. and 2 a.m., Monday -Sunday. The operation will consist of a full
service bar, an area for pool tables, dart boards and Golden T Golf. Televisions will be installed
to view televised sporting events. DJ music will be provided on weekends. On special
occasions, live bands will be booked to play.
The subject property is the former location of the Gateway Theater. When that business closed,
the building was subdivided and converted into other uses. Currently, a medical imaging firm is
located in one-half of the building.
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended
approval 5:0 of a specific use permit to allow a drinking place (bar) in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 3684-B College Street.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DRINKING PLACE (BAR) IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 3684-B COLLEGE
STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to John Wilson as representative of R&W Inc.; dba The Ticket, to allow a drinking
place (bar) in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at 3684-B College Street, being the North 180' of Lot 113 and the South 122' of Lot
125, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.69
acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT:
Section 1.
That a specific use permit to allow a drinking place (bar) in a GC -MD (General
Commercial -Multiple Family Dwelling) District for property located at 3684-B College
Street, being the North 180' of Lot 113 and the South 122' of Lot 125, College Acres
Addition, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less,
as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, is
hereby granted to John Wilson as representative of R&W, Inc. dba The Ticket, its legal
representatives, successors and assigns.
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 30 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 4th day of
November, 2008.
- Mayor Becky Ames -
[963"P: Request for a specific use permit to allow a bar in a GC -M (General
mercial-Multiple Family Dwelling) District
tion: 3684B College
icant: John Wilson, R&W Inc., dba The Ticket
0100 200 Feet
I , I
EXHIBIT "A"
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s
I i
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2
Z
IBIT "B"
2
November 4, 2008
Consider a request for a specific use permit to allow an attorney's office in a RCR (Residential
Conservation and Revitalization) District at 2325 Liberty
RICH WITH OPPORTUNITY
11EA,[114011*
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
G)$
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow an attorney's office in the RCR (Residential
Conservation and Revitalization) District at 2325 Liberty.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Suzanne Wohleb has applied for the specific use permit.
Ms. Wohleb states that she and her husband will be renting the space for their law offices. The
Wohlebs practice primarily in the areas of Family Law and Criminal Defense. Regular hours of
operation will be from 8:00 a.m. - 5:00 p.m., Monday - Friday. At this time, there will be no
staff members, but they may hire one person at a later date.
This property originally received a specific use permit to allow a home health care business.
Most recently, a specific use permit was granted for an interior design office and caregiver
education classes.
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended
approval 5:0 of a specific use permit to allow an attorney's office in the RCR (Residential
Conservation and Revitalization) District at 2325 Liberty.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ATTORNEY'S OFFICE IN A RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT FOR PROPERTY LOCATED AT 2325 LIBERTY IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Suzanne Wohleb to allow an attorney's office in a RCR (Residential Conservation
and Revitalization) District for property located at 2325 Liberty, being the North 2/3 of Lot
5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont, Jefferson County,
Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT:
Section 1.
That a specific use permit to allow an attorney's office in a RCR (Residential
Conservation and Revitalization) District for property located at 2325 Liberty, being the
North 2/3 of Lot 5 and all of Lot 6, Block 24, Averill One Addition, City of Beaumont,
Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes, is hereby granted to Suzanne
Wohleb, her legal representatives, successors and assigns.
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 30 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 4th day of
November, 2.008.
- Mayor Becky Ames -
1961-P: Request for a specific use permit to allow an attorney's office in an RCR
idential Conservation and Revitalization) District.
cation:. 2325 Liberty
Plicant: Suzanne Wohleb
0 100200 Feet
EXHIBIT "A"
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2325 & 2335 LIBERTY AVENUE
(60' RICHT OF WAY)
279.96 sq.ft. LANDSCAPZ AREA
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LANDSCAPE •J11N. LS 200 sq f t PZR 40.00 sq..t.
'Q8. LESS $ARMWG AR81 W. rAW - CITY, Of '
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CAR STOPS COMPLY FM SECTION 90-27 8
PAAXWG COMPLUS MITA SZC770N 90-27 7 TABLE
HANDICAP COMPLIES WITH SEC77ON 90-27 11(c)
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3
November 4, 2008
Consider a request for a specific use permit to allow a cosmetic company in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 75 N. Major Drive
RICH WITH OPPORTUNITY
IIEA,UI�1011*
T • E • % • A • S
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a cosmetic company in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 75 N.
Major Drive.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Tammy Powell, CEO of The Invisible Armor, Inc., has applied for the specific use permit.
Ms. Powell states that the 23,956 sq. ft. building will consist of areas dedicated to the receiving,
filling and shipping of cosmetic products, the company's corporate offices and office lease space.
14,000 sq. ft. will be dedicated to receiving finished formulations in totes and 55 gallon drums.
The totes and drums will connected to the appropriate filling machinery. Filling machines will
fill different sizes and shapes of containers. The products that will be brought in for filling will
be cosmetics such as bath and beauty products, hair care products and make-up/facial products.
These products will be case packed in shippers, placed on pallets and shipped out. No
manufacturing of products will occur on site.
5,596 sq. ft. of the building will be utilized for the corporate offices of The Invisible Armor, Inc.
The remaining 4,000 sq. ft. will be used for lease office space.
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval
5:0 of a specific use permit to allow a cosmetic company in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 75 N. Major Drive.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A COSMETIC COMPANY IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 75 N. MAJOR
DRIVE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Tammy Powell, CEO of The Invisible Armor, Inc., to allow a cosmetic company
in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at
75 N. Major Drive, being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont,
Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit "A"
attached hereto; 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 OF BEAUMONT:
Section 1.
That a specific use permit to allow a cosmetic company in a GC -MD (General
Commercial -Multiple Family Dwelling) District for property located at 75 N. Major Drive,
being Lots 2-3, Beaumont Orange and Fig Addition, City of Beaumont, Jefferson County,
Texas, containing 2.431 acres, more or less, as shown on Exhibit "A," attached hereto and
made a part hereof for all purposes, is hereby granted to Tammy Powell, CEO of The
Invisible Armor, Inc., its legal representatives, successors and assigns.
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 30 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 4" day of
November, 2008.
- Mayor Becky Ames -
File Request for a specific use permit to allow a cosmetic company in a GC -MD
(General Commercial Multiple Family Dwelling) District.
Location: 75 N. Major
Applicant: The Invisible Armor, Inc.
0100 200 Feet
I � t I
LAHIL311 "A"
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EXHIBIT "B" -
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EXHIBIT "B" -
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November 4, 2008
Consider a request for a specific use permit to allow a tattoo parlor in the CBD (Central Business
District) at 665 Orleans
RICH WITH OPPORTUNITY
[1EA,[111011*
T • E • X • A • S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
GS�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a tattoo parlor in the CBD (Central Business District)
at 665 Orleans.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Calvary Enterprises, dba Divine Ink Gallery, has applied for the specific use permit.
On June 9, 2008, Jason and Andrea Boever applied for a certificate of occupancy to allow the
operation of a tattoo shop and beauty salon and spa at the site of a former beauty school. The
certificate of occupancy was approved for the beauty salon only. The Boevers explained that part
of the beauty salon services would include the applying of permanent makeup such as eye
shadow and lip gloss. Those procedures were recognized as being part of the normal operation
of a beauty salon.
However, the Planning Manager told the Boevers that a tattoo shop that applied body art would
require a specific use permit. On July 22, 2008, the Boevers were notified by certified mail that
the City had conducted an investigation and found that a tattoo shop was illegally operating at
665 Orleans. Advertising for the business states that custom tattooing is one of the services
provided. Despite their agreement to not offer tatoos at the time of the application to the City
and warnings from the City's Zoning Inspector, the operators continued to sell tattoos and
advertise extensively for such a service. Application for the specific use permit for the tattoo
shop was submitted on August 1, 2008.
Divine Ink Gallery & Salon is a full service cosmetic salon offering cutting and coloring of hair,
barber shop services, massage therapy, spa and facial treatments, makeup application, permanent
makeup application and custom tattoos. The Boevers state that they are licensed by the Texas
Department of State Health Services for the application of both permanent makeup and custom
tattoos.
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended denial
4:1 of a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665
Orleans.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A TATTOO PARLOR IN THE CBD
(CENTRAL BUSINESS DISTRICT) FOR PROPERTY
LOCATED AT 665 ORLEANS IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Calvary Enterprises dba Divine Ink Gallery to allow a tattoo parlor in the CBD
(Central Business District) for property located at 665 Orleans, being Tract 1, Lots 199 and
200, Block 40, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing
0.33 acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT:
Section 1.
That a specific use permit to allow a tattoo parlor in the CBD (Central Business
District) for property located at 665 Orleans, being Tract 1, Lots 199 and 200, Block 40,
Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres,
more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all
purposes, is hereby granted to Calvary Enterprises dba Divine Ink Gallery, its legal
representatives, successors and assigns.
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 30 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 4th day of
November, 2008.
- Mayor Becky Ames -
ite-1959"P: Request for a specific use permit to allow a tattoo parlor in the CBD (Central
usiness District).
ocation: 665 Orleans
pplicant: Calvary Enterprises dba Divine Ink Gallery
0100 200 Feet
I i I 1
Legend
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EXHIBIT `A'
07/31/2008 22:33 281-444-6756 R D GILBERT ENTERP PAGE 01
November 4, 2008
Consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow
temporary and permanent batching plants with a specific use permit in a LI (Light Industrial)
District
RICH WITH OPPORTUNITY
11EA,[111011*
T - E - % - A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C'511
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider a request for an amendment to Section 30,
City of Beaumont Zoning Ordinance to allow temporary
and permanent batching plants with a specific use permit in
the LI (Light Industrial) District.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Due to the environmental hazards that temporary and permanent batching plants can cause, the
Community Development Department has requested that the Chapter 30, City of Beaumont
Zoning Ordinance, be amended to only allow temporary and permanent batching plants within
the LI (Light Industrial) District with a specific use permit and within the HI (Heavy Industrial)
District by right.
Currently, temporary batching plants are permitted in the A -R (Agricultural -Residential) District
with a specific use permit and within the LI and HI Districts by right. Permanent batching plants
(SIC 353) are permitted with a specific use permit in LI and by right in M. However, Sec. 30-33,
Special Condition #18, allows all uses permitted in SIC Group 35 to be located in the GC -MD,
CBD and C -M Districts with a specific use permit and subject to a number of conditions.
The recommended changes to Chapter 30, Zoning Ordinance, are as follows:
Sec. 30-24B, Permitted Use Table
Delete temporary batching plants (SIC 295 and SIC 3273) from the A -R District.
Change temporary batching plants (SIC 295 and SIC 3273) from permitted by right to
permitted with specific use permit in the LI District.
Sec. 30-33, Special Conditions
(b) 18. The land uses listed under SIC Group numbers 20 through 26, 30 through 32, 34,
35, 37 and 44 shall be permitted within the GC -MD, CBD and C -M zoning
districts if, 1) granted a specific use permit and 2) comply with the following
conditions:
a. All business related activities including storage of material and equipment
shall be conducted within a completely enclosed structure.
b. All lighting shall be situated so as not to cast or reflect light on any
residential property.
C. A Traffic Circulation Plan, showing all parking, drives, loading/unloading
areas, and curb cuts and truck routes shall be submitted to the City
Engineer for his approval. The City Engineer may, as a condition of
approval of the Traffic Circulation Plan, restrict the size of trucks parked
on the site or involved in deliveries and pickup. The City Engineer may
also designate or restrict truck routes.
d. The maximum gross floor area for any lot or premise shall be five
thousand (5000) square feet.
e. Signs shall comply with the sign requirements for the NC, Neighborhood
Commercial District.
f. Industrial Performance Standard as specified in Section 30-31 will be
applicable.
g. Special Condition 18 shall not apply to temporary batching plants (SIC
295 and SIC 3273) and permanent batching plants (SIC 353).
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended
approval 5:0 of an amendment to Section 30, City of Beaumont Zoning Ordinance to allow
temporary and permanent batching plants with a specific use permit in the LI (Light Industrial)
District.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SUBSECTION 30-24(b), PERMITTED USE TABLE, TEMPORARY
BATCHING PLANTS, AND SUBSECTION 30-33(b)18, SPECIAL
CONDITIONS, PROVIDING FOR TEMPORARY BATCHING PLANTS
IN LI (LIGHT INDUSTRIAL) DISTRICTS; PROVIDING FOR REPEAL
AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Article II, Section 30-24(b), of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to remove temporary batching plants (SIC
295 and SIC 3273) from the A -R District and change temporary batching plants (SIC 295
and SIC 3273) from being permitted by right to being permitted with a specific use permit
in the LI District as follows:
SEC 30-24(b) PERMITTED USE TABLE
ZONING DISTRICT
Parking
Group
Special
Cond.
PERMITTED PRIMARY USES
SIC
A -R R -S RM -M RM -H RCR NC GC- GC- CBD C -M LI HI PUD GROUP
MD MD -2
Group
Cond.
S P 29 PETROLEUM REFINING & RELATED
7
INDUSTRY (except as noted)
+SP
295 Temporary Batching Plants
7
10
and
ZONING DISTRICT
Pa[!qM
Special
PERMITTED PRIMARY USES
Group
Cond.
SIC
A -R R -S RM -M RM -H RCR NC GC- GC- CBD C -M
MD MD -2
LI
HI PUD GROUP
S
P
P
132 STONE, CLAY, GLASS & CONCRETE
7
18
PRODUCTS (except as noted)
S
P
P
324 Cement, Hydraulic
7
18
S
P
P
327 Concrete, Gypsum and Plastic Products
7
18
(except as noted)
S
P
3273 Temporary Batching Plant
7
10/18
S
P
329 Abrasive, Asbestos, and Miscellaneous
7
18
Non -Metallic Mineral Products
Section 2.
THAT Chapter 30, Article II, Section 30-33(b)(18), be and it is hereby amended
to read as follows:
Section 30-33. Special conditions.
(18) Permitted land uses. The land uses listed under SIC Group number
20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within
the GC -MD, CBD and C -M Zoning Districts if: (1) granted a specific use
permit and (2) comply with the following conditions:
a. All business-related activities, including storage of materials and
equipment, shall be conducted within a completely enclosed
structure.
b. All lighting shall be situated so as not to cast or reflect light on
any residential property.
c. A traffic circulation plan showing all parking, drives,
loading/unloading areas, and curb cuts and truck routes shall be
submitted to the city engineer for his approval. The city engineer
may, as a condition of approval of the traffic circulation plan, restrict
the size of trucks parked on the site or involved in deliveries and
pickup. The city engineer may also designate or restrict truck
routes.
d. The maximum gross floor area for any lot or premise shall be
five thousand (5,000) square feet.
e. Signs shall comply with the sign requirements for the NC,
Neighborhood Commercial District.
f. Industrial performance standard, as specified in section 30-31,
will be applicable.
g. Special Condition 18 shall not apply to temporary batching
plants (SIC 295 and SIC 3273) and permanent batching plants
(SIC 353).
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
Di
November 4, 2008
Consider a request for a general land use and a specific use permit to allow 250 apartments in the
PUD (Planned Unit Development) District located on the west side of N. Major between the
LNVA Canal and Perl Road
RICH WITH OPPORTUNITY
11EA,[114011*
T • E - x • A • s City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
�}3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 4, 2008
REQUESTED ACTION. Council consider a request for a general lanu use and a
specific use permit to allow 250 apartments in the PUD
(Planned Unit Development) District located on the west
side of N. Major between LNVA Canal and Perl Road.
RECOMMENDATION
The Administration recommends approval of the request subject to the following condition:
1. Future phases will require that a traffic impact study be submitted with an
application for a general land use plan and a specific use permit.
BACKGROUND
Leonard Kirtman, representing Global Ventures, Inc., has applied for a general land use plan and
a specific use permit.
Mr. Kirtman states that approximately 34 acres with frontage on Major will consist of 250
apartment units. Mr. Kirtman initially requested 34 acres of retail and office uses, approximately
69 acres developed with 1,000 apartment units and 10-20 acres of open space available to the
community for recreation and amenities. The -Planning Commission recommended denial of this
concept based upon traffic concerns.
Mr. Kirtman has now submitted a letter stating that he would like to reduce Phase One to include
the construe -ion of 250 apartment units on the 34 acres previously designated for commercial.
This initial phase should take approximately two to three years to complete. Mr. Kirtman states
that he no plans at this time to build additional apartments or any commercial and understands
that City Council would have to approve any future development.
At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended denial
3:2 of a general land use and a specific use permit to allow retail and general office uses and
apartments in the PUD (Planned Unit Development) District located on the west side of N. Major
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW RETAIL AND GENERAL OFFICE USES
AND APARTMENTS IN A PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED ON
THE WEST SIDE OF NORTH MAJOR DRIVE BETWEEN THE
LNVA CANALAND PERL ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Global Ventures, Inc., to allow retail and general office uses and apartments in a
PUD (Planned Unit Development) District for property located on the west side of North Major
Drive between the LNVA Canal and Perl Road, as described in Exhibit "A" and shown on
Exhibit "B" attached hereto; 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 subject hereinafter
described condition.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow retail and general office uses and apartments in a
PUD (Planned Unit Development) District for property located on the west side of North Major
Drive between the LNVA Canal and Perl Road, as described in Exhibit "A" and shown on
Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to
Global Ventures, Inc., its legal representatives, successors and assigns subject to the
following condition:
• Future phases will require that a traffic impact study be submitted with
an application for a general land use plan and a specific use permit.
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 "C" 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 30 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 4th day of
November, 2008.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE, Abstract
No. 20 in Jefferson County, Texas, being out of and a portion of that certain 147.16 acre
tract of land designated as TRACT ONE (1) and described in an instrument from Lois
Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker, Ellen Rienstra,
Judith Linsley, Homer F. Walker, H, Lonnie C. Walker, Mark Douglas Walker, Roger
Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the
Deed Records of Jefferson County Texas said 107.287 acres being more particularly
described as follows:
Beginning at a %2" Rod set (in the center of a drain ditch) marking the West right-of-way
line of North Major Drive (State Highway FM 364, a 120' wide ROW), the South line of
the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed
Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority
(LNVA), the Northeast corner of the said 147.16 acre tract and being the Northeast corner
of the herein described tract;
Thence S 30°07'02" E (Ll, as referenced on the attached Plat) with the West line of North
Major Drive, the East line of the said 147.16 acre tract and the East line of the herein
described tract, at 800.86' pass a Texas Department of Transportation (TxDOT) Concrete
Monument, at 942.01' pass a'/2" Rod marking the Northeast comer of the Final Replat of
Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of
Jefferson County Texas and continue for a total distance of 1,247.01' to a !/2" Rod found
marking the Southeast corner of the said Final Replat of Block A and being an angle
point on the East line of the herein described tract;
Thence S 59°52`58" W (L2) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 440.00' to a 1/2" Rod found
marking an interior angle point;
Thence N 3000702" W (L3) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 5.00' to a '/2" Rod found
marking an interior angle point;
Thence S 59052'58" W (L4) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 460.00' to a 1/2" Rod set
marking the East line of a 70' wide drainage easement dedicated in the Greenfield Village
- Section One of record in Volume 14 on Page 146 of the said Map Records, the
Southwest corner of the said Final Replat of Block A aad being an interior angle point;
Thence N 30°07'02" W (L5) with the West line of the said Final Replat of Block A, the
East line of the said drainage easement and an interior line of the herein described tract
for a distance of 245.49' to an interior angle point;
Thence N 18°48'40" W (L6) with the West line of the said Final Replat of Block A, the
East line of the said drainage easement and an interior line of the herein described tract
for a distance of 45.39' to the Northwest corner of the said Replat of Block A, the
Northeast corner of the said dedicated drainage easement and being an interior angle
point;
Thence S 59°52'58" W (L7) with the North line of the said dedicated drainage easement
and an interior line of the herein described tract for a distance of 71.39' to a V? Rod set
marking the original Northwest corner of the said Section One, the Northwest corner of
the south dedicated drainage easement and being an interior angle point;
Thence S 18°48'40" E (L8) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
38.33' to a'/2" Rod set marking an interior angle point;
Thence S 30°07'02" E (L9) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
316.83' to a %2" Rod set marking an interior angle point;
Thence S 00°25'04" W (L10) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
of 154.97to a'/2" Rod set marking Southerly West line of that certain 9.96 acre tract of
land described in an instrument to the Easley Land Company of record in Film Code No.
100-10-0018 of the Official Public Records of Jefferson County, Texas and being an
interior angle point;
Thence N 89°34'56" W (L11) with the Southerly West line of the said 9.96 acre tract and
an interior line of the herein described tract for a distance of 104.43' to a'/2" Rod set
marking an angle point on the West line of the said 9.96 acre tract an being an interior
angle point;
Thence S 00°22'20" E (L12) with the West line of the said 9.96 acre tract and an interior
line of the herein described tract for a distance of 194.48' to a %2" Rod set marking the
Southwest corner of the said 9.96 acre tract and being an interior angle point;
Thence S 89°35'45" E (L13) with the South line of the said 9.96 acre tract, at 87.32' pass
a 5/8" Rod found marking the Southwest corner of the said Section One, and continue
with the South line of the said Section One and an interior line of the herein described
tract, at 1,066.55' pass a 5/8" Rod found marking the Northwest comer of that certain
4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum
Corporation of record in County Clerk's File No. 95-9511580 of the Official Public
Records, at 1,097.07' pass a Capped Rod found marking the Southeast corner of the said
Section One and the Southwest comer of that certain 3.2701 acre tract of land described
in an instrument to Parigi Property Management, Ltd, of record in County Clerk's File
No. 2003023009 of the Official Public Records and continue for a total distance of
1,429.19' to a Capped Rod found marking the West line of North Major Drive; the
Southeast corner of the said 3.2701 acre tract, the Northeast corner of the said 4.00 acre
tract, the East line of the said 147.16 acre tract in a curve to the right and being an angle
point on the East line of the herein described tract;
Thence Southerly (L14*) with the West line of North Major Drive, the East line of the
said 147.16 acre tract, the East line of the said 4.00 acre tract, the East line of the herein
described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that
bears S 13°41'39" E, a Chord distance of 407.89' of an Are distance of 410.58' to a point
marking the end of said curve and being an angle point on the East line of the herein
described tract;
Thence S 01'16'48" E (L 15) with the West line of North Major Drive, the East line of the
said 147.16 acre tract, the East line of the said 4.00 acre tract and the East line of the
herein described tract for a distance of 5.18' to a TxDOT Concrete Monument found
marking the Northeast corner of Beau Terrance Subdivision of record in Volume 5 on
Page 79 of the said Map Records, the Southeast comer of the said 4.00 acres, the
Southeast comer of the said 147.16 acre tract and being the Southeast corner of the herein
described tract;
Thence S 89°01'42" W (L16) with the North line of the said Beau Terrace, the North line
of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map
Records, the South line of the said 4.00 acre tract, the South line of the said 146.16 acre
tract and the South line of the herein described tract for a distance 1,119.67' to a `/2' Rod
found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of
record in Volume 4 on Page 139 of the said Map Records and being an angle point on the
South line of the herein described tract;
Thence S 88°56'05" W (L17) with the North line of the Block 3, the South line of the said
147.16 acre tract and the South line of the herein described tract for a distance of 561.50'
to a 1/2" Rod found marking the Northwest comer of the said Block 3, the Northeast
corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the
South line of the herein described tract;
Thence S 88°54'53" W (L18) with the North line of the said Block 4, the South line of the
said 147.16 acre tract and the South line of the herein described tract for a distance of
280.09' to a 1/2' Rod found marking an angle point on the South line of the herein
described tract;
Thence S 88°57'06" W (L19) with the North line of the said Pearl Acres Subdivision, the
South line of the said 147.16 acre tract and the South line of the herein described tract for
a distance of 2,520.72' to the centerline of a 130' wide drainage easement shown on Plat
prepared by Garrod & Dartez of record in an instrument to Jefferson County Drainage
District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public
Records, the Southeast comer of that certain 31.24 acre tract of land described in an
instrument to Howard D. Wilcox of record in County Clerk's File No. 2002007175 of
Real Property Records of Jefferson County, Texas, being in a curve to the right and being
the Southwest corner of the herein described tract;
Thence Northerly (L20*) along the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract
and the said curve to the right, having a Radius of 345.00', a Chord that bears N
11'48'17" W, a Chord distance of 92.96' for an Arc distance of 93.25' to a point marking
the end of said curve and being an angle point on the West line of the herein described
tract;
Thence N 04°03'25" W (L21) with the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 348.76' to an angle point on the West line of the herein described tract;
Thence N 09°30'39" E (1,22) with the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 86.51' to the South line of the said LNVA Canal, the Northeast corner of the
said 31.24 acre tract, the North line of the said 147.16 acre tract and being the Northwest
corner of the herein described tract;
Thence the following five (5) courses along the South line of the LNVA Canal, the North
line of the said 147.16 acre tract and the North line of the herein described tract:
1) S 89°47'21"
E (L23) for a distance of 362.67' to an angle point.
2) N 81028'37"
E (L24) for a distance of 556.78' to an angle point.
3) N 67-18'33 "
E (L25) for a distance of 393.49' to an angle point.
4) N 49°50'01"
E (L26) for a distance of 1,281.48' to an angle point.
5) N 49°19'18"
E (1,27) for a distance of 1,341.06' to the point and place of beginning,
containing in area, 107.287 acres of land, more or less.
SAVE AND EXCEPT:
The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such
stake is also in the West line of FM Highway 3120. It also locates the beginning of a non -
tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius
is 1,034.73 feet..
THENCE in a Southwesterly direction with the arc of said curve and with the West right-
of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a
fence comer locating the Southeast corner of said 147.16 acre tract of land and lying in
the North line of the Beau Terrace Addition;
THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau
Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein
contemplated.
THENCE due North to the south line of said 10 acre tract
THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said
10 acre tract to the iron stake in the West line of said Highway No. 3120, making the
place of beginning;
City of Beaumont, Jefferson County, Texas, Containing 104.287 acres more or less.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE, Abstract
No. 20 in Jefferson County, Texas, being out of and a portion of that certain 147.16 acre
tract of land designated as TRACT ONE (1) and described in an instrument from Lois
Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker, Ellen Rienstra,
Judith Linsley, Homer F. Walker, II, Lonnie C. Walker, Mark Douglas Walker, Roger
Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the
Deed Records of Jefferson County Texas said 107.287 acres being more particularly
described as follows:
Beginning at a %i" Rod set (in the center of a drain ditch) marking the West right-of-way
line of North Major Drive (State Highway FM 364, a 120' wide ROW), the South line of
the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed
Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority
(LNVA), the Northeast corner of the said 147.16 acre tract and being the Northeast corner
of the herein described tract;
Thence S 30°07'02" E (L1, as referenced on the attached Plat) with the West line of North
Major Drive, the East line of the said 147.16 acre tract and the East line of the herein
described tract, at 800.86' pass a Texas Department of Transportation (TxDOT) Concrete
Monument, at 942.01' pass a %2" Rod marking the Northeast corner of the Final Replat of
Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of
Jefferson County Texas and continue for a total distance of 1,247.01' to a'/2" Rod found
marking the Southeast corner of the said Final Replat of Block A and being an angle
point on the East line of the herein described tract;
Thence S 59°52'58" W (L2) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 440.00' to a %i" Rod found
marking an interior angle point;
Thence N 30°07'02" W (L3) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 5.00' to a %i" Rod found
marking an interior angle point;
Thence S 59°52'58" W (L4) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 460.00' to a %2" Rod set
marking the East line of a 70' wide drainage easement dedicated in the Greenfield Village
- Section One of record in Volume 14 on Page 146 of the said Map Records, the
Southwest corner of the said Final Replat of Block A and being an interior angle point;
Thence N 30°07'02" W (L5) with the West line of the said Final Replat of Block A, the
East line of the said drainage easement and an interior line of the herein described tract
for a distance of 245.49' to an interior angle point;
Thence N 18°48'40" W (L6) with the West line of the said Final Replat of Block A, the
East line of the said drainage easement and an interior line of the herein described tract
for a distance of 45.39' to the Northwest corner of the said Replat of Block A, the
Northeast corner of the said dedicated drainage easement and being an interior angle
point;
Thence S 59°52'58" W (L7) with the North line of the said dedicated drainage easement
and an interior line of the herein described tract for a distance of 71.39' to a %2" Rod set
marking the original Northwest corner of the said Section One, the Northwest corner of
the south dedicated drainage easement and being an interior angle point;
Thence S 18°48'40" E (L8) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
38.33' to a %z" Rod set marking an interior angle point;
Thence S 30°07'02" E (L9) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
316.83' to a %i" Rod set marking an interior angle point;
Thence S 00°25'04" W (L10) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
of 154.97' to a %Z" Rod set marking Southerly West line of that certain 9.96 acre tract of
land described in an instrument to the Easley Land Company of record in Film Code No.
100-10-0018 of the Official Public Records of Jefferson County, Texas and being an
interior angle point;
Thence N 89°34'56" W (L11) with the Southerly West line of the said 9.96 acre tract and
an interior line of the herein described tract for a distance of 104.43' to a'/2" Rod set
marking an angle point on the West line of the said 9.96 acre tract an being an interior
angle point;
Thence S 00°22'20" E (L12) with the West line of the said 9.96 acre tract and an interior
line of the herein described tract for a distance of 194.48' to a %2" Rod set marking the
Southwest corner of the said 9.96 acre tract and being an interior angle point;
Thence S 89°35'45" E (L13) with the South line of the said 9.96 acre tract, at 87.32' pass
a 5/8" Rod found marking the Southwest corner of the said Section One, and continue
with the South line of the said Section One and an interior line of the herein described
tract, at 1,066.55' pass a 5/8" Rod found marking the Northwest corner of that certain
4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum
Corporation of record in County Clerk's File No. 95-9511580 of the Official Public
Records, at 1,097.07' pass a Capped Rod found marking the Southeast comer of the said
Section One and the Southwest corner of that certain 3.2701 acre tract of land described
in an instrument to Parigi Property Management, Ltd, of record in County Clerk's File
No. 2003023009 of the Official Public Records and continue for a total distance of
1,429.19' to a Capped Rod found marking the West line of North Major Drive; the
Southeast corner of the said 3.2701 acre tract, the Northeast corner of the said 4.00 acre
tract, the East line of the said 147.16 acre tract in a curve to the right and being an angle
point on the East line of the herein described tract;
Thence Southerly (L14*) with the West line of North Major Drive, the East line of the
said 147.16 acre tract, the East line of the said 4.00 acre tract, the East line of the herein
described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that
bears S 13041'39" E, a Chord distance of 407.89' of an Arc distance of 410.58' to a point
marking the end of said curve and being an angle point on the East line of the herein
described tract;
Thence S 01 016'48" E (L15) with the West line of North Major Drive, the East line of the
said 147.16 acre tract, the East line of the said 4.00 acre tract and the East line of the
herein described tract for a distance of 5.18' to a TxDOT Concrete Monument found
marking the Northeast corner of Beau Terrance Subdivision of record in Volume 5 on
Page 79 of the said Map Records, the Southeast corner of the said 4.00 acres, the
Southeast corner of the said 147.16 acre tract and being the Southeast corner of the herein
described tract;
Thence S 89°01'42" W (L16) with the North line of the said Beau Terrace, the North line
of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map
Records, the South line of the said 4.00 acre tract, the South line of the said 146.16 acre
tract and the South line of the herein described tract for a distance 1,119.67' to a %2" Rod
found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of
record in Volume 4 on Page 139 of the said Map Records and being an angle point on the
South line of the herein described tract;
Thence S 88°56'05" W (L17) with the North line of the Block 3, the South line of the said
147.16 acre tract and the South line of the herein described tract for a distance of 561.50'
to a %" Rod found marking the Northwest corner of the said Block 3, the Northeast
corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the
South line of the herein described tract;
Thence S 88°54'53" W (L18) with the North line of the said Block 4, the South line of the
said 147.16 acre tract and the South line of the herein described tract for a distance of
280.09' to a %z" Rod found marking an angle point on the South line of the herein
described tract;
Thence S 88°57'06" W (L19) with the North line of the said Pearl Acres Subdivision, the
South line of the said 147.16 acre tract and the South line of the herein described tract for
a distance of 2,520.72' to the centerline of a 130' wide drainage easement shown on Plat
prepared by Garrod & Dartez of record in an instrument to Jefferson County Drainage
District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public
Records, the Southeast corner of that certain 31.24 acre tract of land described in an
instrument to Howard D. Wilcox of record in County Clerk's File No. 2002007175 of
Real Property Records of Jefferson County, Texas, being in a curve to the right and being
the Southwest corner of the herein described tract;
Thence Northerly (L20*) along the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract
and the said curve to the right, having a Radius of 345.00', a Chord that bears N
11°48'17" W, a Chord distance of 92.96' for an Arc distance of 93.25' to a point marking
the end of said curve and being an angle point on the West line of the herein described
tract;
Thence N 04°03'25" W (L21) with the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 348.76' to an angle point on the West line of the herein described tract;
Thence N 09°30'39" E (L22) with the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 86.51' to the South line of the said LNVA Canal, the Northeast corner of the
said 31.24 acre tract, the North line of the said 147.16 acre tract and being the Northwest
corner of the herein described tract;
Thence the following five (5) courses along the South line of the LNVA Canal, the North
line of the said 147.16 acre tract and the North line of the herein described tract:
1) S 89°47'21" E (L23) for a distance of 362.67' to an angle point.
2) N 81-28'37" E (L24) for a distance of 556.78' to an angle point.
3) N 67-18'33" E (L25) for a distance of 393.49' to an angle point.
4) N 49°50'01" E (L26) for a distance of 1,281.48' to an angle point.
5) N 49019'18" E (L27) for a distance of 1,341.06' to the point and place of beginning,
containing in area, 107.287 acres of land, more or less.
SAVE AND EXCEPT:
The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such
stake is also in the West line of FM Highway 3120. It also locates the beginning of a non -
tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius
is 1,034.73 feet.
THENCE in a Southwesterly direction with the arc of said curve and with the West right-
of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a
fence corner locating the Southeast corner of said 147.16 acre tract of land and lying in
the North line of the Beau Terrace Addition;
THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau
Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein
contemplated.
THENCE due North to the south line of said 10 acre tract
THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said
10 acre tract to the iron stake in the West line of said Highway No. 3120, making the
place of beginning;
City of Beaumont, Jefferson County, Texas, Containing 104.287 acres more or less.
10/27/2008 12:29 FAX
78 La Cumbre Circle
Santa Barbara, CA 93105
October 24, 2008
Dear Mayor and Beaumont City Council Members:
[a 002
Phone 805-589-5402
Fax 805-687-1821
8yndicator200@yah00, com
I am writing to you In support of Mr. Kerry Moncla's letter dated October.
24, 2008 regarding the 103 -acre property at North Major Drive. I am in
agreement with the letter's major points which consist of the following:
I. I have no Intention of ever building a shopping center on this site nor
using this property for commercial purposes.
2. My plan is to construct appi,oximately 250 apartment units in an initial
period of two to three years in the area that was designated for a (shopping
center. This should eliminate any concern about traffic congestion.
3.1 have no plans at this time to build additional apartments. I also
understand that the Council would have to approve any projects that I plan
In the future.
4.1 am requesting approval of this plan to attract development partners to
make this a Class A project with many amenities, beginning with the
construction of 250 apartment units.
S. i am requesting approval of the project In order to demonstrate that the
City of Beaumont is in favor of growth and development in this area.
8. Due to time restraints and the current economic difficulties, I am hoping
that the city will support my original site plan. This Is with the
understanding that 1 will not be building 1,000 apartment residences any
time soon or In the neer future, and that I understand that the City would
have to approve any further plans that 1 submit.
'thank you for your understanding and consideration. I look forward to your
review and approval of my project.
Sincerely,
Leo and K an
0960_P: Request for a general land use plan and a specific use permit to allow retail
d general office uses and apartments in the PUD (Planned Unit Development) District.
cation: West side of N. Major between LWA Canal and Perl Road
Plicant: Leonard Kirtman for Global Ventures Inc.
0800 1,600 Feet
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November 4, 2008
Consider a request to abandon a portion of Chinn Lane
RICH WITH OPPORTUNITY
BEA,UM011*
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C5 )
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
November 4, 2008
REQUESTED ACTION: Council consider a request to abandon a portion of Chinn
Lane.
RECOMMENDATION
The Administration recommends approval of the request to abandon a portion of Chinn Lane
subject to the following conditions:
• Retain an exclusive 20' sanitary sewer easement.
• The easement will need to be prepared, signed and sealed by a State of Texas
Registered Professional Land Surveyor.
• No structures or appurtenances shall be placed within the easement property.
• Water Utilities will not be responsible for any surface restoration if any sanitary
sewer main repairs are necessary.
BACKGROUND
Capital One, N.A., agent for Rosedale Ventures, LP, has requested the abandonment.
Chinn Lane, east of Walker, is an improved street. In 1981, the City of Beaumont accepted the
right-of-way from the neighboring propeity owners for the purpose of extending Chinn to Major.
However, that portion of Chinn, between Major and Walker was never improved and the City
now has no intention of constructing the street. Because the City is not going to construct the
street, the property owners to either side of the subject property have requested that this portion
of Chinn be abandoned.
At a Regular Meeting held October 20, 2008, the Planning Commission recommended approval
5:0 to abandon a portion of Chinn Lane subject to the following conditions:
Retain an exclusive 20' sanitary sewer easement.
The easement will need to be prepared, signed and sealed by a State of Texas
Registered Professional Land Surveyor.
No structures or appurtenances shall be placed within the easement property.
Water Utilities will not be responsible for any surface restoration if any sanitary
sewer main repairs are necessary.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A 1.67 ACRE
PORTION OF CHINN LANE BETWEEN MAJOR DRIVE AND
WALKER ROAD IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a 1.67 acre portion of Chinn Lane between Major Drive and Walker Road, in the City
of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit
"B" attached hereto, be and the same is hereby vacated and abandoned subject to the
following conditions:
• Retain an exclusive 20' sanitary sewer easement.
• The easement will need to be prepared, signed and sealed by a State of Texas
Registered Professional Land Surveyor.
• No structures or appurtenances shall be placed within the easement property.
• Water Utilities will not be responsible for any surface restoration if any sanitary
sewer main repairs are necessary.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4`h day of
November, 2008.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 1.67 acre portion of Chinn Lane described as follows:
BEGINNING at a bronze pin encased in concrete, said pin being the intersection of the
projected east line of Walker Road with the projected south line of Chinn Lane as
recorded on the plat of Bel Air Addition located in the W. B. Dyches League, said plat
being recorded in Volume 8, Page 38 of the Map Records, Jefferson County, Texas;
THENCE South along the east line of Walker Road a distance of 90.51 feet to a point for
a corner;
THENCE West a distance of 60.00 feet to a point for a corner, with said point lying on
the west line of Walker Road, and said point being the PLACE OF BEGINNING;
THENCE N 67° 00'08" W a distance of 21.72 feet to a point for a corner;
THENCE S 670 00'08" W a distance of 75.15 feet to a point for a corner;
THENCE S 63° 18' 04" W a distance of 100.00 feet to a point for a corner;
THENCE S 580 28'00" W a distance of 505.52 feet to a point for a comer;
THENCE S 140 36'00" W a distance of 84.85 feet to a point for a corner with said point
lying on the east line of FM 3120;
THENCE N 300 24'00" W along the east line of FM 3120 a distance of 220.00 feet to a
point for a corner;
THENCE S 750 24'00" E a distance of 84.85 feet to a point for a corner;
THENCE N 600 44'00" E a distance of 505.52 feet to a point for a corner;
THENCE N 630 18'04" E a distance of 100.00 feet to a point for a corner;
THENCE N 670 00'08" E a distance of 100.00 feet to a point for a corner;
THENCE N 700 42' 11" E a distance of a 39.84 feet to a point for a corner, said point
lying on the west line of Walker Road;
THENCE South along the west line of Walker Road a distance of 100.37 feet to the
PLACE OF BEGINNING, City of Beaumont, Jefferson County, Texas, containing 1.67
acres, more or less.
EXHIBIT `A'
MB; Request for the abandonment of a portion of Chinn Lane,
Between Major and Walker
Capital.0ne, N.A.
0 100 200
lJ Feet
EXHIBIT "B"
November 4, 2008
Consider a request to abandon a utility easement located on the property at 1550 IH -10 East
RICH WITH OPPORTUNITY
[1EA,UM011*
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
65S
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider a request to abandon a utility easement.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Montgomery and Associates has applied for the abandonment of a utility easement located on the
property at 1550 IH -10 E.
The property is the site of a former Burger King restaurant. Jack in the Box restaurant is leasing the
site and will redevelop the property. Under the current configuration, the surface of the easement
was paved over and used for driveway and parking purposes. Jack in the Box intends to redevelop
the site with improvements overlaying the platted easement.
At a Regular Meeting held October 20, 2008, the Planning Commission recommended approval
5:0 to abandon a utility easement located on the property at 1550 IH -10 E.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A 10' x 100'
UTILITY EASEMENT LOCATED AT 1550 IH -10 EAST IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a utility easement located at 1550 IH -10 East, being a 10' x 100' utility easement
beginning at the south right-of-way line of Isla Avenue and running in a southerly direction
for a distance of 100' to the north right-of-way line of the IH -10 feeder road, City of
Beaumont, Jefferson County, Texas, containing 0.02 acres, more or less, as shown on
Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 41h day of
November, 2008.
- Mayor Becky Ames -
'I -OB: Request for the abandonment of a utility easement.
n: 1550 IH -10 E
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EXHIBIT `A'
E
November 4, 2048
Consider authorizing the City Manager to execute an Industrial District Contract with Sartomer
Company
I(ICII WITH OPPORTUNITY
11 17L A
► [I 1�1 C1 I (
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager y�
Laura Clark, Chief Financial OfficerV�
November 4, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Sartomer Company.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to
execute an Industrial District Contract with Sartomer Company.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
Previously, Goodyear Tire and Rubber Company, whom we have an industrial agreement with,
sold part of its operations to Sartomer Company. The City is entering into an initial industrial
contract with Sartomer Company that will be effective January 1, 2009. The in -lieu of tax
payment will be based on a ratio of 80% of property taxes due to the City as if the industry were
located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in
2012 through 2015. The 2009 payment by Sartomer will be calculated based on 80% of the
assessed value multiplied by the tax rate effective on October 1, 2008. Payments will be due to
the City by February I" of each year.
A copy of the agreement is attached for your review.
BUDGETARYIMPACT
Sartomer Company's FY 2009 payment is estimated to be $147,500 of the $15,782,000 of
industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with Sartomer Company. The contract 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 4th day of
November, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Sartomer
Company, subsidiaries and affiliates, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc
1
EXHIBIT `A'
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009,
and calculated as follows:
SAAGENDA\AGENDA [TEM MEMOS\Sartomer 2009.doc 2
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's properties,
real, personal and mixed, having taxable situs within the areas described in this agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2010 - 2011 payments shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt
SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc
3
of said City acknowledging full, timely, final and complete payment due by said Company to
City for the property involved in this Agreement for the year in which such payment is made. If
payment is not made on or before any due date, the same penalties, interest, attorneys' fees and
costs of collection shall be recoverable by the City as would be collectible in the case of
delinquent ad valorem taxes. Further, if payment is not timely made, all payments which
otherwise would have been paid to the City had Company been in the City limits of City will be
recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on the records of the Jefferson County Appraisal District
which are within the extra -territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
SA\AGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 4
ARTTC"T.R TV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc
R
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs. The City will also provide police protection if called
upon by the Jefferson County Sheriff's Department for assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
SAAGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc 6
ARTTCT R V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager Plant Manager
City of Beaumont Sartomer Company
801 Main PO Box 20957
Beaumont, Texas 77704 Beaumont, TX 77720-0957
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
SA\AGENDA\AGENDA ITEM MEMOS\Sartomer 2009.doc
7
IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of
ATTEST:
Tina Broussard
City Clerk
F
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
SARTOMER COMPANY
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to. Sol I By:
WDocuments and SettingsAvoltz\Local Settings\Tempomry Intemet FiWs OLKI\Sanomer 2009.doc
10
November 4, 2008
Consider approving an agreement for public adjusting services for insured losses associated with
the Hurricane Ike disaster
RICH WITH OPPORTUNITY
11EA,[114011T
T• E• X• A• S
Qel
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
-0
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
November 4, 2008
Council consider authorizing an agreement for public
adjusting services.
Administration recommends authorizing the City Manager to execute an agreement with
National Fire Adjustment Co., Inc. (NFA), headquartered in Amherst, New York, for providing
public adjusting services to the City for insured losses associated with the Hurricane Ike disaster.
BACKGROUND
During Hurricane Ike, the City sustained approximately $3M in damages to City facilities. The
damages caused by Hurricane Ike were not as devastating in comparison to losses from Hurricane
Rita, however claims will be filed with the City's current insurance provider for all damages.
Claims that are not eligible or denied will be filed for reimbursement by FEMA.
City staff was quick to access all or most of the damage caused by Hurricane Ike. Photographs
were documented with a damage assessment. This information will greatly assist both the
insurance carrier's adjuster and the public adjuster to process and file claims and provide the
necessary information for filing claims with FEMA.
A public adjusting firm works for the insured, not the insurance company. The adjusting firm
handles every detail of the claim, working closely with the insured to provide the most equitable
and prompt settlement possible. They inspect the loss site, analyze damages, assemble claim
support data, review the insured's coverage, determine current replacement costs, and work with
the insurance company to expedite the claim's settlement. Use of an independent adjuster helps
ensure a thorough and complete claim that will maximize the City's insurance recovery. It also
allows City staff to focus their efforts on repairing damages and returning City facilities back to
pre -hurricane condition.
Public Adjusting Services Agreement
November 4, 2008
Page 2
NFA provided public adjusting services to the City of Beaumont following Hurricane Rita in
2005. The company has been in business since 1922 and is the largest public adjusting firm in
the United States and Canada. In the past eight decades, NFA has served more than 40,000
clients and handled loss adjustment claims worth hundreds of millions of dollars. They are an
accredited member of the National Association of Public Insurance Adjusters (NAPIA) and
have two past NAPIA presidents on staff. All of the public insurance adjusters which will be
working on the City losses are licensed by the Texas Department of Insurance.
NFA agreed to provide the adjusting services for the same fee of six percent (6%) of the loss
when adjusted or otherwise recovered. The firm does not receive any compensation until the
City's loss is paid by the insurance company. A copy of NFA's proposal is attached for your
review.
BUDGETARY IMPACT
Services fees are 6% of the recovered loss. All fees will be paid from recovered insurance
proceeds.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement with
National Fire Adjustment Co., Inc. (NFA), of Amherst, New York, to provide public adjusting
services to the City for insured losses associated with the Hurricane Ike disaster. The fee
for this service is six percent (6%) of the recovered loss.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4'h day of
November, 2008.
- Mayor Becky Ames -
11
November 4, 2008
Consider approving a contract for street, drainage and sidewalk improvements on various streets
in the downtown area (Park, Neches, North Pearl, College, Wall, Forsythe, Fannin, Bowie,
Liberty and Broadway)
RICH WITH OPPORTUNITY
11 11EM
► �
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works
November 4, 2008
Council consider authorizing the award of a contract to
Brystar Contracting in the amount of $8,595,437.53.
The administration recommends authorizing the award of a contract for Brick Paved
Sidewalks and Drainage Improvements, in the Downtown, to Brystar Contracting in the
amount of $8,595,437.53.
BACKGROUND
On September 24, 2008, the City of Beaumont received two (2) bids for the Brick Paved
Sidewalks and Drainage Improvements. The work included in this project consists of the
installation of brick paved sidewalks, decorative street lighting and traffic signal poles and
street surfacing. The streets within the project limits include Park from Crockett to College,
Neches from Liberty to College, North Pearl from Calder to North Street, College from
Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from
Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and
Broadway from Magnolia to Pearl. This project, in conjunction with the Calder Street Project
and Block 58 Projects currently under construction and the anticipated first quarter 2009 start
of construction for the Willow Street Project, will complete the improvements initially
proposed for the downtown area.
The lowest bid was submitted by Brystar Contracting in the amount of $8,595,437.53. The
Engineers estimate for the project before receipt of bid was $7,900,000.00. The list below
identifies the total bid received from each contractor. A bid tabulation is attached for additional
information.
Contractor Bid
ALLCO, LTD $9,590,058.84
Brystar Contracting $8,595,437.53
The Minority Business Enterprise (MBE) goal will be met with subcontracts with Whole Sale
Electric and Kellystone Inc.in the total amount of $2,200,000.00 representing 25.59% of the
contract amount.
BUDGETARYIMPACT
Funds are available in the Capital Program.
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RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the Downtown Brick Paved
Sidewalks and Drainage Improvements (Park from Crockett to College, Neches from
Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl,
Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to
Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from
Magnolia to Pearl) consisting of the installation of brick paved sidewalks, decorative street
lighting and traffic signal poles, and street surfacing; and,
WHEREAS, Brystar Contracting of Beaumont, Texas, submitted a bid in the amount
of $8,595,437.53; and,
WHEREAS, City Council is of the opinion that the bid submitted by Brystar
Contracting of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Brystar Contracting of Beaumont, Texas, for a contract for the
Downtown Brick Paved Sidewalks and Drainage Improvements (Park from Crockett to
College, Neches from Liberty to College, North Pearl from Calder to North Street, College
from Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl,
Fannin from Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to
Pearl, and Broadway from Magnolia to Pearl) consisting of the installation of brick paved
sidewalks, decorative street lighting and traffic signal poles, and street surfacing, in the
amount of $8,595,437.53 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
12
November 4, 2008
Consider accepting the Grand Recap of the tax roll for the tax year 2008 (Fiscal Year 2009)
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider accepting the Grand Recap of the tax
roll for the tax year 2008 (Fiscal Year 2009).
RECOMMENDATION
Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year
2008 with a taxable value of $6,332,199,832.
BACKGROUND
Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the
City Council.
On September 30, 2008, Council approved the tax roll as certified by the Jefferson County
Appraisal District with a taxable value of $6,332,199,832. There is no change in the taxable
value of the Grand Recap.
BUDGETARY IMPACT
Property tax revenues in the FY 2009 Budget were calculated based on this taxable value at a
collection rate of 97% and the amount of $26,651,000 is budgeted in the General Fund and
$12,659,000 is budgeted in the Debt Service Fund.
FROM :JEFFERSON COUNTY TAX OFFICE
FAX NO. :409-835-8589 Oct. 27 2008 11:01AM P4
-0
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby
approves the Grand Recap of the tax roll forthe tax year 2008 (FY 2009) with a taxable value
of $6,332,199,832.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 41h day of
November, 2008.
- Mayor Becky Ames -
13
November 4, 2008
Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water
Utilities Department
RICH WITH OPPORTUNITY
BEA,UMO N*
T• E• X• A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
November 4, 2008
Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECOMMENDATION
The Administration recommends the award of a contract to FSTI, Inc., of Manor, Texas, in the
amount of $208,600.
BACKGROUND
Bids were requested for a three (3) month contract to supply Sodium Hydroxide for use by the
Water Utilities Department to purify the City's water supply.
The contract is to furnish Sodium Hydroxide to the Water Utilities Department at the fixed unit
rate of $1,043 per ton. The previous vendor was Simply Aquatics, Inc., of Kirbyville, Texas, at a
price of $995 per ton. The Water Utilities Department expects to purchase two hundred (200)
tons during the three (3) month contract.
Bid tabulations are as follows:
Vendor
Unit Price
Total Price
Per Ton
200 Tons
FSTI, Inc.
$1,043
$208,600
Manor, TX.
Altivia Corp.
$1,079
$215,800
Houston, TX.
DXI Industries, Inc.
$1,083.80
$216,760
Houston, TX.
Contract for the purchase of Sodium Hydroxide
November 4, 2008
Page 2
BUDGETARY IMPACT
Funds are available for this expenditure in the operating budget of the Water Utilities Department.
RESOLUTION NO.
WHEREAS, bids were solicited for a three (3) month contract for the purchase of two
hundred (200) tons of Sodium Hydroxide for use by the Water Utilities Department to purify
the City's water supply; and,
WHEREAS, FSTI, Inc., of Manor, Texas, submitted a bid atthe fixed unit rate of $1,043
per ton for a total cost $208,600; and;
WHEREAS, City Council is of the opinion that the bid submitted by FSTI, Inc., of Manor,
Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by FSTI, Inc., of Manor, Texas, for the purchase of 200 tons of Sodium
Hydroxide at the fixed unit rate of $1,043 perton fora total cost of $208,600 be accepted by
the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4`h day of
November, 2008.
- Mayor Becky Ames -
14
November 4, 2008
Consider approving an amendment to the Lease Agreement with the Industrial Safety Training
Council (ISTC)
RICH WITH OPPORTUNITY
[I 11EM
. (
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
November 4, 2008
Council consider an Amendment to the Lease Agreement with
the Industrial Safety Training Council (ISTC)
The Administration recommends amending the 2004 Lease Agreement with the Industrial Safety
Training Council (ISTC) and the City of Beaumont to address losses caused by Hurricane Ike on
September 13, 2008.
BACKGROUND
City Council approved the existing 30 -year Lease Agreement with ISTC on July 27, 2004. That
Lease provides for ISTC to lease the facilities as well as manage and operate the Beaumont Fire
Training Grounds located at 600 Marina Drive. ISTC provides site-specific training for
approximately 49 different refineries, petrochemical plants, offshore marine facilities, paper mill
plants, and energy -producing facilities. Amendment No. 1 to the Lease was executed August 31,
2004 which provided a list of personal property to be leased to ISTC for the term of the Lease.
Terms of the current Lease Agreement relieves the City of all responsibility for maintenance,
capital costs and operation of the property. As of today's date, the current monthly rental
payment is $12,346.41.
On September 13, 2008 Hurricane Ike hit the Beaumont area and caused extensive damage at the
Fire Training Grounds. Due to the current condition of the Fire Training Grounds, ISTC is not
renting the Grounds or conducting training sessions at this time. To assist ISTC in its efforts to
bring the Grounds back to their condition prior to Hurricane Ike, the City recommends an
Amendment to the existing Agreement in which the monthly rental payments would be deferred
for a period of six (6) months. The deferment would begin October 1, 2008 and end March 31,
2009. The remaining terms and conditions of the Lease Agreement will remain unchanged,
except the term of the Agreement shall be extended by six (6) months.
ISTC
November 4, 2008
Page 2
The proposed Amendment No. 2 is attached for your review and approval.
BUDGETARYIMPACT
Monthly rental payments will be deferred for a period of six (6) months, at which time the full
payments will resume in accordance with the Lease Agreement.
RESOLUTION NO.
WHEREAS, by Resolution No. 04-167 dated July 27, 2004, City Council approved a
thirty (30) year Lease Agreement with the Industrial Safety Training Council (ISTC) for the
lease, management and operation of the Beaumont Fire Training Grounds located at 600
Marina; and
WHEREAS, on September 13, 2008, Hurricane Ike caused extensive damage to the
Fire Training Grounds adversely affecting ISTC's operations and resulting in reduced capacity
to make monthly rental payments in the amount of $12,346.41; and
WHEREAS, a request has been made to abate the rental payment fora period of six
(6) months beginning October 1, 2008, and ending March 31, 2009;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an amendment to the Lease
Agreement, substantially in the form attached hereto as Exhibit "A," with ISTC deferring
monthly installments for a period of six (6) months beginning October 1, 2008, and ending
March 31, 2009.
BE IT FURTHER RESOLVED that the lease term be extended six (6) months.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
- Mayor Becky Ames -
AMENDMENT NO.2 OF LEASE AGREEMENT
EXECUTED ON 08-25-2004 BETWEEN
. CITY OF BEAUMONT AND
INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC)
Given that the City of Beaumont and the Industrial Safety Training Council (ISTC)
entered into a Lease Agreement executed on or about August 25, 2004 forthe lease of the
facilities, and the operation and management of the Beaumont Fire Training Grounds
located at 600 Marina Drive, Beaumont, Texas, a copy of which is attached hereto and
made a part hereof for all purposes as Exhibit "A;" and Amendment No. 1 was executed
on or about August 31, 2004, a copy of which is attached hereto and made a part hereof
for all purposes as Exhibit "B;"
Given.the damage to the premises made the subject of the foregoing agreement
which occurred as a result of Hurricane Ike on September 13, 2008; and
Given the reduced revenue generated by said properties as a result of the damage
to said premises; and
Given Resolution No. 08- of the City Council of the City of Beaumont
approves a request for a deferment in rental payments due to the City of Beaumont
pursuant to the Lease Agreement; and
Given the parties' desire to amend the foregoing Agreement;
NOW, THEREFORE, Item No. 1, Page 1 of the Lease Agreement executed on or
about August 25, 2004, and only that provision, is hereby amended to read as follows:
Commencing on October 1, 2008 and concluding on March 31, 2009, the
City of Beaumont agrees to defer monthly rental payments of $12,346.41 per
month to the City of Beaumont for a six (6) month period commencing on
October 1, 2008 and concluding March 31, 2009, in lieu of the payment
schedule set forth in said Lease Agreement and paragraph prior to the
execution hereof, to allow for necessary repairs to be made to the facilities.
EXHIBIT `A'
ISTC understands, agrees and accepts that the six (6) months of payments
at $12,346.41 per month, or a total of $74,078.46, will be added to the end
of the Lease Agreement and will therefore and forever more be due in full to
the City of Beaumont.
All other terms and conditions of the Agreement executed on August 25, 2004, not
specifically addressed by this Amendment, shall continue and remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the
day of , 2008.
INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC)
RUSSELL M. MELONSON, JR.
PRESIDENT/CEO
Attest:
CITY OF BEAUMONT
KYLE HAYES
CITY MANAGER
Attest:
a
STATE OF TEXAS §
COUNTY OF ,JEFFERSON §
LEASE AGREEMENT
THIS AGREEMENT entered effective the 6 day of
200, by and between the City of Beaumont, a home -rule city, herein called LESSOR,
and Industrial Safety Training Council, herein called LESSEE.
WITNESSETH:
LESSOR does by these presents lease and demise unto LESSEE the property
described on Exhibit -"A" ([eased premises) and made a part hereof for all purposes for a
term of three hundred sixty (360) months, beginning on September 1, 2004 and ending on
August 31, 2034, (the "Primary Term") to be used for its lawful purpose and paying therefor
rent in the following amounts:
1. Monthly base rental of $11,111.11 for the first 168 months with the base rent
for the first 18 months ($200,000) payable upon execution of this Lease; then $8,700.00
per month for the remaining 192 months of the primary term. Payments of base rent are
due on the 1St day of each month. In addition to base rental, LESSEE shall pay additional
rent based upon the increase in the Houston/Galveston/Brazoria Consumer Price Index
(C.P.1.) as repotted by the United States Department of Labor, Bureau of Labor Statistics,
to be calculated as follows:
The year 2005 will be the base year, for calculations hereunder. Thereafter,
beginning .on the 25th month of this lease, an adjustment based on the increase in the
C.P.I. will be added to the monthly payment annually through the first fourteen (14) years of
the lease. Rental beginning in the fifteenth (15th) year will be calculated at $8,700 per
EXHIBIT `A'
1
I
month plus an adjustment based .on the increase in the C.P.I. from 2005 until 2016 (the
14" year of the lease) (e.g. If the C.P.I. has increased a total of 15% over that period, the
monthly rental in the 15th year would be $10,005 [$8,700 plus 15% of $8,700 or $1,305]).
The C.P.I. escalator will be applied each year thereafter during the term of the lease.
Rental shall be due on the dates stated above.
Rental payments which are paid after the last day of each month shall be assessed
a $500 late fee; unpaid rental after such thirty (30) day grace period shall bear interest at
ten percent (10%) per annum and such failure to make a timely payment shall be
considered a breach of -this lease.
2. If LESSEE is not then in default, it may renew this Lease for an additional
term to be agreed upon between LESSOR and LESSEE no later than one year prior to the
expiration of the primary term.
3. LESSEE shall pay rental installments to LESSOR in person at 801 Main Street,
Suite 110, Beaumont, Texas, 77701, or by mail at P. 0. Box 3827, Attn: Cash
Management Division, Beaumont, Texas, 77704, or at such other place as LESSOR may
from time to time instruct LESSEE in writing.
4. LESSEE shall take good care of the property and its fixtures, and suffer no
waste.
5. LESSEE has inspected the premises and agrees to accept possession of the
premises in its present condition.
6. LESSEE shall be responsible for the erection and maintenance of all signs and
trade fixtures on the leased premises relating to LESSEE'S programs
7. LESSEE will use the leased premises for emergency services educational
2
purposes. LESSEE will allow LESSOR to send up to three (3) students free of charge to
attend any such class presented by LESSEE.
B. LESSEE recognizes that various hazardous and environmentally dangerous
products are necessary to the educational process of teaching fire technology and
assumes full and complete responsibility for all spills, leaks and/or environmental liability
that may occur as a result of LESSEE'S operations on the leased premises. LESSOR
currently has permits from the Railroad Commission of Texas, the Texas Commission on
Environmental Quality, Texas General Land Office and the Environmental Protection
Agency which are necessary for operation of the leased premises as a fire training facility.
LESSOR will maintain any and all permits required by any governmental body having.
jurisdiction which are necessary to the operation of the property as a training facility as in
periods prior to this Lease, and LESSEE will reimburse LESSOR for LESSOR'S expenses
in maintaining said permits. Should any of these permits be revoked or lost for any reason
such that LESSEE may no longer be allowed to continue its use of the premises, this lease
shall terminate at LESSEE'S option and rent shall be prorated to the date of such event.
9. . LESSEE shall be solely responsible for all maintenance, repairs, capital
expenditures, operational costs and overhead of the lease premises during the term of this
lease. It is the intent of the parties that LESSOR shall have no obligation to incur any costs
associated with the use, occupancy or operation of the lease premises during the term of
this lease, except utility costs associated with LESSOR's use of its office and classroom.
10. LESSEE will be responsible for payment of all utilities, including water and
sewer usage, except that associated with LESSOR's classroom and office on the lease
premises.
3
11. LESSEE shall, in case of fire or other casualty damage, give immediate notice
to LESSOR. If the premises are so damaged as to be unfit for occupancy, LESSOR or
LESSEE may elect to terminate this lease, in which case LESSEE rental will be prorated to
the date of such damage.
12. The LESSOR shall have access to all projects and facilities to train its
firefighters a minimum of nine (9) days per month upon written consent from LESSEE,
which consent shall not be unreasonably withheld, and at times that do not conflict with
LESSEE'S use of the premises. LESSOR will maintain the Beaumont Fire/Rescue
classroom and one (1) office on the premises to conduct Beaumont Fire Department
training classes. LESSEE is free to use the "brown" classroom, but not the Beaumont
Fire/Rescue classroom, if available, upon 10 days advance notice to LESSOR. LESSOR
shall have access to the "drafting pit" for testing of its pumps.
13. LESSOR has previously scheduled events on the premises and LESSEE
agrees to honor the scheduled dates and rates for such use of the premises by others
during the year 2004, limited to those listed on Exhibit "B" attached hereto.
14. LESSEE will adopt rules for the use of the property and the hours of operation,
and will provide copies of same to LESSOR for its consent and comment by December 31,
2004. LESSOR's consent will not be unreasonably withheld.
15. In case of default in any of the covenants herein, LESSOR may enforce the
performance of this lease in any manner provided by law, and this lease may forfeited
at LESSOR'S discretion if such default shall continue for a period of sixty (60) days after
LESSOR notifies LESSEE of such default and its intention to declare the lease forfeited.
4
r , /
Such notice to be sent by certified mail to LESSEE'S address as shown herein or delivered
to LESSEE in any other manner, including leaving such notice at the demised premises.
Unless LESSEE shall have completely removed or cured said default, this lease shall
cease and come to an end as if that were the day originally fixed herein for the expiration
of the term and LESSOR'S agent or attorney shall have the right,.without further notice or
demand, to re-enter and remove all persons and LESSEE'S property therefrom without
being deemed guilty of any manner of trespass.
16. LESSOR shall not be liable to LESSEE or to LESSEE'S employees, patrons, or
visitors, for any damage to person or property due to the buildings on said premises or any
appurtenances thereof being improperly constructed, or being or becoming out of repair,
nor for any damage from the defects or want of repair of any part of the building of which
the leased premises form a part, but the LESSEE accepts such premises as suitable for
the purposes for which same are leased and accepts the buildings and each and every
appurtenance thereof, and waives defects therein and agrees to hold the LESSOR
harmless from all claims for any such damage. LESSOR and LESSEE will conduct an
examination of the property upon commencement of this Lease and will prepare a written
condition inventory of the buildings and improvements, signed by authorized agents of
LESSOR and LESSEE, which will conclusively establish the condition of the buildings and
improvements upon commencement of this Lease.
17. To the extent allowed by law, and only to the extent of insurance coverage
actually paid by LESSEE'S insurers, LESSEE agrees to indemnify and hold LESSOR
5
harmless against any and all claims, demands, damages, costs and expenses, including
reasonable attorney fees for the defense thereof, arising from the conduct or management
of LESSEE'S use of the leased premises or from any breach on the part of LESSEE of any
conditions of this lease, or from any act of negligence or allegation of negligence of
LESSEE or LESSOR, their officers, employees, agents, contractors, subtenants,
concessionaires, or licensees in or about the leased premises.
18. If, during the term of this lease, there is a taking of the leased premises or so
large apart thereof as to render the remainder unsuitable for the continuation of LESSEE'S
activities by any governmental authority under the power of eminent domain, then the
LESSOR may elect to terminate this lease or to continue the same in effect but if LESSOR
elects to continue the lease, the rental hereunder shall be reduced proportionately to the
same extent, that the leased premises are taken. The provisions hereof shall be applicable
to any conveyance in lieu of condemnation proceedings.
All sums awarded or agreed upon between LESSOR and the condemning authority
for the taking of the fee or the leasehold interest, whether as damages or as compensation,
shall be the property of the LESSOR. Any amount specifically awarded to the LESSEE by
the condemning authority for the taking of tenant's trade fixtures or other equipment shall
be the property of the LESSEE.
19. During all times this lease is in effect, LESSEE must, at LESSEE'S expense,
maintain in full force and effect from an insurer authorized to do business in Texas public
liability insurance and other coverages as set out in Attachment "A" in the bid document
covering operations hazards in an amount not less than $1,000,000 per occurrence,
$5,000,000 in the aggregate on an occurrence basis naming LESSOR as a named
insured. Should LESSOR determine at anytime during the term of this lease that the
amount of the above coverage is inadequate, it shall notify LESSEE in writing to increase
the amount of such insurance to a higher amount as determined by LESSOR.
20. LESSEE, with approval of LESSOR, and at its own expense, may make
alterations, additions and improvements in and to said premises. All such alterations,
additions and improvements shall belong to LESSOR and become a part of the premises
so demised unless LESSOR and LESSEE agree otherwise in writing.
21. LESSEE agrees to abide by the LESSOR's "Spill Prevention Control and
Countermeasure Plan" (herein "Plan"), attached hereto as Exhibit "C," specifically including,
but not limited to, maintaining the existing trailer and booms and spill kits and not using
them in any training.
22. At the termination of this lease, by lapse of time or otherwise, LESSEE
agrees to surrender and yield to LESSOR immediate peaceful possession of the leased
premises, together with all additions and improvements thereto which are not allowed by
LESSOR to be removed; to surrender and turn over to LESSOR all keys to said premises,
and deliver possession of the premises in as good condition as received, ordinary wear
and tear and damages by casualty not caused by the negligence or willful act of LESSEE,
its agents, servants, or employees excepted..
23. LESSOR shall have the right to assign in whole or in part, each and every, all
7
and singular its rights under this lease agreement and to convey all or any part of the
property and improvements the subject hereof, subject however to the terms and
conditions thereof.
24. It is expressly understood, covenanted and agreed, anything to the contrary
herein appearing notwithstanding, that upon the expiration of this lease and any renewal or
extension thereof, the above-described property shall remain the property of LESSOR,
together with all improvements, alterations and additions thereto, except such as LESSOR
expressly allows to be removed by LESSEE. LESSEE agrees to repair any and all damage
to said premises caused by removal of any improvement, alteration or additions so allowed .
to be removed by LESSOR.
25. Any holding over by LESSEE after the expiration of the primary term of this
lease shall operate as a tenancy from month-to-month at a rental of $8,700 per month plus
an escalation amount as defined in paragraph 1 hereof.
26. Words of any gender used in this lease shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural,
unless the context otherwise requires.
27. It is not a waiver of default if the non -defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set forth in
this lease does not preclude pursuit of other remedies in this lease as provided by law.
28. LESSOR and LESSEE shall submit in good faith to mediation before filing a
suit for damages.
H.,
29. All of the covenants, agreements, terms and conditions to be observed and
performed by the parties hereto shall be applicable to and binding upon their respective
successors and, to the extent assignment is permitted hereunder, their respective assigns.
30. This agreement shall be construed under and in accordance with the laws of
the State of Texas.
31. Venue is in the county in which the premises are located, i.e. Jefferson County.
32. Nothing herein contained shall be deemed or construed by the parties hereto,
nor by a third party, to be a creation of the relationship of principal and agent, or of
partnership, or of joint venture between the parties. Neither computation of rent, nor any
other provision contained herein, nor any acts of the parties hereto, shall be deemed to
create any relationship between the parties thereto, other than the relationship of landlord
and tenant.
33. Time is of the essence in the performance of all of the obligations hereunder.
34. This lease, together with the attached exhibits, is the entire agreement of the
parties, and there are no oral representations, warranties, agreements, or promises
pertaining to this lease or to the expressly mentioned exhibits not incorporated in writing in
this lease.
35. This lease may be amended only by an instrument in writing signed by
LESSOR and LESSEE.
36. LIMITATIONS OR WARRANTIES. THERE ARE NO IMPLIED WARRANTIES
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY
KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT
a
EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. THE LEASED
PREMISES ARE LEASED "AS IS," "WITH ALL FAULTS."
37. Any notices required by this lease shall be deemed to be delivered (whether or
not actually received) when deposited with the United States Postal Service, postage
prepaid, certified mail, return receipt requested, and addressed to LESSOR or LESSEE at
their address.
38. LESSOR may retain, destroy, or dispose of any property left on the premises at
the end of the term.
39. Up to five (5) of LESSOR'S employees who are designated by LESSOR to
LESSEE in writing as authorized by LESSOR to enter the property shall have access to the
leased premises at all times the facility is open so long as the use by LESSOR'S
authorized employees does not interfere with LESSEE'S use of the leased premises.
40. LESSEE shall be responsible for remediation of any environmental spill or
other such event that may occur during the term of this lease so long as the spill or other
such event is not the result of the sole negligence of LESSOR. LESSEE shall purchase
remediation insurance in the principal amount of $2,000,000 naming LESSOR as a named
insured to fund its obligations under this provision of this lease. LESSEE's obligations
under this provision shall be limited in amount by the coverage of such insurance actually
paid by LESSEE'S insurers.
EXECUTED on the date first above written at Beaumont, Jefferson County, Texas.
LESSEE: 1.
INDUS SAFETY TRAINING OUNCIL
By: _) (
10
LESSOR:
CITY OF BEAUMONT
By: f -1 t
Kyle Hayes, City Manager
11
no,
C
City Of Beaumont.
August 31, 2004
Russell Melonson
Industrial Safety Training Council
324 Hwy 69
Nederland, Texas 77627
Re: Amendment to Lease
Dear Mr. Melonson:
This letter shall serve as an amendment to the lease between the City of Beaumont (herein "City")
and the Industrial Safety Training Council (herein "ISTC") for the Fire Training Grounds executed
August 25, 2004 (herein ` Lease'D.
Attached as Exhibit "A" is a list of personal property to be leased to ISTC for the term of the Lease.
Should the Lease be terminated for any reason, ISTC hereby agrees to return this personal property
to City in good condition, normal wear and tear excepted. ISTC shallbe responsible for all necessary
maintenance of the equipment during the term of the Lease.
Notwithstanding language inthe Lease concerning the payment of all utilities byISTC, City and ISTC
hereby agree that water used by the City in training shall be estimated. by the City after each training
use, subject to approval in writing by a representative of ISTC, and ISTC shall receive a credit on its
monthly water bill for such usage by the. City based on the City's current rate for water usage.
If this amendment is acceptable to ISTC, please sign where indicated and return one (1) executed
copy to the City.
Sincerely,
Kyle Hayes
City Manager
ACCEPTED:
Ind ' 1 Safety Trainin Council
_711
,,�--1 I
Russell Melonson EXHIBIT "B"
Office of the City Manager • (409) 880.3708 • Fax (409) 880-3112
P.O. Box 3827 • Beaumont, Texas 77704-3827
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15
November 4, 2408
Consider approving a contract for the Archive Building Addition to the Tyrrell Historical Library
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • R • A • s City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
iL,D
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 4, 2008
REQUESTED ACTION: Council consider the award of a bid for the Archive
Building Addition to the Tyrrell Historical Library.
RECOMMENDATION
Administration recommends the award of a bid to N & T Construction of Beaumont in the
amount of $1,799,000.
BACKGROUND
Four (4) bids were received on Thursday, October 23, 2008 for the construction of an archive
building addition to the Tyrrell Historical Library.
Maurine Gray was instrumental in the planning of the much needed annex to house the Library's
growing collection of photographs, maps, records, and papers documenting the history of
Beaumont and Southeast Texas. Architects David Hoffman and Milton Bell designed the
historically compatible facility that will be constructed on the north side of the Tyrrell Historical
Library.
Bids received are as follow:
Contractor
Price
Completion Time
N & T Construction
$1,799,000
300 days
Worwick Construction Company
$1,810,410
224 days
Goss Building & Construction
$2,018,000
420 days
Daniel's Building & Construction
$2,490,920
320 days
Archives now stored in the main library will moved to the new climate controlled annex which
will be primarily used by staff to organize and index the invaluable records on file. The relocation
of the archives will provide additional space in the library's main building for exhibits and
displays.
Tyrrell Historical Library Annex
October 30, 2008
Page 2
The low bidder, N & T Construction, has completed several projects for the City including the
new 911 and Emergency Operations Center and Dr. Martin Luther King, Jr. Memorial Park.
N & T Construction is a City certified Minority Business Enterprise. The project will commence
in December and be completed by November 2009.
A site plan is attached.
BUDGETARYIMPACT
Funds for this project are budgeted in the Capital Program.
j■
vwmffmm
RESOLUTION NO.
WHEREAS, bids were solicited for the construction of an archive building addition to
the Tyrrell Historical Library; and,
WHEREAS, N & T Construction of Beaumont, Texas, submitted a bid in the amount
of $1,799,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by N & T Construction
of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by N & T Construction of Beaumont, Texas, in the amount of
$1,799,000 for construction of an archive building addition to the Tyrrell Historical Library be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4" day of
November, 2008.
- Mayor Becky Ames -