HomeMy WebLinkAbout09/15/2020 PACKETBEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, SEPTEMBER 15, 2020 1:30 PM
CONSENT AGENDA
* Approval of minutes — September 8, 2020
* Confirmation of board and commission member appointments
Gene VanMeter-Electrician would be reappointed to the Building Board of Appeals. The current
term would expire January 24, 2022. (Mayor Becky Ames)
A) Authorize the City Manager to apply for and receive funding through the Department of
Homeland Security Grant Program
B) Authorize the City Manager to receive funds through the Coronavirus Emergency
Supplemental Funding Program (U. S. Department of Justice)
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
apply for and receive funding through the Department of
Homeland Security Grant Program (HSGP).
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the State Homeland Security Program (SHSP). This grant incorporates three programs, a SHSP
first responder category for which Beaumont could be awarded $46,081, a dedicated
Cybersecurity Project could be awarded for $13,000, and a dedicated Law Enforcement Terrorist
Prevention Activities (LETPA) Sustaining Special Response Teams Project could be awarded for
$40,798. This funding will be used to purchase tactical equipment, provide tactical officer
training, replace outdated radio equipment and a cybersecurity project.
This grant application was previously approved by the City Council on February 25, 2020;
however, the resolution needs to be corrected to match the grant authority's template.
FUNDING SOURCE
No local match is required.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council finds it in the best interest of the citizens of Beaumont, that
the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special
Response Teams Project for the Police Department, the SHSP (State Homeland Security
Program) Sustaining Special Response Teams Project for the Police and Fire
Departments and the Cybersecurity Project be operated for fiscal year 2020; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to apply for and receive. funding in an amount up to $99,879 from the
Department of Homeland Security Grant Program (HSGP) through the Office of the
Governor, Homeland Security Grant Division for fiscal year 2020; and,
BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable
matching funds for the said project as required by the Department of Homeland Security
Grant Program (HSGP); and,
BE IT ALSO RESOLVED THAT in the event of loss or misuse of the 2020
Homeland Security Grant Program funds, the City of Beaumont assures that all funds will
be returned in full to the Office of the Governor, Homeland Security Grant Division; and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated
as the authorized official. The authorized official is given the power to apply for, accept,
reject, alter or terminate the grant on behalf of the applicant agency from the Department
of Homeland Security Grant Program (HSGP) through the Office of the Governor,
Homeland Security Grant Division in the amount up to $99,879 for the purposes described
herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -
L-00-�
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
receive funds through the Coronavirus Emergency Supplemental
Funding Program (U. S. Department of Justice.)
BACKGROUND
The U. S. Department of Justice, Coronavirus Supplemental Funding (CESF) Program provided
an allocation to the State of Texas and the South East Texas Regional Planning Commission
which will be divided between the eligible agencies in this region. $53,630 would be used for
three (3) Lucas Chest Compressions Systems to outfit EMS response units. These are piston
driven chest compression devices which will increase the likelihood of survivability of cardiac
arrest. They also decrease the prolonged exposure from sick patients for the medics providing
chest compressions and reduce injury to rescuers while performing patient care. Additionally,
$3,500 would allow for the purchase of seven (7) ultraviolet light decontamination kits for
sanitizing the interior of Ambulances of germs, bacteria and virus.
The State requests that specific language be included in a resolution and after reviewing
Resolution 20-109, additional language should be used in the final resolution.
FUNDING SOURCE
No matching funds are required.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council finds it in the best interest of the citizens of Beaumont, that
the Coronavirus Emergency Supplemental Funding Program be operated for fiscal year
2020; and,
BE IT FURTHER RESOLVED THAT the City Manager be designated as the
authorized official and is hereby authorized to apply for and receive funding in an amount
up to $57,130 from the Office of the Governor, Criminal Justice Division for fiscal year
2020; and,
BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable
matching funds for the said project as required by the Criminal Justice Division; and,
BE IT ALSO RESOLVED THAT in the event of loss or misuse of the Coronavirus
Emergency Supplemental funds, the City of Beaumont assures that funds will be returned
in full to the Criminal Justice Division (CJD); and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated
as the authorized official. The authorized official is given the power to apply for, accept,
reject, alter or terminate the grant on behalf of the applicant agency from the Bureau of
Justice through the Office of the Governor, in the amount up to $57,130 for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, SEPTEMBER 15, 2020 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 1, 3 and 4/
Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving a contract with First Transit Inc. of Cincinnati,
Ohio, for the management of the Beaumont Municipal Transit System
JOINT PUBLIC HEARING
* Receive comments on the proposed FY 2021 Budget and the proposed 2021
Capital Program
2. Consider a resolution postponing the final vote on the proposed FY 2021 Budget
to September 22, 2020
PUBLIC HEARING
* Receive comments on the 2020 (FY 2021) proposed tax rate
Consider a resolution authorizing the City Manager to execute an agreement with
the Beaumont Independent School District (BISD) regarding the School Crossing
Guard Program
4. Consider passage of an ordinance terminating the previously declared state of
disaster made necessary by the imminent threat of Hurricanes Marco and Laura.
Also to consider repealing Ordinance No. 20-041 which extended the adopted
Emergency Powers because of the public calamity resulting from Hurricanes
Marco and Laura
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matter
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
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September 15, 2020
Consider a resolution approving a contract with First Transit Inc. of Cincinnati, Ohio, for the
management of the Beaumont Municipal Transit System
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
&-Sa
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council consider a resolution approving a contract with First
Transit Inc. of Cincinnati, Ohio, for the management of the
Beaumont Municipal Transit system.
BACKGROUND
The Beaumont Municipal Transit system currently operates ten (10) fixed routes with seventeen
(17) buses and an ADA door-to-door service with eight (8) vans. The City owns these vehicles
along with the transit offices, repair shop, fueling station, Dannenbaum Station and shelters
throughout Beaumont. For decades a private firm has operated the system for the City. The
drivers, mechanics and other staff work directly for the private company. The current operator,
Beaumont Transit Company, has chosen to not seek renewal of its contract. As such, a Request
for Proposal (RFP) process was initiated and two responses were received. Both were evaluated
according to the criteria outlined in the RFP. First Transit Inc. of Cincinnati, Ohio received the
higher score. Evaluation results are attached.
The contract provides for a term of three (3) years with two (2) successive one-year extensions at
the following price structure which includes the General Manager's salary:
Annual Cost
Year 1
$217,943.21
Year 2
$219,165.93
Year 3
$221,556.15
Year 4
$217,535.75
Year 5
$220,067.53
These costs would cover such items as the management of the system, including the salary of the
General Manager, accounting services, payroll services, purchasing services, claims
administration, risk and insurance management, grant applications, federal and state reporting
and compliance, ridership studies, budgeting, and customer service. Direct costs for vehicles,
their maintenance, fuel, parts, payroll for employees, maintenance of facilities and other
operating supplies are the responsibility of the City.
First Transit Inc. has been in business for sixty-five (65) years, operates at more than three
hundred (300) locations, including twenty-seven (27) operations in Texas. First Transit Inc.
employs 19,000 people, providing more than three hundred -fifty (350) million rides each year.
If approved, the contract would become effective upon execution, with management
responsibility transferred, ideally, by the end of September, 2020.
FUNDING SOURCE
Municipal Transit Fund.
RECOMMENDATION
Approval of the resolution.
City of Beaumont -- Criteria Tab
RFP Name: Management Services for Beaumont Municipal Transit System
RFP Number: PF0620-17
RFP Opening Date: August 13, 2020
Maximum
Criteria Points
Vendor
Vendor
First Transit Inc
Cincinnati, Ohio
Espree Johnson Enterprise
Beaumont, TX.
Qualifications of General Manager
20
19.50
15.00
Experience of Management Firm
20
20.00
13.00
Understanding of Local Conditions
20
18.00
18.00
Operating Plans
20
19.50
14.50
Cost Proposal
20
1850
16.50
Total
100
95.50
77.50
MANAGEMENT AGREEMENT
This Agreement, is made and entered into this day of 2020, by and
between the City of Beaumont (hereinafter referred to as the "Client"), and First Transit, Inc j a
Delaware corporation (hereinafter referred to as "FIRST TRANSIT").
1. EMPLOYMENT AND ACCEPTANCE
The Client hereby engages FIRST TRANSIT as an independent contractor to manage the
operation of the public transit system in the urban area, including
additions to and extensions thereof, (the "Transit System"), as provided herein. FIRST
TRANSIT agrees to supply such services.
2. DESIRED RESULT
The desired result to be achieved by FIRST TRANSIT is management of the Transit
System under the Client's policies and in a way, which will provide the quality and quantity
of service as determined from time to time by the Client. FIRST TRANSIT will not,
however, be expected to achieve results beyond the limits of the funding and other
resources made available to it for management of the Transit System.
3. SCOPE OF SERVICES OF FIRST TRANSIT
FIRST TRANSIT will furnish management services as reasonably required by the Client
and necessary to assist the Client in the efficient operation of the Transit System under the
policies, standards, and procedures established by the Client, and within the scope of
FIRST TRANSIT's proposal. The management to be furnished includes, but shall not be
limited to, assisting the Client in carrying out the functions of transit planning, marketing,
1 The parties understand and agree that the term FIRST TRANSIT as referred to herein shall include the
subcorporation formed pursuant to paragraph 5, if any, and all terms and conditions, rights owed to or duties
required by FIRST TRANSIT pursuant to this Agreement shall likewise apply to the subcorporation; provided
however, that FIRST TRANSIT shall have no responsibility whatsoever for any compensation, benefits and
insurance that subcorporation may offer to its employees
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real estate management, equipment and building utilization and maintenance, security,
routes, scheduling, fares, service standards, purchasing, accounting, budgeting, safety,
insurance and claims, employee selection and training per Client guidelines, labor
negotiations (excluding grievances and interest arbitration), public relations, equipment
selection, grant applications, and all other normal managerial functions reasonably required
in the day-to-day operation of the Transit System.
At the request of the Client, under separate contract and for an additional fee, FIRST
TRANSIT will supply "Special Project" assistance. "Special Projects" include but are not
limited to, Bus Line Inspections (BLI), Comprehensive Operational Analysis (COA),
Transit Development Programs (TDP), MIS Projects, Operator Monitoring Services, or
any other special programs requested of FIRST TRANSIT during the term of this
Agreement. Special Projects are not within the scope of the day-to-day management
services provided for herein..For each Special Project, the parties shall mutually agree
upon the cost, the work task plan, special project budget, and the special project tracking ---
reporting plan.
4. COMMENCEMENT AND TERM
The Effective Date of this Agreement is the , regardless of the date of
execution, and the Agreement shall continue from the Effective Date for a term of three (3)
years from the Effective Date. This Agreement shall be extended by mutual agreement of
the parties for two (2) additional one year terms, unless either party gives the other party
sixty (60) days' written notice before expiration of the original or subsequent one year
terms, of such party's desire to terminate the contract at its convenience.
5. OPERATING ENTITY AND PERSONNEL
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A. FIRST TRANSIT will cause to be formed, under the laws of Texas, a wholly -owned
subsidiary by the name of ("[transit sub]"). The [transit sub]
will be the employer of all personnel necessary for the operation of the Transit System.
B. FIRST TRANSIT will furnish a General Manager who shall be selected with the
approval of the Client, which approval shall not be unreasonably withheld, be a [transit
sub] employee and serve at the expense of Client and shall provide the active management
of the Transit System for and on behalf of the Client. The General Manager shall reside in
the Beaumont area. Management of the Transit System shall be the full time job of the
General Manager.
C. The Client agrees, for a period of one (1) year following the expiration or sooner
termination of this Agreement, not to solicit, nor to hire as an employee, nor to engage in
any capacity whatsoever, the General Manager.
6. ADVISORY AND TECHNICAL ASSISTANCE
FIRST TRANSIT will furnish advisory and technical assistance, at the Transit System or
elsewhere, as may be reasonably required to assist the General Manager in the management
of the Transit System at no additional cost (except travel and living expenses as set forth
in Section 6 herein). Such advisory and technical assistance shall include, but will not be
limited to, those relating to the managerial functions identified in Section 3.
The Client will reimburse FIRST TRANSIT for travel and living expenses of non-resident
FIRST TRANSIT personnel while they are providing advisory and technical assistance
services away from their headquarters, as provided below:
Travel
1. Actual coach (if available) airfare.
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7.
S.
2. Automobile allowance computed at the lesser of the rate per mile established by
either the state or federal government at the beginning of each six month period that
this Agreement is in effect.
3. Airport parking fees and related ground transportation costs including auto rental.
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Actual costs incurred for lodging, plus $50.00 per Diem to cover food and miscellaneous
expenses. The per diem amount shall be increased by $3.00 for each succeeding year of
this Agreement. FIRST TRANSIT will keep adequate time and expense records to
document the billings, which shall be submitted monthly to the Client.
COMPENSATION
FIRST TRANSIT's fee for the services to be rendered pursuant to this Agreement will be
as follows:
PERIOD FEE
Year 1
$ 92,943.21
Year 2
$ 94,165.93
Year 3
$ 96,556.15
Year 4
$ 92,535.75
Year 5
$ 95,067.53
Payment will be made by the Client to FIRST TRANSIT on or before the 15th day of each
month for that month's management fee on a pro rata basis of the annual fee. In the event
this Agreement becomes effective or terminates during a calendar month, the fee due
FIRST TRANSIT will be prorated on a daily basis. The Client will pay interest on any
balance outstanding beyond the fifteen (15) day period noted in this section at the legal rate
in the state in which the Client resides.
WORK FUNDS
The Client shall provide the Transit System with adequate working funds which shall be
deposited in a "Regular Operating Checking Account," "Other Special Accounts as
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Needed," and a "Payroll Account" and shall be used to pay all payroll, fringe and pension
benefit expenses and all other "operating expenses" of the Transit System under procedures
and controls adopted by the Client. The ownership of said funds will remain in the Client.
As used herein, the term "operating expenses" of the Transit System shall mean and
include, but not be limited to, all wages, fringe benefits, and pension benefits of all person-
nel all payroll, social security, property and all other taxes pertaining to the operation of
the Transit System, all rentals, utilities, association dues, insurance premiums and
deductibles, cost of fuel, supplies and parts, repairs, uninsured losses, judgments,
settlements, awards and all other charges, costs and expenses pertaining to the operation of
the Transit System. It is also understood and agreed that the term "operating expenses"
shall include all past, present, and future pension or profit sharing plan liability, including
without limitation, liability for vested but unfunded or underfunded benefits, payable by
the Client or its contractors. All operating expenses shall be an obligation of, and paid by,
the Client. Under no circumstances may the Client withhold or offset compensation to
the Client or reimbursable operating expenses stated on the Client's invoice. In the event
of a dispute, the Client shall pay the invoice and protest disputed amounts in writing to the
First Transit.
Only the following expenses shall be excluded from reimbursement to FIRST TRANSIT:
FIRST TRANSIT expenses, with the exception of travel and living expenses of nonresident
FIRST TRANSIT personnel while they are providing advisory and technical assistance
services to Client per Section 6 of this Agreement; taxes of all kinds levied by reason of
property owned by, or net income of, FIRST TRANSIT, as the parties believe that FIRST
TRANSIT is not liable for any taxes other than the forgoing, but in the event it should be
judged liable for any other taxes, FIRST TRANSIT shall be reimbursed for same.
9. EQUIPMENT, FACILITIES AND SERVICES
I
The Client will furnish, at its expense and without cost to FIRST TRANSIT, the use of all
necessary office space, utilities, finniture, equipment, supplies, materials, communication
services, legal services, postage, secretarial and clerical help, and such automobile
transportation and related parking as may be reasonably necessary for the management of
the Transit System. FIRST TRANSIT is held harmless and indemnified by the Client for
the condition of the facility and equipment at the inception of this Agreement, during
occupancy and at termination of occupancy. The Client agrees to pay any other reasonable
business expenses incurred by FIRST TRANSIT in the management or operation of the
Transit System.
10. EMPLOYER STATUS
The [transit sub] will be the employer and assume the employment of all employees, other
than FIRST TRANSIT personnel, and all labor and other contractual obligations necessary
for the operation of the Transit System. All collective bargaining agreements or other
employment agreements and amendments thereto negotiated by FIRST TRANSIT will be
submitted to the Client for approval and will be the responsibility of the Client. Per Section
8 of this Agreement, all agreed cost for all wages, fringe benefits, and pension benefits of
all [transit sub] employees will be the responsibility of the Client.
11. REVENUE
Revenue derived from the operation of the Transit System, whether from passengers or
from other sources, shall be and remain from the initial receipt thereof, the absolute
property of the Client. The handling and treatment of such revenue, including the banking
thereof, and the accounting therefore, shall be as directed by the Client. FIRST TRANSIT
on behalf of the Client, shall receive, collect and deposit all of the aforesaid revenue
collected in its operations in the manner directed by the Client. FIRST TRANSIT shall
keep and maintain the local books and records of the operation of the Transit System in
conformity with the requirements, and at the direction of, the Client. FIRST TRANSIT
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shall render and certify to the Client such full and complete monthly or other operating
reports and financial statements as the Client shall reasonably require.
12. TITLE TO PROPERTY
All real estate, buildings, equipment, buses, motor vehicles and all materials and supplies
reasonably necessary for the operation of the Transit System shall be furnished by the
Client and shall remain the property of the Client. All property of any type either real,
personal, or mixed hereinafter acquired and reasonably necessary for performance of the
Transit System operations shall be acquired at the Client's expense and shall become the
property of the Client.
13. PURCHASING OF EQUIPMENT AND SUPPLIES
FIRST TRANSIT shall advise the Client from time to time regarding the types and amounts
of materials, supplies, tools and equipment, including buses, needed for use in the operation
or maintenance of the Transit System. FIRST TRANSIT shall make recommendations as
to type, quantity and amount of materials, supplies and equipment to be purchased, and
such purchases shall be made pursuant to the Client's purchasing policy.
14. AUDIT AND INSPECTION OF RECORDS
FIRST TRANSIT shall permit the authorized representatives of the Client to inspect and
audit all local data and records of FIRST TRANSIT reasonably relating to its performance.
under this Agreement. To the extent that federal or state funds are involved, the right to
inspection and audit shall extend to authorized representatives of the United States
Department of Transportation, the Comptroller General of the United States and the
applicable state offices, if any.
15. BUDGETS AND PROJECTIONS; FARES AND SCHEDULES
FIRST TRANSIT agrees to prepare or assist in the preparation of the necessary annual
budgets and projections as are required by the Client and agrees to furnish periodic reports
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and recommendations to the Client relating to service extensions, route planning and
service policies.
16. THIRD PARTY LIABILITY
FIRST TRANSIT shall indemnify, defend and hold harmless Client, its officers, agents,
and employees from and against any and all loss, liability, claims, damage or expenses
(including, but not limited to, attorneys' fees) arising out of, or related to, the management
or operation of the Transit System, whether or not caused, in whole or in part, by the
negligence of Client or its officers, agents, or employees, provided, however, that FIRST
TRANSIT will have no obligation to indemnify Client for criminal penalties or fraud
committed by theClient, or its officers, agents, servants or employees.
18. INSURANCE
A. FIRST TRANSIT shall purchase and maintain insurance as worker's compensation
insurance as provided by Chapter 504 of the Texas Labor Code for the employees
of [transit sub] covering all work and services performed under this Agreement.
FIRST TRANSIT shall also purchase and maintain comprehensive automobile
liability insurance and commercial general liability insurance covering [transit sub]
and its employee, with a combined single limit of no less than $5,000,000per
occurrence. Each such policy (a) shall, with the exception of the workers'
compensation policy, be endorsed to nameClient, as defined above, as additional
insured, (b) shall provide that the coverage afforded thereby is primary as to Client
and not excess and (c) shall provide that it cannot be cancelled or materially altered
without thirty (30) days prior written notice toClient. FIRST TRANSIT shall
provide Client with certificate evidencing compliance with the provisions of this
section 18.A.
E
Client agrees that workers compensation, general liability, auto liability insurance,
including collision and comprehensive coverage, will be provided through the First
Transit insurance program throughout the term of this Agreement, and any
extensions thereof. Premiums may be adjusted annually and the Client agrees to
reimburse First Transit for premium costs. The cost and expense of furnishing and
maintaining such policy or policies shall be deemed an operating expense of the
Transit System payable in accordance with the provisions of Section 8.
FIRST TRANSIT shall indemnify, defend and hold Client, its agents, servants and
employees harmless from and against any and all loss, liability, claims, damage,
and expenses (including, without limitation, attorneys fees), resulting from or
arising out of First Transit's failure to furnish and maintain the insurance policies
required by Subsection 18.A. above in accordance with the terms thereof. In the
event of any such failure, Client may, at its sole option, furnish such policy or
policies without prejudice to any other remedy Client may have.
19. WAIVER OF SUBROGATION
The Client hereby releases and agrees to indemnify, defend and hold harmless FIRST
TRANSIT, as defined above, from and against any and all liability for loss of or damage
to the buses or other properties of the Client during the term of this Agreement or any
renewal or extension thereof. The Client hereby waives on behalf of itself and its
insurer(s), any and all rights or subrogation against FIRST TRANSIT, as defined above.
20. LEGAL COUNSEL
It shall be the responsibility of FIRST TRANSIT to handle all legal matters of the Transit
System not covered by insurance. Whenever legal counsel is required for the benefit of
the Transit System, FIRST TRANSIT shall have the right to retain counsel reasonably
acceptable to the Client and charge the cost thereof as an operating expense of the Transit
System.
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21. FORCE MAJEURE
FIRST TRANSIT shall not be liable to the Client for any failure, delay or interruption of
service or for any failure or delay in the performance of any obligation under this
Agreement due to strikes, labor unrest, labor shortages, walkouts, acts of God,
governmental restrictions, enemy action, civil commotion, unavoidable casualty,
unavailability of fuel or parts, or other similar acts beyond the reasonable control of FIRST
TRANSIT.
22. NO PERSONAL LIABILITY
No officer, director, or employee of the Client or of FIRST TRANSIT shall be personally
liable for the fulfillment of the conditions of this Agreement.
23. DEFAULT
In case of a breach of any material provision hereunder, the nonbreaching party shall give
the other party prompt written notice of such breach, setting forth the facts in reasonable
detail. In the event that the breaching party has not cured such breach within thirty (30)
days (or in case of breaches which require a longer period to cure, has failed to commence
upon such cure within said period and thereafter to diligently proceed with the same to
completion), the nonbreaching party shall have the right to terminate this agreement
without further notice. This Agreement shall also be terminable for cause at the option of
the other party if any party is adjudicated bankrupt; is subjected to the appointment of a
receiver and fails to have such a receiver removed within ninety (90) days; has any of its
property attached and fails to remove such attachment within ninety (90) days; becomes
insolvent; or, for a period of ninety (90) days, is unable to pay its debts as the same become
due, upon ninety (90) days' notice.
24. SEVERABILITY AND INTENT
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Should any part of this Agreement be declared to be unconstitutional, invalid, or beyond
the authority of either party to enter into or carry out, such decision will not affect the
validity of the remainder of this Agreement, which will continue in full force and effect.
Except as is expressly provided herein, this Agreement is not intended to be a third party
beneficiary Agreement and confers no rights on anyone other than the Client and FIRST
TRANSIT.
25. ASSIGNMENT
This Agreement shall not be assigned, transferred, hypothecated or pledged by either party
without the prior written consent of the other party. However, this Agreement shall be
binding upon the successors or assigns of the respective parties.
26. NOTICE
Notice to FIRST TRANSIT means notice in writing addressed to FIRST TRANSIT's local
General Manager at the local address of the Transit System, and to the Vice President of
Transit Management, FIRST TRANSIT and delivered to the office of FIRST TRANSIT at
600 Vine Street, STE 1400, Cincinnati, Ohio 45202. Notice to the Client means notice
in writing addressed to City Manager at 801 Main Street, Suite 300, Beaumont, Texas
77701.
27. APPLICABLE LAW
Subject to Federal Law requirements found in Exhibit A, this Agreement shall be governed
by the laws of the state of Texas, without regard to conflict of law principles and any
dispute shall be venued in the courts located in Beaumont, Jefferson County, Texas.
28. BREACHES AND DISPUTE RESOLUTION.
Disputes - Disputes arising in the performance of this Agreement which are not resolved
by agreement of the parties shall be decided through arbitration before a mutually agreed
11
upon arbitrator. The cost of arbitration shall be shared equally amongst the parties. The
losing party shall have the option to appeal the decision to district court.
Performance During Dispute - Unless otherwise directed by Client, FIRST TRANSIT shall
continue performance under such Agreement while matters in dispute are being resolved.
Rights and Remedies - The duties and obligations imposed by this Section and the rights
and remedies available hereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law, including the right
to a trial by jury in the courts located in Beaumont, Jefferson County, Texas.
29. ENTIRE AGREEMENT
This Agreement, including all Exhibits hereto, constitutes the entire agreement between
the parties, with respect to the subject matter, and supersedes any previous understandings,
representations, commitments or agreements, oral or written. No provision of this
Agreement may be waived except by a writing signed by the party to be charged, nor may
this Agreement be amended except by a writing executed by both parties. If any
provisions, or portion thereof, of this Agreement is or becomes invalid under any applicable
statute or rule of law, it is to be deemed stricken and the rest of this Agreement shall remain
in full force and effect. If any language in this Agreement shall conflict with any language
in the Exhibits hereto, the language of this Agreement shall govern.
IN WITNESS WEEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officers.
By:_
Witness Title:
Date:
Witness
FIRST TRANSIT, INC.
By:_
Title:
Date:
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(" CLIENT")
---name here --- (SUBCORPORATIOl)
Witness
By:_
Title:
Date:
13
EXH BIT A
FEDERAL REQURElVIENTS
1) Program Fraud and False or Fraudulent Statements and Claims.
The Contractor acknowledges and agrees as follows:
A. The Contractor acknowledges that the requirements of the Program Fraud
Civil Remedies Act of 198 6, as amended, 3 1 U. S. C. § § 3 801 et al. and U. S.
DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 3 1, apply to
its actions pertaining to the Project. Accordingly, by signing the Contract or
Subcontract, the Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, or it may make pertaining to the covered by
the Contract. In addition to other penalties that may be applicable, the Contractor
also acknowledges that if it makes a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right
to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as
amended, on the Contractor to the extent the Federal Government deems
appropriate.
B. The Contractor also acknowledges that if it makes a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal
Government in connection with an urbanized area formula project financed with
Federal assistance authorized by 49 U.S.C. § 5307, the Government reserves the
right to impose on the Contractor the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1), to the extent that the Federal Government deems
appropriate.
C. The Contractor agrees to include the above two clauses in each
subcontract financed in whole or in part with Federal assistance provided by the
FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
2) Federal Changes.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA NIA (2) dated October, 1995) between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
3) Civil Rights Requirements.
The following requirements apply to the underlying contract:
A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act
14
B. of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
C. Equal Employment Opportunity. The following equal employment
opportunity requirements apply to the underlying contract:
1) Race, Color, Creed, National Origin, Sex. In accordance with Title
VII of the Civil Rights Act as amended, 42 U.S.C. § 2000e, and Federal
transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of
Labor," 41 C.F.R. Parts 60 et al., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order
No. I 1 3 7 5, " Amending Executive Order 11 246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any
applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in
the course of the Project. The Contractor agrees to take affirmative action
to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
2) Age. In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
3) Disabilities. In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S. C. § 12112, the Contractor agrees
that it will comply with the.requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630; pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing
15
requirements FTA may issue.
C. The Contractor also agrees to include these requirements in each
subcontract financed in whole or in part with Federal assistance provided by FTA,
modified only if necessary to identify the affected parties.
4) Title VI.
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
A. Compliance with Regulations: The contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, "DOT") title 49, CFR, Part 21, as they
may be amended from time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
B. Nondiscrimination: The contractor, with regard to the work performed by
it during the contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and Leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers
a program set forth in Appendix 8 of the Regulations.
C. Solicitations for Subcontracts, IncludingProcurementsof Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials or Leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
D. Information and Reports: The contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the -Purchaser or the Federal Transit
Administration (FTA) to be pertinent to ascertain compliance with such
regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to fiunish
this information the contractor shall so certify to the Purchaser, or the -Federal
Transit Administration (FTA) as appropriate, and shall set forth what efforts it has
made to obtain the information.
16
E. Sanctions for Compliance: In the event of the contractor's noncompliance
with nondiscrimination provisions of this contract, the Purchaser shall impose
contract sanctions as it or the (Name of the Appropriate Administration) may
determine to be appropriate, including, but not Limited to:
1) withholding of payments to the contractor under the contract until
the contractor complies; and/or cancellation, termination, or suspension of
the contract, in whole or in part.
5) Termination Provisions.
A. Termination for Default [Breach or Cause] (General Provision)
If the Contractor does not deliver supplies in accordance with the contract delivery
schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of
the contract, the Purchaser may terminate this contract for default. Termination shall be
effected by serving a notice of termination on the contractor setting forth the manner in
which the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the Purchaser that the Contractor had an excusable reason for
not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the Purchaser, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
B. Opportunity to Cure (General Provision)
The Purchaser in its sole discretion may, in the case of a termination for breach or
default, allow the Contractor [an appropriately short period of time) in which to cure the
defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions.
If Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor or written notice from Purchaser setting forth the nature of said breach or
default, Purchaser shall have the right to terminate the Contract without any fiu-ther
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude Purchaser from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
C. Waiver of Remedies for any Breach
17
In the event that Purchaser elects to waive its remedies for any breach by Contractor of
any covenant, term or condition of this Contract, such waiver by Purchaser shall not
limit Purchaser's remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.
6) Requirements for Disadvantaged Business Enterprises (DBE).
The Federal Fiscal Year goal has been set by (Grantee) in an attempt to match projected
procurements with available qualified disadvantaged businesses. Purchaser goals for budgeted
service contracts, bus parts, and other material and supplies for Disadvantaged Business
Enterprises have been established by Purchaser as set forth by the Department of Transportation
Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface
Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from
this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly
stated in the Special Specifications, and if the contractor is found to have failed to exert
sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, Purchaser
may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the
Special Specifications, it will be understood that no specific goal is assigned to this contract.
A. Policy - It is the policy of the Department of Transportation and Purchaser that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended
in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance
Act of 1987, shall have the maximum opportunity to participate in the performance of
Contract financed in whole or in part with federal funds under this Agreement.
Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the
STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that
DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987,
have the maximum opportunity to participate in the whole or in part with federal
funds provided under this Agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with the Regulations to ensure that
DBEs have the maximum opportunity to compete for and perform subcontracts. The
Contractor shall not discriminate on the basis of race, color, national origin, religion,
sex, age or physical handicap in the award and performance of subcontracts.
It is further the policy of Purchaser to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement
in all phases of Purchaser procurement activities are encouraged.
B. DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with federal
funds provided under the Agreement. In that regard, all Contractors and
subcontractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23 as amended, to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts.
18
Where the Contractor is found to have failed to exert sufficient reasonable and good
faith efforts to involve DBE's in the work provided, Purchaser may declare the
contractor noncompliant and in breach of contract. The Contractor will keep records
and documents for a reasonable time following performance of this contract to
indicate compliance with Purchaser DBE program. These records and documents
will be made available at reasonable times and places for inspection by any
authorized representative of Purchaser and will be submitted to Purchaser upon
request. Purchaser will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE
participation. The assistance may include the following upon request:
• Identification of qualified DBE
• Available listing of Minority Assistance Agencies
Holding bid conferences to emphasize requirements DBE Program
Definitions, as used in the contract:
A. Disadvantaged business "means a small business concern":
1) Which is at least 51 percent owned by one or more socially and
economically disadvantaged individuals, or, in the case of any publicly
owned business, at least 51 percent of the stock of which is owned by one
or more socially and economically disadvantaged individuals; and
2) Whose management and day business operations are controlled by
one or more of the socially and economically disadvantaged individuals
who own it. or
3) Which is at least 51 percent owned by one or more women
individuals, or in the case of any publicly owned business, at least 5 1 % of
the stock of which is owned by one or more women individuals; and
4) Whose management and daily business operations are controlled
by one or more women individuals who own it.
B. "Small business concern" means a small business as defined by Section 3
of the Small Business Act and Appendix B - (Section 106(c)) Determinations of
Business Size.
C. "Socially and economically disadvantaged individuals" means those
individuals who are citizens of the United States (or lawfully admitted permanent
residents) and States (or lawfully admitted permanent residents) and who are
black Americans, Hispanic Americans, Native Americans, Asian -Pacific
Americans, Asian -Indian Americans, or women, and any other minorities or
D. individuals found to be disadvantaged by the Small Business
Administration pursuant to section g(a) of the Small Business Act.
1) "Black Americans", which includes persons having origins in any
of the Black racial groups of Africa;
19
2) "Hispanic Americans", which includes persons of Mexican, Puerto
Rican, Cuba, Central or South American, or other Spanish or Portuguese
culture or origin, regardless of race;
3) "Native Americans', which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians;
4) "Asian -Pacific Americans", which includes persons whose origins
are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the
Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the
Northern Marianas;
5) "Asian -Indian Americans", which includes persons whose origins
are from India, Pakistan, and Bangladesh.
7) Environmental Protection.
The Contractor agrees to comply with all applicable requirements of the National Environmental
Policy Act -of 1969, as amended, 42 U. S.C. §§ 4321 et seq. in accordance, with Executive Order
No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994; FTA statutory requirements on
environmental matters at 49 U.S. C. § 5324(b); Council on Environmental Quality Regulations
on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part
1500 et seq.; and joint FHWA/FTA Regulations, "Environmental Impact and Related
Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
8) Energy Conservation.
The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act. \
9) Privacy.
To the extent that the Contractor, any third party contractor at any tier, any subrecipient at any
tier, or their employees administer any system of records on behalf of the Federal Government,
the Contractor agrees to comply with, and assures the compliance of each affected third party
contractor at any tier, each affected subrecipient at any tier, and their employees with the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.
552, (the Privacy Act). Specifically:
A. Consent of Federal Government. The Contractor agrees to obtain the
express consent of the Federal Government before it or its subcontractors, or any
B. of their employees operates a system of records on behalf of the Federal
Government.
C. Acknowledgment of Civil and Criminal Penalties. The Contractor
acknowledges that the requirements of the Privacy Act, including the civil and
criminal penalties for violations of the Privacy Act apply to those individuals
20
administering a system of records for the Federal Government under the Project,
and that failure to comply with the Privacy Act may result in termination of the
Contract .
10) Access to Records and Reports.
The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA
recipient or a subgrantee of the FTA recipient in accordance with 49 C. F. R.
18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator,
the Comptroller General of the Unites States or any of their authorized
representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant
to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 531 1.
B. Where the Purchaser is a State and is the FTA recipient or a subgrantee of
the FTA recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to
provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)l, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project
excludes contracts of less than the simplified acquisition threshold currently set at
$100,000.
C. Where any Purchaser which is the FTA recipient or a subgrantee of the
FTA recipient in accordance with 49 U. S.C. 5325(a) enters into a contract for a
capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than
competitive bidding, the Contractor shall make available records related to the
contract to the Purchaser, the Secretary of Transportation and the Comptroller
General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
D. The Contractor agree to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
11) Access to Records.
21
The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case Contractor agrees to maintain same
until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of a such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(I 1).
12) Clean Aar .
The Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S. C. §§ 7401 et seq. Specifically:
A. to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office.
B. to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by the FTA.
13) Clean Water.
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq. The
contractor agrees to report each violation to the (Grantee) and understands and agrees that the
State will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
14) Notification of Federal Participation.
In the announcement of any third party contract award for goods or services (including
construction services) having an aggregate value of $500,000 or more, the Contractor agrees to
specify the amount of Federal assistance to be used in financing that acquisition of goods and
services and to express the amount of that Federal assistance as a percentage of the total cost of
that third party contract.
15) 13(c) and Transit Employee Protective Arrangements.
The Contractor agrees to the comply with applicable transit employee protective requirements as
follows:
A. General Transit Employee Protective Requirements. To the extent that
FTA determines that transit operations are involved, the Contractor agrees to
carry out the transit operations work on the underlying contract in compliance
with ten-ns and conditions determined by the U.S. Secretary of Labor to be fair
and equitable to protect the interests of employees employed under this contract
22
and to meet the employee protective requirements of 49 U. S.C. § 5333(b), and
U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the letter of certification from the U.S. DOL
to FTA applicable to the FTA Recipient's project from which Federal assistance is
provided to support work on the underlying contract. The Contractor agrees to
carry out that work in compliance with the conditions stated in that U.S. DOL
letter. The requirements of this subsection (1), however, do not apply to any
contract financed with Federal assistance provided by FTA either for projects for
elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 53
10(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 531 1.
Alternate provisions for those projects are set forth in subsections (b) and (c) of
this clause.
B. Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. § 53 10(a)(2) for Elderly Individuals and Individuals with Disabilities. If
the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 53 10(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee
protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for
the state and the public body subrecipient for which work is performed on the
underlying contract, the Contractor agrees to carry out the Project in compliance
with. the terms and conditions determined by the U.S. Secretary of Labor to meet
the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part
215, and any amendments thereto. These terms and conditions are identified in the
U.S. DOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor agrees to
perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
C. Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. §5311 in Nonurbanized Areas. If the contract involves transit operations
financed in whole or in part with Federal assistance authorized by 49 U. S.C. §
531 1, the Contractor agrees to comply with the terms and conditions of the
Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
D. Secretaries of Transportation and Labor, dated May 31, 1979, and the
procedures implemented by U.S. DOL or any revision thereto.
The Contractor also agrees to include the any applicable requirements in each subcontract
involving transit operations financed in whole or in part with Federal assistance provided by
FTA.
16) Charter Service Operations.
The Contractor agrees to comply with 49 U. S.C. 5323(d) and 49 CFR Part 604, which provides
that recipients and subrecipients of FTA assistance are prohibited from providing charter service
23
using federally funded equipment or facilities if there is at least one private charter operator
willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any
charter service provided under one of the exceptions must be "incidental," i.e., it must not
interfere with or detract from the provision of mass transportation.
17) School Transportation Operations.
Pursuant to 69 U. S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA
assistance may not engage in school bus operations exclusively for the transportation of students
and school personnel in competition with private school bus operators unless qualified under
specified exemptions. When operating exclusive school bus service under an allowable
exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or
facilities.
18) Access Requirements for Individuals with Disabilities.
The Contractor agrees to comply with the requirements of The Americans with Disabilities Act
(ADA), 42 U.S.C. 12101 et seq.,-including but not limited to the regulatory provisions of 49 CFR
Parts 27, 37 and 39.
19) Drug Abuse and Testing Requirements.
The Contractor agrees to participate in Purchaser's drug and alcohol program established in
compliance with 40 FR 653 and 654. The Contractor agrees to establish and implement a drug
and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any
documentation necessary to establish its compliance with Parts 653 and 654, and permit any
authorized representative of the United States Department of Transportation or its operating
administrations, the State Oversight Agency to inspect the facilities and records associated with
the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653
and 654 and review the testing process. The Contractor agrees further to certify annually its
compliance with Parts 653 and 654 and to submit the Management Information System (NITS)
reports annually. To certify compliance the Contractor shall use the "Substance Abuse
Certifications" in the "Annual List of Certifications -and Assurances for Federal Transit
Administration Grants and Cooperative Agreements," which is published annually in the Federal
Register.
20) Disputes.
Disputes arising in the performance of this Contract which are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of Purchaser's representative.
This decision shall be final and conclusive unless within ten (10) days from the date of receipt of
its copy, the Contractor mails or otherwise furnishes a written appeal to the next higher chain of
command. In connection with any such appeal, the Contractor shall be afforded an opportunity
to be heard and to offer evidence in support of its position. The decision of this person shall be
appealable to an arbitrator.
Performance During Dispute. Unless otherwise directed by Purchaser, Contractor shall
24
continue performance under this Contract while matters in dispute are being resolved, unless
dispute involves a past due payment owed to Contractor uncured within 90 days, in which case
Contractor may discontinue performance.
Claims for Damages. Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the Purchaser and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a
court of competent jurisdiction within the State in which the Purchaser is located.
Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to
act by the Purchaser or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
21) Incorporation of FTA Terms.
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220. ID, dated April 15, 1996, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Contractor shall not perform any act, failure to perform any
act, or refuse to comply with any Purchaser requests which would cause Purchaser to be in
violation of the FTA terms and conditions.
25
CERTIFICATION REGARDING LOBBYING PURSUANT TO 49 CFR
PART 20
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119196). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 3 1, U. S. C. § 13 5 2 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(t)-(2)(A), any
person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure
form shaft be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 3 1 U. S.C. § 3 80 1,
et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
26
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or Potential Contractor for a major
third party contract), certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction,- violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party
contractor) is unable to certify to any of the statements in this certification, the participant shall attach an
explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR COOPERATIVE AGREEMENT,
OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY
CONTRACT),
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE
PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's
Authorized Official
The undersigned chief counsel for the hereby
certifies that the has authority under State and local
law to comply with the subject assurances and that the certification above has been legally made.
Signature of Applicant's Attorney Date
Typed Name of Applicant's Attorney
27
RESOLUTION NO.
WHEREAS, Request for Proposals (RFP) were solicited for a three (3) year
contract, with two (2) successive one (1) year renewal options, for management of the
Beaumont Municipal Transit system; and,
WHEREAS, First Transit, Inc., of Cincinnati, Ohio, submitted a proposal in the
amount of $1,096,268.57 in the annual amounts shown below:
; and,
Annual Cost
Year 1
$217,943.21
Year 2
$219,165.93
Year 3
$221,556.15
Year 4
$217,535.75
Year 5
$220,067.53
WHEREAS, City Council is of the opinion that it is in the best interest of the citizens
of the City of Beaumont that the proposal submitted by First Transit, Inc., of Cincinnati,
Ohio, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the Request for Proposal submitted by First Transit, Inc., of Cincinnati, Ohio, for a
three (3) year contract, with two (2) successive one (1) year renewal options, for
management of the Beaumont Municipal Transit system in the amount of $1,096,268.57
in the annual amounts shown above be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with First Transit, Inc., of Cincinnati, Ohio, for the
purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -
JOINT
PUBLIC HEARING
Receive comments on the proposed FY 2021
Budget and the proposed 2021 Capital
Program
2
September 15, 2020
Consider a resolution postponing the final vote on the proposed FY 2021 Budget to September
22, 2020
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council hold a Joint Public Hearing on the proposed FY 2021
Budget and the proposed 2021 Capital Program and at the
conclusion of the hearing take action to postpone the final vote on
the proposed FY 2021 Budget until September 22, 2020.
BACKGROUND
The proposed FY 2021 Budget was submitted to Council on August 11, 2020. The proposed
2021 Capital Program was originally submitted on May 15, 2020 and again with the proposed
budget on August 11, 2020.
The notice of the public hearing on the Budget and Capital Program was published September 3,
2020.
Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the
governing body of the municipality shall take action on the proposed budget. Council must take
action to postpone the final vote on the proposed budget until September 22, 2020.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Hold the Joint Public Hearing.
RESOLUTION NO.
WHEREAS, the proposed FY 2021 Budget was submitted to the City Council of
the City of Beaumont, Texas on August 11, 2020; and,
WHEREAS, the proposed FY 2021 Capital Program was originally submitted on
May 15, 2020 and again with the proposed budget on August 11, 2020; and,
WHEREAS, the notice of the public hearing on the FY 2021 Budget and FY 2021
Capital Program was published September 3, 2020; and,
WHEREAS, Local Government Code, Section 102.007 states that at the
conclusion of the public hearing, the governing body of the municipality shall take action
on the proposed budget; and,
WHEREAS, Chapter 26 of the Property Tax Code requires two public hearings if
the proposed tax rate exceeds the lower of the effective rate or roll back rate; and,
WHEREAS, since the second public hearing on the proposed tax rate is scheduled
for September 22, 2020, City Council must take action to postpone the final vote on the
proposed FY 2021 budget until after the second hearing on the proposed tax rate; and,
WHEREAS, City Council is of the opinion that it is in the best interest of the citizens
of the City of Beaumont for the City to postpone the final vote on the proposed FY 2021
budget until after the second hearing on the proposed tax rate;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the final City Council vote to adopt the FY 2021 Budget be and hereby is
postponed until September 22, 2020 after the second hearing on the proposed tax rate.
The meeting at which this. resolutiori_was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -
PUBLIC HEARING
* Receive comments on the 2020 (FY 2021)
proposed tax rate
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council hold a Public Hearing on the 2020 (FY 2021) proposed tax
rate.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws
in adopting their tax rate. A public hearing is required if the proposed tax rate of $0.71/$100
exceeds the lower of the no new revenue tax rate ($0.690967/$100) or the voter approval tax rate
($0.734527/$100). The proposed tax rate exceeds the no new revenue tax rate by
$0.019033/$100 or 2.8%. A Notice of Proposed Tax Rate is required to be published in the
newspaper, on the city website, and on a television channel, if available. The notice was posted
on the cable channel 4 and in the newspaper on September 3, 2020 in addition to being posted on
the website September 3, 2020.
Chapter 26 of the Property Tax Code requires that the governing body announce at the public
hearing the date, time, and place of the meeting at which it will vote on the proposed tax rate. It
is recommended that this date be on September 22, 2020 at 1:30 p.m. in Council chambers at
City Hall.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Hold a Public Hearing on the proposed tax rate.
3
September 15, 2020
Consider a resolution authorizing the City Manager to execute an agreement with the Beaumont
Independent School District (BISD) regarding the School Crossing Guard Program
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an agreement with the Beaumont Independent School
District (BISD) regarding the School Crossing Guard Program.
BACKGROUND
The City of Beaumont entered into an interlocal agreement (ILA) with BISD in May 2017 which
required BISD to manage and administer the Program and its employees. The City agreed to
provide payment for 50% of the actual cost, not to exceed $90,000 per year. This ILA was for a
three year period ending on June 30, 2020.
BISD is proposing that we renew the agreement with a provision that it automatically renew each
year unless terminated by either party. The proposed ILA is attached for your review.
FUNDING SOURCE
General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement with the Beaumont Independent School District (BISD) relating to the School
Crossing Guard Program. The Interlocal Agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -
INTERLOCAL AGREEMENT BETWEEN:
CITY OF BEAUMONT, TEXAS & BEAUMONT INDEPENDENT SCHOOL DISTRICT
This Interlocal Agreement ("the Agreement") is entered into by and between the City of
Beaumont, ("City"), and the Beaumont Independent School District, ("District")
(collectively referred to herein as the "Parties"), entities that are authorized to enter into
interlocal agreements in accordance with Section 791.001, et. seq., of the Texas
Government Code.
WHEREAS, the District, currently operates a School Crossing Guard program (the
"Program"),
WHEREAS, the City and the District share the expense of funding the program equally,
WHEREAS, the purpose of the program is to ensure students" safety as they come and
go to the District's campuses using city road ways,
WHEREAS, the Board of Trustees determines that student safety and student
transportation are important educational and public purposes, and the program
benefits these educational and public purposes; NOW THEREFORE the parties agree as
follows:
Article I: Purpose of the Agreement
The purpose of this Agreement is to provide the terms and conditions whereby
the District and the City will continue to fund the Program in accordance with the
ongoing spirit of cooperation between the City and the District with regards to the
sharing of resources and the mutual concern for safety; and to maximize efficiency for
the benefit of the students, citizens, and taxpayers of the City.
Article II: Terms of the Agreement
This Agreement will be in effect for annual periods coinciding with the District's
fiscal year. It will automatically renew on its effective anniversary unless terminated
sooner by either party upon thirty days prior written notice or immediately upon
written notice by either party if termination is due to unavailability or failure to budget
funds by either party.
Unless otherwise stated herein, any notice under this Agreement shall be in writing and
directed to the following individuals:
Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS
Page 1 of 3
EXHIBIT "A"
To City: City of Beaumont
Kyle Hayes, City Manager
P.O. Box 3827
Beaumont, Texas 77704
Telephone: 409-880-3725
Email: kyle.hayes@beaumonttexas.gov
To District: Beaumont Independent School District
Dr. Shannon Allen, Superintendent
3395 Harrison Avenue
Beaumont, Texas 77706
Telephone: (409) 617-5000
Email: spier@bmtisd.com
Article III: Obligation of District
District agrees to provide overall management and administration of the
program and its employees, including documentation to support invoices submitted to
the City.
District will provide training for all Crossing Guards in traffic directions as
defined by the basic peace officer course curriculum established by the Commission on
Law Enforcement Standards and Education.
Article IV: Obligation of City
The City agrees to compensate the District for half of all expenses related to the
crossing guard program, not to exceed $90,000 annually. No crossing guards are eligible
to collect overtime or other special pay.
The City will reimburse the District via a biannual invoice. The first invoice will
be submitted by January 15 and due no later than February 15. The second invoice will
be submitted by June 15 and due no later than July 15.
Article V: Indemnity
To the extent permitted by Texas law, the parties agree to hold harmless one
another and to not be liable to the other party for any and all claims, causes of action,
suits, damages, including but not limited to, lost profits, special, incidental,
consequential or punitive damages, whether in tort, for breach of contract, breach of
warranties, express or implied, or otherwise. Neither party warrants that any duties and
Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS
Page 2 of 3
obligations performed hereunder will be without defect or interruption. The parties
agree to work cooperatively and to use best efforts to execute the Program.
Article VI: Venue & Applicable Law
The parties agree that the venue in any legal action brought pursuant to this
agreement shall lie in Jefferson County, Texas. The validity of this agreement and its
terms and provisions, as well as the rights and duties of the parties, shall be governed
by the law of the State of Texas.
Article VII: Merger & Severability
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of school crossing guards, and supersedes any prior
understanding or agreements, whether written or oral, between the parties with respect
to the subject matter of this Agreement. No amendment, modification, or alteration of
the terms of this Agreement will be binding on either party, unless the same is in
writing, dated subsequent to the date of this document, and is duly executed by an
authorized person acting for the party against whom enforcement is sought. Should any
clause become unenforceable due to illegality, it shall be stricken and the remainder of
the agreement enforceable.
Article VIII: Intended Parties and Authority
There shall be no third party beneficiaries with any rights whatsoever as to
either party under this Agreement. Both parties acknowledge they have the legal
authority to enter into this Agreement and commit to the terms herein, and the parties
hereby agree to be bound by such terms.
This Agreement is effective on the date of the last signature obtained below.
AGREED:
City of Beaumont
am
Kyle Hayes, City Manager
Date:
AGREED:
Beaumont ISD
Los
Date:
Shannon Allen, Superintendent
Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS
Page 3 of 3
C!
September 15, 2020
Consider passage of an ordinance terminating the previously declared state of disaster made
necessary by the imminent threat of Hurricanes Marco and Laura. Also to consider repealing
Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public
calamity resulting from Hurricanes Marco and Laura
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone Cooper, City Attorney
MEETING DATE: September 15, 2020
REQUESTED ACTION: Council consider passage of an ordinance terminating the
previously declared state of disaster made necessary by the
imminent threat of Hurricanes Marco and Laura. Also to consider
repealing Ordinance No. 20-041 which extended the adopted
Emergency Powers because of the public calamity resulting from
Hurricanes Marco and Laura.
BACKGROUND
On August 24, 2020, the Mayor issued a proclamation declaring a local state of disaster for the
City of Beaumont pursuant to Section 418.108 of the Texas Government Code due to the
imminent threat to the residents of the City of Beaumont posed by Hurricanes Marco and Laura.
This proclamation activated the previously adopted City Emergency Management Plan. The
Plan called for prompt and effective response to a natural disaster, such as Hurricanes Marco and
Laura, and the necessary emergency relief that would follow. The Mayor, as the Emergency
Management Director, also adopted emergency power directives calculated to effectively control
the situation in order to protect life and property of the Beaumont residents. The Council, on
August 31, 2020, in a special emergency meeting, confirmed and ratified the action of the Mayor
and continued in effect the previously proclaimed state of disaster.
The purpose of this action is to assess the present situation and to determine whether the
conditions which made the declaration of disaster necessary have sufficiently subsided to a point
that the state of emergency can be terminated. If the Council is satisfied that the conditions
necessitating the proclamation of a local state of disaster have ceased to exist or that the disaster
has been dealt with to the extent that emergency conditions no longer exist, then the declared
state of disaster should be terminated.
RECOMMENDATION
Administration recommends approval of an ordinance terminating the previously declared state
of disaster made necessary by the imminent threat of Hurricanes Marco and Laura and repealing
Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public
calamity resulting from Hurricanes Marco and Laura.
ORDINANCE NO.
ENTITLED AN ORDINANCE TERMINATING THE DECLARED STATE OF
DISASTER MADE NECESSARY BY THE IMMINENT THREAT OF
HURRICANES MARCO AND LAURA AND REPEALING ORDINANCE NO.
20-041 WHICH EXTENDED THE ADOPTED EMERGENCY POWERS AS
AMENDED MADE NECESSARY BECAUSE OF THE PUBLIC CALAMITY
RESULTING FROM HURRICANES MARCO AND LAURA.
WHEREAS, on August 24, 2020, the Mayor of the City of Beaumont issued a
proclamation declaring a local state of disaster in anticipation of the imminent threat that
Hurricanes Marco and Laura posed upon the lives and property of the inhabitants of the
City of Beaumont; and,
WHEREAS, by Ordinance No. 20-040, the City Council continued in effect the
declared state of disaster by the Mayor until such time as the conditions necessitating the
proclamation of the local state of disaster ceased to exist; and,
WHEREAS, by Ordinance No. 20-041, the City Council continued in effect the
amended Emergency Powers for the City of Beaumont until terminated by Ordinance of
the City Council; and,
WHEREAS, the City Council for the City of Beaumont is of the opinion that the
conditions made necessary for the declaration of a local state of disaster no longer exist
and the local state of disaster should be terminated;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1.
THAT the City Council, as the governing body of the City of Beaumont, hereby
terminates the proclamation of a local state of disaster described in the preamble above.
Section 2.
THAT Ordinance No. 20-041, extending the adopted Emergency Powers as
amended made necessary because of the public calamity resulting from Hurricanes
Marco and Laura, be and it is hereby repealed, thereby terminating the Emergency
Powers.
Section 3.
THAT a public emergency exists requiring that this ordinance be passed formally
on the date of its introduction; therefore, this ordinance shall take effect immediately upon
its passage.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2020.
- Mayor Becky Ames -