HomeMy WebLinkAboutPO 6048: BUDGET AMENDMENTCity of Port Arthur
Finance Department
Memorandum
To: Steve Fitzgibbons, City Manager `~,
From: Deborah Echols, Finance Director i~\V
Date: October 22, 2009 ~"
Re: P O 6048 - An Appropriation Ordinance Amending the Budget for Fiscal Yeaz 2010
This budget amendment provides for the 10% administrative fee for Carl R. Griffith and Associates to
facilitate the $950,000 Supplemental Environmental Project Grant as stipulated in the contract
approved by Resolution 08-036 (attached).
Z:\Finance\Oldinances\09-IO Budge[ Amendmrnt.da
P. O. NO. 6048
jja 10/22/09
ORDINANCE NO.
AN APPROPRIATION ORDINANCE AMENDING
THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2009 AND ENDING
SEPTEMBER 30, 2010 AS TO FUND CHARGES
FOR ADMINISTRATION FEES IN OBTAINING
THE SUPPLEMENTAL ENVIRONMENTAL
PROJECT
WHEREAS, in accordance with Article XII, Section 9, of the City Charter, the City Council
may make emergency appropriations from time to time; and
WHEREAS, the City Council may make budget amendments for emergencies under Section
102.009 and for Municipal purposes under Section 102.010 Local Government Code.
WHEREAS, on September 22, 2009, the City Council approved and adopted Ordinance 09-68
appropriated the 2009-2010 budget; and
WHEREAS, the City has received an invoice from Cazl Griffith and Associates for $95,000
Administration fees for obtaining the $950,000 Supplemental Environmental Project from Premcor
Refining Group.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the General Fund budget is increased $95,000 to fund administration fees
for the Supplemental Environmental Project.
Section 3. That Section 2 of the Budget Ordinance 09-68 be amended to read:
That there be and is hereby appropriated the sum Fifty Four Million, Seven Hundred Ninety Six
Thousand, Nine Hundred Sixty Three Dollazs ($54,796,963) to the General Fund for the payment of
the Operating Expenses, and necessary capital outlay for the City govemment for the following
departments and uses:
Department or Use
Administration $ 2,104,733
City Secretary 971,522
City Attorney 594,511
Finance 3,434,394
Human Resources 648,878
One Block at a Time 238,848
Grants Management 606,683
Planning 433,414
Community Services 2,137,745
Civic Center 525,969
Parks and Recreation 2,357,696
Library 1,345,757
Police 16,255,529
Fire 10,600,423
Health 1,230,661
Public Works 8,394,100
Transfer to Other Funds 2,916,100
Total $ 54,796,963
Section 4. That a copy of the caption of this Ordinance be spread upon the minutes of the
City Council.
Section 5. That this Ordinance shall be effective immediately.
READ, ADOPTED, AND APPROVED, this day of November, 2009, AD, at a
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor
Councilmembers:
NOES:
Mayor
ATTEST:
Terri Hanks -City Secretary
APPROVED AS TO FORM:
,~`~ ~~',
Valecia Tizeno, Acti ig City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
ll/~~,~Ki..~
eborah Echols -Fin a Director
P. R. No. 14546
01/25/08 is
RESOLUTION NO. o~ aJ~
A RESOLUTION AS IT PERTAINS TO A CONSULTANT
AGREEMENT WZTH CARL R. GRIFFITH & ASSOCIATES
FOR PROFESSIONAL CONSIILTING SERVICES (REQUESTED
BY MAYOR PRINCE)
WHEREAS, it is deemed in the best interests of the citizens and
the City to enter into a Consulting Agreement with Carl R. Griffith
& Associates for professional consulting services with local
industry.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is herein authorized to
enter into a Consulting Agreement with Carl R. Griffith &
Associates, Inc., in substantially the same form as attached
hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution be
spread upon the Minutes of the City CouncilC~.
READ, ADOPTED AND APPROVED on this ~/ ~ flay of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor ~//~~'~? ~ % / iCU;n~ ~~ ~..//YI~~,e\~1__-~-J'~
Councilmembers
l
2.pi14546
NOES:
/~i1~f,Gb ~/~lG~'J
V MAYOR
ATTEST:
~P.l.L(
CITY SECRETARY
APPROVED AS TO FORM:
y "r^i ~- ~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY ~~~
APPROVED AS TO THE AVAILABILITY OF FIINDS:
n'ee`'.,-.~cii4t~ ~"
DIRECTOR OF FINANCE
Z.pr14546
EXHIBIT "A"
z.po5841
CONSULTING AGREEMENT
_ This Consulting Agreement (the "Agreement") is entered into this ,~gthday of
.) U vt cl 0. / , 2008 by and between Cazl R. Griffith & Associates, Inc., a Texas
corporation, ("C nsultant") and the City of Port Arthur, Texas ("City").
1. Consultant's Services. City retains Consultant to provide to the City professional
consulting services as to the following:
• Assisting the City in nominating proposed city environmental projects to the TCEQ so
that they can be pre-approved as available projects that industries can use as
Supplemental Environmental Projects
• Contacting local industries to ask them to participate in the pre-approved Supplemental
Environmental Projects which will be mutually beneficial to the industries and to the City
• Monitoring the projects to make certain that the project is being completed to the
satisfaction of the City, participating Industries and the Texas Commission on
Environmental Quality
• Assisting the City in its reporting requirements for Supplemental Environmental Projects
program
2. Consideration. In consideration for the Consulting Services to be performed by
Consultant under this Agreement, the City witl pay the Consultant 10% of the cost savings that
the City receives as it pertains to the project costs as a result of the efforts of the consultant. For
example, if the consultant is able to persuade an industry to pay $80,000 of a $100,000
construction project that the City is undergoing or plans to proceed with as a Supplemental
Environmental Project and after the industry pays the $80,000, the consultant will be paid $8,000
from City general revenue funds. Therefore, the city will be paying $20,000 for the construction
costs, as well as $8,000 to the consultant. The net savings to the City would be $72,000.
Consultant will be responsible for any and all consultant `s expenses associated with the
projects, included but not limited to travel and costs associated therewith.
Consultant will submit such reports as requested by the City Manager delineating the
following:
• Actions taken to consult with City Staff to facilitate the application by City Staff
to the TCEQ to pre-approve Supplemental Environmental Projects
• Actions taken by the consultant to contact local industries
• Persons contacted
• Responses of local industries
• Status of negotiations between the consultant and local industries as to proposed
projects
• Status of ongoing projects
• Such other relevant information as requested by the City Manager
z. griff ith_consulting agreement Page 1 of 3
Once an industry agrees to participate in a City Supplemental Environmental Project and
pays the City, the consultant will submit an invoice for payment of consultant fees.
The City shall pay consultant the amounts due pursuant to this Agreement within 30 days
after the invoice is received by the City.
3. Independent Contractor. Nothing herein shall be construed to create anemployer-
employee relationship between the City and Consultant or any of Consultant's employees.
Consultant is an independent contractor and not an employee of the City. The consideration set
forth in Section 2 shall be the sole consideration due Consultant for the services rendered
hereunder. It is understood that the City will not withhold any amounts for payment of taxes
from the compensation of Consultant hereunder. The Consultant will be responsible for the
payment of all taxes, including payroll taxes, social security and similar costs. Consultant will
not represent to be or hold himself cut as an employee of the City.
4. Term and Termination. The term of this agreement is two years. Either party may
terminate this agreement for good cause at any time during the term by written notice directed to
the other party and given thirty (30) days in advance of the termination date. Such notice shall
set out the basis for "cause" and provide an opportunity to cure the "cause" and obviate the
termination of this agreement.
5. Dispute Resolution. If there is any dispute or controversy between the parties azising out
of or relating to this Agreement, the parties agree that such dispute or controversy will be
arbitrated in accordance with proceedings under American Arbitration Association rules, and
such azbitration will be the exclusive dispute resolution method under this Agreement. The
decision and awazd determined by such azbitration will be final and binding upon both paz[ies.
All costs and expenses, including reasonable attorney's fees and expert's fees, of all parties
incurred in any dispute which is determined and/or settled by arbitration pursuant to this
Agreement will be home by the party determined to be liable in respect of such dispute;
provided, however, that if complete liability is not assessed against only one party, the parties
will shaze the total costs in proportion to their respective amounts of liability so determined.
6. Notice. Any notice or communication permitted or required by this Agreement shall be
deemed effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly, or sent via electronic means, addressed to the appropriate party at
the address set forth below:
Notices to Consultant: Carl R. Griffith & Associates, Inc.
2901 Turtle Creek Drive, Suite 101,
Port Arthur, Texas 77642
409-722-5101 (facsimile)
jjohnson@cazlrgriffith.com
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Notices to City: Mr. Steve Fitzgibbons, City Manager
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
7. General Provisions.
7.1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement of
the parties with regazd to the subject matter hereof, and replaces and supersedes all other
agreements or understandings, whether written or oral as it pertains to Supplemental
Environmental Projects. No amendment or extension of the Agreement shall be binding unless in
writing and signed by both parties.
7.2 Assignment. Nothing in this Agreement shall be construed to permit the assignment by
Consultant of any of its rights or obligations hereunder, and such assignment is expressly
prohibited without the prior written consent of City.
7.3 Governing Law, Severability. This Agreement shall be governed by the laws of the State
of Texas. The invalidity or unenforceability of any provision of the Agreement shall not affect
the validity or enforceability of any other provision.
7.4 Compliance with Section 305.022 Government Code. The parties will take such action as
to comply with said section. The fee agreement for the administration of the projects is based on
a good faith estimate of work to be performed. Specifically, the consultant will take no action to
influence the outcome of legislative or administrative action.
7.5 Waiver. The waiver by either party of a breach or violation of any provision of this
Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof.
SIGNED AND AGREED TO on this the ~l nday of F.L~, 2008.
CITYOF PORT ARTHUR:
Stephen Fitzgibbons, City Manager
SIGNED AND AGREED TO this the ~ y day of 2 ~'u ar , 2008.
CONSULTAN :CARL R. GRIFFITH & ASSOCIATES, INC.
By: GC
Carl R. Crriffith, President
Page 3 of 7
z.griffith_consulting agreement