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HomeMy WebLinkAboutPR 25050: EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TEXAS A&M ENGINEERING EXTENSION SERVICE (TEEX) FOR THE PROVISION OF CODE ENFORCEMENT TRAINING of 0 Cam_ o r r i h Ie cus .PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: July 20, 2026 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager, CPM From: Pamela D. Langford, CPM, Assistant City Manager- Operations/ Director of Development Services • -1 RE: P.R. NO. 25050 - Proposed Resolution authorizing the City Manager to Execute a Memorandum of Agreement with Texas A&M Engineering Extension Service (TEEX) for Code Enforcement Training. Introduction: The Port Arthur City Council is being asked to consider the approval of Proposed Resolution No. 25050, which authorizes the City Manager to execute a Memorandum of Agreement with Texas A&M Engineering Extension Service (TEEX) to provide comprehensive Code Enforcement Training for City staff in an amount not to exceed $10,100.00. Background: During the past year, the City Council has adopted several significant ordinances intended to strengthen neighborhood preservation, property maintenance, and community appearance. These include regulations governing: • Short-Term Rental Registration and Operation; • Vacant Building Registration within the Downtown Business District; • Minimum Property Standards; and • Restricted Parking on Unimproved Surfaces. As these ordinances become fully implemented, it is essential that City personnel receive formal instruction regarding the applicable state statutes, constitutional requirements, due process protections, documentation standards, inspection "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 procedures, evidence collection, and enforcement practices necessary to administer these regulations consistently and effectively. The Texas A&M Engineering Extension Service (TEEX), a statewide training agency within The Texas A&M University System, specializes in professional education for governmental code enforcement personnel. Under the proposed Memorandum of Agreement, TEEX will provide instructor-led Code Enforcement Training for up to twenty (20) City employees. TEEX will provide registration services, instructors, instructional materials, and certificates of completion, while the City will provide the classroom facilities. Benefits to the City: Approval of this Agreement will: • Improve staff knowledge of Texas statutes governing municipal code enforcement. • Promote consistent enforcement of recently adopted ordinances. • Strengthen due process and documentation practices. • Reduce potential legal exposure associated with enforcement actions. • Enhance customer service through consistent application of City regulations. • Improve coordination among Planning, Building Inspections, Code Enforcement, and related departments. Budget Impact: The total cost of the training is $10,100.00. Funding is available in: Planning Travel and Education Account: 001-13-031-5440-00-10-000. Recommendation: It is recommended that the City Council consider approving Proposed Resolution No. 25050, authorizing the City Manager to execute the Memorandum of Agreement with the Texas A&M Engineering Extension Service (TEEX) for Code Enforcement Training in an amount not to exceed $10,100.00, with funding available in the Planning Travel and Education Account 001-13-031-5440-00-10-000. "Remember. e are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. NO. 25050 07/20/2026 PDL PAGE 1 OF 5 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TEXAS A&M ENGINEERING EXTENSION SERVICE (TEEX) FOR THE PROVISION OF CODE ENFORCEMENT TRAINING IN AN AMOUNT NOT TO EXCEED TEN THOUSAND ONE HUNDRED DOLLARS ($10,100.00); FUNDING AVAILABLE IN PLANNING TRAVEL AND EDUCATION ACCOUNT: 001-13-031-5440-00-10-000. WHEREAS, the City of Port Arthur is committed to providing professional development opportunities for its employees to ensure the effective, consistent, and lawful enforcement of municipal ordinances; and WHEREAS, the Port Arthur City Council has recently adopted several regulatory ordinances, including those governing Short-Term Rental Registration and Operation, Vacant Building Registration and Operation within the Downtown Business District, Minimum Property Standards, and Restricted Parking on Unimproved Surfaces; and WHEREAS, the successful implementation and enforcement of these ordinances requires specialized training regarding applicable provisions of the Texas Local Government Code, Texas Property Code, Texas Health and Safety Code, constitutional considerations, due process requirements, evidence collection, administrative enforcement procedures, and recognized code enforcement best practices; and WHEREAS, the Texas A&M Engineering Extension Service (TEEX), a member agency of The Texas A&M University System, is nationally recognized for providing professional code enforcement education and has proposed to provide Code Enforcement Training for up to twenty (20) City employees under the terms of a Memorandum of Agreement at a total cost not to exceed Ten Thousand One Hundred Dollars ($10,100.00); and P.R. NO. 25050 07/20/2026 PDL PAGE 2 OF 5 WHEREAS, pursuant to the Memorandum of Agreement, TEEX will provide the instructor, registration services, instructional materials, and certificates of completion, while the City will provide an appropriate training facility and classroom accommodations; and WHEREAS, funding for this training is available in the Planning Travel and Education Account No. 001-13-031-5440-00-10-000; and WHEREAS, the City Council finds that participation in this training is in the best interest of the City by enhancing staff knowledge, improving regulatory consistency, reducing legal risk, and promoting effective enforcement of recently adopted ordinances. 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. The City Manager is hereby authorized to execute a Memorandum of Agreement between the City of Port Arthur and the Texas A&M Engineering Extension Service (TEEX) for the provision of Code Enforcement Training in an amount not to exceed Ten Thousand One Hundred Dollars ($10,100.00), substantially in the form attached hereto as Exhibit "A". SECTION 3. Funding for this Agreement shall be provided from the Planning Travel and Education Account No. 001-13-031-5440-00-10-000. SECTION 4. That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council. P.R. NO. 25050 07/20/2026 PDL PAGE 3 OF 5 READ, ADOPTED, AND APPROVED on this day of July, A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES Mayor: Council members: Noes: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney P.R. NO. 25050 07/20/2026 PDL PAGE 4 OF 5 APPROVED AS TO ADMINISTRATION: Ronald "Ron" Bu on, PM, City Manager 6 /). 1\47 Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Planning and Development Services APPRO D AS TO AVAILABILITY OF FUNDS: ynd Boswell, Director of Finance /2 /1 /904,cidk Clifton Williams, CPPD, Purchasing Manager P.R. NO. 25050 07/20/2026 PDL PAGE 5 OF 5 EXHIBIT "A" TEEX Agreement#27-10280d TEXAS A&M ENGINEERING 721111ff AIWA" EXTENSION SERVICE MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("MOA") is entered into by and between City of Port Arthur, Texas, a municipality(hereinafter referred to as "Customer") and the Texas A&M Engineering Extension Service, a member of The Texas A&M University System ("A&M System") and an agency of the state of Texas (hereafter referred to as "TEEX"). TEEX and Customer are sometimes hereafter referred to as "Party" individually or"Parties" collectively. TEEX and Customer hereby agree as follows: 1. CONTRACTING PARTIES The Receiving Party: City of Port Arthur,Texas 444 Fourth Street Port Arthur,TX 77640 Tax ID Number: 74-6001885 The Performing Party: Texas A&M Engineering Extension Service P.O. Box 40006 College Station,TX 77842 or 200 Technology Way College Station,TX 77845 Customer Point of Contact TEEX Point of Contact Name: Pamela Langford Name: Jason Jackson Address: 444 Fourth Street Address: PO Box 40006 Port Arthur,TX 77640 College Station,TX 77842-4006 Phone: 409-983-8296 Phone: 979-500-6839 Email: Email: Jason.jackson@teex.tamu.edu pamela.langford@portarthurtx.gov 2. SERVICES TEEX will perform the services set forth in Attachment A, Statement of Work dated July 1, 2026, attached hereto("Services"), in accordance with the terms and subject to the conditions contained in this MOA. All or part of the Statement of Services is approved on a TEEX GSA contract: ❑ Yes ❑X No If yes above, and the customer is GSA eligible, the approved portion is a GSA sale unless otherwise noted below: The Customer has verified this is not a GSA related sale. ❑ Other: (please state the reason) 3. TERM AND TERMINATION A. This Agreement will commence on the last signature date and continues through Insert End Date (the "Term"), unless earlier terminated as provided herein. The Term of the MOA may be extended upon mutual written agreement executed by the Parties; provided that the total Term of the MOA shall not exceed five (5) years. TEEX CS15 Page 1 of 61 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEEX Agreement#27-10280d B. In the event of a breach of a material term of this Agreement by a Party,the non-defaulting Party may terminate this Agreement upon thirty (30) days' prior written notice to the other Party detailing the nature of the breach and the other Party fails to fully cure the breach within such 30-day period. C. TEEX may immediately terminate this MOA if the CUSTOMER declares bankruptcy, is placed into involuntary bankruptcy or receivership or becomes insolvent. D. TEEX may terminate this Agreement without cause upon thirty (30) days' prior written notice to CUSTOMER. E. Upon termination under this Section, CUSTOMER shall reimburse TEEX for all costs and non- cancelable commitments incurred in the performance of the Service and not yet paid for up to the date of termination. F. If this MOA is not signed by all Parties and returned to both Parties within sixty (60) days of date of the first signature below,then this MOA will be null and void and of no further effect. 4. MOA AMOUNT The total fixed-price amount of this MOA is: ten thousand one hundred dollars ($10,100.00). 5. PAYMENT TERMS A. In full consideration for the Services rendered by TEEX under this MOA, Customer shall be billed upon completion of course(s). B. Customer will make payments to TEEX within thirty(30) days of the invoice date. C. Checks shall be made payable to Texas A&M Engineering Extension Service and sent to: Texas A&M Engineering Extension Service PO Box 40006, College Station,TX 77842-4006 OR 200 Technology Way, College Station,TX 77845 D. TEEX may also elect to receive payments through electronic funds transfer method. E. TEEX is not responsible for any bank fees, wire transfer fees, etc., originating at the Customer's banking institution that are charged to the Customer for the service of providing the wire transfer of funds to TEEX. All invoices that are not paid in full will be considered a "short pay", and TEEX will take appropriate action to collect the unpaid balance. 6. COMPLIANCE WITH LAWS Each Party shall comply with all federal, state, and local laws, executive orders, rules, and regulations applicable to the performance of its obligations under this MOA. 7. EXPORT COMPLIANCE Each Party shall comply with U.S. export control regulations. If either Party desires to disclose to the other Party any information,technology, or data that is identified on any U.S. export control list,the disclosing Party shall advise the other Party at or before the time of intended disclosure and may not provide export-controlled information to the other Party without the written consent of the other Party. CUSTOMER certifies that none of its personnel participating in the activities under this Agreement is a "restricted party" as listed on the Denied Persons List, Entity List, and Unverified List TEEX CS15 (Page 2 of 6 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEEX Agreement#27-102800 (U.S. Department of Commerce), the Debarred Parties Lists (U.S. Department of State),the Specially Designated Nationals and Blocked Persons List (U.S. Department of Treasury), or any similar governmental lists. 8. INDEMNIFICATION Subject to the statutory duties of the Texas Attorney General,CUSTOMER shall indemnify,defend and hold harmless TEEX, A&M System, and their regents, employees and agents (collectively, the "A&M System Indemnitees")from and against any third-party claims,demands,damages,liabilities,expense or loss asserted against A&M System Indemnities (each, a "Claim") arising out of or related to (i) an allegation that any of the Services infringe upon, misappropriate, or otherwise violate the intellectual property rights of a third party; (ii) CUSTOMER's breach of any certification, representation, or warranty contained in this Agreement; or(iii) any acts or omissions of CUSTOMER or its employees or agents pertaining to the activities and obligations under this Agreement, except to the extent such Claim arises from an A&M System Indemnitee's gross negligence or willful misconduct. 9. DISCLAIMER OF WARRANTIES TEEX provides all Services under this MOA "as is" without any warranty or condition. CUSTOMER is solely responsible for determining the appropriateness of using the Services and assumes any risks associated with such use. TEEX provides no other warranties or conditions and disclaims any other express, implied, or statutory warranties and conditions, including warranties and conditions of quality,title, merchantability, and fitness for a particular purpose. 10. USE OF PURCHASE ORDERS To the degree that either or both of the Parties hereto find it convenient to employ their standard forms of purchase order or acknowledgment of order in administering the terms of this MOA, it or they may do so but none of the terms and conditions printed or otherwise appearing on or relating to such form, even if such language is stated to supersede any other terms,shall be applicable except to the extent that it specifies information required to be furnished by either Party hereunder. The terms proposed by any such form are specifically objected to and shall not be used as a basis for any contract. 11. INTELLECTUAL PROPERTY Copyright ownership of all training models,curriculum,and materials("work of authorship")delivered by TEEX under this MOA, whether created in the performance of this MOA or pre-existing, shall exclusively vest in TEEX. No rights are granted under such copyrights except as may be described in this MOA or stated in any training manuals or materials delivered as part of this MOA. 12. CONFLICT OF INTEREST By executing this MOA,Customer and each person signing on behalf of Customer certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization,that to the best of their knowledge and belief, no member of The Texas A&M University System or The Texas A&M University System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The Texas A&M University System, has direct or indirect financial interest in the award of this MOA, or in the services to which this MOA relates, or in any of the profits, real or potential,thereof. 13. MISCELLANEOUS TEEX CS15 Page 3 of 6 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEEX Agreement#127-102800 A. AUTHORITY TO CONTRACT. Each Party represents and warrants that it has full right, power and authority to enter into and perform its obligations under this Agreement, and that the person signing this Agreement is duly authorized to enter into this Agreement on its behalf. B. ENTIRE AGREEMENT. This Agreement, together with the exhibits hereto, constitutes the entire and only agreement between the Parties relating to the subject matter hereof and supersedes any prior understanding, written or oral agreements between the Parties, or "side deals" which are not described in this Agreement. This Agreement may be amended only by a subsequent written agreement signed by authorized representatives of both Parties. The express terms hereof control in the event of a conflict with any other documents constituting part of this Agreement. C. FORCE MAJEURE. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this MOA for failure or delay in fulfilling or performing any obligation under this MOA if and to the extent such failure or delay is caused by or results from causes beyond the affected Party's reasonable control, including, but not limited to, acts of God,strikes, riots,flood,fire, epidemics, natural disaster, embargoes,war, insurrection, terrorist acts or any other circumstances of like character; provided, however,that the affected Party has not caused such force majeure event(s),shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure, including describing the force majeure event(s) and the actions taken to minimize the impact of such event(s). D. INDEPENDENT CONTRACTOR. Notwithstanding any provision of this Agreement to the contrary, the Parties hereto are independent contractors. No employer-employee, partnership, agency, or joint venture relationship is created by this Agreement or by CUSTOMER's Service to TEEX. Except as specifically required under the terms of this Agreement, CUSTOMER (and its representatives, agents, employees and subcontractors)will not represent themselves to be an agent or representative of TEEX or the A&M System. As an independent contractor, CUSTOMER is solely responsible for all taxes,withholdings, and other statutory or contractual obligations of any sort, including but not limited to workers' compensation insurance. CUSTOMER and its employees shall observe and abide by all applicable policies, regulations, rules and procedures of TEEX and A&M System, including those applicable to conduct on its premises. E. NON-ASSIGNMENT. CUSTOMER shall neither assign its rights nor delegate its duties under this MOA without the prior written consent of TEEX. Any purported assignment in violation of this Section will be void. F. NON-WAIVER OF DEFAULTS. The failure of either Party at any time to require performance by the other Party of any provision of this Agreement will in no way affect the right to require such performance at any time thereafter nor will the waiver by either Party of a breach of any provision be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. TEEX CS15 Page 4 of 6 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEEX Agreement#27-102800 G. NOTICES.Any notice required or permitted under this Agreement must be in writing,and shall be deemed given: (i) three (3) business days after it is deposited and post-marked with the United States Postal Service, postage prepaid, certified mail, return receipt requested, (ii) the next business day after it is sent by overnight carrier, (iii) on the date sent by email transmission with electronic confirmation of receipt by the party being notified, or (iv) on the date of delivery if delivered personally. TEEX and CUSTOMER can change their respective notice address by sending to the other Party a notice of the new address. Notices should be addressed as follows: Customer Point of Contact TEEX Point of Contact Name: Pamela Langford Name: Deepak Tyagi Address: 444 Fourth Street Address: P.O. Box 40006, Port Arthur,TX 77640 College Station,TX 77845-4006 Phone: 409-983-8296 Phone: 979-500-6622 Email: Email: monty.tyagi@teex.tamu.edu pamela.langford@portarthurtx.gov H. ORGANIZATION. If CUSTOMER is a business entity, CUSTOMER warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this Agreement,and the individual executing this Agreement on behalf of CUSTOMER has been duly authorized to act for and bind CUSTOMER. Upon TEEX's request, CUSTOMER shall promptly deliver to TEEX (i) a certificate of good standing certified by the appropriate governmental officer in its jurisdiction of incorporation or organization; and (ii)a certificate of fact issued by the Texas Secretary of State. I. SEVERABILITY. In case any one or more of the provisions contained in this MOA shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this MOA shall be construed as if such invalid, illegal, and unenforceable provision had never been contained herein. The Parties agree that any alterations, additions, or deletions to the provisions of the MOA that are required by changes in federal or state law or regulations are automatically incorporated into the MOA without written amendment hereto and shall become effective on the date designated by such law or by regulation. J. SURVIVAL. Any provision of this MOA that may reasonably be interpreted as being intended by the Parties to survive the termination or expiration of this MOA will survive the termination or expiration of this MOA. K. TITLE TO EQUIPMENT. TEEX will retain title to all equipment,supplies,and other items purchased and/or fabricated with funds provided under this MOA except those expressly made part of a deliverable. L. U.S.CURRENCY. All amounts payable hereunder shall be paid in United States dollars. M. USE OF NAME. Each Party acknowledges that all rights in any trademarks, service marks,slogans, logos, designs, and other similar means of distinction associated with that Party (its "Marks"), including all goodwill pertaining to the Marks, are the sole property of that Party. Neither Party may use the Marks of the other without the advance written consent of that Party, except that each Party may use the name of the other Party in factual statements that, in context, are not TEEX CS15 (Page 5 of 6 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEEX Agreement#27-102800j misleading. The Parties will mutually agree in advance upon any public announcements, or communications to the media regarding this MOA or the Services to be provided pursuant to this MOA. 14. STATE AGENCY CLAUSES A. GOVERNING LAW. The validity of this MOA and all matters pertaining to this MOA, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties,and interpretation or construction,shall be governed and determined by the Constitution and the laws of the State of Texas. B. NON-WAIVER OF PRIVILEGES AND IMMUNITIES. TEEX is an agency of the state of Texas and under the Constitution and the laws of the state of Texas possesses certain rights and privileges, is subject to certain limitations and restrictions, and only has authority as is granted to it under the Constitution and the laws of the state of Texas.CUSTOMER expressly acknowledges that TEEX is an agency of the state of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by TEEX of its right to claim such exemptions, remedies,privileges,and immunities as may be provided by law, including the sovereign immunity of TEEX. C. PUBLIC INFORMATION ACT. CUSTOMER acknowledges that TEEX is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this MOA. D. VENUE. Pursuant to Section 85.18(b), Texas Education Code, mandatory venue for all legal proceedings against TEEX is to be in the county in which the principal office of TEEX's governing officer is located. IN WITNESS WHEREOF,the Parties have entered into this Agreement as of the Effective Date. City of Port Arthur,Texas: Texas A&M E ineering Extension Service: By: By: Utl Name: Name: Janette Hickerson Title: Title: Director Business Services Date: Date: 7/2/26 TEEX CS15 Page 6 of 6 OGC APPROVED:Feb 9,2026 CB Last Updated:May 1,2026 TEXAS A&M ENGINEERING Thmsr um July 1, 2026 EXTENSION SERVICE ATTACHMENT A TEEX Contract #27-102800 TRAINING STRATEGY TEEX ITSI will provide Code Enforcement Training for employees of the City of Port Arthur,Texas. 100% attendance is required for successful completion of the course. TRAINING FACILITY TEEX will host the training at a mutually agreed upon location. TEEX ITSI will provide a registration link, the instructor, all required instructor and student training materials. Certificates of completion will be available electronically to each student through their student portal. Customer will provide suitable classroom space equipped with multimedia capabilities, field training facilities, if applicable, and equipment adequate for the number of participants to perform all required tasks. Participants will be responsible for their own PPE. TRAINING SCHEDULE Training sessions will take place on a date and at a time mutually agreed by both parties and held on consecutive days. TRAINING COST The training cost will be ten thousand one hundred dollars ($10,100.00) for up to twenty(20) participants.