HomeMy WebLinkAboutPR 17361: AGREEMENT WITH JOHN HALL P. R. NO. 17361
10/26/2012 vrt/gt
RESOLUTION NO.
A RESOLUTION APPROVING A TWELVE (12) MONTH
PROFESSIONAL SERVICES AGREEMENT WITH JOHN
HALL PUBLIC AFFAIRS FOR THE CONTINUED WORK
ON THE CITY'S ENVIRONMENTAL JUSTICE PLAN
AND OTHER RELATED ENVIRONMENTAL AND
HOUSING PROJECTS IN THE AMOUNT NOT TO
EXCEED $72,000 PLUS ACTUAL TRAVEL EXPENSES
NOT TO EXCEED $24,000; FUNDING AVAILABLE IN
ACCOUNT NO. 001 -1003- 512.59 -00
WHEREAS, during the 2010 Environmental Justice Summit held in
conjunction with Region 6 of the Environmental Protection Agency (EPA), it was
determined that the City of Port Arthur required a Comprehensive
Environmental Justice Plan; and
WHEREAS, the City found it necessary enter into a Professional Services
Agreement with John Hall Public Affairs for the provision of environmental
consulting services to assist in meeting the EPA's deadline for the
implementation of the City's Environmental Justice Plan and any necessary
follow -up; and �!
WHEREAS, said agreement was approved by Council Resolution 11 -043
and expired September 30, 2011; and
WHEREAS, per Resolution No. 11 -422 the City entered into a twelve (12)
month contract with John Hall Public Affairs to continue work with the
Environmental Justice Workgroups, seeking and applying for opportunities
with federal and state agencies, including assistance with such projects as well
the Community Challenge Grant, Ike Recovery projects, and Supplemental
Environmental Projects; and
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WHEREAS, the current contract expired on September 30, 2012; and
WHEREAS, John Hall Public Affairs has submitted a proposal for a new
contract covering the term of October 30, 2012 through October 29, 2013 in
the amount not to exceed $72,000 ($6,000 per month) plus actual travel
expenses incurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. The facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to execute a
twelve (12) month Professional Services Agreement with John Hall Public
Affairs on behalf of the City of Port Arthur for the provision of environmental
and housing consulting services, in substantially the same form as Exhibit "A ".
Section 3. That a copy of the caption of this Resolution shall be spread
upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of October, 2012 AD,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
Mayor:
Councilmembers:
NOES: •
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Mayor
ATTEST:
City Secretary
APPROVED AS 0 FORM:
City Attor
APPROVED FOR ADMINISTRATION:
City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
Director of Finance
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Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement ") is made and
entered into on this day of October, 2012, by and between the City of Port Arthur,
Texas, a political subdivision of the State of Texas, hereinafter referred to as "City," and John
Hall Public Affairs, a Texas Corporation herein referred to as "Consultant," in consideration of
the following:
1. SERVICES
1.1. Purpose. During the 2010 Environmental Justice Summit, Region 6 of the Environmental
Protection Agency (EPA) identified that the City of Port Arthur required a Comprehensive
Environmental Justice Plan (the "Plan"). Six important issue areas were identified to assure the
effective implementation of a plan and gathering of stakeholders for the submission of projects to
the EPA. The purpose of this Agreement is to provide a joint effort between the City and
Consultant to insure the implementation deadline of the Plan is met to address the critical needs
of the citizens of Port Arthur. The Consultant will also assist with Housing issues related to the
implementation of Round II of Hurricane Ike funding.
1.2. Professional Consulting. City hereby engages Consultant to provide professional
consulting services related to the implementation of said Plan and the duties delineated in Exhibit
"A ". The Consultant shall utilize John L. Hall as the primary consultant for the provision of
services.
Any change to the Agreement requires the approval of the City. The resume of John L. Hall and
the summary of accomplishments are attached as Exhibit "B ", delineating his experience in
providing professional environmental consulting services.
1.3. Monthly Services. Consultant shall provide the contracted services for $72,000, for a twelve
(12) month period plus actual expenses not to exceed $2,000 per month. Consultant will invoice
the City for actual expenses by providing a detailed expense report and applicable receipts.
1.4. Performance. Consultant will deliver the items listed in the Scope of Work listed below,
which will result in the effective implementation of the Plan and for the provision of services
delineated in Exhibit "A."
Consultant shall perform the above listed Scope of Work with the expertise as is expected in the
industry providing these types of services. Consultant shall report to and direct all inquiries to the
City Manager.
Consultant shall not represent other clients involving the Plan or its projects.
1.5. Documentation. Consultant shall document the services rendered in a detailed monthly
report. Each report shall outline the progress of each item listed in the scope of work. This shall
include the documentation reviewed and the persons contacted. A summary thereof will be
provided in the invoices. Consultant shall provide these records and monthly reports to the City
on a monthly basis.
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1.6. Indemnification. Consultant shall comply with the requirements of all applicable laws, rules
and regulations, including Section 305.022 Government Code, and shall exonerate, indemnify,
and hold harmless the City and its employees therefrom.
2. CONSIDERATION
2.1. Payment for Services. City will pay to Consultant a monthly retainer fee of $6,000 plus
actual travel expenses not to exceed $2,000 beginning October 30, 2012.
2.2. Reimbursable Costs. City shall reimburse Consultant all costs in connection with the
services rendered. Reimbursable Costs include, but are not limited to, subcontractors that are
approved by the City, long distance telephone calls, copies, delivery and similar costs (without a
markup) that are attributable to a project or service (the "Reimbursable Costs "). The Consultant
shall provide City substantiation of Reimbursable Costs incurred when available and upon
request.
2.3. Invoicing. Consultant will submit invoices monthly for Reimbursable Costs for payment by
City. Payment is due within thirty days upon receipt of invoice. If City disputes any portion of an
invoice, City will notify Consultant within fifteen (15) calendar days of receipt of invoice by
City, and if no such notification is given, the invoice will be deemed valid. Any portion of City's
invoice that is not in dispute shall be paid upon receipt.
3. TERM
The term of this Agreement shall be for period beginning October 30, 2012 until October 29,
2013 unless sooner terminated as herein provided.
4. TERMINATION
Either party may terminate this Agreement for any reason at any time during the term by written
notice directed to the other party and given seven (7) days in advance of the termination date. If
the notice of termination is given in the middle of the month, the fees will be prorated for that
month.
5. INDEPENDENT CONTRACTOR
Consultant shall be an independent contractor of City and not an employee of City. City is
interested solely in the results to be obtained from Consultant's services; however, no specific or
general results have been promised. City shall not withhold or in any way be responsible for the
payment of any federal, state or local income taxes, occupation taxes, FICA taxes,
unemployment compensation, workmen's compensation contribution, vacation pay, sick leave,
retirement benefits, or any other payments for or on behalf of Consultant or any of Consultant's
employees. All such payment, withholdings and benefits are the responsibility of Consultant, and
Consultant shall indemnify City against and hold it harmless from any and all loss or liability
arising with respect to such payments, withholdings or benefits. Consultant shall not be
considered an employee of City for any purpose whatsoever.
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6. DISPUTE RESOLUTION.
Any issue, controversy, dispute, or claim arising out of or relating to this Agreement, the services
of Consultant or any of the deliverables, or the alleged breach of this Agreement, or arising out
of the Consultant's services shall be resolved exclusively by final and binding arbitration in Port
Arthur, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration
Association ( "AAA "), and judgment on the award rendered by the arbitrator may be entered by
any court having jurisdiction thereof.
The arbitrator shall be selected by mutual agreement of the parties, if possible. If the parties fail
to reach agreement upon appointment of an arbitrator within ten (10) calendar days following
receipt by one party of the other party's notice of desire to arbitrate, the arbitrator shall be
selected from a list or lists of persons submitted by the AAA. The selection process shall be that
which is set forth in the AAA Commercial Arbitration Rules then prevailing. If an arbitrator has
not been selected following submission of three or more lists by the AAA, either party may
declare the existence of an impasse by giving written notice to the other; in that event, the
arbitrator shall be selected by the AAA.
Upon the motion of either party, and for good cause shown, the arbitrator may make any order
which justice requires to protect a party from the disclosure of proprietary, privileged or
confidential business information, including orders (1) that depositions or hearings be conducted
with no one present except persons designated by the arbitrator, and (2) that depositions,
exhibits, other documents filed with the arbitrator or transcripts of the hearing be sealed and not
be disclosed except as specified by the arbitrator. Any discovery, if any is necessary, as
determined by the arbitrator under the applicable AAA rules, shall be conducted pursuant to the
provisions of the then prevailing Texas Rules of Civil Procedure.
7. 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: John L. Hall
P. O. Box 91463
Austin, Texas 78709 -4163
512- 413 -4134
jhallpa@aol.com
Notices to City: Floyd T. Johnson, City Manager
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
409 - 982 -6743 (facsimile)
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8. GENERAL PROVISIONS
8.1 Entire Agreement and Amendments. This Agreement (including any exhibits hereto)
contains the entire agreement between the parties and no oral statements or prior written matter
not specifically incorporated herein shall be of any force and effect. No variation, modification
or changes in the Agreement shall be binding on either party hereto unless set forth in a written
document executed by all parties or a duly authorized agent, officer or representative thereof.
8.2 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.
8.3 Governing Law, Severability. This Agreement shall be governed by the laws of the State
of Texas, and venue of any claim or dispute hereunder shall be in the courts of competent
jurisdiction in Jefferson County, Texas. The invalidity or unenforceability of any provision of the
Agreement shall not affect the validity or enforceability of any other provision.
8.4 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.
8.5 Drafting. The parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto. It is agreed that all parties have closely read
this Agreement and that all requirements of conspicuousness are agreed satisfied or are waived.
WHEREFORE, the parties have executed this Agreement on this the day of
, 2012.
CITY:
By: Floyd T. Johnson, City Manager
CONSULTANT:
By: John L. Hall
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EXHIBIT "A"
TO THE CONTRACT
JOHN HALL PUBLIC AFFAIRS
Problem Solving Consultants
October 25, 2012
TO: Mayor Prince
Council Members
City Manager Johnson
FROM: John Hall
SUBJECT: John Hall Public Affairs' Key Accomplishments Over The Past Year and the
Proposed Scope of Work Going Forward
I sincerely appreciate the opportunity you have provided me to assist the City of Port Arthur on various
policy issues over the past year. The concrete outcomes that I provided significant assistance in
completing during this period are:
• Coordinated and finalized negotiations with the EPA that resulted in $1.0 million in SEP funds
being provided by Valero to finance the construction of a health clinic in the Westside
Neighborhood;
• Developed and carried out an advocacy plan with the Economic Development Administration
which resulted in the receipt of a $1.0 million grant to support construction of a manufacturing
facility in Port Arthur, by Climate Controlled Containers, where the lion share of jobs will be
directed to Port Arthur residents;
• Coordinated an advocacy effort with the Department of Housing and Urban Development, the
Texas General Land Office and the Southeast Texas Regional Planning Commission (SETRPC) that
led these entities to earmark $20.5 million to finance replacement of the Carver Terrace Public
Housing Complex;
• Worked with the SETRPC to develop an outreach strategy that is aimed at qualifying 350 -450
Port Arthur homeowners for hurricane recovery funds to replace or repair their houses, which
could bring to Port Arthur an additional $40 -50 million for housing improvements over the next
two years;
• Has carried out an advocacy effort which has resulted in the EPA's conceptual approval of four
new SEPs for the City of Port Arthur. We are seeking to obtain approximately $11.0 million over
the next 2 -3 years through these SEPs. They will facilitate several key outcomes: the installation
of energy efficiency improvements in 300 -500 houses, conversion of the 7.0 acres that Carver
Terrace is currently located on to green space, the remediation of several office buildings in the
Downtown area, and the replacement of the City's heavy duty diesel vehicles;
• Worked with PAIG Companies to develop a craft trades job training and placement initiative for
implementation in 2013 -2014, with the goal of placing 200 Port Arthur residents in job and
careers in this sector over the next two years and even more over the long term;
P.O. Box 91463 AUSTIN, TX 78709 - 1463
Mayor Prince
Council Members
City Manager Johnson
Page 2
October 25, 2012
• Assisted PAIG Companies to develop their Sustainable Development Plan which will reduce
pollutants by 1.2 million tons per year over a six year period. These companies are investing
$749 million to achieve these significant emission reductions.
The scope of work that I have developed with City Manager Johnson for the proposed next contract
period is attached for your review and information.
I hope you will afford me the opportunity to continue to assist the City of Port Arthur as outlined in the
scope of work.
Attachment
JOHN HALL PUBLIC AFFAIRS
Problem Solving Consultants
JHPA's Proposed Scope of Work
John Hall Public Affairs (JHPA) proposes to provide the City of Port Arthur professional services
for the next two years (October 30, 2012 — October 29, 2013), as outlined below:
1. Work closely with the Southeast Texas Regional Planning Commission (SETRPC) and its
Contractors to assure the implementation of an effective outreach initiative in the City of Port
Arthur for the purpose of assisting qualifying homeowners in obtaining disaster housing
assistance, with regard to Round II of Hurricane Ike funding, consistent with available revenues.
This effort will be financed by SETRPC. Port Arthur residents (5 -6) will be engaged to conduct
the outreach activities. The funds previously authorized by the Mayor and City Council for this
purpose will not be used;
2. Work with the SETRPC on behalf of the City to secure disaster housing funds to support the
construction of 450 new housing units for qualified Port Arthur Homeowners within the City of
Port Arthur by December 31, 2014;
3. Provide strategic assistance and support to the City Manager and his staff to help assure that the
disaster housing assistance received by homeowners contribute to efforts to revitalize the City's
neighborhoods, with the goal of creating 2 -3 new subdivisions (one in the Westside
Neighborhood and the remainder in areas east of Houston Ave.);
4. Assist the City of Port Arthur in developing several Supplemental Environmental Projects (SEPs)
to secure up $10.0 -11.0 million over the next two- three years to facilitate redevelopment efforts
in Downtown Port Arthur, the creation of industrial buffer zones in the Westside Neighborhood,
the installation of energy efficiency improvements in the homes of senior citizens and lower
income families, and the replacement of the City's heavy duty diesel fueled vehicles. Carry out
an effective advocacy strategy to assure the approval of the proposed SEPs by the Environmental
Protection Agency and the Texas Commission on Environmental Quality. To the greatest extent
possible, incorporate a job training and placement effort into each approved SEP;
5. Support implementation of the Port Arthur Industrial Group's (PAIG) craft jobs initiative to
facilitate the placement of 200 Port Arthur residents in jobs and careers in the industrial sector in
2013 and 2014. Work with the City of Port Arthur, the Port Arthur Economic Development
Corporation, the PAIG and its Service Contractors, Lamar State College and various private
training organizations to achieve this outcome. Assist the PAIG in institutionalizing this project
to assure the placement of even more Port Arthur residents in craft trade jobs over the next ten
years and beyond;
6. Finalize a plan and strategy to develop and implement Leadership Port Arthur, including a
cooperative funding plan for this initiative; and
Complete various other projects and assignments as directed by the City
P.O. Box 91463 AUSTIN, TX 78709 -1463
EXHIBIT "B"
TO THE CONTRACT
• A •
•
John L. Hall
P.
Austin, Texas 78709.4163
(51 2) 413.4134
j *oI c m
PROFESSIONAL EXPERIENCE
Praldentand Lead Consultant of john Hall 0. boot Publi c Alifaira
• Founded mddncted 8n consulting efforts d successful small caipmy from 1985 to the present with regard to erwnorrnetal,
walsr and energy Issues. The key food areas of the coneding assistance that has end is bong provided to dials an:
• Ambiance tc the City of tiouitcn InclaelopIng and forging stategles and app osdhes to assure Armen! cf the orm hour
amore standard and suppodfor dsvatopmentof an attainment SIP for the fight hour ozone standatt and more effective
ngdation d sir toodce in the area ;
• Savedas Exscu ve Orator of the Texas Ernlronmentel Research Cormorant tom 2002 b 2008, and led the aperrizeticnlo
oompkte a series of airaiuditystudies witch dominated attainment of ozone standards in the Notion area also re
rrryorrr b:Aorta in Hghiy ReadWS VON from the psh charmed industry, perloulaty Moe omitted during west events.
Coordnatedthe compblion limier etudes h the DFW area which facilitated NOx radiations beyond that aroe to slain ozone
slenderda;
• Organized and mewed a Was of broad based staludidder proups over the past tan years relative tom*orcommercial and
industrial daelcpmentpleats filohconsisterrly resulted in declaims by project spawn tomcod sarlioable Nara and
*NW requirernerhls as projects were dmvelopart and
• Assisted loot goverment' and Ovate companies in dsveioping strategies and spproeohesto cars* with state and federal
requirements relative to arquelty, water shrpply and quality, waste manegemeripoilulon dean ups and remedai cn issues.
Chairman of the Agency
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Austin, Texas,, Msy 1991 -July 14, 1995
(Farnsdy the Term Water commission and the Texass Air Control Board)
• Directed the Stele a Texas' pdmary enhlrnrrnental management agency with enamel budget x$960 mi lion and • staff of
3100 with responsibility* implemer ing stab and federal requlrernente relating belt gwtly, wisr gu lty, water supply, water
rata, drWdng water standards, hawdoua and radoective wastes, munidpst said waste, *der Amos larks, supsrhmd
cMwlupe, pdhtion prevention and ncyeing.
Maaa000mplehrnehtc
• wM implernented al a the State's regulatory programs, including dgnlloantpoicy end program angora;
• Timely implementation of the Federal Clean Air Aot of 1990 vrllh significant support frombusireseee and dNiuns;
• Elimination of el permit beatings and seaman that the 5,000 business penis issued arch yew were finalized In half the
time taken in the past
• Ma or 0 reductions , at added water to Ore eht ( e n ver
o 31/2 years) ins balanced fashion and during a time when
• 11* most aggressive voluntary Mad pollution reduction program In the nation, Result 30 millon ton raduoyon In
hazardous waste and a 300 milion pound raducton In toxins;
• trrplemurtaton of a camprehsneve sal d rearing programs;
• Sbeamined agency cpentions to provide businesses and load governments Asdolelty and pndcte 411y
• Irtgoved relation' amag the TNRCC, Federal Nodes, the Taxaa Lregislskre,, local pod enun nt businesses aid
suffers;
• Faoittald resolution d the Edwards Aquifer issues;
• Successfully Orbited the Agency s legislative effort*
•
1 f
Resume of John L Nee
Page 3 of 14
Senior Director olthe Conservatlon and Environmental Quality Divisions
THE LOWER COLORADO RIVER AUTHORITY, Austin, Texas, Jury 1, 19139 - May 1991
• Conducted a oa rershe eve whew d both dvIsions initially, wf,icdh resulted In Ow assenting d a new, talented and drams
mrtagemsrl team act development d e set d concrete aolon.odenedcorserwl&snd smite hmmnW programs;
• Developed arnd Mated a comprehend plan to Impmovs the water quality of lhelictiland lakes and the Cdoredo River,
• Mined Board approval and Mated a project thatt reduced aprhiturai water um In LCRA's dstcbt by 60,000 acre het •year
by 198
• Latdfoundrdion to build a 300 megawatt coreervalon power plant by 2000, which wee equtvaent to 16% of LCRA's electrical
niqulrements by that time;
• Directed alone to ensure ccmplience with al federal, state, and local ernrlronmenlal requirements by LCRA's powerplants and
We
• Obtained LCRA Board approval of the take Travis Non-Pbint Sane Pollution Control Obnence --the flint such ordnance bya
river aulhodty In Texas;
• Developed blueprint for the City of Awln to stbetantialy WAS the polu4on itdischarged Into the Colorado River,
• SpeerMsdsd and coordinated dam asionn and negotiations with the City of tot li:ea oonwrehanaivs Interlacal
apemen; ngerdn9water management issues. Tile agreement resulted in a 75% reduollon In the amour* of pollution Amin
would hew put Into the river over the next 20 yeas. The major provisions of the agreement were:
• Austin's TIC wattmeterpemhitswould be amended lo 61512 - the best In Ike stets for a major dry;
• Development d • program to reduce water wage by 10%;
• Eatab9afrmsntof a permanent hams denial cd cation center;
• A comprehrsiw non.pointpolution control program;
• Canhpetio n of wi araeermsnt d the Colorado River below Austin over the rad 24 months to Dearly demonstrate the
same water qualtylmpects d toodoe, nutrients, and phosphorus;
• Legislation to*, the use of phosphate detergents In the LORA statutory ddriet
• Joint LCRNAusin p,61b educatoneffort on water quelity and ester oor>semvation.
Senior Deputy Commissioner
TEXAS GENERAL LAND OFFICE, Austin, Tens, 198T - June, 1990
• Coordinated d policy decisions, programs, and cperattons of the agency.
Key Ares of responsiblkty included
• Coordnated the Agency's environmental inttlea es, Including the beech dean-up program end the natural gas/clean air
Mork
• Manegomerd d 14 million acres of stall land for minerals and convnerdsl d Weems,*
• Assisted In the Implementation of the 51.5 billion Veterans Land Board pc ttolo for the end housing, and hems
Improvement programs:
• Coordnaed legislative requsets and Inquiries;
• Directed key support activities inducing personnel and training, butting, sting, date goosing end accounting.
1 •� / � •
• • Andyxsd buelhass Investment pathos In Houston,
• Waked Oh the Cityd Houston's Economic Oevelowent Steft to secure kill old for the citys *armed nel0ltcrfoode.
EDUCATION
Masters of Public Affairs,
The Lyndon Baines Johnson School of Public Affairs
Aug* Texas, t916 —1078
Bachelors of Arts,
San HouMcn state tJMvenity
Hobbit's, Toss, 1972 —1075
PERSONAL
Meat Wu * Marrled Wife, May CMldnn: Jsoque9ne, Ashley, Achieve, Jordon
REFERENCES AVAILABLE UPON REQUEST