Loading...
HomeMy WebLinkAboutPR 17443: TWO YEAR AGREEMENT WITH JOHN HALL P. R. NO. 17443 12/06/2012 vrt/gt RESOLUTION NO. A RESOLUTION APPROVING A PROPOSAL FOR A TWO YEAR 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 NOT TO EXCEED AMOUNT OF $114,000 ANNUALLY, WITH A TOTAL CONTRACT AMOUNT OF $228,000. 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 s. pr17443 1 WHEREAS, the current contract expired on September 30, 2012; and WHEREAS, John Hall Public Affairs is requesting a new two year contract: WHEREAS, attached as Exhibit "A" is a proposed Scope of Work; and WHEREAS, attached as Exhibit "B" is the proposed Compensation for John Hall Public Affairs at a fee of $7,500 per month, plus reimbursements for actual expenses up to $2,000 per month; and WHEREAS, attached as Exhibit "C" is a proposal for work to be performed on Supplemental Environmental Projects in which JHPA will receive a payment of 10% of the SEP funds that are provide to the City of Port Arthur through the EPA; and WHEREAS, $60,000 has been budgeted for FY2012/2013; therefore, any financial obligations exceeding this amount will require a budget amendment. 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 Council approves of the contract proposal as delineated in Exhibits "A -C" for the provision of environmental and housing consulting services. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. s.pr17443 2 READ, ADOPTED, AND APPROVED, this day of December, 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: Mayor ATTEST: City Secretary APPROVED AS TO FORM: Va/eh-/—, City Attor APPROVED FOR ADMINISTRATION: City Manager s.pr17443 3 Exhibit A: Scope of Work John Hall Public Affairs (JHPA) will provide the City of Port Arthur professional and consulting services for the two year period beginning December 1, 2012 — December 31, 2014 as outlined below: 1. Assist the City Manager and staff in developing and implementing a fair housing plan and strategy that meets federal requirements, which also results in those homeowners who receive hurricane recovery funds to have the option to reconstruct their houses in Port Arthur; 2. 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 to obtain 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; 3. Work with the SETRPC to secure disaster housing funds to support the repair and/or the reconstruction of 350 -450 housing units of Port Arthur homeowners by December 31, 2014; 4. Assist the City Manager and staff in developing and carrying out an outreach effort to persuade homeowners in Port Arthur who receive hurricane recovery funds to reconstruct their houses on lots that would be provided by the City of Port Arthur, particularly in those instances when they are unable to rebuild their homes on their existing lots, and/or for fair housing purposes. This outreach effort will include information on the lot exchange program the City will establish and any waiver requests affected homeowners may be required to seek from the State of Texas and /or HUD for the purpose of reconstructing their houses in the City of Port Arthur. Additionally, this effort will assist hurricane recovery fund applicants to resolve delinquent tax issues that may exist, and help to effectively address various other hurdles that may need to be resolved in order to qualify for Round II Ike funds to reconstruct their houses in Port Arthur; 5. Provide strategic assistance and support to the City Manager and his staff to help assure that the disaster housing assistance received by homeowners and the PAHA contribute to efforts to revitalize the City's neighborhoods, with the goal of creating 4 -6 new subdivisions; 6. Finalize a plan and strategy to develop and implement Leadership Port Arthur by January 1, 2014, including a cooperative funding plan for this initiative; 7. Complete various other projects as directed by the City Manager relative to housing issues regarding Round II of Hurricane Ike funding; 8. Support implementation of the Port Arthur Industrial Group's (PAIG) craft trade job initiative to facilitate the placement of up to 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 trades jobs over the next ten years and beyond; and 1 9. Assist the City of Port Arthur in developing and obtaining funds through several Supplemental Environmental Projects (SEPs) to secure up $10.0 -11.0 million over the next 4 -5 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 facilities and operations of the City of Port Arthur and the houses of senior citizens and lower income families, and the replacement of some 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 (EPA) and oil refining, petrochemical and other companies. To the greatest extent possible, incorporate a job training and placement effort into each approved SEP. Additionally, assist the City Manager in developing an implementation plan for each SEP that meets the approval of the EPA. The list of proposed SEPs that JHPA will assist the City of Port Arthur in obtaining EPA approval for, along with subsequent funding, are outlined and described in Exhibit C. JHPA shall also develop and submit to the EPA any other SEP proposal° '- directed to by the Port Arthur City Council and/or the City Manager. JHPA shall carry . "it an effective advocacy strategy for the purpose of securing SEP funds through the EPA for these additional SEP proposals; 2 Exhibit B: The City of Port Arthur's Contractual Compensation Commitment To John Hall Public Affairs for Professional and Consulting Services John Hall Public Affairs, Inc. (JHPA) shall be compensated by the City of Port Arthur from its revenues, as outlined below, for the professional and consulting services that it provides the City of Port Arthur from December 1, 2012 - December 31, 2014: 1. A flat fee of $7,500 per month, plus reimbursements for actual expenses up to $2,000 per month for all work items contained in the Scope of Work, Exhibit A, except for work element No. 9 of the Scope of Work, Exhibit A, regarding Supplemental Environmental Projects 2. Supplemental Environmental Projects The City of Port Arthur SEPs, that JHPA shall seek funding for through the Environmental Protection Agency (EPA), are described in Exhibit C. The City of Port Arthur may direct JHPA to develop and submit to the EPA additional SEPs for approval and funding. The duration of each SEP project is approximately five years. With regard to the SEPs outlined in Exhibit C and any other SEP proposals that the City may direct JHPA to develop and submit to the EPA, JHPA shall receive payments from the City of Port Arthur that is equivalent to exactly 10% of the SEP funds that are provided to the City of Port Arthur through the EPA. These payments shall be made within 30 days after the EPA finalizes Enforcement Orders containing funding for any of the SEPs outlined in Exhibit C and any additional SEP proposals the City of Port Arthur may direct JHPA to develop and submit to the EPA. The City of Port Arthur shall process and pay these invoices within 30 days after their submittal by JHPA. Additionally, and notwithstanding the two year term of this contract, JHPA shall be fully compensated by the City of Port Arthur for any SEP funding the City receives through the EPA regarding the SEP proposals described in Exhibit C and any other SEP proposals the City may direct JHPA to develop and submit to the EPA during the term of this contract, even if funding for these SEPs are received after December 31, 2014; • 3 Exhibit C: SEPs to Support Implementation of the Port Arthur EJ Initiative The City of Port Arthur, in cooperation with the Environmental Protection Agency (EPA), has developed a comprehensive and effective Environmental Justice (EJ) Initiative that is having a strategic and significant impact in improving the quality of life of Port Arthur's 53,000 residents. Port Arthur is a diverse city where racial minorities account for 80% of the population. The incidence of poverty is almost 25 %. The petrochemical and refining sectors also have a significant presence in Port Arthur. The proximity of several of these facilities to the adjacent Westside Neighborhood, which is primarily low income and minority, are the key variables that moved the EPA in 2009 to designate this city as one of ten EJ Showcase Communities in the United States. In response to this designation, Port Arthur's Mayor and City Council made the decision in November, 2010 to develop and implement a comprehensive strategy to ensure that the Showcase Communities' designation would be a positive development that would move the City forward. The Mayor and City Council brought together almost 100 citizens and leaders from 40 different organizations and stakeholder groups in January 2011 to formulate Port Arthur's EJ Initiative. These citizens and leaders worked through six balanced and representative workgroups to build this effort through a consensus decision process around six goals, which are to: • Improve the City's environmental quality through additional emission reductions and various other environmental improvements; • Facilitate the revitalization of Port Arthur's neighborhoods and the Downtown area; • Improve housing opportunities; • Develop and implement a set of strategies to effectively address the City's unemployment challenges; • Enhance the accessibility and affordability of health care services; and • Expand energy efficiency efforts in the City of Port Arthur in its facilities and the houses of homeowners in the City. The community leaders also developed approximately 25 projects to ensure that genuine progress would be made regarding each of these goals, including the development of a strategy to maximize the use of Supplemental Environmental Projects (SEPs) to help facilitate several key outcomes included in the Initiative. The City of Port Arthur is moving forward to carry out this recommendation. More precisely, the City of Port Arthur hereby submits four SEP proposals to the EPA for review and approval. The City also is taking steps to ensure PAIG Companies' fully support these proposals. The four SEP proposals are: 1. The Energy Efficiency SEP, 2. The Carver Terrace Buffer Zone SEP, 3. The Port Arthur Downtown Brownsfield SEP, and 4 4. The Diesel Vehicle Replacement SEP. These SEP proposals also will be submitted to the Texas Commission on Environmental Quality for review and approval. A description of each of these proposals is provided below. The Energy Efficiency SEP A high proportion of Port Arthur residents have very low incomes, as evidenced by the fact that the incidence of poverty is almost 25 %. Because of this fact, rising utility bills are a major challenge. In an effort to address this concern, the Port Arthur Industrial Group (PAIG) worked with community stakeholders five years ago to persuade the Texas Commission on Environmental Quality (TCEQ) to approve an energy efficiency SEP. That SEP, the Lighthouse Project, has financed the installation of energy efficiency improvements in 140 houses. While this is an impressive result, the waiting list for the program now exceeds 500 households. The City of Port Arthur is proposing an EPA SEP on this issue to help address the genuine need for energy efficiency services in this city, particularly among senior citizens and low income households. The City of Port Arthur shall also have the discretion to use up to 60% of the funds provided under this SEP to finance energy efficiency improvements in City facilitates and operations. The recommended budget for this proposed SEP is $3.0 million. The City of Port Arthur will develop and submit a detailed plan to the EPA to carry out this SEP, once initial funding is received. Homeowners who would be eligible to obtain energy efficiency assistance under the Port Arthur Energy Efficiency SEP with regard to the SEP funds that are used for this purpose are: • Homeowners who own homes within the city limits of Port Arthur who have resided in the home designated for assistance over the previous twelve months; and • Homeowners whose income does not exceed 80% of the average medium income for the Beaumont -Port Arthur Metropolitan Statistical Area. Priority will be given to homeowners who live in the Westside Neighborhood, although the City retains the discretion to complete energy efficiency improvements in other areas of the City based upon the economic circumstances of the applicants requesting assistance. The Carver Terrace Buffer Zone SEP The Carver Terrace Public Housing Complex houses 204 families which include more than 1,000 individuals. It is located in proximity to two large refineries and several chemical plants. The replacement of this public housing facility is a priority of the Port Arthur EJ Initiative. The Southeast Texas Regional Planning Commission has notified the City of Port Arthur and the Port Arthur Housing Authority (PAHA) that it will provide the latter $20.5 million over the next year to ensure the replacement of the Carver Terrace Public Housing Complex. The 5 PAHA is finalizing plans to construct the replacement housing in areas of the City that are several miles from the City's petrochemical facilities. The City of Port Arthur, the PAIG Companies, neighborhood and EJ Advocates, and various other community stakeholders support the conversion of the 7.0 acres of land that Carver Terrace is currently located on to a green space buffer zone. Under state law, the PAHA is prohibited from donating this land to any entity or person. The housing structures on the property also must be demolished before it can be converted to green space. The Carver Terrace Buffer Zone SEP is being proposed to address these issues. Its proposed budget is $2.0 million. These funds will be used to finance the following activities: • The purchase of the 7.0 acres of land for approximately $425,000, in accordance with the requirements of the Department of Housing and Urban Development; • The demolition of the housing complex, which is estimated to cost $550,000; and • The development and implementation of a green space plan which will involve sustainable development features, which is estimated to cost $1.0 million. The Carver Terrace Buffer Zone SEP will be designed to include a job training and placement component. The Downtown Brownsfield SEP The Downtown area of the City of Port Arthur has experienced significant decline over the past 25 years. Historically, Procter Street was the central core of the Downtown area. Today, it is lined with vacant and abandoned buildings, although a few buildings have been renovated over the past two years. The City of Port Arthur and the Port Arthur Economic. Development Corporation are jointly developing a plan to carry out several catalytic redevelopment projects in and around Procter Street over the next 3 -5 years. The existence of asbestos and various other contaminants in most of the abandoned and vacant buildings in the Downtown area is a key impediment to redevelopment efforts. In light of this fact, the City of Port Arthur is proposing the Downtown Brownsfield SEP. Its recommended budget is $3.5 million. These funds will be used to complete several activities, which are: • The completion of comprehensive assessments in 5 -7 buildings which encompass 150,000- 200,000 square feet of office space; • The development of the required remediation plans to remove the asbestos and various other pollutants that exist in these buildings; and • Implementation of the remediation plan for each building. The Downtown Brownsfield SEP also would include a job planning and placement component. 6 The Diesel Vehicle Replacement SEP Emission reductions across various economic sectors is a key plank of the Port Arthur EJ Initiative. PAIG Companies have developed a Sustainable Development Plan which includes almost 50 emission reduction projects which will decrease various pollutants in the industrial sector by 1.1 million tons per year. The best opportunity for the City of Port Arthur to reduce emissions in its operations is to replace its aging, heavy duty diesel vehicles. The emissions from new diesel heavy duty vehicles generate 50 -75% less emissions than the City's aging fleet. The implementation of this strategy is critically important since street and garbage collection vehicles operate in the City's neighborhoods on a daily basis. Diesel emissions, of course, include harmful carcinogenic compounds. The SEP proposals discussed above will facilitate achievement of several key outcomes contained in the Port Arthur EJ Initiative, which are: • The installation of energy efficiency improvements in 500 -700 houses of senior citizens and lower income homeowners; • The creation of an industrial greenbelt in the Westside Neighborhood; • An effective strategy to address the City's significant unemployment challenges; • Revitalization of the City's Downtown area; and • Emission reductions, particularly in the City's diesel vehicle fleet. 7