june 6 jackson city council agenda packet

8/15/2019 June 6 Jackson City Council Agenda Packet

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BarrettSimon t a m p s _Hendrix_ r i e s t e r _Foote

RULES COMMITTEE MEETING

Monday, June 6 201610:00 AMAGENDA

1 ORDINANCE OF THE CITY COUNCIL OF JACKSON, MISSISSIPPI AMENDINGCHAPTER 86- OFFENSES AND MISCELLANEOUS PROVISIONS TO CREATE ANEW ARTICLE ENTITLED UNLAWFUL DISCRIMINATION. HENDRIX)

2 BREIFING: CONSENT DECREE HENDRIX)

3 ORDER AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH AECOMTECHNICAL SERVICES, INC. FOR PROGRAM MANAGEMENT SERVICES FOR THEWASTEWATER CONSENT DECREE ALL WARDS). POWELL, YARBER)

REPORTS FROM MEMBERS, MAYOR OR DEPARTMENT DIRECTORSANNOUNCEMENTS

ADJOURNMENT


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ORDINANCE OF THE CITY COUNCIL OF JACKSON MISSISSIPPIAMENDING CHAPTER 86- OFFENSES AND MISCELLANEOUS PROVISIONSTO CREATE A NEW ARTICLE ENTITLED UNLAWFULD1SCRIMINA T10N.

WHEREAS it is the purpose and intent of the City Council of Jackson, Mississippi to protect

and safeguard the right and opportuni ty of all persons to be free from all forms of discrimination,including discrimination based on real or perceived race, color, religion, national origin, sex, sexualorientation, gender identity, age, disability, marital status, familial status, or veteran status; and

WHEREAS the City Council of Jackson, Mississippi s purpose of enacting this ordinance is topromote the public health and welfare of all persons who live and work in the City of Jackson;

WHEREAS the City Council of Jackson, Mississippi deems it essential to ensure that allpersons within the City have equal access to employment, housing, and public accommodations.

IS THEREFORE ORDERED the following shall take effect upon passage:

Section I: Th e Municipal Code of the Cit) of Jackson, Mississippi is hereby amended to create auew Article IX under Chapter 86 eutitled Unlawful Discrimination to read as follows:

Sec. 86-226. - Definitions. For the pw-poses of this ordinance, the following terms shall have thefollowing meanings:

I. Age means an individual s status as having obtained forty or more years of age.

City Contractor means any person, corporation, or entity that has a contract to do business withthe City of Jackson.

3 Discriminate, Discrimination, or Discriminatory means any act, policy or practice that,regardless of intent, has the effect of subjecting any person to differential treatment as a result ofthat person s real or perceived race, color, religion, national origin, sex, sexual orientation, genderidentity, age, disability, marital status, familial status, or veteran status.

4 Employee means any individual employed by or seeking employment from an employer,excluding any individual employed by his or her parents, spouse, or child.

5 Employer means a person who employs one or more employees in the City of Jackson, or anyagent of such person. Employer shall include the City of Jackson and any City Contractor.

6 Familial Status means an individual s past, current or prospective status as parent or legal

guardian to a child or children below the age of eighteen (18) who mayor may not reside withthat individual.

7 Gender Identity means the actual or perceived gender-related identity, expression, appearance,or mannerisms, or other gender-related characteristics of an individual, regardless of theindividual s designated sex at birth.


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8 Marital Status means an individual s past, current, or prospective status as single, married,domestically partnered, divorced, or widowed.

9 National Origin means an individual s or his or her ancestor s place o f origin.

1 Place of Public Resort, Accommodation, Assemblage, or Amusement means any place, store,

or other establishment, either licensed or unlicensed, that supplies accommodations, goods, orservices to the general public, or that solicits or accepts the patronage or trade o f the generalpublic, or that is supported directly or indirectly by government funds. The term does not includeany of the following:

a Any lodging establishment which contains not more than three rooms for rent and whichis actually occupied by the proprietor of such establishment as a primary residence.

b. Any private club, bona fide membership organization, or other establishment that is notin fact open to the public.

Religion means all aspects o f religious belief, observance, and practice.

12 Sexual Orientation means actual or perceived homosexuality, heterosexuality, or bisexuality.

13 Veteran Status means an individual s status as one who served in the active military, naval orair service, and who was discharged or released under conditions other than dishonorable.

Sec. 86-227 Civil Rights Declared. The right of an otherwise qualified person to be free fromdiscrimination because of that person s real or perceived race, color, religion, national origin, sex, sexualorientation, gender identity, age, disability, marital status, familial status, or veteran status is recognizedas and declared to be a civil right. This right shall include, but not be limited to, all ofthe following:

I. The right to obtain and hold employment and the benefits associated therewith without

discrimination.

2 The right to the full enjoyment of any of the accommodations, advantages, facilities, or privilegesof any place of public resort, accommodation, assemblage, or amusement without discrimination.

3. The right to engage in property transactions, including obtaining housing for rental or sale andcredit therefore, without discrimination.

4 The right to exercise any right granted under this ordinance without suffering coercion orretaliation.


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Sec. 86-228. - Exceptions. Notwithstanding the foregoing the following are not discriminatory practicesprohibited by Sec. 86-227 of this ordinance:

I. A religious corporation .association or society that employs an individual of a particular religionto perform work connected with th e perfomlance of religious activities by the corporationassociation or society

2. An employer who observes the condit ions of a bona fide affinnalive action plan or a bona fideseniority system which is not a pretext to evade the purposes of this ordinance.

Sec. 86-229. - Hnman Rigbts in tb e Legal Department The purpose of incorporating Human Rights inthe Legal Department is to promote principles of diversity inclusion and harmony in the City of Jacksonthrough education community events the provision of advice to the City Council and Mayor andthrough receiving and resolving complaints filed under this ordinance.

I. Responsibilities. The responsibilities of the Legal Depanmenl include managing records andaccounts developing public education programs managing citizen complaints and any othertasks needed. may use the services of clerks other city government employees or the servicesof contractors as necessary.

Activities. Th e Legal Depanment shall receive initiate investigate seek to conciliate holdhearings on and pass upon complaints alleging violations of this ordinance including issuingpenalties; it shall present an annual repon to the Mayor and City Council o f its activities; it shalldevelop public education programs regarding compliance with this ordinance and equalopportunity and treatment of all individuals; and it shall engage in any other necessary action toeffectuate its purpose and duties.

Sec. 86-230. - Enforcement Subject to the procedures the Legal Department develops they shallreceive initiate investigate seek to conciliate hold hearings on and pass upon complaints alleging

violations of this ordinance. If a complaintis

not successfully conciliated the Legal Depanment shallhear the matter and make a determination as to whether a violation of this ordinance has occurred. If theLegal Department determines that a violation has occurred they shall issue an order to cease and desistfrom th e discriminatory practice and levy a fine of 500 for a first violation 1000 for a second violationand 2000 for a third or subsequent violation. These penalties shall be enforceable if necessary via anaction in municipal court. All proceedings described herein shall be conducted in accordance withMississippi law.

Sec. 86-231. - Otber Remedies. This ordinance may not be construed to limit any other remediesavailable under stale or federal law.

Section 2: Tb e Municipal Code of tb e City of Jackson Mississippi is bereby amended by revisingSec. 2-169 as follows:

Sec. 2-169. - Report ofbate crimes

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I. Definition ofhate crime. Any crime committed because of the actual or perceived race, color,religion, ethnicity, ancestry, national origin, gender, sexual orientation, gender identity, age, ordisability of the victim.

2 Responsibilities of law enforcement and other officials.

a. The City of Jackson, Mississippi shall develop guidelines for the collection anddocumentation of hate crimes committed within the corporate limits of the City ofJackson, Mississippi.

b. The City of Jackson, Mississippi is authorized to provide sufficient training to its lawenforcement personnel on criminal laws involving hate crimes as well as departmentalpolicies on proper reporting of hate crimes.

c. The City of Jackson, Mississippi shall ensure that sufficient resources are made availableto the Jackson, Mississippi Police Department, Municipal Court, and Department ofAdministration to develop and implement a standardized system for collecting andanalyzing hate crimes committed within the corporate limits of the City of Jackson,Mississippi.

d. The City of Jackson, Mississippi is authorized 10 provide annual statistical data regardingthe occurrence of hate crimes and the groups or individuals targeted to the FederalBureau oflnvestigation, pursuant to 28 U.S.C. 534, for entry into the national crimeinfonnation databases.

e. The Jackson, Mississippi Police Department is authorized to:

Complete training on the nature of hate crimes, the victim s), the perpetrator s),and the procedures for recording hate crimes statistics.

Identify victims of possible hate crimes committed within the city.

ll Prepare an annual report of the occurrence of hate crimes committed within thecorporate limits of the City of Jackson, Mississippi for the previous year.

Section 3: Th e Municipal Code of the City of Jackson, Mississippi is hereby amended by revisingSec. 126-161 as follows:

Sec. 126-161. - Passenger discrimination prohibited.

0 driver shall refuse 10 accepl a passenger solely on the basis of real or perceived race, color, religion.national origin, sex. sexual orientation, gender identity, age, disabilitv, marital status. familialstatus. or veteran status Faee eole . Bftti9B8 oFigiB .eligieHs l3elief se sexual oFieotat408 8Fhandieap. For the purposes of this section, the terms sexual orientatiou and gender identity shallhave th e meanings ascribed to them in Sec. 86-227.leFlH seliual sFiealalisR sllall meaR Ille slalesf Ileing lIeleFsseliual, IIsmsseliual, SF Iliseliual, All vehicles shall comply with the Americans withDisabilities Act ADA).

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Section : This ordinance shall become effective one month from the passing this ordinance

Agenda Item :

Date: May 3 2016By: Councilman Hendrix

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ORDER AUTHORIZING PROFESSIONAL SERVICES AGREEMEWITH AECOM TECHNICAL SERVICES INC. FOR P R O R ~ ~MANAGEMENT SERVICES FOR THE WASTEWATER CONSENTDECREE ALL WARDS _ h \ . ~

WHEREAS, on November 5 and 12,2015, a Request For Proposalsto

provide ProgramManagcmcnt Serviccs for thc Wastewater Consent Decree was lldvertiscd; and

WHEREAS, December 15 2015, proposals were received by the City and rcviewed by alive-member Evaluation CommiUee; and

WHEREAS, four proposers made presentations to the Evaluation CommiUee onFebruary 4, 2016; and

WHEREAS, the Evaluation Committee completed proposal evaluations andrecommendations were made to the Mayor for final approval; and

WHEREAS, AECOM Technical Services. Inc. is recommended to provide ProgramManagcment Services for the Wastewater Consent Decree; and

WHEREAS, the Department Public Works has negotiated a cost for the first year services under the agreement with AECOM Technical Services, Inc. in an amount not to exceed 2,555.574. I 6

IT IS, THEREFORE, ORDERED that an agreement with AECOM Technical Services,Inc. to provide Program Management Services for the Wastewater Consent Decree, in an amountnot to exceed 2,555,574.16 for the first year ending on May 31, 2017 and for an agrecment term four years with two two-year extensions at the option the City, is authorized.

In MI

A ;ENIIA DATI,: _

BY P W E I . I ~YARIlI R


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City of JacksonDepartment of Public Works

To: Mayor Tony T. Yarber

From: Kishill Powenf1 5 Iv

Council Agenda Item Briefing Memo

Agenda Item:

Item :

Council Meeting:Consultanl/Contractor:ERO:Purpose:

Cost:

Projecl/Contrdct Type:Funding Source:Schedulelfime:DPW Manager :

Background:

ORDER AUTHORIZING A PROFESSIONAL SERVICESAGREEMENT WITH AECOM TECHNICAL SERVICESINC. FO R PROGRAM MANAGEMENT SERVICES FORTHE WASTEWATER CONSENT DECREE A LL WARDS)

Regular Council Meeting. May 17. 2016AECOM Technical Services. Ine.Complianl: 1 AABE; 4 FBE; 38 AABETo provide professional engineering services required to ensurecompliance with Ihe City's Wastewater Consent DecreeYear I Costs will not exceed 2,555,574.16 (which includes an 8Contingency)Professional Engineering ServicesWater/Sewer Enterprise FundUpon Final Execution of the Agreement NTP will issueTerry Williamson

In March 2013. the negotiated Wastewater Consent Decree with EPA and MDEQ was entered.Thai Consent Decree sets out a schedule requiring the City to develop and implement acomprehensive set of Capacity, Operations, Maintenance, Management (CMOM) Programs;to undertake a number of studies of the wastewater collection and transmission system, and theSavanna Street WWTP to determine what capital improvements are necessary to come intocompliance with the Clean Water Act; and construct those capital improvements. The schedulein tbe Consent Decree is 17.5 years long. Because of the number of activities the City mustaccomplish and their complexity, a Program Management is needed to advise the City of its

options in an effort to comply in a cost-effective manner and ensure the City remains incompliance with the requirements of the Consent Decree, particularly, its schedule.

Particularly important at this juncture of the Consent Decree schedule is a critical review of theprogress to date and innovative ideas about the possibility of streamlining some requirements ofthe Consent Decree that is expected to save the City moneys that could be used in other areas ofneed. A Program Manager with a broad and deep pool of knowledge of and experience withother consent decrees is needed at this time.


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City of JacksonDepartment of Public Works

The Selection Commiuee rated AECOM unanimously as its best proposer for this work based ontheir review of all four proposals submiued.

Estimated Fees: Not to exceed 2,555,574.16 for Year I (which includes an 8contingency)E Compliance Details: AABE-Q Solutions; 4 FBE-M M ProfessionalServices, LLC; AABE-38 : Access Training, Inc.-5 ; M3A Architecture P L L C17 ; TMMHall Professional Services. LLC-16

AECOM will have also have a Mentor-Protege relationship with TMMHal1.

Talking Points:

• AECOM Technical Services. Inc. was the unanimous choice of the EvaluationCommittee

• The budgeted funding for the current program manager has been expended as of this date.Without approval of a new program manager contractor, the City will be without aprogram manager for the Wastewater Consent Decree


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CITY COUNCIL AGENDA ITEM 10 POINT DATA SHEET May 11.2016DATE

P O I N T S COMMENTS Brief Description

O R DE R A UT HO RI ZI NG A P ROF ESS IO N AL S ERV ICESA GR EE ME NT W IT H A EC OM T EC HN IC AL S ERVIC ES ,INC. FOR P R OG R AM M AN AG EM EN T S ERVI CE S FORTHE WASTEWATER CONSENT DECREE AL L WARDS)

2. Public Policy Initiative 5. Economic Devdopmenl1. Youth EdtK'lltion 6 Infrnstructure and Trnnsponation Crtrnt PrtvtntJon 7 Quality of Life3. Changes In City Go\'emmenl4. Neighborhood Enhanttment5. EconomJ Development6. InfrastrUdUtf n

Transportation7. Oualitvor Llr

3. Who will be affected All rcsidenls of the City, as well as, residenls of south Madison Countyand west Rankin County

4, Benefits Th e role of the Consent Decree Program Manager will be toensure thaI the City remains in compliance with its EPAWastewater Consent Decree

5. Schedule (beginning date) As soon as the agreement is signed hy the panies

6. Location:• WARD Wards I, 2, 3,4, 5,6, and 7 (citywide)

• CITYWIDE (yes or no)(area)

• Project limits if applicable7. Action implemented by:

• City Department Depanment of Public Works• Consultant 0

8. COST 2,555,574.16 for Year I9. Source of Funding

• General Fund 0 Water/Sewer Enterprise Fund• Grant 0 Fund 32• Bond 0• Other 0

10. EBO participation ABE _ 1 0 _ WAIVER yes _ no _x_ N/AAABE _ 3 8 _ WAIVER yes _ no _x _ N/AFBE _ 4 0 _ WAIVER yes _ no _x_ N/AHBE WAIVER yes - no N/ANABE WAIVER yes no N/A


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OFFICE OF THE CITY ATTORNEY

Eas C Pi . S St Office Box 9

Jackson Mississippi 39207·2779r,i


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june 6 jackson city council agenda packet

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