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HomeMy WebLinkAboutO-1999-2348 ORDINANCE NO. 99-13'~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR CONSULTING SERVICES BETWEEN THE CITY OF LA PORTE AND HAWES, IDLL AND PATTERSON CONSULTANTS, L.L.P., FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE IMPLEMENTATION AND BOARD MANAGEMENT SERVICES APPROPRIATING $43,500; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . 2348 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $43,500 from the Economic Development Fund to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26lh day of July, 1999. CITY OF LA PORTE By: ~ ~~ 1rT: IJ-Jtk a. ALllYl Martha A. Gillett City Secretary Norman L. Malone, Mayor ~~- dbr- e e CONTRACT FOR CONSULTING SERVICES This contract is by and between Hawes Hill & Patterson Consultants, L.L.P. (the "Consultanr) and the City of La Porte (the "Client") for services described below. SCOPE OF SERVICE The Consultant will provide the following services on behalf of the Client with regard to Reinvestment Zone Number One, City of La Porte, Texas: Reinvestment Zone (TIF) Implementation Services . Assist the Client in addressing land use issues, zoning issues and development issues within TIF; . Work with the Client to structure financing options for inclusion in the Final Project Plan and Reinvestment Zone Financing Plan (the "Plan"); . Identify existing charts, graphs, and media/marketing material for inclusion in presentations to taxing jurisdictions, political leaders and government officials; and for inclusion in the Plan; . Assist Client to ensure that all public hearings are held timely and in accordance with Chapter 311, Texas Tax Code and the procedural requirements of other taxing units; . Assist Client to insure that all resolutions and ordinances are prepared correctly; . Prepare/review presentations for consideration by City Council and other taxing units, as necessary; . At the request of the Client, attend City Council meetings to brief them on the specifics of the Plan; . Assist Client in the negotiation and preparation of participation agreements with other taxing units; . Assist Client in the preparation, review and approval of all required documents (Articles of Incorporation, By-laws, Tri-Party Agreements, etc). for the creation and operation of a Development Authority or any other public entity deemed necessary to carry out the TIF functions; . Assist Client in the inclusion of development projects to further the goals of the Client through the TIF; Hawes Hill & Patterson Consultants, L.L.P. P.O. Box 22167, Houston, Texas 77227-2167 713.~1.0447 / 713.541.9906 (Fax) e e . Assist Client with the education of the TIF board appointments; . Assist Client and TIF Board in the preparation the Plan for consideration and approval of the TIF Board of Directors and the Client. As a minimum, the Plan will include a detailed list describing the estimated project costs of the TIF, including public improvements and services; a statement listing the kind, number and location of all proposed public works, public improvements or services; an economic feasibility study prepared by an independent consultant (provided by Client) acceptable to the Client; the estimated amount of bonded indebtedness to be incurred; the time when related costs or monetary obligations are to be incurred; and a description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the TIF; the current total appraised value of taxable real property in the TIF; the estimated captured appraised value of the TIF during each year of its existence; and the duration of the TIF; . Assist Client in the preparation and negotiation of development agreements between the Authority, the City, the TIF and developers (as appropriate); and . Assist Client to insure that all procedural requirements related to other taxing units are met with regard to the Plan. The Client agrees to complete the Reinvestment Zone Services by October 2, 1999. TIF Board Management Services . Prepare public notices, meeting agendas, and information packets for use at Board of Directors meetings; . Take and prepare minutes of Board meetings and maintain Reinvestment Zone files; . Prepare budgets for inclusion in the City's Annual Budget and financial reports as required; . Assist Reinvestment Zone Number One Board of Directors in the implementation of the Project Plan and Reinvestment Zone Financing Plan; . Assist CityITIF to develop and construct a property owner database for mapping, taxation, and information purposes; and . Serve as liaison with the City and other interested parties to further mission of Reinvestment Zone Number One. Hawes Hill & Patterson Consultants, L.L.P. P.O. Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax:) 2 e . FEES & INVOICING Professional Fee for Creation Services Hawes Hill & Patterson Consultants agrees to perform the above services for a professional fee in the sum of $42,000. Payment Terms The Client agrees to pay the Consultant a professional fee of $7,000 per month for a six-month period beginning July 1, 1999 and ending December 31, 1999. The Client will be invoiced monthly. Reimbursable Expenses Actual expenses include but are not limited to prints and reproductions, graphics, art supplies, postage, deliveries, long distance telephone calls, submittal fees, parking fees, travel and lodging, and public notices. Photocopies will be charged at actual cost per page. Automobile use directly attributable to this project will be charged at the IRS approved reimbursement rate. Every effort will be made to coordinate with Client to use existing resources so as to minimize costs. Travel and lodging expenses related to this project must have prior approval of the Client. Reimbursable expenses will be invoiced on a monthly basis. The Consultant shall ke~p a full and documented accounting of all funds expended with receipts. Reimbursable expenses shall not exceed $1,500 without prior approval of the Client. TERM OF CONTRACT This Contract Agreement shall become effective upon acceptance and shall continue in force until December 31, 1999 or until terminated per terms of this agreement. This contract may be extended and the scope expanded by mutual agreement of both parties. GENERAL TERMS Hawes Hill & Patterson Consultants shall conduct itself in a professional manner when representing the Client and shall make every effort to conduct the business affairs of the Client in a timely manner. Hawes Hill & Patterson Consultants, L.L.P. P.O. Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 3 e e ADDITIONAL RESPONSIBILITIES OF CONSULTANT Hawes Hill & Patterson Consultants shall be responsible for subcontracting for other services, which may be deemed necessary to complete the terms of this contract for consulting services. These additional sub-consultant services may include, but are not limited to engineering, legal and other financial sub-consulting services. The decision to contract for additional services will be made jointly by David W. Hawes, General Partner of Hawes Hill & Patterson Consultants, and Robert T. Herrera, City Manager, la Porte, Texas. Hawes Hill & Patterson Consultants is solely responsible for the payment of sub- consultant services and the City of la Porte shall not be liable for the direct payment to sub-consultants for any services rendered unless otherwise expressly stated and agreed to in writing by the Consultant and the Client. TERMINATION Either party may terminate this agreement by giving a thirty- (30) day written notice. If this agreement is terminated, Hawes Hill & Patterson Consultants shall be paid for all expenses incurred up to the date of termination. The monthly fee of $7,000 shall be prorated to the date of termination based on a factor of days worked in the given month. All documents, proposals, correspondence, files, and any other documents pertaining to the project shall be delivered to the Client upon completion or termination of the contract. ACCEPTANCE When executed by both parties, this contract shall evidence the entire agreement, and shall constitute a notice to proceed, unless otherwise designated by Client in writing. This document is being executed in two (2) counterpart originals, each of which has the full force and effect of an original. Please signify your agreement and acceptance by signing below where indicated and return one copy with the initial monthly payment of $7,000 to Hawes Hill & Patterson Consultants. Hawes Hill & Patterson Consultants, L.L.P. P.O. Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 4 e e This contract is made and entered into in Harris County, Texas and venue for all purposes shall be in Harris County, Texas. AGREED AND ACCEPTED THIS ~ DAY OF j L\ Li 1999. ~~~ David W. Hawes, Ge eral Partner Hawes Hill & Patterson Consultants, L.L.P. G~ \, ~ Robert T. Herrera, City Manager La Porte, Texas c:\hhp\projects\contract\La Porte ContracC 4 Hawes Hill & Patterson Consultants, L.L.P. P.O. Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 5