Loading...
HomeMy WebLinkAboutO-1998-2261 . e ORDINANCE NO. 98-2261 ORIGINAL AN ORDINANCE APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEKEBT BETWEEN THE CITY OF LA PORTE AND WILBUR SMITH ASSOCIATES, INC., FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF THE CITY OF LA PORTE COMPREHENSIVE PLAN UPDATE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 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. 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 Ci ty 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. . ORDINANCE NO. 98- 2261 e ORIGINAL PAGE 2 PASSED AND APPROVED, this 13th day of July, 1998. ATTEST: ~a.H-<1UJI a tha A. Gillett City Secretary By: CITY OF LA PORTE J4o/#~~~Hvc. ~n L. Ma on Mayor e City of La Porte Established 1892 July 21, 1998 ORIGINAL Mr. Bret Keast Director, Urban Planning Services 9800 Richmond Ave., Suite 400 Houston, Texas 77042-4521 Dear Bret: Enclosed are two executed originals of the Professional Services Agreement approved by City Council on July 13, 1998. After signature by Wilbur Smith Associates, please return one fully executed Agreement to my office. This letter shall serve as your authorization to proceed with the services described in the Agreement. The City's project director will be Doug Kneupper, Planning Director. Mr. Kneupper will be Wilbur Smith Associates I point of contact for communications and coordination with the City. I am especially looking forward to the monthly updates with Wilbur Smith Associates and selected members of the City's Staff. On behalf of the City Council, the Planning and Zoning Commission, citizens and City staff, I welcome you to the team that together will offer vision, definition and strategies for the future development of the City. Sincerely, ~~T.~ Robert T. Herrera City Manager C: Mayor and Council /' Betty Waters, Chairperson, Planning and Zoning Commission John Joems, Assistant City Manager Doug Kneupper, Planning Director Ene!. RTH/dJy P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 ORIG~A\-, City of La Porte Established 1892 [D) ~ @ ~ 0 W ~ ~' lJl) JUN ~ U!998 ~j, JJ May 21, 1998 ASST. CITY MANAGER OFFIC The Honorable Mayor and City Council Dear Mayor and Council: This is to inform you that the Comprehensive Plan Update Committee, after careful consideration and deliberation, has interviewed and recommend the engagement of the firms, Wilbur Smith & Associates and RUST Environment & Infrastructure, to provide professional planning services for . updating our Comprehensive Plan. I have enclosed an Executive Summary of the chosen firms. We believe this combination will bring the right level of attention and study effort to the task at hand. Our goal is to negotiate a consulting agreement with them and to bring this matter to a Council meeting agenda in June 1998. Sincerely, ~~0 Howard Ebow Councilmember ~ (<)~L , ~etty aters Planning & Zoning Chairperson Robert T. Herrera City Manager }~ Q~~~ Guy n Director of Planning RTH:cjb Enclosure P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e t(g~V PROFESSIONAL SERVICES AGREEMENT COMPREHENSIVE PLAN UPDATE for THE CITY OF LA PORTE, TEXAS STATE OF TEXAS s s s KNOW BY THESE PRESENTS: COUNTY OF HARRIS This Agreement made this ~day of ;;(~ . 1998. by and between the City of La Porte. Texas, acting by and through Robert T. He era, City Manager, duly authorized by the City of La Porte City Council, hereinafter referred to as the "CITY," and Wilbur Smith Associates, Inc., a Delaware Corporation authorized to do business in Texas, acting by and through its Regional Vice President, Mr. Richard C. Mobley, II, ASLA, AICP, with offices located at 9800 Richmond Avenue, Suite 400, Houston, Texas, hereinafter referred to as the "CONSULTANT," do hereby make and enter into the following Agreement. ARTICLE I CONSULTANT 1.1 The CONSULTANT, as an independent contractor, covenants and agrees to perform the professional planning services related to the City of La Porte Comprehensive Plan Update as described in Article II, Scope of Work. Such services shall be performed by the CONSULTANT in accordance with the terms of this Agreement and for the consideration stated. The CONSULTANT covenants and agrees to perform the services in a professional manner. The CONSULTANT shall complete the Scope of Work and shall submit reports to the CITY as required. 1.2 The CONSULTANT shall provide its services under this Agreement with the same degree of care, skill and diligence as is ordinarily provided by a professional planner under similar circumstances for the preparation of the City of La Porte Comprehensive Plan Update and to which the Agreement applies. CONSULTANT will further give professional consultations and advice to the CITY during the performance of the services under this Agreement. ARTICLE II SCOPE OF WORK 2.1 The CONSULTANT will perform the professional planning services related to the development of the City of La Porte Comprehensive Plan Update as set forth in Exhibit "A" which is attached and made a part of this Agreement. 2.2 Pursuant to this Agreement, the CITY shall have the option to obtain the services of CONSULTANT to perform Additional Services. Such Additional Services shall be described in a written Amendment to this Agreement, as agreed mutually by the CITY and CONSULTANT, including description of the additional work, associated compensation, and time schedule as applicable. Matters which shall constitute Additional Services shall include, but are not limited to the following: (1) Additional workshops or meetings other than the number identified in the Scope of Work; (2) Additional trips to the City of La Porte, Texas other than the number of trips identified in the Scope of Work and Project Schedule; (3) -Page 1 of 9- e e Other work tasks or study activities not identified in the Scope of Work; (4) Additional copies of deliverables including draft and final written reports and maps other than the number of deliverables identified in the Scope of Work; (5) Extension of the Project Schedule for reasons other than those for which responsibility is due to the CONSULTANT; and, (6) Other related or unrelated professional planning and engineering services that may be required by the City. ARTICLE III CONSULTANT PERSONNEL 3.1 The CONSULTANT represents that it has or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. 3.2 The CONSULTANT may contract with Subconsultants for portions of the work or services under this Agreement with the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by a written Agreement and shall be subject to the provisions of this Agreement. The CITY hereby approves the use by the CONSULTANT as SUBCONSUL rANTS under this agreement of Rust Environment and Infrustructure, Inc., . located at 2929 Briar Park Drive, Suite 600 Houston, Texas 77042. ARTICLE IV SUPPORT SERVICES 4.1 The CITY agrees to provide the CONSULTANT with support services during conduct of the services listed in Article II, Scope 'of Work. Support services will include the services described in Exhibit "B" which is attached and made a part of this Agreement. 4.2 To the extent authorized by law, the readily available existing data and documentation obtained by the CITY that are relevant to the accomplishment of the Scope of Work specified in Article II shall be made available by the CITY for use by the CONSULTANT. 4.3 The CITY shall consider and act on all documents and project work items submitted by the CONSULTANT that require review, comments or approval by the CITY within a reasonable period of time so as to enable the CONSULTANT to complete the work on schedule as provided in Article V of this Agreement. 4.4 The CITY agrees to provide the CONSULTANT with support services needed to organize, schedule, notify, provide meeting locations, conduct meetings. and prepare minutes of meetings for the La Porte Comprehensive Plan Update, including committees, workshops, public meetings, and public hearings as described in Article II, Scope of Work. The CONSULTANT will advise and coordinate with the CITY to accomplish these support services. ARTICLE V TIME OF PERFORMANCE 5.1 The CONSULTANT shall commence services upon execution of this Agreement and receipt of written Notice to Proceed from the CITY. -Page 2 of 9- e e 5.2 The CONSULTANT shall complete the services described in Article II, Scope of Work within twelve (12) months from receipt of written Authorization to Proceed by the CITY, unless terminated, or unless the Scope of Work and Time of Performance are changed in accordance with Article X, Changes or Termination. 5.3 The completion schedule set forth in Paragraph 5.2 may be subject to causes that result in delay over which neither the CONSULTANT nor CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article X, Changes or Termination. 5.4 This Agreement shall terminate upon the CITY's final acceptance of work completed by the CONSULTANT or on October 31. 1999, unless otherwise terminated or modified as hereinafter provided. ARTICLE VI COMPENSATION TO CONSULTANT 6.1 The CITY shall compensate the CONSULTANT a maximum amount payable under this contract not to exceed $120.000.00. which includes estimated costs in the amount of $105,687 as well as a fixed fee of $14,313.00. However. the maximum amount may be modified pursuant to Article X, Changes or Termination, in the event of increased cost. change in the scope of work. time of performance delays, or increase or decrease in the complexity or character of the work. All payments made hereunder will be on the basis of reimbursement of actual costs incurred, not to exceed the limits the maximum amount payable under this contract. The CITY shall make partial proportionate payments of the fixed fee based on the amount of work completed by the CONSULTANT. 6.2 Payment shall be made by the CITY upon receipt of a detailed statement showing the actual cost incurred, proportionate amount of fixed fee. total amount eamed, amount previously invoiced, and amount payable. The CONSULTANT shall submit a monthly progress report letter containing a report of work completed and the percentage completion by task and for the overall project. The progress report letter will describe the services performed and work accomplished during the report period. as well as any problems or delays encountered and actions taken to remedy them. Each statement shall be certified true and correct by an Officer of the CONSULTANT. Each invoice is due and payable by the CITY within thirty (30) days following the date of receipt by the CITY. When approximately sixty (60) percent of the $120,000.00 authorization has been spent, the CONSULTANT shall provide, with the monthly progress report, an assessment of the project to date, including recommend modifications to the scope of work. andJor the expected need for additional authorizations, if any. The CONSULTANT will not exceed the maximum fee of $120.000.00 unless authorized in writing by the CITY. 6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the CITY for the performance of this Agreement. If at any time during the period of performance under this Agreement sufficient appropriations and authorization are not made by the CITY. this Agreement shall terminate upon written notice being given by the CITY to the CONSULTANT. The CITY's decision as to whether sufficient appropriations are available shall be accepted by the CONSULTANT and shall be final. -Page 3 of 9- e e ARTICLE VII PRODUCT OF SERVICES. COPYRIGHT 7.1 The CONSULTANT and the CITY mutually agree that reports, maps and materials prepared or developed under the terms of this Agreement. shall be deli vered to and become the property of the CITY. The CONSULTANT shall have the right to retain copies and to utilize the product of services for marketing purposes, except for any confidential information. as defined in Article XI. hereof. 7.2 The CONSULTANT shall fumish the CITY with the number of copies of reports as shown in Article II, Scope of Work. 7.3 Nothing produced in whole or in part by the CONSULTANT under this Agreement shall be subject of an application for copyright by or for the CONSULTANT. ARTICLE VIII PRIVATE INTERESTS OF PUBLIC OFFICIALS AND CONSULTANT 8.1 No employee, agent. or member of the local public body of the CITY shall have any financial interest, direct or indirect in this Agreement or the proceeds thereof, except as allowed in Section 3.1 of this Agreement. ARTICLE IX CERTIFICATIONS OF CONSULTANT 9.1 The CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT. to solicit or secure this Agreement. and that it has not paid or agreed to pay any company or person. other than a bona fide employee working solely for the CONSULTANT, any fee, any commision, percentage, brokerage fee, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.2 The CONSULTANT presently has no interest and shall not acquire any interest. direct or indirect. which would conflict in any manner or degree with the performance of services under this Agreement. ARTICLE X CHANGES OR TERMINATION 10.1 This Agreement may not be altered, changed or amended except by instrument in writing executed by the parties hereto. 10.2 The CITY may, from time to time, request changes in the scope of work and time of performance for the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANTS compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT. shall be incorporated in written amendments to this Agreement. 10.3 This Agreement may be terminated before the termination date stated in Article V, Time of Performance, by any of the following conditions: -Page 4 of 9- . e (a) Rieht of Either Partv to Terminate for Cause - This Agreement may be terminated by either of the parties hereto for failure by the other party to perform in a timely manner and proper manner its obligation under this Agreement. A signed, written notice of such termination shall be delivered to the other party by registered or certified mail and such termination shall take effect twenty (20) days after the notice is deposited in the mail, provided that the failure to perform has not been remedied by that time. By such termination, neither party may nullify obligations already incurred for performance or failure to perform before the date of termination. (b) Right of the CITY to Terminate for Convenience - This Agreement may also be terminated by the CITY for reasons other than failure by the CONSULTANT to perform in a timely manner and proper manner its obligations under this Agreement. A signed, written notice of such termination shall be delivered to CONSULTANT by registered or certified mail and such termination shall take effect not less than seven (7) days following the date that the notice is deposited in the mail or at 5:00 P.M. on the date the notice is received by the CONSULTANT, whichever is sooner. 10.4 Upon receipt of a notice of termination under any of the conditions under Paragraph 10.3, the CONSULTANT shall, unless' the notice otherwise directs, immediately discontinue all services in connection with the performance of this Agreement. Within thirty (30) days after receipt of the notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement prior to the effective date of termination. Data and study products prepared by the CONSULTANT under this Agreement shall be delivered to the CITY if requested. 10.5 Upon the conditions specified in Paragraphs 10.3 and 10.4 being met, the CITY shall promptly pay the CONSULTANT allowable costs incurred, less previous payments. The CITY will only be obligated to compensate the CONSULTANT in a just and equitable manner for those services performed prior to the effective date of termination and upon the CONSULTANT's submitting a statement of actual services performed and payment requested. 10.6 Notwithstanding the provisions of Section 10.5 above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any negligent act or omission or any breach of the Agreement by CONSULTANT. ARTICLE XI CONFIDENTIALITY 11.1 Any information determined to be confidential pursuant to the Texas Public Information Act that is provided to or developed by the CONSULTANT in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the CONSULTANT without prior written approval of the CITY. ARTICLE XII INSPECTION OF RECORDS 12.1 The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds. These records will be retained for three years after the expiration of this Agreement. .Page 5 of 9- e e 12.2 Any time during normal business hours and as requested by the CITY, the CONSULTANT shall make available to the CITY for examination all of its project records with respect to all matters covered by this Agreement and will allow the CITY to review, examine, and make excerpts from such records, and to make copies of all contracts, invoices, materials, payrolls, records of personnel conditions of employment, and other data relating to all matters covered by this Agreement. The Financial records of the CONSULTANT are maintained in its corporate office located in Columbia, South Carolina, and copies will be available upon request in a timely manner in its regional office located in Houston, Texas, for audit purposes to the CITY or its authorized representative. ARTICLE XIII INSURANCE AND INDEMNIFICATION 13.1 Insurance A. The CONSULTANT agrees to maintain Worker's Compensation Insurance to cover all of its own personnel engaged in performing services for the CITY under this contract in the following amounts: Workmen's Compensation: Statutory B. The CONSULTANT also agrees to maintain Commercial General Liability, Business Automobile Liability, and Umbrella Liability Insurance covering claims against CONSULTANT for damages resulting from bodily injury, death or property damage from accidents arising in the course of work pe"rformed under this Agreement in the following amounts: Commercial General Liabilitv Insurance: Personal injury and property damage -- $500,000.00 combined single each occurrence and $500,000.00 aggregate; Business Automobile Liability for all vehicles: Bodily injury and property damage - $500,000.00 combined single limit each occurrence; Umbrella Liability: $1,000,000.00 Contractual Liabilitv: $1,000,000.00 C. The CONSULTANT shall add the City of La Porte, Texas as an additional insured on all required insurance policies, except workers compensation and errors and omissions insurance. The Commercial General Liability and Umbrella Liability Policy shall be an "occurrence" type policy. The Commercial General Liability shall also include protection against claims insured by usual personal injury liability coverage, a "protective liability": endorsement to ensure contractual liability coverage, a "protective liability": endorsement to ensure contractual liability assumed by CONSULTANT under Section 13.2 entitled Indemnification. D. The CONSULTANT shall fumish the CITY with an Insurance Certificate on the date this Agreement is executed and accepted by the CITY which confirms that all required insurance policies are in full force and effect. -Page 6 of 9- e e E. The CONSULTANT agrees to maintain errors and omissions liability insurance in the amount of not less than One Million Dollars (S1,OOO,OOO.00) annual aggregate, on a claim made basis, as long as reasonably available under standard policies. 13.2 Indemnification: CONSULTANT shall indemnify, save harmless and defend the CITY, its officers, agents, servants and employees from all suits, actions, causes of action, losses, damages, daims, injuries, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attomey's fees for loss, damage, injury or death to any person, or loss, damage or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent acts or omissions of CONSULTANT or its agents or employees, in the execution of performance of the Agreement. ARTICLE XIV MISCELLANEOUS PROVISIONS 14.1 Neither the CITY nor CONSULTANT shall be required to perform any term, condition, or covenant of this AGREEMENT while such performance is delayed or prevented by acts of God, material or labor restriction by any governmental authority, civil riot, floods, hurricanes, or other natural disasters, any other cause not within the control of the CITY or CONSULTANT that by the exercise of due diligence the CITY or CONSULTANT is unable, wholly or in part, to prevent or overcome and supersedes all prior agreements and understanding between CITY and CONSULTANT concerning the subject matter of this Agreement. 14.2 This Agreement constitutes the entire agreement between the CITY and CONSULTANT. No agreements, amendments, modifications, implied or otherwise, shall be binding on any of the parties unless set forth in writing and signed by both parties. 14.3 The CITY and CONSULTANT agree that this Agreement shall be construed in accordance with the laws of the State of Texas. Any legal dispute between the parties shall be resolved in the following manner: The parties will in attenpt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by megotiation between senior executives of the parties who have the authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent the party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeaver to settle the dispute by mediation under the Construction Industry Rules of the American Arbitration Association. If the matter has not been resolved pursuant to the aforsaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversy .Page 7 of 9- . e shall be settled by arbitration in accordance with "American Arbitration Association Construdion Industry Arbitration Rules. by a sole arbitrator. The arbitration shall be govemed by the United States Arbitration Ad, 9 U.S.C. & 1-16, and the judgement upon the award rendered by the Arbitrator may be entered by any count having jurisdidion thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of adual damages, including punitive damages. 14.4 If one or more of the provisions of this Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any resped, the remainder of this Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effed. 14.5 Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice: CITY: Robert T. Herrera, City Manager City of La Porte P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 CONSULTANT: Richard C. Mobley, II, Regional Vice President Wilbur Smith Associates, Inc. 9800 Richmond Avenue, Suite 400 Houston, Texas 77042 14.6 The waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver of .any subsequent breach of this Agreement. 14.7 The CONSULTANT shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the CITY thereto. Provided however, that claims for money by the CONSULTANT from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 14.8 Successors and Assigns: The CITY and CONSULTANT each binds itself and its successors, executors, administrators and assigns to the other parties of the Contrad and' to the successors, executors, administrators and assigns of such other parties, in resped to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, board member, commissioner, employee or agent of any public body which is a party hereto. 14.9 Recorts and Information: The CONSULTANT at such times and in such forms as CITY may require, shall fumish CITY such periodic reports as they may request pertaining to the work or services undertaken pursuant to this Agreement, the cost and obligations incurred or to be in connedion therewith, and any other matter covered by this Agreement. 14.10 Incorporation of Provisions Required bv Law. Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein and this .Agreement shall be read and enforced as though each were included herein. If through -Page 8 of 9- . e mistake or otherwise any such provision is not inserted or is not corredly inserted, the Agreement shall be amended to make such insertion on application by either party. 14.11 Waiver. The failure on the part of any party herein at any time to require the performance by any other party of any portion of this Agreement shall not be deemed a waiver of, or in any way affect that party's rights to enforce such provision or any other provision. Any waiver by any party herein of any provision hereof shall not be taken or held to be a waiver of any other provision hereof or any other breach hereof. 14.12 Survival. Any and all representations and conditions made by the CONSULTANT under this Agreement are of the essence of this Agreement and shall survive the execution, delivery and termination of it, and all statements contained in any documents required by the CITY, whether delivered at the time of the execution or at a later date, shall constitute representations hereunder. 14.13 Cumulative Remedies. In the event of default by any party herein, all other parties shall have all rights and remedies afforded to it at law or in equity to recover damages and to interpret or enforce the terms of this Agreement. The exercise of anyone right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law' or in equity. 14.14 State or Federal Laws. This Agreement is performed in Harris County, Texas, and is subject to all applicable Federal and State laws, statutes, codes, any and applicable permits, ordinances, rules, orders, and regulations of any local, state, or federal govemment authority having or asserting jurisdidion. 14.15 Eaual Employment Occortunity. In the performance of this Agreement, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity Employer. 14.16 Multiple OriQinals. Two (2) copies of this Agreement are executed; each shall be deemed an original. . . . * . . . . . . . . . . IN WITNESS HEREOF, the parties have executed this Agreement in duplicate originals at La Porte, Harris County, Texas. . This }J t1 day of ~l/ . I ,1998. FOR THE CITY OF LA PORTE: By: Gol'-AA;\ T: ~ Robert T. Herrera Ci~.Manager // - / A~P"OV~D'A~ TO F9~M: -;_.,< I . Lt- if..' J .r ./~ ,[,I.\.\t./ I ./ .'. ~.. ."-~- /.- ~"':.I"_.'- City Attomey .page 9 of 9-