The URL can be used to link to this page

Home My WebLink AboutO-2007-2988 ~K REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 5/14/07 Aoorooriation Requested By" John Joerns Source of Funds: 038 LPEDC Fund Department" City Council Account Number: 038-6030-565-1010 Report: Resolution: Ordinance: X Amount Budgeted: $0 Reimbursement Agreement w/LPEDC Amount Requested: $3,00Q Exhibits: Exhibits: Budgeted Item: YES NO X Exhibits SUMMARY & RECOMMENDATION Attached is the final draft of the Reimbursement Services Agreement and enabling ordinance between the La Porte Economic Development Corporation (LPEDC) and the City for services related to staff support of their Board. The agreement was approved by the LPEDC at their May 7,2007 meeting. Staff informed the Board that costs for staff services was estimated at approximately $3,000 per year which, unless otherwise agreed to in writing, will be invoiced once a year by the Finance Director. Staff recommends approval of the enabling Ordinance and the Reimbursement Services Agreement. Action Reauired bv Council: Approve the enabling Ordinance and the attached Reimbursement Services Agreement between the City and the La Porte Economic Development Corporation for necessary staff services. %),s-j;7 Date { ORDINANCE NO. 2007- ~ 9 ~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE AND THE LA DEVELOPMENT CORPORATION; 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, a copy of which is on file in the office of the City Secretary. The Mayor 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 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. 2 PASSED AND APPROVED, THI~ DAY OF~' 2007. CITY OF LA PORTE ~?~ By: Alton E. Porter, Mayor A TTEST:J ~~L 4r11. Mart a Gillett, Ci y Secretary AP~ -r:~ Clark T. Askins, Assist. City Attorney AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, AND THE LA PORTE DEVELOPMENT CORPORATION (SECTION 4B ~ CENT SALES TAX) THIS AGREEMENT (this "Agreement"), effective as of Maydl, 2007, is made by and between the CITY OF LA PORTE, TEXAS, a municipal corporation and a home-rule city in the State of Texas (the "CITY"); and the LA PORTE DEVELOPMENT CORPORATION, a nonprofit local government corporation organized and existing under the laws of the State of Texas (the "CORPORATION"). RECITALS WHEREAS, the CORPORATION desires to secure services of the CITY to assist the CORPORATION in the performance of its functions, services, and duties; NOW, THEREFORE, for and in consideration of the mutual undertakings herein contained, the CORPORATION and CITY agree as follows: I. CITY agrees to assist the CORPORATION in its scope of services as defined by Section II and Section IV of the "AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE DEVELOPMENT CORPORATION" for a term of one (1) year commencing upon the date of execution of this agreement by both CITY AND CORPORATION, with an option to renew this agreement for two additional one (1) year terms, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90)-day written notice to the other. II. CITY shall receive compensation for services referred in Section I above in an amount equal to the direct salary costs plus 5% of City personnel performing services anticipated by this agreement. Payment for these services shall be made by CORPORATION annually at the end of CITY's fiscal year, and shall be due within thirty (30) days upon receipt of written invoice from CITY. In all other cases, payment shall be made upon termination of this Agreement or as otherwise agreed to in writing by both parties. Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost plus 5% and paid within thirty (30) days upon receipt of written invoice from CITY, or as determined by separate agreement with consultant or provider. III. CITY will procure, to CORPORATION'S account, supplies, materials, equipment, and services, utilizing funds allocated in CORPORATION'S approved budget (La Porte Development Corporation _ Section 4B ~ Cent Sales Tax Fund), for the services provided by the CITY on behalf of CORPORATION. CITY shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the services provided. IV. CITY is retained by CORPORATION only for the purpose and to the extent set forth in this Agreement, and City's relation to CORPORATION, during the period of this Agreement, is that of an independent entity, and CITY shall be free to dispose of such portion of its entire time not required to satisfy the terms of this Agreement in any manner it deems advisable. CITY shall not be considered an employee of CORPORATION. V. CITY shall be required to operate within the current guidelines of its governing body and shall notify CORPORATION of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. VI. CITY hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever to all persons, whether employees of CITY or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the services provided for in this Agreement and if any person shall make a claim for any damage or injury as herinabove described, whether such claim may be based upon the CORPORATION'S alleged active or passive negligence or upon any alleged breach of any statutory duty or obligation on the part of the CORPORATION, the CITY agrees to indemnify and save harmless the CORPORATION, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the CORPORATION may sustain as result of any such claims and the CITY agrees to assume, on behalf of the CORPORATION, the defense of any action at law or in equity, which may be brought against the CORPORATION upon such claim and to pay on behalf of the COPORATION, upon its demand, the amount of any judgment that may be entered against the CORPORATION in any such action. VII. Before commencing the services, the CITY shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The CITY agrees that nothing contained in this paragraph shall limit or release the CITY from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the CORPORATION. If the CITY fails to procure and maintain at least the above insurance, the CORPORATION shall have the right to procure and maintain the said insurance for and in the name of the CITY, and the CITY shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. VIII. The CITY for the compensation provided for herein, hereby agrees to pay and shall hold the CORPORATION harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. IX. If either the CITY or CORPORATION believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. x. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF AA PORTE 0 By: Ul:t-o.r--L \~ Alton Porter, Mayor 5~/~j7 Date ATTEST: ~;: PORTEIlrUORPORATION Chairperson, Board of Directors 5--1-1J 1 Date ATTEST: \ ~tlu/ILt1,4d Secretary, Board of Directors