HomeMy WebLinkAbout10-08-12 Regular Meeting of La Porte City Council
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Mayor Pro-Tem, Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at Large B
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held October 8,
2012, beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway,
LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are
subject to action.
1. CALL TO ORDER
2. INVOCATION
– The invocation will be givenbyFather Gary Rickles, Saint Mary’s Catholic
Church.
3. PLEDGE OF ALLEGIANCE
– The Pledge of Allegiancewill be led by Councilmember Dottie
Kaminski.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation – “Domestic Violence Awareness and Prevention Month”– Mayor Rigby
5. PUBLIC COMMENTS
(Limited to five minutesper person.)
6. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests anitem be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of regular City Council meeting
held on September 24, 2012 –P. Fogarty
(b)
Consider approval or other action to approve city council meeting dates for the months of
November and December 2012 as recommended by staff – C. Alexander/P. Fogarty
(c)
Consider approval or other action regarding an ordinance authorizing the City Manager to
execute the amended Interlocal Cooperation Contractbetween the City of La Porte and the
Texas Department of Public Safety (OMNIBASE) – D. Mitrano
(d)
Consider approval or other action authorizing the purchase of a Type I Frazer Ambulance
Module and an Aero Elite bus through Houston-Galveston Area Council’s (H-GAC)
cooperative purchasing program – D. Mick
(e)
Consider approval or other action regarding a resolution adopting a Section 3 Local
Opportunity for the projects funded by the Texas CommunityDevelopment Block Grant
Program – T. Tietjens
(f)
Consider approval or other action authorizing the Police Department to proceed with
procurement of Coban systems through Houston-Galveston Area Council – K. Adcox
(g)
Consider approval or other action authorizing the City Manager to execute an agreement
with AT&T for Virtual Desktop Integration (VDI) services utilizing DIR Contract #
DIR-SDD-646.
7.RESOLUTIONS
(a)
Consider approval or other action regarding a resolution designating INEOS USA, L.L.C.,
as a State of Texas Enterprise Zone Project – S. Osborne
8. DISCUSSION OR OTHER ACTION
(a)
Discussion or other action authorizing the City Manager to enter into an agreement with the
City of Houston Police Department to assign a detective to the Internet Crimes Against
Children Task Force – K. Adcox
(b)
Discussion or other action regarding Dental/Vision Insurance plan for employees – K.
Anderson
(c)
Discussion or other action regarding dangerous buildings/structures – D. Wilmore
(d)
Discussion or other action regarding possible options for improvementsto the Lomax Park
– S. Barr
9. ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, Monday, October 22, 2012
(b)
City Council Meeting, Monday, October 22, 2012
(c)
City Council Meeting, Monday, November 12, 2012
(d)
Thanksgiving Holidays – Thursday, November 22, 2012,and Friday, November 23, 2012
10. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specificfactual
information or existing policies– CouncilmembersKaminski,Zemanek, Leonard, Engelken,
Mosteit, Clausen, Martin, Moser and Mayor Rigby.
11. EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code, including, but not limited to, the following:
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation – State
vs. Port of Houston - Sound Mediation
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation – Tammy
Cooper vs. City of La Porte
12. RECONVENE
into regular session and consider action, if any, on item(s) discussed in executive
session.
13. ADJOURN
I
n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations
for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the
meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the October 8, 2012, agenda of items to be considered by the City Council was posted on the
City Hall bulletin board on October 2, 2012.
Patrice Fogarty, City Secretary
Council Agenda Item
October 8, 2012
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Father Gary Rickles, Saint Mary’s
Catholic Church.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by Councilmember
Dottie Kaminski.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation –“Domestic Violence Awareness and Prevention Month” –Mayor
Rigby
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
***********************************************************************************
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Mayor Pro Tem
Councilmember District 4
Councilmember at Large A
JAY MARTIN
DOTTIE KAMINSKI
Councilmember District 5
Councilmember at LargeB
MIKE CLAUSEN
MIKE MOSTEIT
Councilmember District 6
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
SEPTEMBER 24,2012
Monday,September 24,2012,
The City Council of the City of La Portemet in aregularmeetingonat the
6:00p.m
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the
followingitems of business:
1.CALL TO ORDER
Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present:
CouncilmembersZemanek, Engelken, Mosteit, Martin, Kaminski, ClausenandMoser.Also present
were City Secretary Patrice Fogarty,City Manager Corby Alexander, Assistant City Manager Traci
Leach and Assistant City Attorney Clark Askins.Councilmember Leonardwas absent.
2.INVOCATION
-The invocation was given byRev. Brian Christen, La Porte Community Church.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led by Councilmember Tommy Moser.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation–“Airport Appreciation Month”–Mayor Rigby
Mayor Rigby presented the “Airport Appreciation Month”proclamationtoGideon Jones.
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
th,
Larry Haller, 122 S. 17addressed Council in favor of amendments to construction requirements
fordust free surfaces.
Charles Childress, #1 Bellchase Gardens, Beaumont, TX,addressed Council in favor of Item 7c,
reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00.
Phillip Hoot, 927 Seabreeze, addressed Council opposed to Item 7c, reimbursing permit fees paid
by La Porte Real Properties in the amount of $24,587.00 due to the environmental impact adding fill
dirt to a propertymay cause. Mr. Hoot also addressed Council opposed to Item 8a, possible
amendments to construction requirements for dust free surfaces due to the item not being
discussed by the Planning and Zoning Commission prior to being considered by Council.
th
Mark Follis, 831 S. 7, addressed Council regarding Item 7c, reimbursing permit fees paid by
LaPorte Real Properties in the amount of $24,587.00. He believes there should be a cap on permit
fees paid for a fill dirt permit. In addition, Mr. Follis addressed Council concerning Item 8a, possible
amendments to construction requirements for dust free surfaces,and advised Council he was not
sure of the definition of a dust free surface and felt the item should be discussed by the Planning
and Zoning Commission prior to being considered by Council.
Page 1of 7
September 24, 2012, City Council Meeting Minutes
6.CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of regular City Council meeting
held on September 10, 2012 –P. Fogarty
(b)
Consider approval or other action regardingan Interlocal Agreement between Harris County
Transit Authority and the City of La Porte for local bus service through October 31, 2013 –
T. Leach
(c)
Consider approval or other action authorizing the City Manager to execute a Land Lease
Agreement with Trees for Houston –S. Barr
(d)
Consider approval or other action regardingan ordinance authorizing the City Manager to
execute a Water Service and Sanitary Sewer Service Agreement with Vigavi Realty LLC., at
11804 Fairmont Parkway, in the Bayport Industrial District –T. Tietjens
(e)
Consider approval or other action regardingan agreement with AT&T for Hosted Exchange
services utilizing DIR Contract No. DIR-SDD-646–J. Suggs
(f)
Consider approval or other action authorizing the City Manager to execute the First
Amendment to Interlocal Agreement with Harris Countyfor the use of Harris County’s Public
Safety Radio System –K. Adcox
(g)
Consider approval or other action amending a Resolution that discloses the authority to
commit fund balances and set a reserve policy and commit funds for current capital
projects –M. Dolby
(h)
Consider approval or other action regardingan ordinance amending the City of La Porte
Development Ordinanceby capping fill dirt permit fees for project sites –T. Tietjens
Regarding Consent Item6g,Mayor Rigby removed the itemfor voting separately.
Ordinance
Regarding Consent Item 6d, Assistant City Attorney Clark Askins read the caption of
2012-3435:
AN ORDINANCE APPROVING ANDAUTHORIZING A WATER SERVICE AGREEMENT AND
A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND VIGAVI
REALTY, LLC (11804 FAIRMONT PARKWAY, BAYPORT INDUSTRIAL DISTRICT), MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance
Regarding Consent Item 6f, Assistant City Attorney Clark Askins read the caption of
2012-3436:
AN ORDINANCE APPROVING ANDAUTHORIZING AN AMENDMENT TO AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, RELATING TO PAYMENT
TERMS FOR THEUSE OF THE HARRIS COUNTY PUBLIC SAFETY RADIO SYSTEM, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve Consent AgendaItems a-fandh,pursuant to
MOTION PASSED.
recommendations by staff.Councilmember Mosteitseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
Page 2of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Engelken moved to approve Consent AgendaItem G,with an amendment in the
body of the Resolutionto show adoption is by a majority and not by resolution.Councilmember
MOTION PASSED.
Mosteitseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin andMoser
Nays:None
Absent:Councilmember Leonard
Resolution
Regarding Consent Item 6g, Assistant City Attorney Clark Askins read the caption of
2012-10:
A RESOLUTION OF THE CITY OF LA PORTE, TEXAS ESTABLISHING FUND BALANCE
POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
SETTING AN EFFECTIVE DATE THEREOF.
7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a)
Consider approval or other action authorizing the City Manager to execute a professional
services agreement with Mueller Management for the Planning Department audit –T. Leach
Assistant City Manager Traci Leach presented a summary. Alan Mueller and Ron Cox were in
attendance at the meeting and provided brief comments. This audit will entail analyzing
development processes and City management of those processes. There will be input from the
public sector, as well as from developers.
Councilmember Engelken moved toauthorize the City Manager to execute a professional services
agreement with Mueller Management for aPlanning Department audit. Councilmember Martin
MOTION PASSED.
seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
At this time Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3437,which
was adoptedunder Consent Item 6h, as reading the caption was inadvertently overlookedat the
time.
AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, AS
ESTABLISHED IN LA PORTE ORDINANCE NO.1444-A, AND AS AMENDED, REGULATING THE
PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINDED IN A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
(b)
Consider approval or other action authorizing the Parks and Recreation Director to execute
an agreement with Robin and Leticia Rollins for continued operation of a Vendor’s Market at
Five Points Plaza –S. Barr
Parks and Recreation Director Stephen Barr presented a summary.
Page 3of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Martin moved toauthorize the Parks and Recreation Director to execute an
agreement with Robin and Leticia Rollins for continued operation of a Vendor’s Market at Five
MOTION PASSED.
Points Plaza.Councilmember Moserseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(c)
Consider approval or other action reimbursing permit fees paid by La Porte Real Properties
in the amount of $24,587.00 –T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Martinmoved to reimburse permit fees paid by La Porte Real Properties in the
MOTION PASSED.
amount of $24, 587.00. Councilmember Zemanekseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, MosteitandMartin
Nays:Councilmember Moser
Absent:Councilmember Leonard
(d)
Consider approval or other action regarding proposed Meet and Confer Agreement between
the City of La Porte and the La Porte Police Officers’ Association –K. Adcox
Chief of Police Ken Adcox presented a summary.
Councilmember Engelkenmoved toapprove the Meet and Confer Agreement between the City of
La Porte and the La Porte Police Officers’ Association. Councilmember Zemanekseconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(e)
Discussion or other action regarding comprehensive street evaluation –D. Pennell
Assistant Public Works Director Don Pennell presented a summary.
Councilmember Moser questionedthe process for repair of roads after the rating. Assistant Public
Works Director Don Pennell responded after the rating of the worst roads,there will need to be a
condition assessment and re-evaluationthe base and sub-grade. City Manager Corby Alexander
commented after the ratingsare presented to Council for review,staff will need direction from
Council on an approach for moving forward.
Councilmember Zemanek questioned if when the evaluation is being performed will Council be
advised why the streets failed during the rating. Assistant Public Works Director Don Pennell
responded Council will be advised if there is base failure on the roads but not the severity of the
base failure.
Councilmember Engelken questioned how many City streets vs.the streets in the county will be
evaluated. Assistant Public Works Director Don Pennell responded all 125miles of streets will be
evaluated.
Page 4of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Moser moved toauthorize the City Manager to execute a professional services
agreement with HDR Engineering Inc., in the amount of $28,670.00 to be funded from the Street
MOTION PASSED.
Tax (Fund 033) reserve balance. Councilmember Engelken seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
8.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding possible amendments to construction requirements for
dust free surfaces –T. Tietjens
Planning Director Tim Tietjens presented a very brief summary and advised the item was being
presented to Council in order to receive general direction.
Councilmember Engelkenmoved tosend this item to the Planning and Zoning Commission for their
consideration and recommendation of amendments, if any, to construction requirements for dust
MOTION
free surfaces prior to coming back to Council. Councilmember Moserseconded.
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(b)
Discussion or other action regarding ordinance establishing guidelines for travel and
business expenses by City Council members when attending educational meetings–Mayor
Rigby
Mayor Rigby presented this item for consideration by Council for any questions or suggested
changes.
Council expressed no comments and posed no amendments to this ordinance which establishes
guidelines for travel andbusiness expenses by City Council members when attending educational
meetings.
(c)
Discussion or other action regarding letter of support for the Port of Houston Sunset
Advisory Commission –Mayor Rigby
Mayor Rigby presented a summary.
Councilmember Martin moved tosendaletter of support for the Port of Houston Sunset Advisory
MOTION PASSED.
Commission.Clausen seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(d)
Discussion or other action regarding vote for nominees for the Texas Municipal League
Intergovernmental Risk Pool Board of Trustees –P. Fogarty
Page 5of 7
September 24, 2012, City Council Meeting Minutes
City Secretary Patrice Fogarty presented this item with suggestions for candidates on whom
Council may wish to vote.
Councilmember Clausen moved tocast the City’s vote for Greg Ingham, Place 11, Larry Gilley,
Place 12, Byron Black, Place 13 and Michael S. Nyren, Place 14, for TML-IRP Board of Trustees.
MOTION PASSED.
Martin seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(e)
Discussion or other action appointing members to various boards, commissions and
committees –P. Fogarty
City Secretary Patrice Fogarty presented this item by asking Council if there were any nominations
for the vacancy on the Building Codes Appeals Board and for the Governmental Body’s
Representative on the Firefighter’s Pension Board.
Councilmember Zemanek moved appoint Lindsay Pfeiffer, to Position 4, on the Building Codes
Appeals Board and John Kling, as the Governmental Body Representative onthe Firefighter’s
MOTION PASSED.
Pension Board. Councilmember Moser seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
9.STAFF REPORTS
(a)
Receive report of Fiscal Affairs Committee –Councilmember Engelken
Councilmember Engelken provided a report from the Fiscal Affairs Committee meetingwhich took
placeprior to the council meeting.
(b)
Receive Delinquent Tax Report –Mayor Rigby
There were no questions from Council.
10.ADMINISTRATIVE REPORTS
(a)
Citizens Charter Review Advisory Commission Meeting, Tuesday,September 25,2012
(b)
Salute to Industry Golf Tournament, Wednesday, October 3, 2012
(c)
Salute to Industry Dinner, Thursday, October 4, 2012
(d)
City Council Meeting, Monday,October8, 2012
(e)
City Council Meeting, Monday October 22, 2012
City Manager Corby Alexander advised Council that staff will soon be advising of any deficiencies
that need to be addressed due to anatural disaster,andhethanked the La Porte Police Officers’
Association for working hard and reaching an agreement for the upcoming year.
11. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies–CouncilmembersMoser,Kaminski, Zemanek,Leonard,Engelken,
Mosteit, Clausen, Martinand Mayor Rigby.
Page 6of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Moser expressed his thanks to Habitat for Humanity for assisting citizens in the
community; Councilmember Zemanek welcomed Councilmember Kaminski back after being ill;
Councilmember Mosteit congratulated the La Porte Police Officers’Association on their agreement
andcongratulated the recipients of the “Airport Appreciation Month” proclamation;Councilmember
Martin thanked La Porte High School students for attending the meeting;and Mayor Rigby
expressed his desire to see a large attendance at the Second Annual La Porte Airplane and Auto
Show on October 6. He also informed Council he had been advised by State Representative
Wayne Smith that he will support Council if they do not favor a heavy haul corridor.
12.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code,including, but not limited to, the following:
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation –State
vs. Port of Houston -Sound Mediation
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation –Tammy
Cooper vs. City of La Porte
Texas Government Code, Section 551.074 –
Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Corby Alexander, City Manager
City Council recessed the regular meeting to convene an executive session at 7:03p.m. to discuss
the State vs. Port of Houston –Sound Mediation;Tammy Cooper vs. City of La Porte;andthe
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: Corby Alexander, City Manager.
13.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
The regular meeting was reconvened at 7:56p.m. Mayor Rigby commented the item State vs. Port
of Houston -Sound Mediation had been postponed until the next meeting due to additional pending
information; regarding the item Tammy Cooper vs. City of La Porte,information was received from
the Texas Municipal League-appointed attorney; andthere werenocomments or Council action
regarding theitem on City Manager Corby Alexander.
14.ADJOURN
There being no further business, Councilmember Engelkenmoved to adjournthe meeting at 7:58
MOTION PASSEDUNANIMOUSLY.
p.m.Councilmember Zemanek seconded.
Respectfully submitted,
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on October 8, 2012.
________________________________
MayorLouis R. Rigby
Page 7of 7
September 24, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested October 8, 2012
C. Alexander/P. FogartySource of Funds:
Requested By
Account Number:
City Manager/City Secretary
Department:
Amount Budgeted:
Report: Resolution:Ordinance:
Amount Requested:
Budgeted Item:YESNO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
City Council has traditionally held one meeting per month during the months of November and
December. Staff recommendsthe following changes to the regular meetingsschedule to
accommodatetheupcoming holidays:
Conduct regular meeting on November 12, 2012
Cancel the November26, 2012,meeting due to the Thanksgiving holidays
Conduct regular meeting on December 10, 2012
Cancel the December 24, 2012,meeting due to the Christmasholidays
Should a need arise to conduct business, a special called meeting would be scheduled.
Action Required by Council:
Consider approval or other action ofamendedmeeting dates as follows:
Cancel the November 26, 2012,meeting due to the Thanksgiving holidays
Cancel the December 24, 2012,meeting due to the Christmasholidays
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: October 8, 2012
Source of Funds:Motorpool 009
Requested By: David Mick
009-5059-522-8050
Account Number: 009-8082-551-8050
Department:Public Works
Amount Budgeted$ 313,044.00
Report: Resolution: Ordinance
Amount Requested: $ 268,315.81
Exhibits:HGAC Pricing WorksheetAmbulance
Budgeted Item:yes
Exhibits: HGAC Pricing Worksheet Bus
Exhibits2012-13 Vehicle Replacement List
SUMMARY & RECOMMENDATION
Unit 59-27, an ambulance, is scheduled for complete replacement. A quote (AM04-10) was
received from HGAC for a Type I Frazer Ambulance Module with a Dodge-4500 diesel-
powered chassis through the cooperative purchasing program. The quote totals $180,725.00
including the administrative fee from HGAC of $1,000.Amount budgeted for this unit is
$193,044.00.
Unit 82-09, a special services bus, is scheduled for replacement. A quote (BT01-11) was
received from HGAC for an Aero Elite 20 passenger bus with a Ford F550 gasoline-powered
chassis through the cooperative purchasing program. The quote totals $87,590.81, including the
administrative fee from HGAC of $600. Amount budgeted for this unit is $120,000.00.
Both units were included in the 2012-13 budget that was approved by the Council on September
10, 2012.
Action Required by Council:
Consider approval or other action authorizing the purchase of a Type I Frazer Ambulance
Module with a Dodge-4500 diesel-powered chassisand an Aero Elite bus with a Ford F-550
gasoline powered chassisthrough HGAC’s cooperative purchasing program in the amount of
$276,157.27
Approved for City Council Agenda
Corby D. AlexanderCity Manager Date
CONTRACT PRICING WORKSHEET
ContractDate
09/11/12
AM04-10
No.:Prepared:
For MOTOR VEHICLES Only
This Worksheet is prepared by Contractor and given to End User.
Worksheet MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or pri
Buying
City of La Porte EMSDallas Dodge Quote #7600C-HGAC
Contractor:
Agency:
ContactPrepared
Jason PeugeotTim Middlebrooks
Person:By:
281-471-9244214-319-1336
Phone:Phone:
281-471-0688214-319-1306
Fax:Fax:
peugeotj@laportetx.govtmiddlebrooks@kag-1.net
Email:Email:
Product
LA10Type I 14' on Dodge Ram 4500 Diesel DRW Cab/Chassis, Gen Pwrd Mo
Description:
Code:
$124,500.00
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s
(Note: Published Options are options which were submitted and pr
DescriptionCostDescriptionCost
1-Heat shielding for diesel chassis$1,500.001199-(x6) Install miscellaneous equipment $3,000.00
59-Granning air suspension system for Dodge Ram 4500$5,500.001140-Install a Voyager back up camera on the rear wall$400.00
277-Air Liquide electric O2 panel with monitor at the action wal$1,275.001142-Install a Voyager camera in the patient compartment on the $400.00
1305-All products listed in the current Stryker ÅList Price Book$16,161.001147-Install a Voyager quad view monitor in the truck cab near t$800.00
89-Buell dual 10Æ & 12Æ air horns through front bumper$800.0016-Arm rests on the console$200.00
99-Mount a fast recovery compressor for the air horn system belo$1,200.006-(2) large aluminum map holders on rear of console$350.00
1209-(x14)Lighting modification from base (each)$7,000.0028-3 receptacle 12VDC outlet, no medical diode isolator on passe$100.00
188-Squad bench cabinet w/ padding on end$600.0042-2 high glove box holder on back wall of truck cab$125.00
368-Grey EVS captain's chair with built-in child safety seat$700.00380-Install a Sharps container and bracket on the rear wall abov$75.00
185-Netting at the head of the squad bench$750.00415-Install a 2 high glove box holder on the rear wall above the$125.00
1167-3M diamond grade conspicuity tape in Chevron pattern on rea$1,500.00$16,825.00
Subtotal From Additional Sheet(s):
1171-Double 8Æ 3M reflective stripe with non-reflective pinstrip$2,700.00$62,086.00
Subtotal B:
C. Unpublished Options - Itemize below / attach additional sheet
(Note: Unpublished options are items which were not submitted an
DescriptionCostDescriptionCost
Rear Sway Bar$700.00
Knox MedVault$2,189.00
Subtotal From Additional Sheet(s):
Software package$250.003139
Subtotal C:
Total cost of Unpublished Options (C) cannot exceed 25% of the
Check:
2%
For this transaction the percentage is:
Price plus Published Options (A+B).
D. Total Cost Before Any Applicable Trade-In / Other Allowances
$189,725.00$189,725.00
Quantity Ordered: 1X Subtotal of A + B + C: =Subtotal D:
$1,000.00
E. H-GAC Order Processing Charge (Amount Per Current Policy)Subtotal E:
F. Trade-Ins / Special Discounts / Other Allowances / Freight /
DescriptionCostDescriptionCost
Trade-In-$10,000.00
-10000
Subtotal F:
Delivery Date: G. Total Purchase Price (D+E+F):
$180,725.00
CONTRACT PRICING WORKSHEET
ContractDate
09/11/12
AM04-10
No.:Prepared:
For MOTOR VEHICLES Only
This Worksheet is prepared by Contractor and given to End User.
Worksheet MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or pri
Buying
City of La Porte EMSDallas Dodge Quote #7600C-HGAC
Contractor:
Agency:
ContactPrepared
Jason PeugeotTim Middlebrooks
Person:By:
281-471-9244214-319-1336
Phone:Phone:
281-471-0688214-319-1306
Fax:Fax:
peugeotj@laportetx.govtmiddlebrooks@kag-1.net
Email:Email:
Product
Description:
Code:
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s
(Note: Published Options are options which were submitted and pr
DescriptionCostDescriptionCost
433-2 high powder coated aluminum jumbo ÅDÆ cylinder hplder in f$175.00531-There is an electric lock actuator on the side main door$300.00
439-Install a (2) high ÅDÆ cylinder holder in the O2 compartment$175.00532-There is an electric lock actuator on the rear main door$300.00
337-Extra overhead grab rails on a 14' unit$275.00541-There is an electric lock actuator on the O2 compartment doo$300.00
199-22 pocket acrylic organizer above the squad bench$450.001210-(x4)Exterior compartment and/ or structure modification (ea$2,000.00
365-175-4 dual position cot mount$100.001211-(x4)Inter compartment/ cabinet modification (each)$2,000.00
289-Mount an MDT swivel on the action wall countertop in front o$425.001191-Foam insulation in walls$1,500.00
38-(2)Furnish and install a Streamlight SL-20XP flashlight on th$400.00
327-Install a digital clock in the cushions above the rear doors$375.00
340-Install an extra O2 outlet in the ceiling raceway above the $350.00
244-This unit gets an Engel 34 qt. Refrigerator with a hasp abov$1,400.00
503-This unit gets a 3M Opticom Install a GPS antenna system (Op$6,000.00
Subtotal From Additional Sheet(s):
533-There is an electric lock actuator on the front I/O door$300.00$16,825.00
Subtotal B:
C. Unpublished Options - Itemize below / attach additional sheet
(Note: Unpublished options are items which were not submitted an
DescriptionCostDescriptionCost
Subtotal From Additional Sheet(s):
0
Subtotal C:
Total cost of Unpublished Options (C) cannot exceed 25% of the
Check:
0%
For this transaction the percentage is:
Price plus Published Options (A+B).
D. Total Cost Before Any Applicable Trade-In / Other Allowances
$16,825.00$0.00
Quantity Ordered: X Subtotal of A + B + C: =Subtotal D:
E. H-GAC Order Processing Charge (Amount Per Current Policy)Subtotal E:
F. Trade-Ins / Special Discounts / Other Allowances / Freight /
DescriptionCostDescriptionCost
0
Subtotal F:
Delivery Date: G. Total Purchase Price (D+E+F):
$0.00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 8, 2012
______N/A___________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: ___Resolution: _X_Ordinance: ___
Amount Requested: ____N/A__________
Budgeted Item: YES NO
Exhibits:
Resolutionwith proposed Section 3 Local
Opportunity Plan
Resolution No. 2010-26 with Section 3 Local
Opportunity Plan
SUMMARY
On November 8, 2010, City Councilapproved Resolution No. 2010-26adoptingaSection 3 Local
Opportunity Plan for the Hurricane Ike Texas Community Development Block Grant (CDBG) Program.
This plan needs to be updated based on the new Texas General Land Office (GLO) requirements.
Differences in the Section 3 Plan included with this proposed Resolution include changes to Provisions B
andG. Provision B changed the assignment of duties related to implementation of theplan from the
Equal Opportunity Rights Officer to the designatedSection 3 Coordinator. Provision G now requires
submission of monthly reports required by HUD or the GLOwhere they were required to HUD and the
Texas Department of Rural Affairs (TDRA)as they occurredpreviously.The City’sGrant Administrator
remains responsible for submittal of the reports,which will now occur monthly.
The Section3Local Opportunity Planis a CDBG regulation designed to provide work opportunities for
low-moderate income residents and businesses when possible.
Continued program funding for Round 2.2 is contingent upon approval of this Resolution.
_____________________________________________________________________________________________
Action Required by Council:
Considerapproval or other action of a Resolutionadopting a Section 3 Local Opportunity Plan for the
projects funded by the Texas Community Development Block Grant Program.
_____________________________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Date
Corby D. Alexander,City Manager
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 8, 2012
Source of Funds:General Fund
Requested By:Chief Adcox
Account Number:001-5253-521-4050
Department:La Porte Police Dept.
Report: XResolution:Ordinance:
Amount Budgeted:$118,000
Exhibits:Vendor Quotation
Amount Requested:$114,168
Exhibits:Financing
Budgeted Item:YES
SUMMARY & RECOMMENDATION
As discussed and approved during the 2012/2013 City Council Budget Review,the Police Department
will be transitioning away from usingstandard leased Dell lap-topcomputers in its marked patrol cars to
Titan ruggedized computer terminals. As part of this transition, the Police Department will also be
replacing all of its current in-car DVR Cameraswith improved in-car DVR Camera Systemsthat areboth
WiFicapable and integratedirectly into the new Titan computer terminals.
The above described up-grade will present several benefits for the Police Department. First and foremost,
the new integrated Coban in-car computer and DVR systems represent improved technology. The new
Titan lap-tops are ruggedized, preventing the cracking of computer screens, “heat rated”, preventing
computers from over-heating and shutting down during the summer months, and fully WiFi capable,
allowing for the automated wireless downloading of in-car video. Second, the Coban system will create
much desired uniformity among the department’s marked patrol vehicles as the existing systems were
purchased incrementally over a number of years and, although the same make, are of several different
models. This can be confusing when officers move from one patrol vehicle to another. Third, the
transition will allow the Department tobetter plan for equipment needs and expenditures over the next
five year period, since fixed equal payments will be due each fiscal year. Lastly, the Coban technologies
agreement includes a full-service maintenance contract covering the life of the agreement, 5 years.
Thesenew computer and DVR systems are being financedfor a five year period throughthe finance
agent forCoban Technologies, Bevenco National Equipment Leasing and Finance, at a fixed annual cost
of $114,168.00 The cost of maintaining the department’s current aging system wasestimated at just over
$100,000 annually.
Action Required by Council:
Consider approval or other action authorizing the Police Departmentto proceed with procurement of
Cobansystems throughHGAC.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
Contract
CONTRACTPRICINGWORKSHEET
Date
EF-04-11
9/27/2012
Prepared:
No.:
ForCatalog&PriceSheetTypePurchases
ThisWorksheetispreparedbyContractorandgiventoEndUser.IfaPOisissued,bothdocuments
MUSTbefaxedtoH-GAC@713-993-4548.Thereforepleasetypeorprintlegibly.
Buying
LaPortePoliceDepartmentCOBANTechnologies,Inc
Contractor:
Agency:
ContactPrepared
ChiefK.AdcoxLarryMarr
Person:By:
281-842-3101281-277-8288X:131
Phone:Phone:
Fax:Fax:
adcoxk@laportetx.govlarrym@cobantech.com
Email:Email:
Catalog/PriceSheet
BB-01
Name:
GeneralDescription
DigitalVideoRecordingSolution
ofProduct:
A.Catalog/PriceSheetItemsbeingpurchased-ItemizeBelow-AttachAdditionalSheetIfNecessary
Description
QuanUnitPrTotal
Edge5.7
6485029100
EdgeVMDC
389500361000
Laptop/MDCintegration
62001200
DualMicrophoneReceiver
441506600
DetachedWideAngleCamera
4425011000
Wireless802.11a/g/nAntenna
441858140
EdgeWirelesstransmitterkit
153355025
GPS
4425011000
Techsupportkit
1195195
EdgeStandardMounting
600
removableharddrivemultiuploadcradle
1950950
0
TotalFromOtherSheets,IfAny:
SubtotalA:
434210
B.UnpublishedOptions,AccessoryorServiceitems-ItemizeBelow-AttachAdditionalSheetIfNecessary
(Note:UnpublishedItemsareanywhichwerenotsubmittedandpricedincontractor'sbid.)
Description
QuanUnitPrTotal
EdgeVMDCMounting
382258550
GamberJohnsonmountsandinstallation
2784522815
accesspointandcontrollerconfigurationandtesting
45002000
0
TotalFromOtherSheets,IfAny:
SubtotalB:
33365
Check:TotalcostofUnpublishedOptions(B)cannotexceed25%ofthetotalof
Forthistransactionthepercentageis:
8%
theBaseUnitPriceplusPublishedOptions(A+B).
C.Trade-Ins/SpecialDiscounts/OtherAllowances/Freight/Installation/MiscellaneousCharges
SubtotalC:
0
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):
467575
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):467575
Contract
CONTRACTPRICINGWORKSHEET
Date
EF-04-11
9/27/2012
Prepared:
No.:
ForCatalog&PriceSheetTypePurchases
ThisWorksheetispreparedbyContractorandgiventoEndUser.IfaPOisissued,bothdocuments
MUSTbefaxedtoH-GAC@713-993-4548.Thereforepleasetypeorprintlegibly.
Buying
LaPortePoliceDepartmentCOBANTechnologies,Inc
Contractor:
Agency:
ContactPrepared
ChiefK.AdcoxLarryMarr
Person:By:
281-842-3101281-277-8288X:131
Phone:Phone:
Fax:Fax:
adcoxk@laportetx.govlarrym@cobantech.com
Email:Email:
Catalog/PriceSheet
BB-01
Name:
GeneralDescription
DigitalVideoRecordingSolution
ofProduct:
A.Catalog/PriceSheetItemsbeingpurchased-ItemizeBelow-AttachAdditionalSheetIfNecessary
Description
QuanUnitPrTotal
WirelessSiteSurvey
125002500
16TBServer
113567.0613567.06
workstationinstalaltionandconfiguration
1250250
ServerwithInternalRaidinstalaltionandconfiguration
125002500
Wirelessclientconfiguration
350150
EdgeIncarinstallation
3750018500
Incarinstallationtraining
120002000
Admin/Officertraining
125002500
Edge4thyearextendedwarranty
62501500
Edge5thyearextendedwarranty
64452670
0
0
TotalFromOtherSheets,IfAny:
467575
SubtotalA:
513712.06
B.UnpublishedOptions,AccessoryorServiceitems-ItemizeBelow-AttachAdditionalSheetIfNecessary
(Note:UnpublishedItemsareanywhichwerenotsubmittedandpricedincontractor'sbid.)
Description
QuanUnitPrTotal
Cisco1262802.11NWirelessAccessPoints
317105130
NemaEnclosures
35751725
Cisco2504controllerupto15AP's
148754875
Accesspointinstallations
410004000
TotalFromOtherSheets,IfAny:
SubtotalB:
15730
Check:TotalcostofUnpublishedOptions(B)cannotexceed25%ofthetotalof
Forthistransactionthepercentageis:
3%
theBaseUnitPriceplusPublishedOptions(A+B).
C.Trade-Ins/SpecialDiscounts/OtherAllowances/Freight/Installation/MiscellaneousCharges
Shipping
937.95
SubtotalC:
937.95
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):
530380.01
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):530380.01
Contract
CONTRACTPRICINGWORKSHEET
Date
EF-04-11
9/27/2012
Prepared:
No.:
ForCatalog&PriceSheetTypePurchases
ThisWorksheetispreparedbyContractorandgiventoEndUser.IfaPOisissued,bothdocuments
MUSTbefaxedtoH-GAC@713-993-4548.Thereforepleasetypeorprintlegibly.
Buying
LaPortePoliceDepartmentCOBANTechnologies,Inc
Contractor:
Agency:
ContactPrepared
ChiefK.AdcoxLarryMarr
Person:By:
281-842-3101281-277-8288X:131
Phone:Phone:
Fax:Fax:
adcoxk@laportetx.govlarrym@cobantech.com
Email:Email:
Catalog/PriceSheet
BB-01
Name:
GeneralDescription
DigitalVideoRecordingSolution
ofProduct:
A.Catalog/PriceSheetItemsbeingpurchased-ItemizeBelow-AttachAdditionalSheetIfNecessary
Description
QuanUnitPrTotal
DVMSMaint/SupportYear1
4425011000
DVMSMaint/SupportYear2
4425011000
DVMSMaint/SupportYear3
4425011000
0
0
0
0
0
0
0
0
0
TotalFromOtherSheets,IfAny:
530380.01
SubtotalA:
563380.01
B.UnpublishedOptions,AccessoryorServiceitems-ItemizeBelow-AttachAdditionalSheetIfNecessary
(Note:UnpublishedItemsareanywhichwerenotsubmittedandpricedincontractor'sbid.)
Description
QuanUnitPrTotal
DVMSMaint/SupportYear4
4425011000
DVMSMaint/SupportYear5
4425011000
EdgeVMDC4thyearextendedwarranty
3859522610
EdgeVMDC5thyearextendedwarranty
3869526410
TotalFromOtherSheets,IfAny:
SubtotalB:
71020
Check:TotalcostofUnpublishedOptions(B)cannotexceed25%ofthetotalof
Forthistransactionthepercentageis:
13%
theBaseUnitPriceplusPublishedOptions(A+B).
C.Trade-Ins/SpecialDiscounts/OtherAllowances/Freight/Installation/MiscellaneousCharges
Discount
-110559.01
SubtotalC:
-110559.01
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):
523841
DeliveryDate:60daysAROD.TotalPurchasePrice(A+B+C):523841
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 8, 2012
Source of Funds:IT Budget
Requested By:Jeff Suggs
00160665195007
Account Number:01598926431100
Department:Administration/IT
$110,000.00(Subscription)
Amount Budgeted:$60,000.00 (Hardware)
Report: Resolution:Ordinance:
Amount Requested: $279,946.32
(Initial
Exhibits:AT&T Agreement
$60,000 hardwarefeeand 2-year subscription)
Exhibits: DIR Contract No. DIR-SDD-646
Budgeted Item:YES XNO
Exhibits:
SUMMARY & RECOMMENDATION
TheCity’s IT Division would like to implement a virtual desktop program for at least seventy five (75)
desktop computers throughout the City.A virtual desktop means that a user’s desktop environment is
stored remotely on a server, rather than on a local PC or other computing device.This provides
employees with full access to their complete Citydesktop from multiple devices, such as employee’s
home PC, smart phone or iPad. Easy access to a virtualized desktop can enhanceproductivitybecause all
that employeeswillneed to work is an Internet connection from any device, anywhere.
The City proposes entering into an agreement with AT&T for Virtual Desktop Integration(VDI)Services
utilizing a State of Texas Department of Information Resources (DIR) Contract (#DIR-SDD-646).
Purchasing items through DIR contracts enables the DIR to leverage the purchasing power of all agencies
when negotiating contracts with the vendor community. Utilizing DIR contracts can providefor reduced
information technology costs, decreased administrative costs, and common IT procurement processes.
The term of this agreement will be for two (2) years. There is an initial hardwarefee of $60,000.00and
the annual cost for the subscription is $109,968.
DESCRIPTIONCHARGES
Initial Hardware:
$60,000.00
HardwareTotal$60,000.00
Monthly Recurring Fees:
VDI(Monthly)$9,164.43
24 Month Total$219,946.32
Total VDIPrice:$279,946.32
Staff recommends approval of the agreement with AT&T(See attached agreement).DIR Contract #DIR-
SDD-646 is also attached for Council’s review.
Project Benefits, Liabilities, and Operating Costs:
The goal of this project is to reduce the amount of hardware maintained by theCity, reduce energy costs,
provide better service by making the user desktop available to staff in the field and reduce the overall cost
of maintaining the computer fleet.As with many other programs, the IT Division’s goal is to move as
many applications to a cloud-based internet environment as possible.
Shouldthis project not be approved, the City would continue to lease computers. Moving to the VDI
reduces the amount of downtime that currently takes place when a computer fails. Currently, downtime
for leased computers can impact the response time and workload of the IT Division. VDI services also
provide greater redundancy for disaster operations. As long as there is an internet connection, employees
can log into the virtual desktop and not haveto rely on a specific computer that may have been damaged.
As with most technology, there is an initial cost to implement services. Initially, there is a slight increase
over traditional processes that are currently in place. If the choice is made to continue expanding VDI
services in the future, there will be a continued increase to the current operating budget. The IT Division
feels the benefits to this system, as mentioned above, will outweigh this increase in costs.
Action Required by Council:
Consider approval or other action of an agreement with AT&T for Virtual Desktop Integration (VDI)
servicesutilizing DIR Contract #DIR-SDD-646.
Approved for City Council Agenda
Corby D. Alexander,CityManagerDate
AT&T Network Integration Services
Agreement
DIR-SDS-646
135688UA
161411.1
AT&T Network Integration Tracking ID:
Document Version Date _ #:09/25/12ver5.0_VDI
CUSTOMER Legal Name AT&T Corp.("AT&T") (designate other entity AT&T Branch Sales Contact Name
(Customer) if signing entity other than AT&T Corp)
City of La Porte AT&T Name: Todd Winkle
CUSTOMER AddressAT&T Corp. Address and ContactAT&T Branch Sales Contact
Information
Street Address: 604 W Fairmont One AT&T Way Address: 3854 American Way
Pkwy Bedminster City: Baton Rouge
City: La Porte NJ State / Province: LA
State / Province: TX 07921-0752 Country: USA
Country: USA Contact: Master Agreement Support Team Domestic / Intl / Zip Code: 70816
Domestic / Intl / Zip Code: 77571-Email : mast@att.comFax:
6215 Email: todd.winkle@att.com
Sales/Branch Mgr: John Hagan
SCVP Name: Christopher Roy
CUSTOMER ContactAT&T Address and Contact AT&T NI Contact Information
Name: Jeff Suggs Name: Name: Jaymee Jusko
Title: IT Director Title: Address: 1472 Edinger Avenue
Telephone: 2814715020 Telephone: City: Tustin
Fax: Street Address: State / Province: CA
Email: suggsj@laportetx.govCity: Country: USA
State / Province: Domestic / Intl / Zip Code: 92780
Country: Telephone: 714-247-0868
Domestic / Intl / Zip Code: Email: jaymee.jusko@att.com
NOTICES TO CUSTOMERNOTICES TO AT&T
[Name]City of La Porte AT&T Corp
[Address] 604 W Fairmont Pkwy One AT&T Way
[City, State, Postal Code] LaPorte, Bedminster, NJ 07921-0752
TX 775716215 U.S.A.
[Country] USA Attention: General Attorney
Attention: [Name, Title] Jeff
Suggs, IT Director
CUSTOMER Billing Address
Street Address: City of La Porte
City: LaPorte
State / Province: TX
Country: USA
Domestic / Intl / Zip Code:
775716215
This Agreement for AT&T Network Integration Services (hereinafter, Agreement) is effective on the later of the dates when signed by
both the Customer and AT&T (the Effective Date).
AGREED: AGREED:
CUSTOMER: City of La PorteAT&T
By:_________________________________________ By:____________________________________________
(Authorized Agent or Representative) (Authorized Agent or Representative)
(Typed or Printed Name) (Typed or Printed Name)
(Title) (Title)
(Date) (Date)
ATTUID: jj1767
AT&T and Customer Proprietary Confidential Page 1 of 17
Do not disclose or duplicate
AT&T Network Integration Services
Agreement
Appendix C to DIR Contract No. DIR-SDD-646
MS-004-2012
SERVICE AGREEMENT NO.
THIS SERVICE AGREEMENT NO. : MS-004-2012 (the "Service Agreement") is made and entered into this
_25th_day of ____September______, between City of La Porte ("Customer"), and AT&T ("Vendor" or AT&T).
This Service Agreement is entered into between Customer and AT&T pursuant to the DIR Contract No. DIR-SDD-
646 (Contract). Customer and AT&T agree that: (i) except to the extent expressly provided otherwise in this
Service Agreement, all the terms and definitions of the Contract are incorporated by reference into this Service
Agreement, (ii) the schedules and exhibits attached hereto are incorporated by this reference, and (iii) in the event of
any inconsistent or contradictory terms between the Contract and the Service Agreement, the terms of the Contract
shall control. This Service Agreement is effective on the date of last execution (Effective Date).
Customer and Vendor hereby agree as follows:
1. DEFINITIONS
All defined terms that are used in the Contract will have the same meaning in this Service Agreement. In addition,
for purposes of this Service Agreement, the following terms shall have the indicated meanings:
Service Commencement Date means the date AT&T and Customer agree specified contracted Services are
operational and AT&T begins to take the first help desk calls for Services pursuant to the Operations Plan Outline.
2. TERM
The term for Service provided under this Service Agreement (the Term") shall begin as of the Service
Commencement Date and shall continue until 24 months, unless earlier terminated or renewed in accordance with
the provisions of this Service Agreement or Section 8.B. of the Contract.
3. TERMINATION
3.1 TERMINATION. Customer may terminate this Service Agreement in accordance with Section 8.B of the
Contract and this Section 3.
3.2 CONVENIENCE TERMINATION FEE. If Customer terminates this Service Agreement for convenience in
accordance with Section 8.B.3 of the Contract, the following termination charges shall apply: [Termination fee
formula will be referenced as agreed upon in the DIR contract.]
4. SERVICE ELEMENTS
AT&T will provide City of La Porte with a VDI services environment.
5. PRICING
5.1 Customer will be invoiced for Virtual Desktop Integration Services at $9,164.43 per month for 24 months.
5.2 INVOICES FOR CHARGES AND EXPENSES.
Invoice submission and payment shall be in accordance with the Contract.
6. PERFORMANCE STANDARDS
See Scope of Work
7. CUSTOMER SITES
604 W. Fairmont Pkwy, La Porte, TX 77571
8. TRANSITION PLAN
See Scope of Work
9. CUSTOMER HISTORICAL SERVICE BASELINE
AT&T and Customer Proprietary Confidential Page 2 of 17
Do not disclose or duplicate
AT&T Network Integration Services
Agreement
10. AFFECTED EMPLOYEES
City of La Porte employees.
11. THIRD PARTY AGREEMENTS
12. PURCHASED EQUIPMENT
If Customer must purchase equipment, the equipment must be purchased from a DIR contract as required by statute
or Customer must receive an exemption approval.
13. OPERATIONS PLAN OUTLINE
See Scope of Work
14. OTHER
N/A
IN WITNESS WHEREOF the Parties have executed this Service Agreement as of the day and year first above
written.
CUSTOMER AT&T
By:_______________________ By:_________________________
Name:_____________________ Name:_______________________
Title::______________________ Title:________________________
Date:_______________________ Date:________________________
AT&T and Customer Proprietary Confidential Page 3 of 17
Do not disclose or duplicate
AT&T Network Integration Services
Agreement
EXHIBIT 1: STATEMENT OF WORK
1. Introduction
This Statement of Work (SOW) is attached to the NI Pricing Schedule and made a part thereof upon execution.
The Parties to this Statement of Work (SOW) are AT&T Corp. (AT&T) and City of La Porte (Customer).
Services not specifically provided for hereunder are outside the scope of this SOW. Change Control will be
processed by the Parties pursuant to procedures detailed herein.
AT&T reserves the right to withdraw this SOW or modify the prices and any other terms and conditions,
including, but not limited to, any section of this SOW (i) if the SOW is not signed by Customer and AT&T by
October 31, 2012, and/or (ii) the engagement does not commence within thirty (30) calendar days of the
Effective Date.
1.1 Definitions:
·
Supplier: AT&T Corporation
·
Services means hosted servers as operated by AT&T
·
Deliverables means functional tasks performed by AT&T and Customer for each Service
·
HYPERSTACK means the Suppliers Virtualized Server Hosting Services solution. Responsibilities listed
under each HYPERSTACK BLOCK will be provided by Supplier
·
CORE means the fundamental build of the host platform, including physical, network, and application
layers
·
BLOCK Means specific hosting packages with variable feature sets
·
Server means an individual VM supporting a Customer or Supplier provided application
·
Provisioning Date is defined as the date on which the service is enabled by AT&T for Customer use
·
Billing Start Date is defined as fourteen (14) calendar days after the Provisioning Date. Billing of the
service begins on the Billing Start Date.
·
Policy & Procedures Manual means the final operations document created for each Customer to identify
specific operating procedures, processes, roles and responsibilities and escalation procedures
·
SPOC means the Customer or supplier Single Point of Contact
·
TAC means the Suppliers Technical Assistance Center
·
MACD means any Customer Moves, Adds, Changes and Deletes
·
MRC means the Customers billed monthly recurring charges
·
NRC means the Customers billed non recurring charges
·
Non Managed means the VMs and applications are not monitored or managed. Circuits and Core Network
infrastructure is managed.
·
VDI means Virtual Desktop Integration
·
VCC means Virtual Client Computing
2. Scope of Work
2.1 Services
AT&T will provide City of La Porte with Virtual Desktop Integration Services (VDI, the Project). AT&T
services will be performed at Customers location, 604 W. Fairmont Pkwy, La Porte, TX 77571.
2.2 Project Timeline Dates:
2.2.1 VDI
Start Date: Estimated October 2012
End Date: Twenty-four (24) calendar months after Effective Date of VDI project start date
3. AT&T Responsibilities, Tasks and Deliverables
AT&T will be responsible for executing the following activities. Activities not expressly included in this SOW are
outside the scope.
3.1Material/Equipment provided by Supplier
·
Network Routers (Core, Distribution, Service)
·
Fabric/UCS Infrastructure
·
Firewalls
·
Servers/UCS
·
Storage/SAN
·
Virtualization Infrastructure Licensing
3.2 Project Management. In support of the Services provided to Customer, Supplier shall provide:
Project and service delivery managers oversee the entire Customer opportunity from start to finish, and work
with Customers staff to custom plan, integrate, implement and support the virtual transition.
·
Transition meetings with Customer
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·
Support Processes and Procedure development
·
Support Scoping and Change Management
·
Project or Transition plan showing timelines, contacts and technicians to be used in electronic format.
·
Milestones and Objectives
·
Final Transition Testing and Acceptance
3.3 Staging Infrastructure Configuration
·
See above
·
Detailed Migration Plan delivered with signed agreement and after initial planning and discovery
meetings
3.4 Installation and Configuration
·
See above
·
Detailed Migration Plan delivered with signed agreement and after initial planning and discovery
meetings
3.5 Test and Turn-up
·
Supplier will test connectivity to end Customer network
·
Supplier will confirm client side visibility to the host
·
Provide Cooperative External Testing of Each Application with Customer
3.6Training n/a
4.0Change Control Process
In the event either Party requests a change, it will submit the requested change in writing to the other Party,
substantially in the form of Appendix B to this SOW. The receiving Party shall issue a written response within
five (5) business days of the receipt of the request, indicating whether the receiving Party accepts or rejects the
change(s).
5.0 Acceptance/Approval
·
Acceptance shall be met when the VDI Servers are tested during the Pre-Steady State period, and the
connectivity from the Customers site to the host has been tested and confirmed. Acceptance will not be
delayed for any reason including Customers schedule to load VMDX files, applications, or any additional
Customer side testing.
·
This agreement does not include any trial periods.
·
In the event the Customer does not accept the services, the Customer will notify supplier in writing of all
deviations from the requirements and specifications in Suppliers performance, including any deviations
identified by Customer.
·
Supplier shall resolve the deviations(s) promptly within a time period specified by the Customer. Once all
deviations have been resolved to the Customers reasonable satisfaction, the agreement will be executed.
5.1 Contacts: To Be Determined
6.0 Virtual Private Cloud Project estimated to begin October 2012 timeframe
1. Full VPC Set Up Support Dedicated Private-Stack Solution
a. Design and On Domain Deployment
b. Network Connectivity and VPN Turn Up
c. Custom Configuration and Support of VM, UCS, and SAN
d. Migration Planning
e. Host VM Build
f. Knowledge Transfer
g. Pre-Steady State Monitoring
h. Pre-Steady State Changes
i. Steady State Support
2. Customized & Flexible Architecture
a. Dedicated USC Blade
b. Dedicated SAN Storage
c. Hypervisor Licensing
d. Change Management
e. Live Image Migration
f. Local Nightly Back Ups
3. Administrative Access and Control
4. Administrative Knowledge Transfer
5. 7x24x365 Eco System Managed Services
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a. Blade Performance Monitoring
b. VM Performance Management
c. NetFlow Management
d. Security / IDS Management
e. Storage Monitoring and Management
f. Automated Patch Management
g. Automated Asset Management
h. Anti Virus
6. 7x24 T1-T3 VPC Help Desk Support
a. hVPC Management
b. Hypervisor Support
c. As part of the Help Desk Services, SUPPLIER shall
i. Serve as a SPOC for the authorized users to contact the Help Desk;
ii. Receive, track, manage, escalate, and resolve problems and service Requests in accordance
with the technologies supported as defined in the Policy & Procedures Manual.
iii. Provide a Help Desk Service tracking system
iv. Perform Level 1 support, as identified for the Authorized Users;
v. Coordinate Level 2 support and Level 3 support, which may include coordinating and
cooperating with Customer, Customer third party contractors or managed third parties, while
retaining responsibility for tracking the problem through resolution or tracking the service
request in accordance with the Policy & Procedures Manual; Level 1 support, Level 2 support,
and Level 3 support have the following meanings.
vi. Perform Authorized User account management functions, as defined in the Policies and
Procedures Manual appropriate;
vii. Provide event management reporting
7. 7x24x365 Host and VM Managed Services
a. Overview: The I-SITE Network Management System (NMS) LAN/WAN Network Services are based on
Life Cycle Solutioning for the Host environment. The I-SITE NMS Managed Services Portfolio includes
7x24x365 Management of host core routers, switches firewalls, servers and load balancers, as well as
Customer VMs and supported applications. The program implements proven remote tools, automated
routines, documented processes and skilled technical resources.
b. Major Functions:Without limiting the intended scope of the managed service, listed below is a
description of the functions and key tasks AT&T will provide as part of the management responsibilities.
Further details around each of these functions and key tasks are described in the Responsibility Matrix
of this Schedule.
c. As part of the support, AT&T shall Provide:
i. Provide Transition support to the client including:
1. Dedicated/Shared Team Assignments
2. SPOC & Escalation Review
3. VPN or Circuit Connectivity Set UP
ii. 7x24x365 Management
1. Monitoring of Core Host LAN/WAN Network CPE
2. Monitoring of Customer VM Environment on Host
3. 7x24x365 Management and Fault Remediation
4. T1-3 Technical Support
5. Configuration Management
6. OS and Patch Management
7. Incident Management and Problem Management
8. Change Management
9. End-User and System Access Administration Support TAC
10. Service Level Management
11. Patch Release Management
12. System Back-up and Restore.
13. Event Logging
14. Performance & Capacity Management
15. Reporting Fault Restoration
16. SLA Management
17. Asset Tracking & Management
8. Tier 1-Tier 3 Support
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SHMS provides T1-T3 Help Desk and TAC support for clients requiring assistance in supporting users in the
hosted mail environment. Customers can choose to support their users at the T1 level, and escalate all T2 and
T3 calls to SHMS TAC, or elect to have comprehensive support for all users questions and concerns.
Overview of Services
AT&T shall be responsible for receiving, tracking, managing, escalating and resolving designated Problems and
Service Requests from the Customer and each Authorized User. In addition, AT&T shall be responsible for
escalating and resolving those Problems and Service Requests arising from or relating to any of the Services.
AT&T shall implement and maintain processes and procedures that are Customer satisfaction focused and
designed to minimize redundant contacts by Authorized User(s). Such processes and procedures shall be
described in the Policy & Procedures Manual and include designating individual AT&T Personnel as a single
point of contact (each a SPOC) that has end-to-end responsibility for each Problem and Service Request and
shall work with designated Customer personnel.
Major Functions
Without limiting the intended scope of the Help Desk Services, listed below is a description of the functions and
key tasks AT&T will provide as part of the Help Desk Services. Further details around each of these functions
and key tasks are described in the Responsibility Matrix of this Schedule.
As part of the Help Desk Services, AT&T shall:
·
Serve as a SPOC for the Authorized Users to contact the Help Desk;
·
Receive, track, manage, escalate, and Resolve Problems and Service Requests in accordance with the
technologies supported, Policy & Procedures Manual and the Service Levels. Resolve means solving a
Problem to each Authorized Users satisfaction and closing the applicable Problem ticket or Service
Request.
·
Provide a Help Desk Service tracking System that satisfies AT&T Help Desk Service and Problem
Management related obligations under the Agreement. Such Help Desk Service tracking System shall
include asset information for each Authorized User as made available, and such other information as
required by the Policies and Procedures Manual;
·
Provide Internet access to AT&T System Task Enterprise System or developed self-help System approved
by Customer;
·
Perform Level 1 Support for the Authorized Users;
·
Coordinate Level 2 Support and Level 3 Support, which may include coordinating and cooperating with
Customer, Customer Third Party Contractors or Managed Third Parties, while retaining responsibility for
tracking the Problem through Resolution or tracking the Service Request in accordance with the Policy &
Procedures Manual; Level 1 Support, Level 2 Support, and Level 3 Support have the following
meanings.
Level 1 Support means support that is provided as the entry point for inquiries or problem reports from
Authorized Users. If Level 1 Support cannot resolve the inquiry or problem, the inquiry or problem is directed to the
appropriate Level 2 Support or third party for resolution.
Level 2 Support means support that serves as a consolidation point for inquiries and problems between Level 1
and Level 3. For example, Level 2 support might exist in a computer operations or a distribution/mail out center. If
Level 2 Support cannot resolve the inquiry or problem, the inquiry or problem is directed to the appropriate Level 3
Support or third party for resolution. Inquiries or problems to this level are usually referred by Level 1 Support
personnel, but may be initiated directly by Authorized Users or AT&T, as approved by AT&T.
Level 3 Support means support provided by the personnel or third party that is most knowledgeable and
experienced about the underlying problem or question and is utilized when efforts to resolve the problem or
question by Level 1 and Level 2 Support have failed or are bypassed. Inquiries or problems are usually reported to
Level 3 Support by Level 1 or Level 2 Support personnel, but may be initiated directly by Authorized Users or
AT&T, as approved by AT&T.
·
Provide trending analysis of Help Desk calls, which may include analysis based on the following type of
data: Service Requests, Problems, Severity Levels, Customer business unit, Eligible Recipient, and
Customer Site, as applicable;
·
Provide Help Desk Systems, infrastructure, and processes, including business continuity to ensure
continuous Help Desk Service;
·
Perform Authorized User Account Management functions, as defined in the Policies and Procedures
Manual appropriate;
·
Provide event management reporting; and
·
Support remote access connectivity for remote computers accessing the Customer network.
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Help Desk Services Process Requirements
As part of the Help Desk Services, AT&T shall comply with the following in its performance of the Help Desk
Services.
a. AT&T will implement and maintain a Help Desk for Customer that will support extended
coverage (i.e., 24x7x365), in English.
b. AT&T will maintain a toll-free number for Help Desk Services such that callers within the
United States and Canada shall not incur long distance charges to reach the Help Desk;
c. AT&T shall provide and use the appropriate resources, documentation, reports, procedures,
Systems and tools and management methodologies to administer, comprehensively manage
and reliably support the provision of the Help Desk Services in accordance with the Policy &
Procedures Manual;
d. AT&T will provide Level 1 Support for the Authorized Users;
e. AT&T will provide authorized Customer personnel with the ability to search historical and
current Service Requests and resolutions of Problems and associated scripts and questions
under SYSTEMTASK Enterprise, AT&T Problem and Service Requests Tracking System and
Common Knowledge Management;
f. AT&T will provide Customer Authorized Users with the ability to search historical and current
Service Requests and perform self help enabled by SYSTEMTASK Enterprise system;
g. AT&T will provide status updates with respect to Problems and Service Requests to the
Authorized Users who call the Help Desk or via self-help tools;
h. AT&T will follow the procedures set forth in the Policy & Procedures Manual with respect to
adjusting Severity Levels and resolving and/or escalating Problems;
i. AT&T will perform a Root Cause Analysis and implement a corrective action process to
accelerate Resolution of repetitive Problems of a similar nature and eliminate the root cause of
such Problems;
j. AT&T will work to reduce the overall Resolution time for Problems;
k. AT&T will provide network connectivity as necessary for Help Desk Services and shall
maintain such connectivity without performance degradation;
l. AT&T shall provide Authorized Users basic how-to training through the Help Desk Services in
the operation of the hardware and client software;
m. AT&T will handle very important personnel (e.g., Customer executives) (each a VIP) calls to
the Help Desk in accordance with the Policy & Procedures Manual;
n. Customer will provide reply and remediation scripts as available, or work with AT&T to develop
and approve such scripts to better remediate issues in a timely fashion.
o. In addition to meeting the Service Levels, AT&T will establish and maintain, with Customers
agreement, a set of service targets for performing administrative support services (for
example, resetting of passwords, calling card activation/deactivation) and report upon the
services being realized, on a monthly basis.
Responsibility Matrix
The Help Desk Services include the functions, responsibilities, activities, tasks and projects allocated to
AT&T and described below in the Responsibility Matrix. Customer will perform the responsibilities allocated
to Customer in the Responsibility Matrix.
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9. Migration Services:
AT&T offers a customized and tailored approach towards supporting Customers Transition and Migration to the
hosted solution. AT&T follows best practices in preparation, environment set up, data migration, risk
management, and integrity testing by supporting the Migration in 4 phases: Transition Support, Migration
Support, Pre-Steady State Support and Post-Steady State Support.
AT&T works closely with the Customer to understand the Customers network, access and connectivity
requirements and preferred migration timelines, then finalizes the Migration Plan to meet those specific
requirements and preferences. During the initial Customer Transition meetings, the discovery process uncovers
specific Customer/host migration peer to peer contacts, technical requirements, milestones and predecessors.
Transition Support: During the Transition phase of the project, and led by a SPOC and dedicated Project
Manager, AT&T provides a technical team to include the following resources: a Senior Network Engineer, a
Senior Security Engineer, a Senior VM and Host Engineer, and a Senior Mail/Migration Engineer. By
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providing a teaming approach, AT&T seeks to identify peer-to-peer interaction on the Customer side to most
efficiently perform the Transition Phase of the project.
The Transition Phase of the project is intended to prepare for Migration. During the Transition Phase, teams
are identified, topology discovery is performed and custom dependencies, milestones and target dates are
determined. Because each Customer has unique environments and internal support experience or
limitations, this phase is intended to clearly understand both the Customer specific technical and process
requirements for the Migration to occur with precision and timeliness.
The following outline describes at a high level the Transition responsibilities:
a. Supplier Internal Review & Transition Preparation
b. Supplier / Client Review
i. Network & Firewall Configuration Review
ii. Circuit Connectivity Requirements & Scheduling
iii. Profiling of Users
iv. Grouping Mail Users
v. Active Directory / Authentication Trust
vi. Timelines and Cut Over Objectives
vii. Predecessors and Dependencies Review
viii. Cross-Domain/Intra-Domain Configuration Confirmation
c. Internal Environment Preparation
i. Mail Servers Set Up
ii. Spam Virus Server Set Up
iii. Archiving Server Set Up
iv. Active Directory Trust Set Up & Testing
v. Alternate VM Server Set Up as required
vi. Connectivity Preparation
d. Co-Existence Set Up: Co-existence is the recommended method to migrate users over the wire
and have both servers operating in a production environment at the same time.
i. Connect Hooks from Host to Customer GroupWise Environment
ii. Test Connectivity between Host and Customer environment with Customer Administrator
e. Administrative Access Knowledge Transfer with Customer
Migration Support: The Migration Phase addresses the tactical migration of data. Migration is broken into
logical methodologies including Pre-Deployment Assessments, Test User Migration & Confirmation, Data
Integrity Assessments, and segmented User Migration (pre-defined user groups) and Testing.
The Migration process is done in a pre-planned method where subsets of users are moved to the host and
tested to confirm data integrity. Consistent communication between the suppliers dedicated PM and
migration team and the Customers Administrator(s) are provided with each subset of users and subsequent
test. Reports are delivered with each milestone as defined below. AT&T follows strict but efficient migration
strategy to allow for not only timely migration but also the pro-active management of data integrity.
f. Pre-Deployment Data Integrity Assessment as required
g. Confirmation of User Groups
h. Test Data Migration
i. Migrate Test User Group Typically Admins, IT Staff
ii. Test Data Integrity Assessment
iii. Customer Verification of Data
iv. Supplier VM Replication Testing
i. Migration of User Group 1:
i. Migration of Data
ii. Testing of Data Integrity
iii. Customer Verification of Data Accessibility
iv. Manual Remediation as Required
j. Migration of User Group 2 etc.
k. MX Records Swing
i. MX Records follow the bulk of mail
Pre-Steady State Tuning & Knowledge Transfer: Pre-Steady State Tuning is defined by a two week time
period after final migrated users base. During this time, the host is in production, but the Supplier expects
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that there may be fine-tuning of the hosted environment and training to best prepare user and administrators
to operate comfortably in the new environment.
l. User Access Questions
m. Smart Phone Access Questions
n. Anti-Spam Settings Tuning
o. Customer Administrative Access
i. Mail
ii. AS/AV
iii. Archive
p. User Knowledge Transfer GroupWise to Exchange
i. Web Ex Options
ii. Onsite Options
iii. Leave Behind How To Documentation
q. Administrative Knowledge Transfer - GroupWise to Exchange
i. Web Ex Options
ii. Onsite Option
8. Project Time Frame and Service Hours
(a) The Services provided hereunder shall be performed Monday through Friday, 9:00 a.m. to 5:00 p.m.,
local time excluding designated AT&T holidays (Normal Business Hours), unless otherwise noted
herein.
AT&T Designated HolidayDate Observed
New Years Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving 4th Friday in November
Christmas Day December 25
(b) Hourly rates for Services provided outside of Normal Business hours are set forth below in pricing
section; AT&T will invoice Customer at this rate for any such Services requested in writing by the
Customer.
Fees and Charges
9.
9.1 AT&T shall provide the Services for the Charges stated below for 24 months. See Table below for
breakdown of VDI Pricing with minimum 75 desktops. Pricing is based on bundled rates with the Hosted
Exchange Services provided under separate contract. Hosted Exchange must also be implemented by
December 31, 2012 for pricing to remain valid.
9.1.1 VDI Pricing:
Charges
Description
One Time Fees:
VDIWAIVED
NRC TOTAL:$0.00
Monthly Recurring Fees:
VDI$9,164.43
24 Month TOTAL:$219,946.32
Total Contract Pricing:$219,946.32
9.2 Additional Pricing Terms and Conditions
(a) Defined Scope. Pricing is based on the currently defined Scope of Work and valid through October 31,
2012. Pricing is also based on a minimum of 75 desktops. Any additions or changes to this SOW will
necessitate changes in pricing. Pricing herein assumes no project delays will occur that would require
AT&T to stop work. AT&T will not be held financially responsible for project delays outside of its control
(b) Invoicing. AT&T will invoice any One-time fees upon contract signature. AT&T MRC invoices will be
presented on a monthly basis and will cover Services and any one-time charges provided during the
previous calendar month. Pricing does not include shipping or applicable taxes.
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NOTE: VDI must be implemented by December 31, 2012. Pricing is based on bundled rates with the
Hosted Exchange Services provided under separate contract. Hosted Exchange must also be implemented
by December 31, 2012 for pricing to remain valid.
(c) Travel and related Expenses. Pricing does not include expenses for AT&T travel to Customers
facilities. Standard business expenses (e.g., transportation, food, lodging) incurred by AT&T in
connection with delivery of the Services will be billed at cost as a separate line item on Customers
invoice. AT&T personnel will incur travel expenses only after receiving permission from Customers
authorized Project Manager.
(d) Time and Material ("T&M") Rate. In the event that the scope of work changes from the described
services in this SOW or AT&T is requested to perform Services outside of Normal Business Hours,
AT&T will bill Customer at the T&M rate of one hundred forty dollars ($140.00) per hour per AT&T
Consultant for the additional time spent on the change requests. All such out of scope matters will be
handled via the Change Control process outlined herein.
10. Engagement Assumptions
This SOW is based on the following assumptions. If any of these assumptions are found to be inaccurate or
invalid, AT&T shall provide Customer with the changes to the scope, tasks, deliverables or terms and conditions
of this SOW via the Change Control Process described in this SOW.
·
Customer will provide AT&T with requested information in a timely manner, and takes full responsibility
and liability for the accuracy of all information supplied to AT&T by Customer and which AT&T relies
upon in its performance hereunder.
·
Customer will comply with all responsibilities identified in the Customer Responsibilities section herein.
In addition, Customer takes full responsibility and liability for the accuracy of all information supplied to
AT&T by Customer and/or its representatives upon which AT&T relies on in the performance of this
Agreement.
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Table 1: VDI 75 Minimum
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APPENDIX A: Network Build
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APPENDIX B: SAMPLE CHANGE REQUEST FORM
Type of Request:
Initiator (Company):
Change Request
Received by:
Price Impact:
AT&T Additional
Resources Reqd:
Task Description:
Other information related to Change:
Impact of Change
Provide a description of the impact of the change (increase in duration, delay in start, cut-over date change, added
dependency, additional resources required change to design, change to baseline solution, other).
AGREED and ACCEPTED:AGREED and ACCEPTED:
CUSTOMER:AT&T
By:______________________________________ By:___________________________________________
(Authorized Agent or Representative) (Authorized Agent or Representative)
(Typed or Printed Name) (Typed or Printed Name)
(Title) (Title)
(Date) (Date)
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Appendix A
Standard Terms and Conditions For Services Contracts
Table of Contents
1.No Quantity Guarantees......................................................................................................... 1
2.Definitions.............................................................................................................................. 1
3.General Provisions.................................................................................................................2
A.Entire Agreement..........................................................................................................2
B.Modification of Contract Terms and/or Amendments..................................................2
C. Invalid Term or Condition............................................................................................2
D.Assignment...................................................................................................................2
E.Survival......................................................................................................................... 3
F.Choice of Law............................................................................................................... 3
4.Contract Fulfillment and Promotion...................................................................................... 3
A. Service, Sales and Support of the Contract................................................................... 3
B.Internet Access to Contract and Pricing Information................................................... 3
1) Vendor Website...................................................................................................... 3
2) Accurate and Timely Contract Information............................................................ 3
3) Website Compliance Checks.................................................................................. 3
4) Website Changes..................................................................................................... 3
5) Use of Access Data Prohibited............................................................................... 4
6) Responsibility for Content...................................................................................... 4
C.DIR Logo...................................................................................................................... 4
D. Vendor Logo................................................................................................................. 4
E.Trade Show Participation.............................................................................................. 4
F.Performance Review Meetings..................................................................................... 5
G.DIR Cost Avoidance..................................................................................................... 5
5. Purchase Orders, Invoices, and Payments............................................................................. 5
A.Purchase Orders............................................................................................................ 5
B.Invoices......................................................................................................................... 5
C.Payments....................................................................................................................... 5
6.Contract Administration......................................................................................................... 5
A.Contract Administrators................................................................................................ 5
1) State Contract Administrator.................................................................................. 5
2) Vendor Contract Administrator.............................................................................. 6
B.Reporting and Administrative Fees.............................................................................. 6
1) Reporting Responsibility........................................................................................ 6
2) Detailed Monthly Report........................................................................................ 6
3) Historically Underutilized Businesses Subcontract Reports................................... 6
4) DIR Administrative Fee.......................................................................................... 6
5) Accurate and Timely Submission of Reports......................................................... 7
C.Records and Audit......................................................................................................... 7
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Standard Terms and Conditions For Services Contracts
D.Contract Administration Notification........................................................................... 8
7.Vendor Responsibilities......................................................................................................... 8
A.Indemnification............................................................................................................. 8
B.Taxes/Worker’s Compensation/UNEMPLOYMENT INSURANCE.......................... 9
C.Vendor Certifications.................................................................................................. 10
D.Ability to Conduct Business in Texas......................................................................... 11
E.Equal Opportunity Compliance.................................................................................. 11
F.Use of Subcontractors................................................................................................. 11
G. Responsibility for Actions.......................................................................................... 11
H.Confidentiality............................................................................................................ 12
I.Security of Premises, Equipment, Data and Personnel............................................... 12
J.Background and/or Criminal History Investigation.................................................... 12
K.Limitation of Liability................................................................................................. 12
L.Purchase of Commodity Items (Applicable to State Agency Purchases
Only)........................................................................................................................... 12
M.Overcharges................................................................................................................ 13
N.Prohibited Conduct..................................................................................................... 13
8.Contract Enforcement.......................................................................................................... 13
A.Enforcement of Contract and Dispute Resolution...................................................... 13
B.Termination................................................................................................................. 14
1) Termination for Non-Appropriation..................................................................... 14
2) Absolute Right...................................................................................................... 14
3) Termination for Convenience............................................................................... 14
4) Termination for Cause.......................................................................................... 14
a)Contract........................................................................................................... 14
b) Purchase Order................................................................................................ 14
5) Customer Rights Under Termination.................................................................... 15
6) Vendor Rights Under Termination....................................................................... 15
C.Force Majeure............................................................................................................. 15
9.Notification.......................................................................................................................... 15
A.Notices........................................................................................................................ 15
B.Handling of Written Complaints................................................................................. 15
10.Captions............................................................................................................................... 16
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Standard Terms and Conditions For Services Contracts
1.No Quantity Guarantees
The Contract is not exclusive to the Vendor. Customers may obtain services from other
sources during the term of the Contract. DIR makes no express or implied warranties
whatsoever that any particular quantity or dollar amount of services will be procured
through the Contract.
2.Definitions
A.Customer
- any Texas state agency, unit of local government, institution of higher
education as defined in Section 2054.003, Texas Government Code, and those state
agencies purchasing from a DIR contract through an Interagency Agreement, as
authorized by Chapter 771, Texas Government Code, any local government as
authorized through the Interlocal Cooperation Act, Chapter 791, Texas Government
Code, the state agencies and political subdivisions of other states as authorized by
Section 2054.0565, Texas Government Code, and, except for telecommunications
services under Chapter 2170, Texas Government Code, assistance organizations as
defined in Section 2175.001, Texas Government Code to mean:
i.A non-profit organization that provides educational, health or human
services or assistance to homeless individuals;
ii.A nonprofit food bank that solicits, warehouses, and redistributes edible
but unmarketable food to an agency that feeds needy families and
individuals;
iii.Texas Partners of the Americas, a registered agency with the Advisory
Committee on Voluntary Foreign Aid, with the approval of the Partners
of the Alliance Office of the Agency for International Development;
iv.A group, including a faith-based group, that enters into a financial or
non-financial agreement with a health or human services agency to
provide services to that agency’s clients;
v.A local workforce development board created under Section 2308.253;
vi.A nonprofit organization approved by the Supreme Court of Texas that
provides free legal services for low-income households in civil matters;
vii.The Texas Boll Weevil Eradication Foundation, Inc., or an entity
designated by the commissioner of agriculture as the foundation’s
successor entity under Section 74.1011, Texas Agriculture Code;
viii.A nonprofit computer bank that solicits, stores, refurbishes and
redistributes used computer equipment to public school students and
their families; and
ix.A nonprofit organization that provides affordable housing.
B.Contract
– the document executed between DIR and Vendor into which this
Appendix A is incorporated.
C.CPA
– refers to the Texas Comptroller of Public Accounts
D.Day
- shall mean business days, Monday through Friday, except for State and Federal
holidays. If the Contract calls for performance on a day that is not a business day,
then performance is intended to occur on the next business day.
E.Purchase Order
- the Customer’s fiscal form or format, which is used when making
a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic
Purchase Order, or other authorized instrument).
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Standard Terms and Conditions For Services Contracts
F.State
– refers to the State of Texas.
3.General Provisions
A.Entire Agreement
The Contract and its Appendices constitute the entire agreement between DIR and the
Vendor. No statement, promise, condition, understanding, inducement or
representation, oral or written, expressed or implied, which is not contained in the
Contract or its Appendices shall be binding or valid.
B.Modification of Contract Terms and/or Amendments
1)
The terms and conditions of the Contract shall govern all transactions by
Customers under the Contract. The Contract may only be modified or amended upon
mutual written agreement of DIR and Vendor.
2)
Customers shall not have the authority to modify the terms of the Contract;
however, additional Customer terms and conditions that do not conflict with the
Contract and are acceptable to Vendor may be added in a Purchase Order and given
effect. No additional term or condition added in a Purchase Order issued by a
Customer can weaken a term or condition of the Contract. Pre-printed terms and
conditions on any Purchase Order issued by Customer hereunder will have no force
and effect. In the event of a conflict between a Customer’s Purchase Order and the
Contract, the Contract term shall control.
C.Invalid Term or Condition
1)
To the extent any term or condition in the Contract conflicts with the applicable
Texas and/or United States law or regulation, such Contract term or condition is void
and unenforceable. By executing a contract which contains the conflicting term or
condition, DIR makes no representations or warranties regarding the enforceability of
such term or condition and DIR does not waive the applicable Texas and/or United
States law or regulation which conflicts with the Contract term or condition.
2)
If one or more term or condition in the Contract, or the application of any term or
condition to any party or circumstance, is held invalid, unenforceable, or illegal in
any respect by a final judgment or order of the State Office of Administrative
Hearings or a court of competent jurisdiction, the remainder of the Contract and the
application of the term or condition to other parties or circumstances shall remain
valid and in full force and effect.
D.Assignment
DIR or Vendor may assign the Contract without prior written approval to: i) a successor
in interest (for DIR, another state agency as designated by the Texas Legislature), or ii) a
subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory
requirement imposed upon a party by a governing body with the appropriate authority.
Assignment of the Contract under the above terms shall require written notification by
the assigning party. Any other assignment by a party shall require the written consent of
the other party. Each party agrees to cooperate to amend the Contract as necessary to
maintain an accurate record of the contracting parties.
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E.Survival
All applicable service agreements that were entered into between Vendor and a Customer
under the terms and conditions of the Contract shall survive the expiration or termination
of the Contract. All Purchase Orders issued and accepted by Vendor shall survive
expiration or termination of the Contract.
F.Choice of Law
The laws of the State of Texas shall govern the construction and interpretation of the
Contract. Nothing in the Contract or its Appendices shall be construed to waive the
State’s sovereign immunity.
4.Contract Fulfillment and Promotion
A.Service, Sales and Support of the Contract
Vendor shall provide service, sales and support resources to serve all Customers
throughout the State. It is the responsibility of the Vendor to sell, market, and promote
services available under the Contract. Vendor shall use its best efforts to ensure that
potential Customers are made aware of the existence of the Contract. All sales to
Customers for services available under the Contract shall be processed through the
Contract.
B.Internet Access to Contract and Pricing Information
1)Vendor Website
Within thirty (30) days from the effective date of the Contract, Vendor will establish
and maintain a website specific to the service offerings under the Contract which is
clearly distinguishable from other, non-DIR Contract offerings at Vendor’s website.
The website must include: the services offered, service specifications, Contract
pricing, contact information for Vendor, instructions for obtaining quotes and placing
Purchase Orders. The Vendor’s website shall list the DIR Contract number, reference
the DIR Go DIRect program, display the DIR logo in accordance with the
requirements in paragraph D of this Section, and contain a link to the DIR website for
the Contract.
2)Accurate and Timely Contract Information
Vendor warrants and represents that the website information specified in the above
paragraph will be accurately and completely posted, maintained and displayed in an
objective and timely manner. Vendor, at its own expense, shall correct any non-
conforming or inaccurate information posted at Vendor’s website within ten (10)
business days after written notification by DIR.
3)Website Compliance Checks
Periodic compliance checks of the information posted for the Contract on Vendor’s
website will be conducted by DIR. Upon request by DIR, Vendor shall provide
verifiable documentation that pricing listed upon this website is uniform with the
pricing as stated within Section 4 of the Contract.
4)Website Changes
Vendor hereby consents to a link from the DIR website to Vendor’s website in order
to facilitate access to Contract information. The establishment of the link is provided
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solely for convenience in carrying out the business operations of the State. DIR
reserves the right to terminate or remove a link at any time, in its sole discretion,
without advance notice, or to deny a future request for a link. DIR will provide
Vendor with subsequent notice of link termination or removal. Vendor shall provide
DIR with timely written notice of any change in URL or other information needed to
access the site and/or maintain the link.
5)Use of Access Data Prohibited
If Vendor stores, collects or maintains data electronically as a condition of accessing
Contract information, such data shall only be used internally by Vendor for the
purpose of implementing or marketing the Contract, and shall not be disseminated to
third parties or used for other marketing purposes. The Contract constitutes a public
document under the laws of the State and Vendor shall not restrict access to Contract
terms and conditions including pricing, i.e., through use of restrictive technology or
passwords.
6)Responsibility for Content
Vendor is solely responsible for administration, content, intellectual property rights,
and all materials at Vendor’s website. DIR reserves the right to require a change of
listed content if, in the opinion of DIR, it does not adequately represent the Contract.
C.DIR Logo
Vendor may use the DIR logo in the promotion of the Contract to Customers with the
following stipulations: (i) the logo may not be modified in any way, (ii) when displayed,
the size of the DIR logo must be equal to or smaller than the Vendor logo, (iii) the DIR
logo is only used to communicate the availability of services under the Contract to
Customers, and (iv) any other use of the DIR logo requires prior written permission from
DIR.
D.Vendor Logo
DIR may use the Vendor’s name and logo in the promotion of the Contract to
communicate the availability of services under the Contract to Customers. Use of the
logos may be on the DIR website or on printed materials. Any use of Vendor’s logo by
DIR must comply with and be solely related to the purposes of the Contract and any
usage guidelines communicated to DIR from time to time. Nothing contained in the
Contract will give DIR any right, title, or interest in or to Vendor’s trademarks or the
goodwill associated therewith, except for the limited usage rights expressly provided by
Vendor.
E.Trade Show Participation
At DIR’s discretion, Vendor may be required to participate in one or more DIR
sponsored trade shows each calendar year. Vendor understands and agrees that
participation, at the Vendor’s expense, includes providing a manned booth display or
similar presence. DIR will provide four months advance notice of any required
participation. Vendor must display the DIR logo at all trade shows that potential
Customers will attend. DIR reserves the right to approve or disapprove of the location or
the use of the DIR logo in or on the Vendor’s booth.
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F.Performance Review Meetings
DIR will require the Vendor to attend periodic meetings to review the Vendor’s
performance under the Contract. The meetings will be held within the Austin, Texas area
at a date and time mutually acceptable to DIR and the Vendor. DIR shall bear no cost for
the time and travel of the Vendor for attendance at the meeting.
G.DIR Cost Avoidance
As part of the performance measures reported to state leadership, DIR must provide the
cost avoidance the State has achieved through the Contract. Upon request by DIR,
Vendor shall provide DIR with a detailed report of a representative sample of service sold
under the Contract. The report shall contain: service description, list price, price to
Customer under the Contract, and pricing from three (3) alternative sources under which
DIR customers can procure the services.
5.Purchase Orders, Invoices, and Payments
A.Purchase Orders
All Customer Purchase Orders will be placed directly with the Vendor. Accurate
Purchase Orders shall be effective and binding upon Vendor when accepted by Vendor.
B.Invoices
1)
Invoices shall be submitted by the Vendor directly to the Customer and shall be
issued in compliance with Chapter 2251, Texas Government Code. All payments for
services purchased under the Contract and any provision of acceptance of such
services shall be made by the Customer to the Vendor.
2)
Invoices must be timely and accurate. Each invoice must match Customer’s
Purchase Order and include any written changes that may apply, as it relates to
services, prices and quantities. Invoices must include the Customer’s Purchase Order
number or other pertinent information for verification of receipt of the services by the
Customer.
C.Payments
Customers shall comply with Chapter 2251, Texas Government Code, in making
payments to Vendor. Payment under the Contract shall not foreclose the right to recover
wrongful payments.
6.Contract Administration
A.Contract Administrators
DIR and the Vendor will each provide a Contract Administrator to support the Contract.
Information regarding the Contract Administrators will be posted on the Internet website
designated for the Contract.
1)State Contract Administrator
DIR shall provide a Contract Administrator whose duties shall include but not be
limited to: i) supporting the marketing and management of the Contract, ii) advising
DIR of Vendor’s performance under the terms and conditions of the Contract, and iii)
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periodic verification of pricing and monthly reports submitted by Vendor.
2)Vendor Contract Administrator
Vendor shall provide a dedicated Contract Administrator whose duties shall include
but not be limited to: i) supporting the marketing and management of the Contract, ii)
facilitating dispute resolution between Vendor and a Customer, and iii) advising DIR
of Vendor’s performance under the terms and conditions of the Contract. DIR
reserves the right to require a change in Vendor’s then-current Contract Administrator
if the assigned Contract Administrator is not, in the opinion of DIR, adequately
serving the needs of the State.
B.Reporting and Administrative Fees
1)Reporting Responsibility
a)
Vendor shall be responsible for reporting all services purchased under the
Contract. Vendor shall file the monthly reports, subcontract reports, and pay the
administrative fees in accordance with the due dates specified in this section.
b)
DIR shall have the right to verify required reports and to take any actions
necessary to enforce its rights under this section, including but not limited to,
compliance checks of Vendor’s applicable Contract books at DIR’s expense.
2)Detailed Monthly Report
Vendor shall electronically provide DIR with a detailed monthly report in the format
required by DIR showing the dollar volume of any and all sales under the Contract
for the previous month period. Reports shall be submitted to the DIR Go DIRect
th
Coordinator. Reports are due on the fifteenth (15) calendar day after the close of the
previous month period. The monthly report shall include, per transaction: the detailed
sales for the period, Customer name, invoice date, invoice number, description,
quantity, unit price, extended price, Customer Purchase Order number, contact name,
Customer’s complete billing address, and other information as required by DIR. Each
report must contain all information listed above per transaction or the report will be
rejected and returned to the Vendor for correction in accordance with this section.
3)Historically Underutilized Businesses Subcontract Reports
a)
Vendor shall electronically provide each Customer with their relevant
Historically Underutilized Business Subcontracting Report, pursuant to the
Contract, as required by Chapter 2161, Texas Government Code. Reports shall
also be submitted to DIR.
b)
Reports shall be due in accordance with the CPA rules.
4)DIR Administrative Fee
a)
An administrative fee shall be paid by Vendor to DIR to defray the DIR costs
of negotiating, executing, and administering the Contract. The administrative fee
shall be specified in the Contract. Payment of the administrative fee shall be due
th
on the fifteenth (15) calendar day after the close of the previous month period.
b)
Vendor shall reference the DIR Contract number on any remittance
instruments.
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5)Accurate and Timely Submission of Reports
a)
The reports and administrative fees shall be accurate and timely and submitted
in accordance with the due dates specified in this section. Vendor shall correct
any inaccurate reports or administrative fee payments within three (3) business
days upon written notification by DIR. Vendor shall deliver any late reports or
late administrative fee payments within three (3) business days upon written
notification by DIR. If Vendor is unable to correct inaccurate reports or
administrative fee payments or deliver late reports and fee payments within three
(3) business days, Vendor must contact DIR and provide a corrective plan of
action, including the timeline for completion of correction. The corrective plan of
action shall be subject to DIR approval.
b)
Should Vendor fail to correct inaccurate reports or cure the delay in timely
delivery of reports and payments within the corrective plan of action timeline,
DIR reserves the right to require an independent third party audit of the Vendor’s
records as specified in C.3 of this Section, at DIR’s expense.
C.Records and Audit
1)
Acceptance of funds under the Contract by Vendor acts as acceptance of the
authority of the State Auditor’s Office, or any successor agency, to conduct an audit
or investigation in connection with those funds. Vendor further agrees to cooperate
fully with the State Auditor’s Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Vendor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Vendor and the requirement to cooperate is included in any subcontract it
awards pertaining to the Contract. Under the direction of the Legislative Audit
Committee, a Vendor that is the subject of an audit or investigation by the State
Auditor’s Office must provide the State Auditor’s Office with access to any
information the State Auditor’s Office considers relevant to the investigation or audit.
2)
Vendor shall maintain adequate records to establish compliance with the Contract
until the later of a period of four (4) years after termination of the Contract or until
full, final and unappealable resolution of all Compliance Check or litigation issues
that arise under the Contract. Such records shall include per transaction: Customer
name, invoice date, invoice number, description, quantity, unit price, extended price,
Customer Purchase Order number, contact name, Customer’s complete billing
address, the calculations supporting each administrative fee owed DIR under the
Contract, Historically Underutilized Businesses Subcontracting reports, and such
other documentation as DIR may request.
3)
Vendor shall grant access to all paper and electronic records, books, documents,
accounting procedures, practices and any other items relevant to the performance of
the Contract to DIR, including the compliance checks designated by DIR, the State
Auditor’s Office and of the United States, and such other persons or entities
designated by DIR for the purposes of inspecting, Compliance Checking and/or
copying such books and records. Vendor shall provide copies and printouts requested
by DIR without charge. DIR shall provide Vendor ten (10) business days’ notice
prior to inspecting, Compliance Checking, and/or copying Vendor’s records.
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Vendor’s records, whether paper or electronic, shall be made available during regular
office hours. Vendor personnel familiar with the Vendor’s books and records shall be
available to DIR staff and designees as needed. Vendor shall provide adequate office
space to DIR staff during the performance of Compliance Check.
4)
For procuring State Agencies whose payments are processed by the Texas
Comptroller of Public Accounts, the volume of payments made to Vendor through the
Texas Comptroller of Public Accounts and the administrative fee based thereon shall
be presumed correct unless Vendor can demonstrate to DIR’s satisfaction that
Vendor’s calculation of DIR’s administrative fee is correct.
D.Contract Administration Notification
1)
Upon execution of the Contract, Vendor shall provide DIR with written
notification of the following: i) Vendor Contract Administrator name and contact
information, ii) Vendor sales representative name and contact information, and iii)
name and contact information of Vendor personnel responsible for submitting reports
and payment of administrative fees.
2)
Upon execution of the Contract, DIR shall provide Vendor with written
notification of the following: i) DIR Contract Administrator name and contact
information, and ii) DIR Go DIRect Coordinator name and contact information.
7.Vendor Responsibilities
A.Indemnification
1)INDEPENDENT CONTRACTOR
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, IT IS FURNISHING SERVICES IN THE
CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR
IS NOT AN EMPLOYEE OF THE CUSTOMER, DIR OR THE STATE OF
TEXAS.
2)
Acts or Omissions
Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED
COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any
acts or omissions of the Vendor or its agents, employees, subcontractors, Order
Fulfillers, or suppliers of subcontractors in the execution or performance of the
Contract and any Purchase Orders issued under the Contract REGARDLESS OF
THE NEGLIGENCE OF THE CUSTOMER, THE STATE OF TEXAS AND/OR
THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES. VENDOR SHALL PAY ALL COSTS OF
DEFENSE INCLUDING ATTORNEYS FEES. THE DEFENSE SHALL BE
COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR
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TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER’S LEGAL
COUNSEL FOR NON-STATE AGENCY CUSTOMERS.
3)
Infringements
a) Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third
party claims involving infringement of United States patents, copyrights, trade and
service marks, and any other intellectual or intangible property rights in connection
with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS
CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR
SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING
ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY THE
OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY
CUSTOMERS AND BY CUSTOMER’S LEGAL COUNSEL FOR NON-STATE
AGENCY CUSTOMERS.
b) If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with notice of an actual or potential claim, Vendor may (or in the case of an
injunction against Customer, shall), at Vendor’s sole option and expense: (i) procure
for the Customer the right to continue to use the affected portion of the product or
service, or (ii) modify or replace the affected portion of the product or service with
functionally equivalent or superior product or service so that Customer’s use is non-
infringing.
4)
PROPERTY DAMAGE
IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY
OF CUSTOMER OR THE STATE DUE TO THE NEGLIGENCE, MISCONDUCT,
WRONGFUL ACT OR OMISSION ON THE PART OF THE VENDOR, ITS
EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS, THE
VENDOR SHALL PAY THE FULL COST OF EITHER REPAIR,
RECONSTRUCTION, OR REPLACEMENT OF THE PROPERTY, AT THE
CUSTOMER’S SOLE ELECTION. SUCH COST SHALL BE DETERMINED BY
THE CUSTOMER AND SHALL BE DUE AND PAYABLE BY THE VENDOR
NINETY (90) CALENDAR DAYS AFTER THE DATE OF THE VENDORS
RECEIPT FROM THE CUSTOMER OF A WRITTEN NOTICE OF THE
AMOUNT DUE.
B.Taxes/Worker’s Compensation/UNEMPLOYMENT INSURANCE
1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY
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RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR’S AND
VENDOR'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF
THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO
COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY
SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES,
INSURANCE, AND WORKERS' COMPENSATION. VENDOR AGREES AND
ACKNOWLEDGES THAT VENDOR ITS EMPLOYEES, REPRESENTATIVES,
AGENTS OR SUBCONTRACTORS SHALL NOT BE ENTITLED TO ANY
STATE BENEFIT OR BENEFIT OF ANOTHER GOVERNMENTAL ENTITY
CUSTOMER. THE CUSTOMER AND/OR THE STATE SHALL NOT BE
LIABLE TO THE VENDOR ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE
PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT
INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT
AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER
GOVERNMENTAL ENTITY CUSTOMER.
2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS,
THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES
FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR
SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES,
RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR
WORKERS' COMPENSATION OR EXPECTATIONS OF BENEFITS BY
VENDOR, ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR
SUBCONTRACTORS IN ITS PERFORMANCE UNDER THIS CONTRACT.
VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING
ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY THE
OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY
CUSTOMERS AND BY CUSTOMER’S LEGAL COUNSEL FOR NON-STATE
AGENCY CUSTOMERS.
C.Vendor Certifications
Vendor certifies that it: (i) has not given, offered to give, and does not intend to give at
any time hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with the
Contract, (ii) is not currently delinquent in the payment of any franchise tax owed the
State of Texas and is not ineligible to receive payment under §231.006 of the Texas
Family Code and acknowledge the Contract may be terminated and payment withheld if
this certification is inaccurate, (iii) neither they, nor anyone acting for them, have
violated the antitrust laws of the United States or the State of Texas, nor communicated
directly or indirectly to any competitor or any other person engaged in such line of
business for the purpose of obtaining an unfair price advantage, (iv) has not received
payment from DIR or any of its employees for participating in the preparation of the
Contract, (v) under Section 2155.004, Texas Government Code, the vendor certifies that
the individual or business entity named in this bid or contract is not ineligible to receive
the specified contract and acknowledges that this contract may be terminated and
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payment withheld if this certification is inaccurate, (vi) to the best of their knowledge and
belief, there are no suits or proceedings pending or threatened against or affecting them,
which if determined adversely to them will have a material adverse effect on the ability to
fulfill their obligations under the Contract, (vii) are not suspended or debarred from doing
business with the federal government as listed in the Excluded Parties List System
(EPLS) maintained by the General Services Administration, and (viii) as of the effective
date of the Contract, are not listed in the prohibited vendors list authorized by Executive
Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism”, published by the United States
Department of the Treasury, Office of Foreign Assets Control. In addition, Vendor
acknowledges the applicability of §2155.444 and §2155.4441, Texas Government Code,
in fulfilling the terms of the Contract.
D.Ability to Conduct Business in Texas
Vendor shall be an entity authorized and validly existing under the laws of its state of
organization, and shall be authorized to do business in the State of Texas.
E.Equal Opportunity Compliance
Vendor agrees to abide by all applicable laws, regulations, and executive orders
pertaining to equal employment opportunity, including federal laws and the laws of the
State in which its primary place of business is located. In accordance with such laws,
regulations, and executive orders, the Vendor agrees that no person in the United States
shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or
handicap, be excluded from employment with or participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity performed
by Vendor under the Contract. If Vendor is found to be not in compliance with these
requirements during the term of the Contract, Vendor agrees to take appropriate steps to
correct these deficiencies. Upon request, Vendor will furnish information regarding its
nondiscriminatory hiring and promotion policies, as well as specific information on the
composition of its principals and staff, including the identification of minorities and
women in management or other positions with discretionary or decision-making
authority.
F.Use of Subcontractors
If Vendor uses any subcontractors in the performance of this Contract, Vendor must
make a good faith effort in the submission of its Subcontracting Plan in accordance with
the State’s Policy on Utilization of Historically Underutilized Businesses. A revised
Subcontracting Plan shall be required before Vendor can engage additional
subcontractors in the performance of this Contract. Vendor shall remain solely
responsible for the performance of its obligations under the Contract.
G.Responsibility for Actions
Vendor is solely responsible for its actions and those of its agents, employees, or
subcontractors, and agrees that neither Vendor nor any of the foregoing has any authority
to act or speak on behalf of DIR or the State.
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H.Confidentiality
1)
Vendor acknowledges that DIR is a government agency subject to the Texas
Public Information Act. Vendor also acknowledges that DIR will comply with the
Public Information Act, and with all opinions of the Texas Attorney General’s office
concerning this Act.
2)
Under the terms of the Contract, DIR may provide Vendor with information
related to Customers. Vendor shall not re-sell or otherwise distribute or release
Customer information to any party in any manner.
I.Security of Premises, Equipment, Data and Personnel
Vendor may, from time to time during the performance of the Contract, have access to
the personnel, premises, equipment, and other property, including data, files and /or
materials (collectively referred to as “Data”) belonging to the Customer. Vendor shall use
their best efforts to preserve the safety, security, and the integrity of the personnel,
premises, equipment, Data and other property of the Customer, in accordance with the
instruction of the Customer. Vendor shall be responsible for damage to Customer's
equipment, workplace, and its contents when such damage is caused by its employees or
subcontractors.
J.Background and/or Criminal History Investigation
Prior to commencement of any services, background and/or criminal history investigation
of the Vendor’s employees and subcontractors who will be providing services to the
Customer under the Contract may be performed by certain Customers having legislative
authority to require such investigations. Should any employee or subcontractor of the
Vendor who will be providing services to the Customer under the Contract not be
acceptable to the Customer as a result of the background and/or criminal history check,
then Customer may immediately terminate its Purchase Order and related Service
Agreement or request replacement of the employee or subcontractor in question.
K.Limitation of Liability
For any claim or cause of action arising under or related to the Contract: i) none of the
parties shall be liable to the other for punitive, special, or consequential damages, even if
it is advised of the possibility of such damages; and ii) Vendor’s liability for damages of
any kind to the Customer shall be limited to the total amount paid to Vendor under the
Contract during the twelve months immediately preceding the accrual of the claim or
cause of action.
L.Purchase of Commodity Items (Applicable to State Agency Purchases Only)
1)
Texas Government Code, §2157.068 requires State agencies to buy commodity
items, as defined in 7.L.2 below, in accordance with contracts developed by DIR,
unless the agency obtains an exemption from DIR.
2)
Commodity items are commercially available software, hardware and technology
services that are generally available to businesses or the public and for which DIR
determines that a reasonable demand exists in two or more state agencies. Hardware
is the physical technology used to process, manage, store, transmit, receive or deliver
information. Software is the commercially available programs that operate hardware
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and includes all supporting documentation, media on which the software may be
contained or stored, related materials, modifications, versions, upgrades,
enhancements, updates or replacements. Technology services are the services,
functions and activities that facilitate the design, implementation, creation, or use of
software or hardware. Technology services include seat management, staffing
augmentation, training, maintenance and subscription services. Technology services
do not include telecommunications services. Seat management is services through
which a state agency transfers its responsibilities to a vendor to manage its personal
computing needs, including all necessary hardware, software and technology services.
3)
Vendor agrees to coordinate all State agency commodity item sales through
existing DIR contracts. Institutions of higher education are exempt from Subsection
7.L.
M.Overcharges
Vendor hereby assigns to DIR any and all of its claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 U.S.C.A.
Section 1, et seq., and which arise under the antitrust laws of the State of Texas, Tex.
Bus. and Comm. Code Section 15.01, et seq.
N.Prohibited Conduct
Vendor represents and warrants that, to the best of its knowledge as of the date of this
certification, neither Vendor nor any Order Fulfiller, subcontractor, firm, corporation,
partnership, or institution represented by Vendor, nor anyone acting for such Order
Fulfiller, subcontractor, firm, corporation or institution has: (1) violated the antitrust laws
of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the
federal antitrust laws; or (2) communicated its response to the Request for Offer directly
or indirectly to any competitor or any other person engaged in such line of business
during the procurement for the Contract.
8.Contract Enforcement
A.Enforcement of Contract and Dispute Resolution
1)
Vendor and DIR agree to the following: (i) a party’s failure to require strict
performance of any provision of the Contract shall not waive or diminish that party’s
right thereafter to demand strict compliance with that or any other provision, (ii) for
disputes not resolved in the normal course of business, the dispute resolution process
provided for in Chapter 2260, Texas Government Code, shall be used, and (iii)
actions or proceedings arising from the Contract shall be heard in a state court of
competent jurisdiction in Travis County, Texas.
2)
Disputes arising between a Customer and the Vendor shall be resolved in
accordance with the dispute resolution process of the Customer that is not
inconsistent with subparagraph A.1 above. DIR shall not be a party to any such
dispute unless DIR, Customer, and Vendor agree in writing.
01/07/08 Page 13 of 16
Appendix A
Standard Terms and Conditions For Services Contracts
B.Termination
1)Termination for Non-Appropriation
Customer may terminate Purchase Orders if funds sufficient to pay its obligations
under the Contract are not appropriated by the governing body on behalf of local
governments, or by the Texas legislature on behalf of state agencies. In the event of
non-appropriation, Vendor will be provided ten (10) calendar days written notice of
intent to terminate. Notwithstanding the foregoing, if a Customer issues a Purchase
Order and has accepted delivery of the services, they are obligated to pay for those
services.
2)Absolute Right
DIR shall have the absolute right to terminate the Contract without recourse in the
event that: i) Vendor becomes listed on the prohibited vendors list authorized by
Executive Order #13224, "Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the
United States Department of the Treasury, Office of Foreign Assets Control, or ii)
Vendor becomes suspended or debarred from doing business with the federal
government as listed in the Excluded Parties List System (EPLS) maintained by the
General Services Administration. Vendor shall be provided written notice in
accordance with Section 9.A, Notices, of intent to terminate.
3)Termination for Convenience
DIR or Vendor may terminate the Contract, in whole or in part, by giving the other
party thirty (30) calendar days written notice. A Customer may terminate a Purchase
Order if it is determined by the Customer that Vendor will not be able to deliver
services in a timely manner to meet the business needs of the Customer.
4)Termination for Cause
a)Contract
Either DIR or Vendor may issue a written notice of default to the other upon the
occurrence of a material breach of any covenant, warranty or provision of the
Contract. The non-defaulting party shall give the defaulting party thirty (30)
calendar days from receipt of notice to cure said default. If the defaulting party
fails to cure said default within the timeframe allowed, the non-defaulting party
may, at its option and in addition to any other remedies it may have available,
cancel and terminate the Contract. Customers purchasing services under the
Contract have no power to terminate the Contract for default.
b)Purchase Order
Customer or Vendor may terminate a Purchase Order upon the occurrence of a
material breach of any term or condition: (i) of the Contract, or (ii) included in the
Purchase Order in accordance with Section 3.B.2 above. The non-defaulting party
shall give the defaulting party thirty (30) calendar days from receipt of notice to
cure said default. If the defaulting party fails to cure said default within the
timeframe allowed, the non-defaulting party may, at its option and in addition to
any other remedies it may have available, cancel and terminate the Purchase
Order.
01/07/08 Page 14 of 16
Appendix A
Standard Terms and Conditions For Services Contracts
5)Customer Rights Under Termination
In the event the Contract expires or is terminated for any reason, a Customer shall
retain its rights under the Contract and the Purchase Order issued with respect to all
services ordered and accepted prior to the effective termination date.
6)Vendor Rights Under Termination
In the event a Purchase Order is terminated or the Contract expires or is terminated
for any reason, a Customer shall pay all amounts due for services ordered prior to the
effective termination date and ultimately accepted.
C.Force Majeure
DIR, Customer, or Vendor may be excused from performance under the Contract for any
period when performance is prevented as the result of an act of God, strike, war, civil
disturbance, epidemic, or court order, provided that the party experiencing the event of
Force Majeure has prudently and promptly acted to take any and all steps that are within
the party’s control to ensure performance and to shorten the duration of the event of
Force Majeure. The party suffering an event of Force Majeure shall provide notice of the
event to the other parties when commercially reasonable. Subject to this provision, such
non-performance shall not be deemed a default or a ground for termination. However, a
Customer may terminate a Purchase Order if it is determined by the Customer that
Vendor will not be able to deliver services in a timely manner to meet the business needs
of the Customer.
9.Notification
A.Notices
All notices, demands, designations, certificates, requests, offers, consents, approvals and
other instruments given pursuant to the Contract shall be in writing and shall be validly
given on: (i) the date of delivery if delivered by email, facsimile transmission, mailed by
registered or certified mail, or hand delivered, or (ii) three business days after being
mailed via United States Postal Service. All notices under the Contract shall be sent to a
party at the respective address indicated in Section 6 of the Contract or to such other
address as such party shall have notified the other party in writing.
B.Handling of Written Complaints
In addition to other remedies contained in the Contract, a person contracting with DIR
may direct their written complaints to the following office:
Public Information Office
Department of Information Resources
Attn: Public Information Officer
th
300 W. 15 Street, Suite 1300
Austin, Texas 78701
(512) 475-4759, facsimile.
01/07/08 Page 15 of 16
Appendix A
Standard Terms and Conditions For Services Contracts
10.Captions
The captions contained in the Contract and its Appendices are intended for convenience
and reference purposes only and shall in no way be deemed to define or limit any
provision thereof
01/07/08 Page 16 of 16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:10/8/2012
Appropriation
Requested By:Stacey Osborne
Source of Funds:
Department:Administration
Account Number:
Report:Resolution:XOrdinance:
Amount Budgeted:
Amount Requested:
Exhibits:A.Presentation from Eric Geisler
Budgeted Item:YESNO
B.Texas Enterprise Zone Resolution
C.Ordinance # 2010-3248
D.Texas Enterprise Zone Overview
SUMMARY & RECOMMENDATION
The Texas Enterprise Zoneis an economic development programoffered by the State of Texas
that allowsthe Stateto promote job creation/retention and capital investment in economically
distressed areas of the state. Companies that wish to apply for Texas Enterprise Zone project
designation must have the nomination of a local community in order to participate.Companies
can participate by either creating or retaining jobs, and they must commit to a minimum capital
investment of $40,000 and creation or retention of a minimum of 10 jobs.
The City of La Porte passed Ordinance Number 2010-3248on May 10, 2010 authorizing the
City’s participation in the State of Texas Enterprise Zone program. Eric Geisler of Economic
Incentives Inc., LLC will be requesting, on behalf of his client, INEOS USA, LLC (INEOS), that
the Council pass a resolution nominating INEOS as a Texas Enterprise Zone project. The
company is applying witha job retention project, and hascommitted to a capital investment of
$1billionand to thecreation and/or retention of 415 jobsover the next five years. Mr. Geisler
will discussthe Texas Enterprise Zone programand explain how INEOS qualifies for the
program. Representatives from INEOSare also here this evening to answer any questions from
the Council.
Staff recommends approving the resolution designating INEOS USA, LLC as a Texas Enterprise
Zone project.
Action Required by Council:
Consider approval or other action of a resolution designating INEOS USA, LLC as a State of
Texas Enterprise Zone project.
Approved for City Council Agenda
Corby D. Alexander, City Managerdate
STATE OF TEXAS
TEXAS ECONOMIC DEVELOPMENT
TEXAS ENTERPRISE ZONE PROGRAM
PROGRAM BENEFITS GUIDELINES
The purpose of the Texas Enterprise Zone Program is to encourage job creation and capital investment in economically
distressed areas of Texas. The program, which was created as a result of the Texas Enterprise Zone Act (Act), Chapter
2303, Texas Government Code, uses a process to identify severely distressed areas of the state and provide state/local
incentives to induce private investment in these areas.
ABOUT THIS DOCUMENT
This document serves as a reference for enterprise projects seeking to obtain both the State Sales & Use Tax Refund and
Franchise Tax Reduction offered through the Texas Enterprise Zone Program. It is preferred business practice to have
jobs certified by Texas Economic Development (TxED) before a claim is submitted to the Comptroller of Public Accounts
(Comptroller). This would require submission of a complete Job Certification Application at least 60-90 days prior to the
project tax claim deadline.
CONTENTS OF GUIDE
Section 1 Commonly Asked Questions ................................................................................................... Pg. 2-4
Section 2 Claim Process for Job Certification ........................................................................................ Pg. 5-6
Section 2a Claim Process for Job Certification (Subsequent Claims) ...................................................... Pg. 7
Section 3 Applying for Sales & Use Tax Refund ................................................................................... Pg. 8
Instructions for Filling out Application for Program Benefits ............................................. Pg. 9-10
Sample Documents 1 & 2 ..................................................................................................... Pg. 11-12
BENEFIT CYCLE
State Sales & Use Tax Refund – An enterprise project may file a claim annually or semi-annually.
Franchise Tax Benefit – The applicable reduction or credit is taken on the enterprise project’s annual report filing for
each year of the five-year designation period. Please contact the Comptroller for further information at 1-800-531-5441.
Note:
For further information on taxes, filing claims and the Comptroller’s office in general, please visit their internet site
http://www.window.state.tx.us/
@
CONTACT LIST
For Job Certification Assistance Call:
Texas Economic Development
Texas Enterprise Zone Program
(512) 936-0263 Yvette Henderson
(512) 936-0274 Brenda Clear
(512) 936-0047 Tad Curtis
For State Sales And Use Tax Instructions Call:
Texas Comptroller of Public Accounts Orlando Guerrero
(512) 463-4332 or toll-free (800) 531-5441 x34549
For Franchise Tax Instructions Call:
Texas Comptroller of Public Accounts Jerry Oxford
(512) 463-4496 or toll-free (800) 531-5441 x34496
Texas Economic Development is an equal opportunity employer/program.
Auxiliary aids and services will be made available upon request to individuals with disabilities
.
Texas Economic Development; Rev.02/01/03 Form JCF-01A; Page 1
Program Benefits
SECTION 1 – COMMONLY ASKED QUESTIONS
What is an Enterprise Zone?
An enterprise zone is a local option, and economic development tool that allows a community to partner with the State to
offer a package of local and state tax and regulatory benefits to new or expanding businesses in economically distressed
areas. More specifically, a zone is a geographic area nominated by a city or county or a combination of cities and/or
counties through an application to TxED. The area must meet at least one of two possible primary distress criteria (high
unemployment or population loss) and one of seven secondary distress criteria that are currently considered. The area
must have a continuous boundary and be at least one square mile in size, but not larger than 10 square miles or 5% of the
governing body's/bodies' jurisdiction (up to 20 square miles), whichever is larger. The designation period for a zone is
seven years.
What is an Enterprise Project?
An enterprise project is a business that is nominated by an enterprise zone governing body and approved by TxED for
state and local benefits. The business must commit to create or retain permanent jobs, make capital investment in the
enterprise zone, fill at least 25% of its new jobs with individuals who are either economically disadvantaged or residents
of an enterprise zone within the governing body (ies) jurisdiction, and maintain a level of employment from the date jobs
are certified by TxED for at least three years.
What State Incentives Are Available to Enterprise Projects?
Projects are eligible for State Sales & Use Tax refunds and Franchise Tax reductions or credits. These benefits are based
on job creation, and in some cases job retention, and capital investment for a period of five years. Investment made and
jobs created 90 working days prior to the date of approval and during the designation period may be considered eligible
for benefits.
The State Sales and Use Taxes paid on machinery and equipment, building materials, labor for the rehabilitation of
existing buildings, electricity and natural gas purchased for use in the enterprise zone and other eligible items may eligible
for refund. The refund is based on $2,000 for each permanent job created or retained for projects approved prior to
9/1/01, and $5,000 for each permanent job created or retained during the five-year designation period for projects
approved on or after 9/1/01. The number of jobs for which a refund may be received is based upon commitments made in
the project application. Each project is limited to a maximum refund of $1.25 million or $250,000 per year over the five-
year period.
The process involved for State Sales and Use Tax refund is two-fold and requires:
1)Certification of jobs created and/or retained by TxED.
2)Certification of sales & use tax paid on qualifying items by the Comptroller.
The Franchise Tax reduction is taken on its annual report filing for each year of the five-year designation. The reduction is
based on the amount of capital investment made by the project in the enterprise zone. The project’s apportioned taxable
capital may be reduced by 50% of the capital investment or the apportioned earned surplus income may be reduced by 5%
of the capital investment made in the enterprise zone. The business must pay the highest liability. Projects designated on
or after September 1, 2001 are entitled to establish certain franchise tax economic development credits. For more
information about the jobs creation credit and capital investment credit, see Chapter 171, Subchapter P & Q of the Texas
Tax Code. To determine potential franchise tax benefit under this section of the program, we would advise your tax
department contact the Comptroller. The contact is Mr. Jerry Oxford, (512) 463-4642.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 2
Program Benefits
What is a Qualified Business?
A qualified business is a person, including a corporation or other entity that TxED, for purposes of state benefits under the
Act, and a governing body, for purposes of local benefits, certifies to have met the following criteria:
(A) the person is engaged in or has provided substantial commitment to initiate the active conduct of a trade or business
in the zone; and
(B) at least 25.0% of the business's new employees in the zone are residents of any zone within the governing body's or
bodies' jurisdiction or economically disadvantaged individuals; and
(C) a franchise or subsidiary of a new or existing business may be certified by the governing body of an enterprise zone
as a qualified business if the franchise or subsidiary is located entirely in the zone and maintains separate books &
records of the business activity conducted in the zone.
What is the Definition of Economically Disadvantaged?
An individual who:
(A) was unemployed for at least three months before obtaining employment with a qualified business; or
(B) receives public assistance benefits, such as welfare or food stamp payments, or a member of an employee's
immediate family receiving Supplemental Security Income or Aid to Families with Dependent Children payments
(Food Stamps must be received by the employee only, not a member of the employee's immediate family); or
(C) has a physical or mental disability (a disability which constitutes or results in a substantial barrier to employment
and can reasonably be expected to benefit in terms of employability from vocational rehabilitation services. NOTE:
Individuals should be certified by an authorized agency or doctor); or
(D) is homeless (lacks a fixed or regular nighttime residence or whose residence is a supervised public or private shelter
providing temporary living accommodations); or
(E) is a foster child (an individual on behalf of whom state or local government payments are made and for whom a
court order removing the child from the custody of the parent and specifying a manager conservator exists); or
(F) is on parole or entering the workplace after being confined in a unit or correctional facility of the institution division
of the Texas Department of Criminal Justice or the Texas Youth Commission; or
(G) is an individual whose total family income meets the low income or moderate income limits developed under
Section 8, United States Housing Act of 1937. Includes all income by employee, spouse, all dependents, and family
members living with employee as of the employment date.
What is a Qualified Employee?
An employee that works at least 50% of his/her time for the qualified business in the enterprise zone.
What is a New Permanent Job?
over and above the company’s current baseline
A new position created , at the time of project designation, which
provides a qualified employee of a qualified business with employment of at least 1,820 hours of work annually.
Seasonal, temporary or part-time jobs are not considered to be new permanent jobs, and therefore are not eligible for
benefit.
What is a Retained Job?
A position that existed with a qualified business prior to designation as an enterprise project that has provided
employment to a qualified employee of at least 1,820 hours annually and is intended to be a position retained during the
period the business is designated as an enterprise project.
What is an Existing Job?
A full-time position that was reported by the qualified business in the enterprise project application. These jobs do not
qualify for benefit. The current number of existing jobs is used to determine the baseline level of employment at the time
of project designation. New jobs, which are created 90 days prior to the date of approval and five years after approval
date, qualify for benefit if the baseline jobs are maintained.
Do Leased, Contract or Construction Employees Qualify for Benefit?
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 3
Program Benefits
No. All employees occupying the new or retained jobs must be under the direct and permanent employment of the
enterprise project that received the enterprise project designation.
What Expenditures Qualify for Benefit?
All items must be sold to the enterprise project for use in the enterprise zone
Equipment and machinery. (all machinery and equipment used to operate the business)
a)
includes office equipment, computers, hand tools, intra-plant transportation equipment.
b)
includes machinery and materials used in the repair or remodeling of tangible personal or real property.
c)
For projects designated on or after 9/1/01 and before 9/1/05 included in eligible items are tangible personal
property purchased and consumed in the zone and taxable services
Building materials for use in remodeling, restoring, or building a new structure in the enterprise zone.
Includes all structural steel, lumber, bricks, flooring, electrical system, cooling and heating systems, plumbing;
concrete, asphalt & masonry.
NOTE: Labor for new construction is not taxed in Texas and is not eligible for refund.
Labor for remodeling or rehabilitating a structure (effective after 9/1/95).
Electricity and natural gas purchased and consumed in the normal course of business.
The state portion of the sales and use tax may be claimed but not the local portion unless that incentive is offered in
the local area
Note 1:"separated contract"
State sales and use taxes paid on qualifying items must be clearly identified by use of a
that specifies what portion of the payment is for taxes on labor to be eligible for refund.
Note 2:
State and local sales & use tax is not collected on the following items:
1. Machinery and equipment used in the manufacturing process.
2. Machinery and equipment exclusively used in the processing, packing, or marketing of agricultural
products by the original producer at a location operated by the original producer exclusively for
processing, packing, or marketing the producer's own products.
3. Machinery, tools and equipment used or consumed exclusively in the repair, remodeling, or maintenance
of aircraft, aircraft engines, or aircraft component parts by or on behalf of a certified or licensed carrier of
persons.
4. Electricity and natural gas consumed by companies that have been certified as predominantly a
“manufacturer”.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 4
Program Benefits
SECTION 2- - CLAIM PROCESS
FOR JOB CERTIFICATION
(See Section 2a for more information on subsequent claims)
FOR JOB CERTIFICATION
Determine if hiring requirement has been met
. Before filing a claim for certification, determine if the
following hiring requirements have been met:
a)total new jobs
at least 25% of the created to date are filled with individuals that are either economically
disadvantaged (ED) and/or enterprise zone residents (EZR).
EXAMPLE: Of the 100 total new jobs created, 40 employees are ED/EZR (40 100 = 40%)
b)retained job
projects using the benefit, at least 25% of employee turnover must be either ED and/or EZR.
EXAMPLE: Of the 100 retained jobs claimed, 8 jobs had turnover; therefore, at least 2 employees hired in the
8 turnover positions must be ED/EZR (2 8 = 25%).
c)
for projects approved after 9/1/01, the hiring requirement that must be met is the hiring commitment made
in the original application for which points were earned.
d)
employees occupying positions must have accumulated the minimum of 1,820 hours during a 12-month
period.
Submit a completed form
Application for Program Benefits to claim the total number of new jobs created
and/or retained. The claim form must be signed by the authorized representative for the project as approved in the
corporate resolution in the project application. If this is an initial (first time) job certification claim, no
application fee is required. If this is a subsequent job certification claim, submit a non-refundable check in the
amount of $500. The check must be made payable to Texas Economic Development, Enterprise Zone Program.
Submit supporting documentation
to verify commitments that the new jobs created were filled by individuals
who were economically disadvantaged and/or enterprise zone residents at the time of employment, as outlined in
the application for which points were earned. The documentation submitted should reflect only existing
employees reported during the current claim period. Do not send documentation for those employees that have
been terminated. Also, do not send originals. Please maintain the originals in your permanent files. The
documentation may include:
a)Economically Disadvantaged:Submit verification by the Texas Workforce Commission (TWC).
Enterprise projects may utilize the TWC for pre-employment screening to identify and refer qualified job
applicants, including whether or not the applicant meets the economically disadvantaged provision; or
Submit copies of the Post-Employment Employee Certification Form (page 12 of this document) or a
similar form administered by the enterprise project. This form can be used to determine if the newly
hired employees meet the criteria of an economically disadvantaged individual. This form must be
distributed to all new employees occupying newly created job positions, on a confidential and voluntary
basis.
b)Residency: Submit verification by the local Enterprise Zone Liaison of employees who reside in the
enterprise zone. To confirm/document if employees occupying newly created jobs are residents of an
enterprise zone, federal empowerment zone, or enterprise community, governed by the same governing
body where the project is located, submit a request to the zone liaison including a listing of each
employee’s name and home address.
Following TxED’s review
of the completed claim and supporting documentation, the claim representative may
receive a findings letter that explains any outstanding issues pertaining to the position/job certification process. The
findings letter will explain any deficiencies and provide the specific direction needed to complete the certification
process. An attachment to the letter may be used to outline the specific positions/jobs that are “subject to verification”
in addition to requesting information that may be deficient. If verification is not received by the time-period
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 5
Program Benefits
stipulated in the findings letter, only the positions/jobs that were deemed qualified during the initial review will be
certified. The certified positions/jobs will remain subject to the 3-year active standing requirement.
PLEASE NOTE: TxED has the right to obtain and review payroll data from the enterprise project for audit and review
purposes. TxED will use professional judgment in determining when this additional step will be performed.
Typically a payroll may be required when the business had existing employees at the time of project application.
Finally
, TxED will notify the enterprise project and the Comptroller of its findings and the number of jobs certified.
NOTE: Please ensure that ALL supporting documentation is attached to the job certification
claim,and that the documentation is in the same format as shown in the sample documents.If a
claim is received without ALL supporting documentation, or if the documentation is not in the
correct format, the claim will be returned,and a new submission will be required. It is imperative
that all instructions on the Application Checklist be followed to reduce incomplete or inaccurate
submittal that will result in requests being returned by TxED without review.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 6
Program Benefits
SECTION 2a- - CLAIM PROCESS
FOR JOB CERTIFICATION FOR SUBSEQUENT CLAIMS
FOR JOB CERTIFICATION
The claim process for subsequent claims is a little different than for initial claims. Each position can only be
but must be maintained for a period of 3 yearsupdated
certified once from the date it qualifies; therefore,
data must be provided for previously certified positions as well as new positions when submitting
spreadsheet for subsequent claims
. Please use the following steps:
the samespreadsheet/listing that was previously submitted
Using, identically formatted, update all positions
with employee names, social security numbers, hours worked during the claim period, payroll data, dates of
hire/termination (for the qualified position) and EZR/ED status.
Previously certified positions must be updated to show that the position is being maintained and filled. Show
any employee turnover that has occurred in these positions.
Once previously submitted position data has been updated, add the new positions that have been created since
the last claim was filed. It is important that the position numbers from the previous claim match the position
numbers of this claim; the new positions will start with the next number in sequence.
The 25% hiring requirement is now calculated on all employees that are currently listed to include previously
certified positions. Example: 25 positions were certified on the initial claim, the second claim has 25 more
positions..…if all positions are filled then the 25% would be calculated using 50 total positions (50 x .25 = 12.5
positions would need to be ED/EZR, round down to 12 positions).
Include all supporting documentation for positions on updated spreadsheet/listing.
NOTE:
Once a position number has been assigned and the position considered for certification, the number should
not be changed or used again. Example: The first claim has positions #1-25, the subsequent claim, while including
previously certified positions #1-25 (with updated information) would continue with #26-50, the third claim likewise
including previously certified positions #1-50 (with updated information) would be #51-75..…and so on.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 7
Program Benefits
SECTION 3 - - APPLYING FOR
SALES & USE TAX REFUND
Comptroller of Public Accounts.
Once the job certification process has been completed by TxED, certification
of state sales taxes paid on qualifying items is performed by the Comptroller. Information on sales/use tax, the
tax code, forms and the Comptroller’s office can be found on the internet at the following address/URL:
http: //www.window.state.tx.us/
Complete the
Enterprise Project Claim for Refund of Texas State Sales and Use Taxform Submit the
completed form to the Comptroller along with the Invoices and Contractsform. It is not necessary to submit
copies of invoices with this claim, but submitting invoices may decrease processing time. However, backup
not
documentation must be maintained on-site and is subject to audit by the Comptroller. It is necessary to
submit a copy of the sales tax claim to TxED.
Submit the sales tax claim to the Texas Comptroller of Public Accounts
. The sales tax claim may be sent to
the Comptroller before, after, or at the same time the job certification claim documents are submitted to TxED. It
is recommended that, if possible, you wait until jobs have been certified by TxED, as the Comptroller will not
process the sales tax claim until they are notified that jobs have been certified.
Note 1:
The maximum refund amount that can be paid to an enterprise project is $250,000 per year,
subject to 1) certification by TxED of new jobs created at the rate of $2,000 or $5,000 per job
(depending on whether the project was approved before or after 9/1/01), and 2) the amount of
sales and use taxes paid on qualifying items.
Note 2:
Enterprise projects that receive a refund of sales and use taxes must maintain the jobs associated
with the refund for at least three years from the date the position qualifies for a refund. If the jobs
are not maintained the Comptroller will assess that portion of the refund attributable to any such
decrease in employment, including penalty and interest from the date of refund.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 8
Program Benefits
APPLICATION FOR PROGRAM BENEFITS INSTRUCTIONS
Note:
These procedures are to be used in conjunction with any applicable procedures established by the Comptroller of Public Accounts.
Requests for refunds of state sales or use taxes must include certification by Texas Economic Development that the enterprise project is a qualified
business under the terms of Section 2303.401 of the Texas Enterprise Zone Act, Texas Government Code.
APPLICATION FOR PROGRAM BENEFITS CHECKLIST
Submit checklist initialed to indicate documents are completed or attached. Indicate NA if issue is not applicable.
SECTION 1: Zone and Project Information
Zone Name and Number –
Enterthe name of the enterprise zone and the zone number.
Project Name –
Name of project as approved in the application (if an assumption of the company or a name change has occurred,
official action must be taken before a job certification can occur).
Project Number –
Enterthe enterprise project number. This number was sent with the initial packet designating your project, call
our office if you do not have the number.
Date Approved and Date Expires
– Enter the date the project was approved and the date the project will expire.
Job Certification Deadline and 90-Day Window
– The job certification deadline is calculated as the end of the state fiscal year
(8/31) after the first anniversary after the project expires. For example if the project expires 1/31/02, the first anniversary after the
project expires is 1/31/03; therefore the job certification deadline is 8/31/03. For a first-time claim, you may include sales and use
taxes paid and new employees hired no more than 90 working days prior to the date of designation through the end of the claim
period (this date was included in the initial packet designating your project).
Designated Project Name and Address –
Name and address of qualified business site.
Taxpayer or Vendor ID Number –
Federal I.D. Number or Social Security Number if filing as an individual (must match approved
project application), as well as the address attached to the number (parent company address, etc.).
SECTION 2: Claim Type
Claim Type
– Annual Claim or Semi-Annual Claim; check the appropriate box.
Claim Type –
First claim for the project, or a subsequent claim; check the appropriate box. If this is a subsequent claim, include a
non-refundable application fee in the amount of $500, made payable to Texas Economic Development
Claim Period
-Actual period covered with this claim, this may be any qualified 12-month period as supported by payroll.
SECTION 3A: Job Position Information (First-Time Claim)
NOTE: Full-time and Permanent Employeesmust be
- All employees full-time (1820 hours or more annually), direct and
permanent employees of the qualified business designated an enterprise project. Contract, leased, part-time or outsourced
employees are not considered employees and do not count for job certification purposes.
1. Number of Jobs Allocated
– Jobs allocated 110% of the number of jobs projected to be created and/or retained in the application
up to the maximum allowed (625 for projects approved prior to 9/1/01, and 250 for projects approved after 9/1/01). This number
was sent with the initial packet designating your project.
2. Total Number of Job Positions submitted for certification
– The total qualifying number of job positions created and/or
retained since project designation and being submitted for certification. When submitting a claim for both new and retained jobs,
submit separate spreadsheets.
3. Total number of employees ED/EZR
-Number of reported employees that are residents of any enterprise zone within the
governing body(ies)’ jurisdiction and/or that are economically disadvantaged. Employees that are both ED and EZR only count
once.
4. Percent of Reported Employees ED/EZR
–Calculate and enter the percentage (line 3 line 2). Projects using the retained job
benefit, at least 25% of employee turnover must be either ED and/or EZR.
5. Total Payroll for all Positions Reported this Claim Period
– Total dollar amount of payroll for all new employees hired no
more than 90 working days prior to the date of designation through the end of this claim period.
6. Total Number of Employees located at all Texas facilities
- Total jobs that are in Texas with the company that is designated an
enterprise project.
7. Total Employees at the Designated Project Facility
– The total number of employees located at the designated project facility
only.
8. Allocation Remaining
– Calculate the allocation remaining by subtracting the number of jobs eligible for certification from the
number of jobs originally allocated at the time of approval.
SECTION 3B: Job Position Information (Subsequent Claim)
NOTE: Full-time and Permanent Employeesmust be
- All employees full-time (1820 hours or more annually), direct and
permanent employees of the qualified business designated an enterprise project. Contract, leased, part-time or outsourced
employees are not considered employees and do not count for job certification purposes.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 9
Program Benefits
1. Number of Jobs Allocated
– Jobs allocated 110% of the number of jobs projected to be created and/or retained in the application
up to the maximum allowed (625 for projects approved prior to 9/1/01, and 250 for projects approved after 9/1/01). This number
was sent with the initial packet designating your project.
2. Total Number of Job Positions Reported
– Total number of new and previously certified job positions created and/or retained
by the project since the 90-day window date. When submitting a claim for both new and retained jobs, submit separate
spreadsheets.
3. Total Number of Job Positions Previously Certified
.
4. Total Number of Job Positions Submitted for Certification this Claim
– Subtract line 3 from line 2.
5. Total number of employees ED/EZR
-Number of reported employees that are residents of any enterprise zone within the
governing body(ies)’ jurisdiction and/or that are economically disadvantaged. Employees that are both ED and EZR only count
once.
6. Percent of Reported Employees ED/EZR
– Calculate and enter the percentage (line 5 line 2). Projects using the retained job
benefit, at least 25% of employee turnover must be either ED and/or EZR.
7. Total Payroll for all Positions Reported this Claim Period
– Total dollar amount of payroll for all new employees hired no
more than 90 working days prior to the date of designation through the end of this claim period.
8. Total Number of Employees located at all Texas facilities
- Total jobs that are in Texas with the company that is designated an
enterprise project.
9. Total employees at the designated project facility
– The total number of employees located at the designated project facility
only.
10. Allocation Remaining
– Calculate the allocation remaining by subtracting the number of jobs eligible for certification (and
previously certified) from the number of jobs originally allocated at the time of approval.
SECTION 4: Required Backup Documents
Verification of Zone Resident Status
– This verification must be from the enterprise zone liaison on governing body letterhead.
Verification of Economically Disadvantaged Status
– This verification must either be TWC pre-screening documentation or the
post-employment forms filled out by the employee (see sample document 1). Only submit forms for employees that qualify as
economically disadvantaged.
Qualified Business Re-certification forms Up-To-Date
– If you are not sure whether this requirement has been met, call our office.
Documentation for “Contribution to Community”
– Submit written documentation of specific contribution(s) made as outlined in
the original enterprise project application. This requirement applies to all projects approved after 9/1/01, and is a result of monitoring
language required by statute.
Power of Attorney
– This attachment is only required if the claim is to be submitted by an outside consultant or independent party.
SECTION 5: Certification of Application
Certification/Signatures must be completed and signed
– This sectionby the person that is designated as the Primary Business
Representative on the original project application.
SECTION 6: List of Jobs for Benefit (spreadsheet – sample document 2)
Job Number
–A job position number is required for each new job created. Each job position is to be identified by a number (i.e. 1, 2,
3, in sequential order, or 1a, 1b, 2a, 2b, etc. if more than one employee occupied a position due to turnover during the claim period).
If a position is occupied by two employees for a short period of time (if an employee quits, and the new person starts before the “old”
employee leaves), only count the hours for one employee and note which employee’s hours are counted. The order continues between
claim years.
Position Title
–The job position title.
Employee Social Security Number/ID No.
-The social security number of each new employee contributing to the cumulative work
hours of a new job position. A permanent I.D. numbering system may be used in lieu of the SS# when the following criteria is met:
1] A statement from the business that it is not agreeable to providing social security information about their employees: and
2] A completed Job Certification-Numbering Affidavit.
Employee Name
–The name of the employee. All employees contributing hours to the new job position must be listed.
Annual Payroll
– The annual payroll paid for this position during the 12-month claim period.
Number of Hours Worked
–The total number of hours worked by each employee for each new job position during the claim
period.
Dates of Employment
– The beginning and ending dates of each employee in the applicable job position. If employee was
transferred to another position within the company then show date of transfer and show employee’s name in both the old and new
position.
EZ Resident
–Signify if the employee was an enterprise zone resident in any enterprise zone within the jurisdiction of the project
applicant governing body(ies) (evidence must be provided by separate record verified by the enterprise zone liaison).
Economically Disadvantaged
–Signify if the employee was economically disadvantaged in accordance with the Enterprise Zone
Act, Chapter 2303.401, Section (c) (evidence must be maintained by employer by separate record). See Page 3, Commonly Asked
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 10
Program Benefits
Questions section for a more detailed definition of economically disadvantaged. Only submit forms for employees that qualify as
economically disadvantaged.
Page Number
– Fill out page number of current page and total pages used.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 11
Program Benefits
SAMPLE DOCUMENT 1
POST-EMPLOYMENT EMPLOYEE CERTIFICATION
The purpose of this survey is to obtain information from you as anemployeeof____ABCCompany_________, which is located in
the ____City of Bluebonnet_________________ Enterprise Zone. Texas Economic Development would like for us to report the
number of jobs we have created and the economic characteristics of ouremployees.Completion of this questionnaire is voluntary.
Responses will be held confidential.
Employee Name Lindsey SellsmithSocial Security No. _###__ - _##_ - _####___
Address, City, Zip 1234 Austin Trail, Bluebonnet, TX 77777 Employment Date 10/30/97
Please place a check mark(s) to the left of any statement that applies to you.
XX I was unemployed for more than 90 days prior to being employed with _ABC Company____________________.
I was receiving public assistance benefits prior to being employed by_________________________, such as welfare, Women
InfantsandChildren(WIC),or food stamp payments; or a member of my immediate family receives SSI (Supplemental
Security Income) or TANF payments (Temporary Assistance to Needy Families). Food Stamps must be received by you, not a
member of your immediate family).
I have a disability. Individuals should be certified by an authorized agency or doctor.
I am homeless, or a foster child (on behalf of whom the government pays benefit), or on parole or entering the workplace after
being confined to a correctional facility.
_XX_I am a member of a family whose totalfamily income, before I was hired, was at or below the level indicated as marked below.
Instructions:
(1) Place a check mark on the line next to thenumberofmembers in your immediatefamily. Include yourself,
all
your spouse, all dependents, and family memberslivingwith you as of your employment date. (2) Add together income
received by individuals in your immediate family for the previoustwelve months, and circle the word below if your combined
incomewasactuallyBELOWthe income limit for the number of family members for
________Travis____________________________ County(s).
Ihavebeenlaidoff or terminated from my employment by a defense contractor, defense related agency or company. Please
list name of the agency or company and date of termination:
XX One Person Family, total income was below$_$14,400
Two Person Family, total income was below$________
Three Person Family, total income was below$________
Four Person Family, total income was below$________
Five Person Family, total income was below$________
Six Person Family, total income was below$________
Seven Person Family, total income was below$________
Eight Person Family, total income was below$________
I hereby certify that the above information is true and correcttothe best of my knowledge and understand that completion of this
form is voluntary.
Lindsey Sellsmith
10/30/97
Employee Signature Date
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 12
Program Benefits
SAMPLE DOCUMENT 2
LIST OF JOBS FOR BENEFIT
ABC Company, Inc.
Project Approved: 10/23/98 / 90-Day Window: 6/16/98
Period of Claim
: January 1, 2000 through December 31, 2000
Project No.
ABC Company EP#######
114 Oak Drive
Bluebonnet, Texas 77777
Hours
Payroll Worked Date Hired to
During During Position / EZ Econ.
Job Position Social Security Employee Claim Claim Date Left Resi- Disad-
No. Title Number Name Period Period Position dent vantaged
PREVIOUSLY CERTIFIED JOBS (updated):
001 Division Director ###-##-#### Dennis E. Director $68,987 2,318 09/01/98 to Present N N
002 Office Manager ###-##-#### Mary Worker $27,208 2,056 09/15/98 to Present N N
003 Sales Manager ###-##-#### Delores Incharge---- 09/15/98 to 06/30/99
003A ###-##-#### Crystal Topseller $29,695 2,677 07/01/99 to Present N N
Y
004 Sales Rep. ###-##-#### Lindsey Sellsmith $45,083 2,020 10/30/98 to Present N
005 Printer ###-##-#### Adam Typeset ---- 01/15/98 to 09/20/99
Y
005A ###-##-#### Marge Preston $23,496 2,155 09/20/99 to Present N
NEW JOBS THIS CLAIM:
006 Sales Rep. ###-##-#### Ben Pressure$42,990 1,980 09/20/98 to 11/31/00
Y
006A ###-##-#### MikeUbuyitt $3,582 160 12/02/00 to Present N
2,140
Position 006 TOTAL
007 Print Shop Mgr. ###-##-#### Adam Typeset $32,450 2,509 09/20/99 to Present N N
008 Printer ###-##-#### Samuel Rotary $6,859 658 08/15/98 to 01/30/00
008A ###-##-#### Luke Printer $14,190 1,227 02/10/00 to Present N N
1,885
Position 008 TOTAL
009 Janitor ###-##-#### Mack Fixit $1,200 160 12/20/98 to 01/26/00
Y
009A ###-##-#### George Washwell $13,650 *1,820 01/15/00 to Present N
1,980
Position 009 TOTAL
Y
010 Receptionist ###-##-#### Stephanie Greeter $18,275 2,080 09/01/98 to Present N
011 Secretary ###-##-#### Jennifer Files$22,438 1,945 02/15/99 to Present N N
012 Maintenance ###-##-#### Mack Fixit $25,587 2,080 01/26/00 to Present N N
Total Jobs Created:
12
Total Payroll:
$375,690
Total Enterprise Zone Residents and/or Economically Disadvantaged:
5 (41%)
0
Vacant Positions:
TOTAL # OF JOBS ON THIS PAGE 12 PAGE # __1__ of _1
TOTAL # OF JOBS ON THIS CLAIM7
*George Washwell was hired to replace Mack Fixit; however, George began working 11 days before Mack left the position for training purposes. Only George’s hours
were counted during the overlap period.
NOTE 1: When calculating the 25% requirement, EZR and ED are only counted once for each employee currently in a position. Vacant
positions or employees that have already terminated are not included in the 25% calculation.
NOTE 2: Adam Typeset originally held position number 005. Adam then moved to position number 007. He is still listed under position
number 005 because he held the position, but no hours are calculated for him because he did not hold the position during the claim period.
Conversely, Mack Fixit originally held position 009, he then moved to position 012. He accumulated hours in both positions during the
claim period, so hours are listed for him for both positions.
NOTE 3: When submitting a subsequent claim, the previous spreadsheet / “List of Jobs for Benefit” must be updated to show that the
previously certified positions are being maintained. Once a position has been certified it must be maintained or remain filled for a period of
3-years. Submittal of any new or subsequent claim period “List of Jobs for Benefit” spreadsheet may be done electronically in MS-Excel
format with the Application for Program Benefits on a diskette.
Texas Economic Development; Rev. 02/01/03 Form JCF-01A; Page 13
Program Benefits
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:10/08/12
Source of Funds:
Requested By:Kenith Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits:Draft Agreement with ICAC
Budgeted Item:YESNO
Exhibits:
SUMMARY & RECOMMENDATION
The Police Department has a long-standing working relationship with the Internet Crimes
Against Children Task Force (ICAC). ICAC’s primary focus is to maintain region-wide
responsibility for the detection, apprehension, and prosecution of persons found to be accessing
or trading child pornography within an eight County area. LPPD Detective Nathan Gates is
currently assigned full-time to the task force, which, until recently, was coordinated by the
Pasadena Independent School District. The task force is primarily funded through a federal
grant, which had reimbursed100% ofthe costs associated with Detective Gates’salary, benefits,
training, transportation, and computer forensic equipment.
As of the 2012/1013 fiscal year, the ICAC grant is being reassigned to the Houston Police
Department(HPD) and HPD isrequesting that Detective Gatescontinue to be detailed to the
ICAC Task Force full-time as one of the group’s two trained forensic examiners. Detective
Gates will work out of the U.S. Secret Service Office located in Downtown Houston.
Available federal ICAC grant funds havedecreased for the 2012/2013 fiscal year andthe new
ICAC grant would cover reimbursements of only $63,000 to cover the costs of the involved
detective’s annual salary and benefits, which is approximately 70% of the detective’s current
annual salary and benefit costs.The City of La Porte is being asked to fund the remaining 30%
of the detective’ssalaryand benefits, which would be approximately $29,000.100% of the
involved detectives total annual salary and benefits wereincluded inthe Police Department’s
2012-2013 budget. In addition to the above reimbursements, the ICAC Grant would provide the
assigned detective with required specialized training, a work space,all required computer
forensic equipment, and a vehicle, including associated fuel, maintenance andinsurance costs.
The initial agreement would be for a term of 1 year, with the intent of extending the agreement
on an annual basis, based on available funding, for a maximum of four (4) years. Detective
Gateswould also continueto be available to provide the La Porte Police Department with
assistance relating to other types of computer forensic needsand respond to emergency incidents
(i.e. hurricanes) within the City whendeemed necessary by the Chief of Police.
Costs-Benefits
Should the decision be made to no longer allow Detective Gates to work with the ICAC
Taskforce, Detective Gates would return to his previous assignment as a general criminal
investigator within the Police Department’s CID Section. Since he would no longerhave the
access to anequipped computer lab, however, the Police Department would no longer have
direct access to these much neededforensic capabilities. Setting upan on-site computer
forensics lab within the City of La Porte would cost approximately $60,000,not including
estimated annual maintenanceand trainingcosts of between $5,000 and $10,000. Without direct
access to a computer forensics lab, the Police Department would have to use available County or
State forensics services, which would greatly increase the time it currently takes the Police
Department to obtain forensic evidencefrom computers, cell phones, and IPADs, which isnow
commonly required in a wide variety of criminal investigations.
Currently, Detective Gatesresponds 3 to 4 times per month to call-outs for the La Porte Police
Department relating to his specialized computer skills and expertise.These incidents include the
special collection and preservation procedures involving sensitive electronic and computerized
evidencefrom various sources. If allowed to remain with the ICAC Task Force, Detective Gates
would continue to be available to perform these services for the Police Department.
Staff is recommending that City Council authorize the City Manager to enter into anAgreement
with the City of Houston Police Department to assign a detective to the ICAC Task Force under
the above described conditions.
Action Required by Council:
Consider approval or other action of authorizing the City Manager to enter into an Agreement
with the City of Houston Police Department to assign a detective to the ICAC Task Forcefor an
initial term of 1 year, with options forextending the agreement on an annual basis, based on
available funding, for a maximum of four (4) years.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
INTERLOCAL AGREEMENT
Internet Crimes Against Children Task Force
Program: Houston Metropolitan Area
STATE OF TEXAS
§
COUNTY OF HARRIS
§
This Interlocal Agreement, hereinafter referred to as the , is entered into by and between the
City of Houston, a Home Rule City of the State of Texas, situated in Harris County, Texas, a political
subdivision of the State of Texas, acting by and through its governing body, the City Council, hereinafter
"City"
referred to as the , and The City of La Porte Texas, , a body corporate and politic, acting by and
through its City Council, and acting for the La Porte Police Department hereinafter referred to as the
LPD
WITNESSETH
WHEREAS, City,
the through the Houston Police Department, hereinafter referred to as the
, has applied for a grant with the U.S. Department of Justice (DOJ), Office of Justice Programs
(OJP), Office of Juvenile Justice and Delinquency Prevention (OJJDP), hereinafter referred to as the
$349,719
for funding in the amount of and entitled,
, hereinafter referred to as the .
WHEREASCity$63,000
, the , has agreed to contribute a total of in reimbursement funds for a
LPD
portion of the salary and benefits for one Detective (70% not exceeding $63,000 a year) The has
agreed to contribute the remaining 30% of the salary and benefits for the Detective (based on the hours
and be
WHEREASGrant
, the target geographic area of such program is the Houston Metropolitan
Area, which includes incorporated as well as unincorporated areas of Harris County, Texas; and all areas
of Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, and Waller Counties.
WHEREASGrant
, the funds, in part, will be expended to pay the salary, fringe benefits,
LPD
overtime, retirement/pension, in-state travel, insurance costs for a Detective (1), hereinafter referred
Detective
Grant
current cases of internet crimes against children and to assist in investigations connected with
program enforcement with jurisdictional issues: and,
WHEREAS, CityLPD
the and the believe it is in their best interests to enter into this
Agreement,
to carry out the Grant program: and,
WHEREAS, City LPD
the and the agree to abide by all pertinent federal, state and local laws
and regulations.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I
PURPOSE
1.01 AgreementDetectiveCity
The purpose of this is to provide for services of an to work with the
and Harris County law enforcement officials to assist in the apprehension and prosecution of
child exploitation, and serve as a liaison between same and other Detectives and law enforcement
Grant
agencies that become involved in on going investigations as a result of the program
enforcement efforts.
ARTICLE II
TERM
2.01 Agreement October 1, 2012
The term of this is to commence on , provided grant funds are
Grant
available and terminate on the expiration date, or on the termination date of any extension
thereof granted by the Department of Justice, Office of Juvenile Justice Delinquency Programs,
October 1,2013
hereinafter referred to as the or , whichever is later. In the event
Agreement
Grant funding is available for the purpose of this after the expiration date
Agreement
for one year at a time for
up to four additional years.
2.02 City LPDCity
The and acknowledge that the must apply each year for a continuation of this
GrantGrantOJJDPGrant
and that the can be discontinued at any time by the . Should the be
OJJDPCityLPD
terminated or not renewed by the for any reason, the and the agree to terminate
Agreement, GrantOJJDP
this on the date the is terminated by the .
2.03
Either party may terminate this Agreement by serving 30 days prior written notice of termination
on the other party.
ARTICLE III
CONSIDERATION
3.01 LPDLPD
The will be paid on the basis of itemized monthly invoices submitted by the and
CityCity
approved by the showing the actual services performed and the attendant fee. The shall
LPDCity
make payment to the within thirty (30) days of the receipt by the of such invoices. If
LPDCity
any items in any invoices submitted by the are disputed by the for any reason,
City
including lack of supporting documentation, the shall temporarily delete the disputed item
CityLPD
and pay the remaining amount of the invoice. The shall promptly notify the of the
dispute and request clarification and/or remedial action. After any dispute shall have been settled,
LPD
the shall include the disputed amount on a subsequent regularly scheduled invoice or on a
City
special invoice for the disputed item only. The decision of the regarding all disputes
LPD
involving invoices shall be final.
3.02 City LPD Agreement
The and theacknowledge that during the term of this the amounts
Grant
provided in may change as the application for renewal of funding in
OJJDP
the future years is reviewed by the . It is further understood and agreed that any
Grant
application for additional funds over and above those amounts shown in ,
CityLPD
shall first be approved by the and the and will be in accordance with the effective
OJJDP
GRANT APPLICATION AND ADMINISTRATION GUIDELINES, of the .
ARTICLE IV
SCOPE OF SERVICES
4.01 LPDDetective
The agrees that the will perform those services provided in attached
hereto and incorporated herein for all intents and purposes.
4.02 LPD
Thewarrants that:
Detective LPDGrant
(a) Services performed by the assigned by the to the program and any
City
property acquired for his use under this or any prior agreement between the and the
LPD GrantProperty
pertaining to the
Grant
exclusively devoted to the program and that the amounts paid for personnel
expenses are not in excess of the actual cost of same.
Detective LPDCity
(b) The is not receiving dual compensation from the and the for the
Agreement
same services performed under the terms of this .
OJJDP
(c) It will cooperate with the , its agents, representatives, and employees, and any
other State of Texas agency in regards to any audit, investigation or inquiry concerning
Grant
the.
Detective
(d) The assigned to work with City of Houston and Harris County law
Detective
enforcement officers shall at all times, remain a LPD employee. Such shall be
LPD Detective
subject to all rules, regulations and procedures applicable. Such shall be
LPD
subject to orders and training.
Agreement
(e) Nothing in this shall constitute an exception from, waiver of or other basis
DetectiveLPD
upon which the is permitted to fail to, fully and promptly comply with all
rules, regulations, procedures and other operating policies.
4.03 LPD
The agrees to comply with the rules, regulations, policies, guidelines and
, as they
Agreement
relate to the and use of Federal Funds.
ARTICLE V
OWNERSHIP OF EQUIPMENT
5.01 Agreement
Upon termination of this , ownership of equipment, hardware, and other non-
expendable items will revert to the City of Houston Police Department, subject to the approval of
the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile
Justice and Delinquency Prevention (OJJDP).
ARTICLE VI
INFORMATION/DATA
6.01 LPDCity
The shall keep all materials to be prepared hereunder and all data it receives in strictest
LPD
confidence excluding those documents and records filed in the Courts. The shall not
City
divulge such information except as approved in writing by the or as otherwise required by
law.
6.02 LPD
The , except as otherwise required by law, shall make no announcement or release of
Agreement
information concerning this until such release has been submitted to and approved in
CityOJJDP
writing by the and the . When issuing statements, press releases, producing printed
Grant
materials, audio visuals and other documents describing or related to the program, such
material shall clearly state that funding was provided by the City of Houston Police Department
Grant
through a from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Office of Juvenile Justice and Delinquency Prevention (OJJDP). Any such publicity shall be in a
OJJDPCity
form approved by the , the and in accordance with State law.
6.03 City
The shall have the right to perform, or cause to be performed, (1) audits of the books and
LPDAgreement
records of the pertaining to the performance under this , and (2)
Agreement.LPD
inspections of all places where work is undertaken in connection with this The
shall be required to keep such books and records available for such purpose for at least four (4)
Agreement
years after the ceasing of its performance under this and to insure the availability,
City
usability and safety of such records. The location of such records shall be disclosed to the
upon request. The location of such records shall not affect the time for bringing a cause of action,
nor the applicable statute of limitations.
6.04 LPD
Theagrees to make all data, reports, records, books, paper, documents and all other
information in any form, electronically produced or otherwise, that are prepared, collected or
Agreement,
assembled for and during performance of this concerning, derived from or as a result
Grant, CityCity Controller
of the available to the and the , through any authorized
representative, within a reasonable time upon request.
ARTICLE VII
INSURANCE AND LIABILITY
7.01 CityLPD
The and the are both governed by the Texas Tort Claims Act, Chapter 101.001 et seq.,
as amended, Texas Civil Practice and Remedies Code Ann., which sets forth certain limitations
and restrictions on the types of liability and the types of insurance coverage that can be required
CityLPD.Agreement
of the and the Each party to this warrants and represents that it is insured
under a commercial insurance policy or self-insured for all claims falling within the Texas Tort
Claims Act.
7.02 Agreement
Each party to this agrees that it shall have no liability whatsoever for the actions or
actions occurred. Each party is solely responsible for the actions and/or omissions of its
employees and officers, to the extent permitted by Texas Law.
ARTICLE VIII
COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
8.01 LPD
Tothe extent required by law, the shall comply with all applicable laws, standards, orders
LPD
and regulations regarding equal employment which are applicable to the performance of
Agreement
this , including Rules of Practice for Administrative Proceeding to Enforce Equal
Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30, which
are incorporated herein by reference.
ARTICLE IX
AMENDMENTS
9.01 Agreement
Thismay be amended by the mutual agreement of the parties hereto in writingto be
Agreement.
attached to and incorporated into this
ARTICLE X
LEGAL CONSTRUCTIONS
10.01 Agreement
In case any one or more of the provisions contained in this shall be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
Agreemen
shall not affect any other provision thereof and this t shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE XI
ENTIRE AGREEMENT
11.01 Agreement
Thissupersedes any and all other agreements, either oral or in writing between the
parties hereto with respect to the subject matter hereof, and no other agreement, statement, or
Agreement
promise relating to the subject matter of this , which is not contained herein, shall be
valid or binding.
ARTICLE XII
LIABILITY
12.01
Each party to this agreement shall be responsible for its own acts of negligence. Where any
injury or property damage results from the joint or concurring negligence of the parties, liability,
if any, shall be shared by each party on the basis of comparative responsibility in accordance with
the applicable laws of the State of Texas, subject to all defenses, is including governmental
immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit
of any person or entity not a party to this agreement; nor shall any provisions in this agreement be
deemed a waiver of any defenses available by law.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THE COUNTERSIGNATURE DATE.
CITY OF HOUSTON, TEXAS
ATTEST/SEAL: APPROVED:
______________________________
____________________________________
Anna Russell, City Secretary Annise D. Parker, Mayor
APPROVED: COUNTERSIGNED BY:
Charles A. McClelland, Jr. Ronald Green, City Controller
Houston Police Chief
APPROVED AS TO FORM: DATE COUNTERSIGNED:
By City Controller
____________________________________ ___________________________________
Senior AssistantCity Attorney Date
LA PORTE POLICE DEPARTMENT
APPROVED:
__________________________________
Corby Alexander, City Manager
__________________________________
Date
__________________________________
Kenith Adcox, Police Chief
__________________________________
Date
LA PORTE POLICE DEPARTMENT
Detective/Investigator
SALARY
$2,576.92 x 26 $67,000.00
FRINGE BENEFITS
FICA 6.2 x $67,000.00 $4,154.00
RETIREMENT 10.83 x $67,000.00 $7,256.00
WC/U 9.0 x $67,000.00 $6,030.00
INSURANCE 10.79 x $67,000.00 $7,229.30
Total Benefits $24,669.30
Total Salary + Benefits $91,669.30
Funded by HPD/Grant (70% not to exceed $63,000.00) $63,000.00
Funded by LPD (30% + remainder of salary/benefits) $28,669.30
Estimated cost for per diem expenses incurred away from duty station to Investigator assigned to
grant position, to be paid in accordance with the La Porte Police Department policy and procedure.
Total HPD/Grant Contractual Expenses $ 63,000.00
Scope of Services
LA PORTE POLICE DEPARTMENT DETECTIVE (1)
This LPD Detective will work with the members of this grant serving as a liaison between members
of this unit, LA PORTE POLICE DEPARTMENT and other local, state and federal law
enforcement agencies. This Detective will actively participate in investigations conducted by
ctional lines in the State of Texas.
This Detective will assist local law enforcement officers in investigating child exploitation crimes
.
that involve the use of the internet
ASSURANCES
A Grantee and the Applicant hereby makes and certifies that as grantee, it and any subgrantee
shall comply with the following conditions:
A grantee and subgrantee must comply DOJ/OJJDP grant rules and UGMS.
1.
2. A grantee and subgrantee must comply with Texas Government Code, Chapter 573, by
second degree of affinity or the third degree of consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person who shall have been continuously
employed for a period of two years, or such period stipulated by local law, prior to the election
or appointment of the officer, employee, or governing body member related to such person in
the prohibited degree.
3. A grantee and subgrantee must insure that all information collected, assemble or maintained by
the applicant relative to a project will be available to the public during normal business hours
in compliance with Texas Government Code, Chapter 552, unless otherwise expressly
prohibited by law.
4. A grantee and subgrantee must comply with Texas Government Code, Chapter 551, which
requires all regular, special or called meeting of governmental bodies be open to the public,
except as otherwise provided by law.
5. A grantee and subgrantee must comply with Section 231.006, Texas Family Code, which
prohibits payments to a person who is in arrears on child support payments.
6. No health and human services agency or public safety or law enforcement agency may contact
with or issue a license, certificate or permit to the owner, operator or administrator of a facility
if the license, permit or certificate has been revoked by another health and human services
agency or public safety or law enforcement agency.
7. A grantee and subgrantee that is a law enforcement agency regulated by Texas Government
Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on
Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas
Government Code or must provide the grantor agency with a certification from the Texas
Commission on Law Enforcement Officer Standards and Education that the agency is in
process of achieving compliance with such rules.
8. When incorporated into a grant award or contract, these standard assurances contained in the
application package become terms or conditions for receipt of grant funds. Administering state
agencies and local subrecipients shall maintain an appropriate contact administration system to
insure that all terms, conditions, and specifications are met.
9. A grantee and subgrantee must comply with the Texas Family Code, Section 261.101 which
requires reporting of all suspected cases of child abuse to local law enforcement authorities and
to the Texas Department of Child Protective and Regulatory Services. Grantees and
subgrantees shall also ensure that all program personnel are properly trained and aware of this
requirement.
10. Grantees and subgrantees will comply with all federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VII of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the
Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended
(42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act
of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being made; and (j) the requirements of any
other nondiscrimination statue(s) which may apply to the application.
Grantees and subgrantees will comply, as applicable, with the provisions of the Davis-Bacon
11.
Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. §§ 276c and 18 U.S.C. §§ 874),
and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding
labor standards for federally assisted construction sub-agreements.
Grantees and subgrantees will comply with requirements of the provisions of the Uniform
12.
Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is acquired as a result
of federal or federally assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of federal participation in purchases.
Grantees and subgrantees will comply with the provisions of the Hatch Political Activity Act (5
13.
U.S.C. § 7321-29) which limit the political activity of employees whose principal employment
activities are funded in whole or in part with Federal funds.
Grantees and subgrantees will comply with the minimum wage and maximum hours provisions
14.
of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as
applicable.
Grantees and subgrantees will insure that the facilities under its ownership, lease or supervision
15.
which shall be utilized in the accomplishment of the project are not listed on the Environmental
r
agency of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the project is under consideration for listing by
the EPA. (EO11738)
Grantees and subgrantees will comply with Article IX, Section 5 of the state appropriations act
16.
which prohibit the use of state funds to influence the outcome of any election or the passage or
defeat of any legislative measure.
HICAC
OUSTON NTERNET RIMES GAINST HILDREN
SPECIAL CONDITION
ASSURANCES CERTIFICATION
I certify that the programs proposed in this application meet all the requirements of the Texas
Houston Internet Crimes Against Children Program, that all the information presented is correct,
and that the applicant will comply with the rules of the Houston Internet Crimes Against Children
and all other applicable federal and state laws, regulations, and guidelines. By appropriate
language incorporated in each grant, sub-grant, or other document under which funds are to be
disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients
of assistance.
LPD Authorized Official Date
HICAC
OUSTON NTERNET RIMES GAINST HILDREN
SPECIAL CONDITION
ASSURANCES CERTIFICATION
I certify that the programs proposed in this application meet all the requirements of the Texas
Houston Internet Crimes Against Children Program, that all the information presented is correct,
and that the applicant will comply with the rules of the Houston Internet Crimes Against Children
and all other applicable federal and state laws, regulations, and guidelines. By appropriate
language incorporated in each grant, subgrant, or other document under which funds are to be
disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients
of assistance.
Annise D. Parker, Mayor Date
City of Houston
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 8, 2012
Source of Funds:n/a
Requested By:Katherine Anderson
Account Number:n/a
Department:Human Resources
Amount Budgeted:n/a
Report: Resolution:Ordinance:
Amount Requested:n/a
Exhibits:Rate Comparison
Budgeted Item:YES x NO
Exhibits:
SUMMARY & RECOMMENDATION
The Dental and Vision carriers two year rate guarantee expired and a Request for Proposal was
These benefits are 100% paid for by the employees with no subsidy from City
developed.
funds.
The proposals were reviewed with the City’s consultant McGriff, Siebels & Williamsand the top
three proposals for dental and vision were identified based on cost, provider network, and
benefits.Each of the top three vendorsfor each benefit was then asked for the final and best
offer. After the review, Human Resources is recommending selecting Met Life for Dental and
the incumbent Block Vision for Vision.
Dental
As was discussed during the budget workshop, staff was forecasting asignificant increase in the
dental plan for two reasons. First, the claims were exceeding the premiums. In fact, the
incumbent carrier chose not to respond to the RFP.Second,the current contract included an
error in pricing that the company did honor but that resulted in unusually favorable pricing for
employees. This favorable pricing structure was not likely to continue into a separate contract.
Additionally, staffwantedto go back to the options of a dental PPO and dental HMO. The
“MAC” plan offered by the incumbent was NOT a true HMO and had caused significant issues
for the employees. The top three vendors all had average increases of 20%. Met Life is
recommended forthe following reasons:
Increased annual benefit from $1,000 to $1,250
Strong network of providers
Additional coverage for implants and porcelain crowns
2 year rates with 7% cap on second year
Vision
Upon review of the top three vendors, staff isrecommending that the Citycontinue with Block
Vision, the incumbent carrier,for the following reasons:
Premium decrease of 1% with added benefits of:
Progressive lenses with co-pay
o
Polycarbonate as standard for adult and children
o
Scratch resistant coating with co-pay
o
4 year rate guaranty
o
In conclusion, staff is recommending approvalto award the bid to Met Life for dental and Block
Vision for vision.
Action Required by Council:
Consider approval or other action awarding RFP for dental and vision insurance benefitsto Met
Life for dental insurance and Block Vision for visioninsurance.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 08, 2012
Source of Funds: General Fund
Requested By: D. Wilmore
Account Number: 001-9092-524-6021
Department: Planning
Amount Budgeted:$75,000
Report: XResolution:Ordinance:
Amount Requested:
Exhibits: List of Dangerous Buildings
Budgeted Item:YESNO
Exhibits: Map of Locations
Exhibits: Dangerous Building Inspection Reports
Exhibits
SUMMARY & RECOMMENDATION
The Dangerous Building Inspection Board, as established by Sect. 82-472 of the City’s Code of
Ordinances, is composed of the Building Official (Debbie Wilmore), the Fire Chief (Mike
Boaze) and the Fire Marshal (Clif Meekins). The Board initially identified eighteen (18)
substandard structures; however, five (5) structures were demolished by the owners and need no
action by City Council.
In accordance with Sect. 82-473 of the City’s Code of Ordinances, the Board has deemed the
remaining thirteen (13) structures “a public nuisance and hazard”.Whenever the Board
determines violations under this section exist, the building or structure is considered “dangerous
or substandard”.As of 09/25/12, staff has obtained an executed “voluntary consent to demolish”
form on 213 Bayshore Dr. (aka N. Bayshore Dr.) so no action by Council will be needed.
Council is being asked to review the Board’s findings on the remaining (12) locations and then
authorize a public hearing for the purpose of ordering repairs or possible condemnation with
subsequent demolition of the structures. Staff isrequesting a November 12, 2012public hearing
date.
Action Required by Council:
1.Review findings of the Dangerous Building Inspection Board;and
2.Consider approval or other action to authorizeaNovember 12, 2012public hearing date
Approved for City Council Agenda
Corby D.Alexander, City ManagerDate
SUBSTANDARD BUILDING LIST
(Summer 2012 Group)
1)9510 Belfast Rd.
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#084-294-000-0253
Legal Description:Blk. 15; Lot 253; Spenwick Place, S. 2
Improvements:$20,668
Taxes Owed:$3,264.60 (In October)
Mowing/Clean-up:$1,705.00 (As of 08/02/12)
Utility Billing:$450.20 Write-Off, Year 2009
2)2223 Underwood Rd.
(Non-Residential Building in a GC, General Commercial Zone)
HCAD:#023-141-000-0686
Legal Description:Tr. 490B-1; La Porte Outlots
Improvements:$2,656
Taxes Owed:0
Mowing/Clean-up:$125.00 (As of 08/02/12)
Utility Billing:$151.21 Write-off, Year 2000
3)1829 Valley View Dr.
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#095-333-000-0033
Legal Description:Blk. 1; Lot 33; Greendale U/R
Improvements:$26,131
Taxes Owed:$1,805.90 (In October)
Mowing/Clean-up:$540.00 (As of 08/02/12)
Utility Billing:$440.16Write-off, Year 2009
th
4)129 N. 10St. (Hwy 146 North)
(Non-Residential Building in a GC, General Commercial Zone)
HCAD:#023-183-050-0027
Legal Description:Blk. 50; Trs. 27-33; La Porte
Improvements:$122,912
Taxes Owed:0
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:0
5)402 Bay Oaks Rd.
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#063-021-002-0009
Legal Description:Blk. 2; Lot 9; Bay Oaks
Improvements:$100
Taxes Owed:0
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:0
Substandard Building List, Summer 2012 Group Con’t….Page 2
6)3031S. Broadway (Old Highway 146)
(Apartments in an R-3, High-Density Residential Zone)
HCAD:#061-057-001-0013
Legal Description:Blk.1; Res. A3; Bayside Terrace R/P
Improvements:$168,255
Taxes Owed:0
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:0
7)135 Pine Bluff St.
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#058-012-008-0011
Legal Description:Blk. 8; Lot 11; Pine Bluff
Improvements:$30,039
Taxes Owed:$3,105.67 (In October)
Mowing/Clean-up:$ 595.00 (As of 09/21/12)
Utility Billing:$ 360.79 Write-offs in 2010 & 2012
8)213 Bayshore Dr.(aka N. Bayshore Dr.)
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#035-211-012-0001
Legal Description:Blk. 12; Lots 1-3; Sylvan Beach
Improvements:$45,403
Taxes Owed:$904.27 (In October)
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:$411.95 Write-off, Year 2012
9)508 Donaldson St.(aka S. Donaldson Ave.)
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#006-123-000-0019
Legal Description:Blk. 33; Lots 19-26; Bayfront to La Porte
Improvements:$87,069
Taxes Owed:0
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:0
10)111 S. Carroll St.
(
Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#006-177-000-0006
Legal Description:Blk. 87; Lots 6,7; Bayfront to La Porte
Improvements:$48,731
Taxes Owed:$13,945.45 (In October)
Mowing/Clean-up:$3,875.00 (As of 08/02/12)
Utility Billing:0
Substandard Building List, Summer 2012 Group Con’t….Page 3
nd
11)303 W. Polk St.(On same property w/ 115 N. 2St.)
(Secondary Garage Apartment in aMSD, Main Street District)
HCAD:#023-191-000-0032
Legal Description:Blk.58; Lots 32,33; La Porte
Improvements:$45,952 (includes Duplex + Secondary Structure)
Taxes Owed:$92.02 (In October)
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:$260.33 (Account is active; no payment since Dec. 2011)
th
12)318 N. 5St.
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD:#023-204-080-0007
Legal Description:Blk. 80; Lots 7,8; La Porte
Improvements:$30,173
Taxes Owed:$5,368.65 (In October)
Mowing/Clean-up:$815.00 (As of 08/02/12)
Utility Billing:$298.25 Write-off, Year 2007
13)500 W. Main St.
(Non-Residential Building in the MSO, Main Street Overlay District)
HCAD:#023-189-000-0021
Legal Description:Blk. 56; Lots 21-23; La Porte
Improvements:$44,653
Taxes Owed:0
Mowing/Clean-up:0 (As of 08/02/12)
Utility Billing:0
TS YAWDAORB S
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ELLIVSKRALC
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012Appropriation
Requested By:Stephen L. BarrSource of Funds: Fund 015
Department:Parks & RecreationAcct Number:015-9892-622-1100
Report:XResolution: Ordinance: Amount Budgeted: 1,030,000
Attachments:Lomax Arena Scenarios Requested:
Attachments:Change Order #1Budgeted Item(s): YES XNO
Attachments:Revised Change Order #1
Attachments:Termination Agreement
_____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
rd
On July 23the City Council awarded the Lomax Arena Roof Replacement and Alternate 1 Extensions to
Civil Concepts Construction,LLC in the amount of $455,499. This price did not include the electrical
component,as it was included in the pavilion buildingsportion of the bidthat was not awarded. At the
August 27 Council meeting, staff presented three options for Council considerationrelative to adding the
electrical component. The item was tabled with a request for additional information,clarification of the
project parameters,and alloptions available for additional consideration.
The attached report outlines sevenseparatescenarios that have been identified as viable optionsat this
point in the process, for moving forward with the repair/reconstruction of the Lomax Arena.
Civil Concepts has formally agreed that if the Council chooses to pursue other scenarios for constructing
or repairingthe Lomax Arena Complex,it(Civil Concepts)will relinquish any contract rights to the
project.
Staff is seeking Council direction on the approach and scope for the project.
Action Required by Council:
Any direction desired by Council.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander, CityManagerDate
Council Agenda Item
September 24,2012
9.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, Monday, October 22, 2012
(b)
City Council Meeting, Monday, October 22, 2012
(c)
City Council Meeting, Monday, November 12, 2012
(d)
Thanksgiving Holidays –Thursday, November 22, 2012, and Friday,
November 23, 2012
10. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies–Councilmembers Kaminski, Zemanek,
Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby.
11.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code, including, but not limited to, the following:
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation
–State vs. Port of Houston -Sound Mediation
Texas Government Code, Section 551.071(1)(A) –
Pending or Contemplated Litigation
–Tammy Cooper vs. City of La Porte
12. RECONVENE
into regular session and consider action, if any, on item(s) discussed in
executive session.
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Council Agenda Item
October 8, 2012
13.ADJOURN
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