HomeMy WebLinkAbout10-08-12 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Mayor Pro-Tem, Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
CITY COUNCIL MEETING AGENDA
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
Notice is hereby given of a Regular Meeting of 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,
La Porte, 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 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.)
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 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 Contract between 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 Community Development 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 improvements to 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 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.
13. ADJOURN
In 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.)
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LOUIS RIGBY
Mayor
JOHN ZEMANEK
Mayor Pro Tem
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 24, 2012
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, September 24, 2012, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the
following items of business:
1. CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Zemanek, Engelken, Mosteit, Martin, Kaminski, Clausen and Moser. Also present
were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Traci
Leach and Assistant City Attorney Clark Askins. Councilmember Leonard was absent.
2. INVOCATION - The invocation was given by Rev. 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" proclamation to Gideon Jones.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Larry Haller, 122 S. 17th, addressed Council in favor of amendments to construction requirements
for dust 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 property may 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.
Mark Follis, 831 S. 7th, addressed Council regarding Item 7c, reimbursing permit fees paid by
La Porte 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 1 of 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 regarding an 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 regarding an 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 regarding an 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 County for 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 regarding an ordinance amending the City of La Porte
Development Ordinance by capping fill dirt permit fees for project sites — T. Tietjens
Regarding Consent Item 6g, Mayor Rigby removed the item for voting separately.
Regarding Consent Item 6d, Assistant City Attorney Clark Askins read the caption of Ordinance
2012-3435: AN ORDINANCE APPROVING AND AUTHORIZING 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.
Regarding Consent Item 6f, Assistant City Attorney Clark Askins read the caption of Ordinance
2012-3436: AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, RELATING TO PAYMENT
TERMS FOR THE USE 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 Agenda Items a-f and h, pursuant to
recommendations by staff. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
Page 2 of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Engelken moved to approve Consent Agenda Item G, with an amendment in the
body of the Resolution to show adoption is by a majority and not by resolution. Councilmember
Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
Regarding Consent Item 6g, Assistant City Attorney Clark Askins read the caption of Resolution
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 to authorize the City Manager to execute a professional services
agreement with Mueller Management for a Planning Department audit. Councilmember Martin
seconded. MOTION PASSED.
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 adopted under Consent Item 6h, as reading the caption was inadvertently overlooked at 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 3 of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Martin moved to authorize 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. Councilmember Moser seconded. MOTION PASSED.
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 Martin moved to reimburse permit fees paid by La Porte Real Properties in the
amount of $24, 587.00. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit and Martin
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 Engelken moved to approve the Meet and Confer Agreement between the City of
La Porte and the La Porte Police Officers' Association. Councilmember Zemanek seconded.
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 questioned the 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-evaluation the base and sub -grade. City Manager Corby Alexander
commented after the ratings are 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 125 miles of streets will be
evaluated.
Page 4 of 7
September 24, 2012, City Council Meeting Minutes
Councilmember Moser moved to authorize 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
Tax (Fund 033) reserve balance. Councilmember Engelken seconded. MOTION PASSED.
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 Engelken moved to send this item to the Planning and Zoning Commission for their
consideration and recommendation of amendments, if any, to construction requirements for dust
free surfaces prior to coming back to Council. Councilmember Moser seconded. MOTION
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 and business 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 to send a letter of support for the Port of Houston Sunset Advisory
Commission. Clausen seconded. MOTION PASSED.
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 5 of 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 to cast 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.
Martin seconded. MOTION PASSED.
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 on the Firefighter's
Pension Board. Councilmember Moser seconded. MOTION PASSED.
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 meeting which took
place prior 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, October 8, 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 a natural disaster, and he thanked 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 — Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken,
Mosteit, Clausen, Martin and Mayor Rigby.
Page 6 of 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
and congratulated 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 7:03 p.m. to discuss
the State vs. Port of Houston — Sound Mediation; Tammy Cooper vs. City of La Porte; and the
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 7:56 p.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; and there were no comments or Council action
regarding the item on City Manager Corby Alexander.
14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at 7:58
p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY.
Respectfully submitted,
Patrice Fogarty, City Secretary
Passed and approved on October 8, 2012.
Mayor Louis R. Rigby
Page 7 of 7
September 24, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 8, 2012
Requested By C. Alexander/P. Fogarty
City Manager/City Secretary
Department:
Report: Resolution: Ordinance:
Exhibits:
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
City Council has traditionally held one meeting per month during the months of November and
December. Staff recommends the following changes to the regular meetings schedule to
accommodate the upcoming holidays:
• Conduct regular meeting on November 12, 2012
• Cancel the November 26, 2012, meeting due to the Thanksgiving holidays
• Conduct regular meeting on December 10, 2012
• Cancel the December 24, 2012, meeting due to the Christmas holidays
Should a need arise to conduct business, a special called meeting would be scheduled.
Action Required by Council:
Consider approval or other action of amended meeting dates as follows:
• Cancel the November 26, 2012, meeting due to the Thanksgiving holidays
• Cancel the December 24, 2012, meeting due to the Christmas holidays
Approved for City Council Agenda
Corby D. Alexander, City Manager
Date
Agenda Date Requested: October 8,2012
Requested By: Denise Mitrano
Department: Municipal Court
Report: Resolution: Ordinance: X
I- I
Exhibits: Proposed amended Interlocal Cooperation Contract
Exhibits: City Ordinance
Exhibits Original Ordinance and laterlocal Cooperation -Contract
Buftet
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On April 11, 2005, the City of La Porte entered into an Interlocal Cooperation Contract
with the Texas Department of Public Safety ("TDPS") to implement the Failure to Appear
Program. This program is offered by the Driver License Division under Chapter 706 of the
Transportation Code. The City Manager was authorized to sign the original contract.
During the 82 nd Legislative Session, Section 706.005 T.C. was amended to require courts to
immediately notify TDPS when a persons's driver's license is cleared. Under the original
contract, courts are required to report compliance within five business days,. Thus, TDPS
has submitted an amended contract reflecting this legislative change. The new language is
contained in the last sentence in Section IX, page 3, of the proposed contract.
Action Required by Council:
Consider approval or other action authorizing the City Manager to execute the amended. Interlocal Cooperation
Contract.
Approved for Citv Council Agenda
Corby 1). Alexander, City Manager Date
"Departments or "TDPSn means the Texas Department of Public Safety:
Revised (11104) 2
court receives appropriate payment.or other information that satisfies the citizen's
Revised (11/04) 5
Each party may participate in.the defense of a claim -or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without the.other parties' written consent.
To the extent authorized by law, the local political subdivision agrees to
indemnity and hold harmless 'the TDPS against any. ciaims, suits, actions,
damages and costs of every nature or description arising out of or resultingfrom
the performance of this Contract, and the local political subdivision further agrees
to satisfy any final judgement awarded against the local political subdivision or
the TDPS arising from the performance of this Contract, provided said claim, suit,
action, damage, judgement or related cost is not attributed by the judgement of a
court of competent jurisdiction to the sole negligence of the TDPS.
it is the agreement of the parties that -any litigation involving the parties to this
Contract. may not be compromised or settled without the `express consent of the
TDPS, unless. such litigation does not name the TDPS as.a party.
This section is subject to the statutory rights and duties of the Attorney General
for the State. of Texas.
XIV. Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
ACV. Severability
If any provision. of this Contract. is. held to beill ega. I, invalid or unenforceable
under present or future laws effective during the term hereof, such provision shah
be fatly severable. This Contract shalt be construed. and enforced. as if such
illegal, invalid or unenforceable provision had never comprised a part hereof, and
the remaining provisions shall remain in full force and effect and shall not be
affected by the. illegal, invalid or unenforceable provision or by its severance
therefrom.
Revised (11104). 6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF L.A. FORTE:
Section to The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte. The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of October, 2012.
Patrice Fogarty
City Secretary
Cl'-cfrk T. Askins
Assistant City Attorney
By.
Louis R. Rigby
Mayor
0
STATE OF TEXAS §
COUNTY OF §
This Interlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision of
the State of Texas, and the of
a local political subdivision of the State of Texas.
III. Overview
The purpose of this Contract is to implement the provisions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TDPS to provide information necessary to deny renewal of the driver license of
a person who fails to appear for a complaint or citation or fails to pay or satisfy a
judgment ordering payment of a fine and cost in the manner ordered by the court
in a matter involving any offense that a court has jurisdiction of under Chapter 4,
Code of Criminal Procedure.
The TDPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code §706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing
the FTA System as a source of information, the TDPS may deny renewal of a
driver license to a person who is the subject of an FTA System entry.
Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee established by this Contract. The TDPS will make no
direct or indirect payments .to the Vendor. The Vendor will ensure that accurate
information is available to the TDPS, political subdivisions and persons seeking to
clear their licenses at all reasonable times.
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
Revised (12/11)
"Department" or "TDPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" refers to the implementation efforts
of all parties, including those system components provided by the TDPS, local
political subdivisions and the Vendor, including the FTA System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor.
"FTA Software" refers to computer software developed or maintained now or in the
future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to pay or satisfy a judgment
and which has submitted an appropriate FTA Report,
"State" refers to the State of Texas.
"Local political subdivision" refers to a city or county of the State of Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and interpreted accordingly.
The parties agree that this Contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enforcement of
this Contract shall lie in Travis County, Texas.
This Contract applies to each FTA Report submitted to and accepted by the TDPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
Revised (12/11) 2
VII. Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided in
addition to any other warnings required by law. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails .to pay or satisfy a judgment ordering the payment of a
fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on the
citation or on a separate instrument.
If the person fails to appear or fails to pay or satisfy a judgment as required by law,
the local political subdivision may submit an FTA Report containing the following
information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the person who
failed to appear or failed to pay or satisfy a judgment;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to pay or satisfy a
judgment as required by law;
(7) the date that the person failed to appear or failed to pay or satisfy a judgment;
and
(3) any other information required by the TDPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FTA Reports are accurate, complete and non -duplicative.
IX. Clearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or reports
to the Vendor or the TDPS. The clearance report shall identify the person, state
whether or not a fee was required, advise the TDPS to lift the denial of renewal
and state the grounds for the action. All clearance reports must be submitted
immediately from the time and date that the originating court receives appropriate
payment or other information that satisfies the citizen's obligation to that court.
Revised (12/11)
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FTA Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. If the person is acquitted of the
underlying offense for which the original FTA Report was filed, the originating court
shall not.require payment of the administrative fee. The local political subdivision
shall submit a clearance report immediately advising the TDPS to lift the denial of
renewal and identifying the grounds for the action.
The local political subdivision must immediately file a clearance report upon
payment of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of arrest was
issued or judgment arose;
(2) the dismissal of the charge for which the warrant of arrest was issued or
judgment arose;
(3) the posting of a bond or the giving of other security to reinstate the charge for
which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding
judgment of the court; or
(5) other suitable arrangement to pay the fine and cost within the court's discretion.
The TDPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FTA Report was
submitted in error or has been destroyed in accordance with the local political
subdivision's record retention policy,
X. Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
An officer collecting fees pursuant to Texas Transportation Code §706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest -bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code §706.006 to the Comptroller on or before the last day of each
Revised (12/11) 4
.calendar quarter and retain $10.00 of each fee for payment to the Vendor and
credit to the general fund of the municipal or county treasury.
The TDPS has contracted with OmniBase Services of Texas ("Vendor"), a
corporation organized and incorporated under the laws of the State of Texas, with
its principal place of business in Austin, Texas, to assist with the implementation of
'the FTA Program.
Correspondence to the Vendor may be addressed as follows:
OmniBase Services of Texas
7320 North Mo Pac Expressway, Suite 310
Austin, Texas 78731
(512) 346-6.511 ext. 100, (512) 346-9312 (fax)
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the local
political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision.
In the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a good faith effort to notify the TDPS
immediately.
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without written consent.
To the extent authorized by law, the local political subdivision City agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
Revised (12/1 t) 5
damages and costs of every nature or description arising out of or resulting from
the performance of this Contract, and the local political subdivision City further
agrees to satisfy any final judgment awarded against the local political subdivision
City or the TDPS arising from the performance of this Contract, provided said
claim, suit, action, damage, judgment or related cost is not attributed by the
judgment of a court of competent jurisdiction to the sole negligence of the TDPS.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TDPS, unless such litigation does not name the TDPS as a party.
This section is subject to the statutory rights and duties of the Attorney General for
the State of Texas.
XIV. Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
XV. Severability
If any provision of this Contract is held to be illegal, invalid or unenforceable under
present or future laws effective during the term hereof, such provision shall be fully
severable. This Contract shall be construed and enforced as if such illegal, invalid
or unenforceable provision had never comprised a part hereof, and the remaining
provisions shall remain in full force and effect and shall not be affected by the
illegal, invalid or unenforceable provision or by its severance therefrom.
XVI. Multiple Counterparts
This Contract may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which constitutes,
collectively, one Contract. But, in making proof of this Contract, it shall not be
necessary to produce or account for more than one such counterpart.
XVII. Effective Date of Contract
This Contract shall be in effect from and after the date that the final signature is set forth
below. This Contract shall automatically renew on a yearly basis. However, either party
may terminate this Contract upon thirty days written notice to the other party. Notice may
be given at the following addresses:
Revised (12/11) 6
Local political subdivision
Texas Department of Public Safety
Attn: Enforcement and Compliance Service
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(512) 424-5311 [fax]
Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever
occurs first. After termination, the local political subdivision has a continuing obligation to
report dispositions and collect fees for all violators in the FTA System at the time of
termination.
TEXAS DEPARTMENT OF LOCAL POLITICAL SUBDIVISION*
PUBLIC S-LFETY
Sheri Gipson
Deputy Administrator
Date
Authorized Signature
Title
Date
*An additional page may be attached if more than one signature is required to execute
this Contract on behalf of the local political subdivision. Each signature block must
contain the person's title and date.
Revised (12/11) 7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012
Requested By: David Mick
Department: Public Works
Report: Resolution: Ordinance
Exhibits: HGAC Pricing Worksheet Ambulance
Exhibits: HGAC Pricing Worksheet Bus
Exhibits 2012-13 Vehicle Replacement List
Budget
Source of Funds: Motorpool 009
009-5059-522-8050
Account Number: 009-8082-551-8050
Amount Budgeted S 313,044.00
Amount Requested: $ 268,315.81
Budgeted Item: yes
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 chassis and an Aero Elite bus with a Ford F-550
gasoline powered chassis through HGAC's cooperative purchasing program in the amount of
$276,157.27
Approved for City Council Agenda
Corby D. Alexander City Manager
Date
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Contract
No.:
AM04-10
Date
Prepared:
09/11/12
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both the PO and the
Worksheet MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying
Agency:
City of La Porte EMS
Contractor:
Dallas Dodge Quote #7600C-HGAC
Contact
Person:
Jason Peugeot
Prepared
By:
Tim Middlebrooks
Phone:
281-471-9244
Phone:
214-319-1336
Fax:
281-471-0688
Fax:
214-319-1306
Email:
peugeotj@laportetx.gov
Email:
tmiddiebrooks@kag-1.net
Product Code:Descri
Code:
LA10
ption:
Type I 14' on Dodge Ram 4500 Diesel DRW Cab/Chassis, Gen Pwrd Mod
Product Item Base Unit Price Per Contractor's H-GAC Contract: $124,500.0
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
Note: Published Options are options which were submitted and priced in Contractor's bid.)
Description
Cost
Description
Cost
1-Heat shielding for diesel chassis
$1,500.00
1199-(x6) Install miscellaneous equipment
$3,000.0
9-Granning air suspension system for Dodge Ram 4500
$5,500.00
1140-Install a Voyager back up camera on the rear wall
$400.0
77-Air Liquide electric 02 panel with monitor at the action w
$1,275.00
1142-Install a Voyager camera in the patient compartment on th
$400.0
1305-All products listed in the current Stryker "List Price Book
$16,161.00
1147-Install a Voyager quad view monitor in the truck cab near
$800.0
9-Buell dual 10" & 12" air horns through front bumper
$800.00
16-Arm rests on the console
$200.0
9-Mount a fast recovery compressor for the air horn system be
$1,200.00
6-(2) large aluminum map holders on rear of console
$350.0
1209-(xl4)Lighting modification from base (each)
$7,000.00
28-3 receptacle 12VDC outlet, no medical diode isolator on pas
$100.0
188-Squad bench cabinet w/ padding on end
$600.00
42-2 high glove box holder on back wall of truck cab
$125.0
68-Grey EVS captain's chair with built-in child safety seat
$700.00
380-Install a Sharps container and bracket on the rear wall abov
$75.0
185-Netting at the head of the squad bench
$750.00
415-Install a 2 high glove box holder on the rear wall above the
$125.0
1167-3M diamond grade conspicuity tape in Chevron pattern o
$1,500.00
Subtotal From Additional Sheet(s):
$16,825.0
1171-Double 8" 3M reflective stripe with non -reflective pinstril
$2,700.00
Subtotal B:
$62,086.0
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description
Cost
Description Cost
ear Sway Bar
$700.00
ox MedVault
$2,189.00
Subtotal From Additional Sheet(s):
oftware package
$250.00
11
Subtotal C: 313
ffal cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
For this transaction the percentage is: 2°/
Total Cost Before Any Applicable Trade -In / Other Allowances / Discounts (A+B+C)
Quantity Ordered: 1� X Subtotal of A+ B + C: $189,725.00 =
Subtotal D: $189,725.0
H-GAC Order Processing Charge (Amount Per Current Policy) IF Subtotal E: $1,000.0
F. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description
Cost
Description
Cost
Trade -In
$'P4V,4VaJm.(m
Subtotal F:
-1000
Delivery Date:
IF
G. Total Purchase Price (D+E+F).
$180,725.0
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Contract
No.:
AM04-10
Date
Prepared:
09/11/12
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both the PO and the
Worksheet MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying
Agency:
City of La Porte EMS
Contractor:
Dallas Dodge Quote #7600C-HGAC
Contact
Person:
Jason Peugeot
Prepared
By:
Tim Middlebrooks
Phone:
281-471-9244
Phone:
214-319-1336
Fax:
281-471-0688
Fax:
214-319-1306
Email:
peugeotj@laportetx.gov
Email:
tmiddiebrooks@kag-1.net
Product
Code:
Description:
Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
Note: Published Options are options which were submitted and priced in Contractor's bid.)
Description
Cost
Description
Cost
33-2 high powder coated aluminum jumbo "D" cylinder hpldei
$175.00
531-There is an electric lock actuator on the side main door
$300.0
39-Install a (2) high "D" cylinder holder in the 02 compartmei
$175.00
532-There is an electric lock actuator on the rear main door
$300.0
37-Extra overhead grab rails on a 14' unit
$275.00
541-There is an electric lock actuator on the 02 compartment d
$300.0
199-22 pocket acrylic organizer above the squad bench
$450.00
1210-(x4)Exterior compartment and/ or structure modification (
$2,000.0
65-175-4 dual position cot mount
$100.00
1211-(x4)Inter compartment/ cabinet modification (each)
$2,000.0
89-Mount an MDT swivel on the action wall countertop in fro
$425.00
1191-Foam insulation in walls
$1,500.0
8-(2)Furnish and install a Streamlight SL-20XP flashlight on t
$400.00
27-Install a digital clock in the cushions above the rear doors v
$375.00
40-Install an extra 02 outlet in the ceiling raceway above the r
$350.00
44-This unit gets an Engel 34 qt. Refrigerator with a hasp abo
$1,400.00
03-This unit gets a 3M Opticom Install a GPS antenna system
$6,000.00
Subtotal From Additional Sheet(s):
33-There is an electric lock actuator on the front I/O door
$300.00
Subtotal B:
$16,825.0
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description
Cost
Description Cost
Subtotal From Additional Sheet(s):
11
Subtotal C:
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
For this transaction the percentage is: 0°/
Total Cost Before Any Applicable Trade -In / Other Allowances / Discounts (A+B+C)
Quantity Ordered: 1 1 X Subtotal of A + B + C: $16,825.00 =
Subtotal D: $0.0
H-GAC Order Processing Charge (Amount Per Current Policy) Subtotal E:
F. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description
Cost
Description
Cost
Subtotal F:
Delivery Date:
G. Total Purchase Price (DKF:F
$0.0
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
Total A. $67,840.00
D. Total Cost Before Any Applicable Trade -In 1 Other Allowances 1 Discounts A+B+C
Subtotal of A + B + C: $86.110.00
X Quantity Ordered: 1
Subtotal D: $86,110.00
E. H-GAC Order Processing Charge (Amount Per Current Policy)
Total �: $600.00
F. Trade -Ins / Other Allowances I Special Discounts/ Freight./ Installation -;Itemized. on attached additionalsheet.(0)
Subtotal F From Additional Sheet(s): $880.81
G.`Total Purchase Price
Total from (D+E+F): $87,5W81
Estimated. number of days until delivery. _
180 - 210
Acceptance Date SIGNATURE Authorized Si nature T_
ELDORADO NATIONAL IDS
Type IIIHD Transit Bus
Aero Elite F550 320 - 20 Pass. w12 Wheelchair spaces
STANDARD EQUIPMENT
CHASSIS
Ford F-550 Super Duty "Cab & Chassis", 19,500 GVWR, 201"wheelbase
6.8 liter, 3-valve V10 gasoline engine, 305 horsepower @ 4250 RPMs
TorgShifC 5-speed Automatic Transmission wl overdrive & external cooler
Heavy Duty OEM Alternator (225 amps)
Stationary elevated idle control (SEIC)*
Tilt steering column
Steel belted radial tires (225I70Rx19.5)
Dual batteries
Four (4) wheel disc brakes w1ABS
40gallon fuel tank
In dash a/c, heat, & defrost
Black rubber flooring in cab area
AERO ELITE BODY:
29"x 41" tinted T-slide passenger windows positioned at each row
30" manual entry door (29" clear width)
Left hand entry hand rail in step well, stanchions & modesty panel
White step safety nosing
Color, number & function coded computer tested electrical wiring
Interior central power panel
Easy access driver control console, located for safety
Trac-Lock, adjustable track seating
Black RCA transit grade floor rubber wl ribbed aisle
Contoured exterior mirrors wl convex lens in a resin injection -molded housing
Interior courtesy lights
Exterior D.O.T. clearance lights
Durable fiberglass sidewall panels
CRASH TESTED, impact resistant, non corrosive composite body
Bright white exterior finish wl durable Gelcoated exterior finish
3l4" sealed & undercoated exterior grade plywood floor
40,000 lb. load bearing structural steel floor under structure
AIR CONDITIONING:
Rear Air Conditioning system rated at 90,000 BTU's with:
• Dual compressors, chassis supplied plus an auxiliary dedicated to rear system
• Three fan skirt mounted condenser unit rated at 78,000 BTU's12,775 CFM's
• Rear evaporator, rated at 90,000 BTU's12,400 CFM's
GENERAL & SAFETY FEATURES:
Exterior entry door light
Auxiliary high idle control
Reverse alarm
Right & left hand entry hand rail in step well
Overhead handrail
Driver's passenger view mirror
First aid kit, fire extinguisher, & reflector kit
SEATING:
Freedman low back passenger seats with:
• Commercial grade fabric or vinyl upholstery
• Freedman high back reclining driver's seat wl armrests
PARATRANSIT:
ADA compliance features with:
• Double outward opening wheelchair lift door
• Fully automatic wheelchair lift
• Transmission interlock
• Interior and exterior lights in the lift area
• Retractable (4) point wheelchair securement tie downs
• Priority seating decals
• Freedman flip seats over the wheelchair positions wlseatbelt
EXTERIOR
Bright white exterior wl durable gel coat finish
Area around windows painted black
INTERIOR LAYOUT:
r6275�
EGRESS SY1NDOiY
EGRESS WINOOW
■ �r
..... .....
EGRESS WINDOW
PRICING 777771
Base Contract Price Is $ 67,840.00
Base selling price is F.O.B. Salina, Kansas.
MANUFACTURER'S PUBLISHEDOPTIONS
QTY DESCRIPTION
i Heavy Duty Rear Door W/Upper Window
1 30" Electric Entry Door in lieu of Manual Door
1 Window Each Side of Rear Door
I ACT 9333 Max 125,000 BTU a/c System
i Passenger Overhead Storage Compartment
1 Driver's Storage Comparment - Over Windshield
20 Retractable Seat Belts wl Underseat Retractors
i LED Exterior Light Package
i Gray Transit Grade Floor Rubber wl Ribbed Aisle
i Spare Tire Ship Loose
f Modesty Panel, Drivers Option
1 Freedman Featherweight 34" Double Flip Seat
1 Freedman Forward Facing Double Foldaway Passenger Seat
1 Tie Down Belt Storage Box
Total Cost of:Manufacturer's Published Options
UNPUBLISHED OPTIONS
DESCRIPTION
Liquid Spring Suspension System
Total Cost of Unpublished Optional; Equipment
UNIT PRICE
EXTENDED
$540.00
540.00
$295.00
295.00
$180.00
180.00
$4,250.00
4,250.00
$1,200.00
1,200.00
$125.00
125.00
$48.00
960.00
$300.00
300.00
$250.00
250.00
$280.00
280.00
$50.00
50.00
$344.00
344.00
$565.00
565.00
$31.00
31.00
$ 9,370.00
UNIT PRICE EXTENDED
8,900.00 8,900.00
U,9UU.UU
NON -EQUIPMENT CHARGES
QTY DESCRIPTION UNIT PRICE EXTENDED
1 Dealer Inventory Tax 142.81 142.81
1 Delivery from manufacturing plant 738.00 738.00
arges
Total Cost of Non -equipment` Ch$ 880.81
CITY OF LA P ORTE
SUMMARY OF VEHICLE REPLACEMENTS
FISCAL YEAR 2012-13
Account Numbei-
Amount
Unit
DeseAption
009-5051-522-8050
$ 437,091
51-30
1992 KME Fire Truck
009-5059-522-8051
193,044
59-27
2008 Ford F450 Ambulance C&C w/module
009-5252-521-8050
31,859
52-08
2005 Ford Police Interceptor
009-5253-521-8050
31,859
53-27
2003 Ford Police Interceptor
009-5253-521-8050
31,859
53-40
2004 Ford Police Interceptor
009-5253-521-8051
31,859
53-49
2005 Ford Police Interceptor
009-5253-521-8050
31,859
53-50
2005 Ford Police Interceptor
009-5253-521-8051
31,859
53-56
2006 Ford Police Interceptor
009-6049-551-8050
29,577
49-14
2007 Jacobsen Riding Greens Mower
009-6049-551-8050
7,976
49-15
Electric Truckster
009-6049-551-8050
26,115
49-22
Jolm Deere Truckster
009-6049-551-8050
12,579
49-90
Ryan Aerator
009-7071-531-8050
2,751
71-48
2003 Busliliog type rotary mower
009-7071-531-8050
2,751
71-51
2003 Busliliog type rotary mower
009-7072-532-8050
88,118
72-11
200125 Cubic yard trash truck
009-7072-532-8050
88,118
72-12
200125 Cubic Yard Trash Truck
009-8082-551-8050
120,000
82-09
2002 26 Passenger Bus with handicap lift
009-7085-533-8050
50,000
85-10
2001 Kubota Trachoe with 24 inch bucket
009-7086-532-8050
40,000
86-12
2001 Kubota Trachoe w/18 Inch bucket
009-7086-532-8050
28,459
86-38
2006 FORD 3/4 Ton w/ utility body
009-9090-519-8050
37,402
90-02
2000 Ford Excursion
S 1,355,135
6-8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012
Requested By: Tim Tietiens
Department: Planning
Report: _Resolution: X Ordinance:
Exhibits:
Resolution with proposed Section 3 Local
Opportunity Plan
Resolution No. 2010-26 with Section 3 Local
Opportunity Plan
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: _YES _NO
SUMMARY
On November 8, 2010, City Council approved Resolution No. 2010-26 adopting a Section 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
and G. Provision B changed the assignment of duties related to implementation of the plan from the
Equal Opportunity Rights Officer to the designated Section 3 Coordinator. Provision G now requires
submission of monthly reports required by HUD or the GLO where they were required to HUD and the
Texas Department of Rural Affairs (TDRA) as they occurred previously. The City's Grant Administrator
remains responsible for submittal of the reports, which will now occur monthly.
The Section 3 Local Opportunity Plan is 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:
Consider approval or other action of a Resolution adopting a Section 3 Local Opportunity Plan for the
projects funded by the Texas Community Development Block Grant Program.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LA PORTE ADOPTING A SECTION 3 LOCAL
OPPORTUNITY PLAN FOR GRANT PROGRAMS.
WHEREAS, the City shall strive to attain goals for compliance to Section 3 regulations
by increasing opportunities for employment and by contracting with Section 3 residents
and businesses within its jurisdictional boundaries in accordance with an adopted Section
3 Local Opportunity Plan.
THEREFORE, the City Council hereby resolves to adopt a Section 3 Local Opportunity
Plan, attached hereto and incorporated herein.
Passed and adopted by the City Council of the City of La Porte, Texas, on the day of
.2012.
ATTEST:
Patrice Fogarty, City Secretary
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
Clark Askins, Assist/ant City Attorney
SECTION 3 LOCAL OPPORTUNITY PLAN
In accordance with 12 U.S.C. 1701u, (Section 3), the City of La Porte agrees to
implement the following steps, which, to the greatest extent feasible, will provide job
training, employment and contracting opportunities for Section 3 residents and Section 3
businesses of the areas in which the program/project is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain
goals for compliance to Section 3 regulations by increasing opportunities for
employment and contracting for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Equal
Rights Officer.
C. Notify Section 3 residents and business concerns of potential new employment
and contracting opportunities as they are triggered by TxCDBG grant awards
through the use of: Public Hearings and related advertisements; public notices;
bidding advertisements and bid documents; notification to local business
organizations such as the Chamber(s) of Commerce or the Urban League; local
advertising media including public signage; project area committees and citizen
advisory boards; local HUD offices; regional planning agencies; and all other
appropriate referral sources. Include Section 3 clauses in all covered solicitations
and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3
businesses for utilization in TxCDBG funded procurements, notify those
businesses of pending contractual opportunities, and make this list available for
general Grant Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3
residents and contact those persons when hiring/training opportunities are
available through either the Grant Recipient or contractors.
F Require that all Prime contractors and subcontractors with contracts over
$100,000 commit to this plan as part of their contract work. Monitor the
contractors' performance with respect to meeting Section 3 requirements and
require that they submit reports as may be required by HUD or TDRA to the
Grant Recipient.
G. Submit reports as required by HUD or TDRA regarding contracting with Section 3
businesses and/or employment as they occur; and submit reports within 20 days
of calendar year end which identify and quantify Section 3 businesses and
employees.
H. Maintain records, including copies of correspondence, memoranda, etc., which
document all actions taken to comply with Section 3 regulations.
As officers and representatives of the City of La Porte, we the undersigned have read
and fully agree to this plan, and become a party to the full implementation of this
program.
Corby D. Alexander, City Manager Date
RESOLUTION NO. G 01 U ! 2
A RESOLUTION ADOPTING A SECTION 3 LOCAL OPPORTUNITY PLAN FOR
THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (TXCDBG)
PROGRAM.
WHEREAS, participation in the TXCDBG Program requires the City to strive to attain
goals for compliance with Section 3 regulations by increasing opportunities for
employment and by contracting with Section 3 residents and businesses within its
jurisdictional boundaries in accordance with an adopted Section 3 Local Opportunity
Plan.
4 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS THAT:
SECTION 1. The City Council hereby resolves to adopt a Section 3 Local
Opportunity Plan, attached hereto and incorporated herein.
PASSED AND APPROVED this the 8'h day of November, 2010.
CITY
ATTEST:
PORTE, TEXAS
City Secretary Assistant City Attorney
SECTION 3 LOCAL OPPORTUNITY PLAN
In accordance with 12 U.S.C. 1701 u, (Section 3), the City of La Porte agrees to
implement the following steps, which, to the greatest extent feasible, will provide job
training, employment and contracting opportunities for Section 3 residents and Section 3
businesses of the areas in which the program/project is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain
goals for compliance to Section 3 regulations by increasing opportunities for
employment and contracting for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Equal
Rights Officer.
C. Notify Section 3 residents and business concerns of potential new employment
and contracting opportunities as they are triggered by TxCDBG grant awards
through the use of: Public Hearings and related advertisements; public notices;
bidding advertisements and bid documents; notification to local business
organizations such as the Chamber(s) of Commerce or the Urban League; local
advertising media including public signage; project area committees and citizen
advisory boards; local HUD offices; regional planning agencies; and all other
appropriate referral sources. Include Section 3 clauses in all covered solicitations
and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3
businesses for utilization in TxCDBG funded procurements, notify those
businesses of pending contractual opportunities, and make this list available for
general Grant Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3
residents and contact those persons when hiring/training opportunities are
available through either the Grant Recipient or contractors.
F. Require that all Prime contractors and subcontractors with contracts over
$100,000 commit to this plan as part of their contract work. Monitor the
contractors' performance with respect to meeting Section 3 requirements and
require that they submit reports as may be required by HUD or TDRA to the
Grant Recipient.
G. Submit reports as required by HUD or TDRA regarding contracting with Section 3
businesses and/or employment as they occur; and submit reports within 20 days
of calendar year end which identify and quantify Section 3 businesses and
employees.
Andag
ords, including copies of correspondence, memoranda, etc., which
l actions aken to comply with Section 3 regulations.
.. ..
ese to i es of the City of La Porte, we the undersigned have read
thi pl , and became a party to the full Implementation of this
C
Ron Bottoms, City'Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012
Requested By: Chief Adeox
Department: Ia Poyta Po ic@ slant
Report: X Resolution: Ordinance:
Exhibits: Vendor Quotation
Exhibits: Financing
Budget
Source of Funds: General Fund
Account Number: 001-5253-521-4050
Amount Budgeted: $118,000
Amount Requested: $114,168
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 using standard leased Dell lap -top computers 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 Cameras with improved in -car DVR Camera Systems that are both
WiFi capable and integrate directly 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 to better 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.
These new computer and DVR systems are being financed for a five year period through the finance
agent for Coban Technologies, Bevenco National Equipment Leasing and Finance, at a fixed annual cost
of S114,168.00 The cost of maintaining the department's current aging system was estimated at just over
$100,000 annually.
Action Required by Council:
Consider approval or other action authorizing the Police Department to proceed with procurement of
Coban systems through HGAC.
Approved for City Council Agenda
Corby D. Alexander, City Manager
Date
HGACBuyCONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Contract _ EF-04-11
No.:
Date 9/27/2012
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying :LaPorte Police Department
Agency:
Contractor: =COBAN Technologies, Inc
a
Contact Chief K. Adcox
Person:
Prepared _Larry Marr
By: a
Phone:-281-842-3101
Phone:-281-277-8288 X:131
Fax:
Fax:
Email: adcoxk@laportetx.gov
Email: _larrym@cobantech.com
Catalog / Price Sheet
Name:
B-01
General Description
of Product:
igital Video Recording Solution
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
6 Edge 5.7 4850s 29100
38 Edge VMDC t°%+i/����� 9500' 361000
-Laptop/MDC integration 6 1200
44 Dual Microphone Receiver %%/ / ' // %l% 150 6600
p /Gi/�
ia� t
44 _Detached Wide Ang1F ;/ /� ��a{per�„ ; „ e� ,,,, , , ,m„ , � y ,,: � y � � � � r r� �, , = 250 _ 11000
44 Wireless 802.11 a/g/n Antenna _ 185 s 8140
15 -Edge Wireless transmitter kit 335 s 5025
44 GPS 250"s 11000
1 -Tech support kit 195 s 195
6 Edge Standard Mounting 0 0
1 removable hard drive multi upload cradle 950s 950
0
Total From Other Sheets, If Any:
Subtotal A: 434210
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
38 :Edge VMDC Mounting 225s 8550
27 =Gamber Johnson mounts and installation 845 € 22815
4 -access point and controller configuration and testing 500s 2000
0
Total From Other Sheets, If Any:
Subtotal B: 33365
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of
For this transaction the percentage is: 8%
the Base Unit Price plus Published Options A+B . IL I
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Subtotal C:
01
Delivery Date: = 60 days ARO
D. Total Purchase Price (A+B+Q-
467575
HGACBuyCONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Contract _ EF-04-11
No.:
Date 9/27/2012
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying :LaPorte Police Department
Agency:
Contractor: =COBAN Technologies, Inc
a
Contact Chief K. Adcox
Person:
Prepared _Larry Marr
By: a
Phone:-281-842-3101
Phone:-281-277-8288 X:131
Fax:
Fax:
Email: adcoxk@laportetx.gov
Email: _larrym@cobantech.com
Catalog / Price Sheet
Name:
B-01
General Description
of Product:
igital Video Recording Solution
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
1 Wireless Site Survey 2500s 2500
1 16TB Server 13567.06 13567.06
71
1 ;workstation instalaltiona nd configuration %'' 'i%" ji/'/` i j //1i ,
g �, /L 250- 250
1 Server with Internal laid instalaltiona nd configuration %/" „/' ; ' '%/, 1 % 2500 2500
/i„ / f��/,
3 ;Wireless client confi - rupn , , f„ ,,,, F J t %% _ 50_ 150
37 :Edge In car installation _ 500s 18500
1 -In car installation training 2000- 2000
1 Admin/Offrcer training 2500s 2500
6 -Edge 4th year extended warranty 250s 1500
6 -Edge 5th year extended warranty 445 s 2670
0
0
Total From Other Sheets, If Any: 467575
Subtotal A: 513712.06
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
3 :Cisco 1262 802.11N Wireless Access Points 1710 5130
3 =Nema Enclosures 575 € 1725
1 -Cisco 2504 controller up to 15 AP's 4875 s 4875
4 Access point installations 1000s 4000
Total From Other Sheets, If Any:
Subtotal B:1115730
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of
For this transaction the percentage is: 3%
the Base Unit Price plus Published Options A+B . IL I
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Shipping
937.95
Subtotal C:
937.95
Delivery Date: = 60 days ARO
D. Total Purchase Price (A+B+Q-
530380.01
HGACBuyCONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Contract _ EF-04-11
No.:
Date 9/27/2012
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying -LaPorte Police Department
Agency:
Contractor: =COBAN Technologies, Inc
a
Contact _Chief K. Adcox
Person:
Prepared _LarryMarr
By: a
Phone:-281-842-3101
Phone:-281-277-8288 X:131
Fax:
Fax:
Email: adcoxk@laportetx.gov
Email: _larrym@cobantech.com
Catalog / Price Sheet
Name:
B-01
General Description
of Product:
igital Video Recording Solution
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
44 DVMS Maint/Support Year 1 250s 11000
44 =DVMS Maint/Support Year 2 �+�/����� 250€ 11000
44 =DVMS Maint/Supp6rt Year 3 !i/'/` i j ,1i 250 11000
l,. , ! ,, ., %..Dili„i, -
%/''%iirrj/ir/,/ il,% 0
Ek _ 0
_ 0
0
0
0
0
0
0
Total From Other Sheets, If Any: 530380.01
Subtotal A: 563380.01
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
44 :DVMS Maint/Support Year 4 250s 11000
44 =DVMS Maint/Support Year 5 250s 11000
38 Edge VMDC 4th year extended warranty 595 - 22610
38 Edge VMDC 5th year extended warranty 695 - 26410
Total From Other Sheets, If Any:
Subtotal 13:11 71020
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: 13%
the Base Unit Price plus Published Options A+B . IL I
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Discount
-110559.01
Subtotal C:
-110559.01
Delivery Date:; 60 days ARO
D. Total Purchase Price (A+B+Q-
523841
T-, ] -f3 2L172-L]'.]--28 16.3S.53 (GMT) fiv— -�cd n—k
Be
N'u en c 0
AitMIJ £4udl meant l .�4ing & Niraiwt'
13312 Bright Sky Overlook
Austin, Tx 78732
v: 512-266-4999 900-693-7106
f 512-266-4956 500-256-614S
PAYMENT OPTION
DATE: 9128f2012 PREPARED BY: Doug Beck ex-t 220
CUSTOMER: La Porte, '1:� PD
VENDOR: Cock -in Teclviologics, Inc
HQUIPMF_,NT: 38 Titati M7v & 6 Edge Systenis
CONTRACT: Municipal Lease Purchase Agreement (finance)
Amount Months ! a,2yment
S'523, 8'41 60 9,514 3.55° o
Customer oNvtis product and is obligated to term of paynients
No blanket Iiett, loan covenants or additional collateral required
Payments are fixed for the term with one in ach,ance
No loan points or origination fees required
TR7U11S,4RF SUBJF,CT TO-4AlAPPROI7HL,
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012
Requested By: Jeff Suggs
Department: Administration/IT
Report: Resolution: Ordinance:
Exhibits: AT&T Agreement
Exhibits: DIR Contract No. DIR-SDD-646
Exhibits:
Budget
Source of Funds: IT Budget
00160665195007
Account Number: 01598926431100
$110,000.00 (Subscription)
Amount Budgeted: $60,000.00 (Hardware)
Amount Requested: $279,946.32 (Initial
$60,000 hardware fee and 2-year subscription)
Budgeted Item: YES X NO
SUMMARY & RECOMMENDATION
The City'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 City desktop from multiple devices, such as employee's
home PC, smart phone or iPad. Easy access to a virtualized desktop can enhance productivity because all
that employees will need 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 (4DIR-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 provide for 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 hardware fee of $60,000.00 and
the annual cost for the subscription is $109,968.
DESCRIPTION 'CHARGES,
Initial Hardware:
$60,000.00
Hardware Total $60,000.00
Monthly Recurring Fees:
VDI (Monthly) $9,164.43
24 Month Total $219,946.32
Total VDI Price: $279,946.32
Staff recommends approval of the agreement with AT&T (See attached agreement). DIR Contract 9DIR-
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 the City, 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.
Should this 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 have to 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)
services utilizing DIR Contract 9DIR-SDD-646.
Approved for City Council Aeenda
Corby D. Alexander, City Manager
Date
TM
at&t
AT&T Network Integration Services
Agreement
D I R-S DS-646
135688UA
AT&T Network Integration Tracking ID: 161411.1
Document Version Date #:09/25/12ver5.0 VDI
Citv of La Porte I AT&T I Name: Todd Winkle
Street Address: 604 W Fairmont
Pkwy
City: LaPorte
State / Province: TX
Country: USA
Domestic / Intl / Zip Code: 77571-
6215
Name: Jeff Suggs
Title: IT Director
Telephone: 2814715020
Fax:
Email: suggsi(a)laportetx.gov
[Name]City of La Porte
[Address] 604 W Fairmont Pkwy
[City, State, Postal Code] LaPorte,
TX 775716215
[Country] USA
Attention: [Name, Title] Jeff
Suggs, IT Director
Street Address: City of La Porte
City: LaPorte
State / Province: TX
Country: USA
Domestic / Intl / Zip Code:
775716215
One AT&T Way
Bedminster
NJ
07921-0752
Contact: Master Agreement Support Team
Email : mast(a7att.com
Name:
Title:
Telephone:
Street Address:
City:
State / Province:
Country:
Domestic / Intl / Zip Code:
AT&T Corp
One AT&T Way
Bedminster, NJ 07921-0752
U.S.A.
Attention: General Attorney
Address: 3854 American Way
City: Baton Rouge
State / Province: LA
Country: USA
Domestic / Intl / Zip Code: 70816
Fax:
Email: todd.winkle&att.com
Sales/Branch Mgr: John Hagan
SCVP Name: Christopher Roy
Name: Jaymee Jusko
Address: 1472 Edinger Avenue
City: Tustin
State / Province: CA
Country: USA
Domestic / Intl / Zip Code: 92780
Telephone: 714 -24 7-0 86 8
Email: iavmee.iusko(a7att.com
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:
CUSTOMER: City of La Porte
By:
(Authorized Agent or Representative)
(Typed or Printed Name)
(Title)
(Date)
ATTUID: jj1767
AGREED:
AT&T
By:
(Authorized Agent or Representative)
(Typed or Printed Name)
(Title)
(Date)
AT&T and Customer Proprietary Confidential Page 1 of 17
Do not disclose or duplicate
TM
at&t
AT&T Network Integration Services
Agreement
Appendix C to DIR Contract No. DIR-SDD-646
SERVICE AGREEMENT NO. MS-004-2012
THIS SERVICE AGREEMENT NO.: MS-004-2012 (the "Service Agreement") is made and entered into this
_25th_day of Se tember 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 8.13. of the Contract.
3. TERMINATION
3.1 TERMINATION. Customer may terminate this Service Agreement in accordance with Section 8.13 of the
Contract and this Section 3.
3.2 CONVENIENCE TERMINATION FEE. If Customer terminates this Service Agreement for convenience in
accordance with Section 8.13.3 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
umnon��wk� at&l
10. AFFECTED EMPLOYEES
City of La Porte employees.
11. THIRD PARTY AGREEMENTS
AT&T Network Integration Services
Agreement
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
By:
Name:
Title::
Date:
By:
Name:
Title:
Date:
AT&T
AT&T and Customer Proprietary Confidential Page 3 of 17
Do not disclose or duplicate
TM
at&t
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 Supplier's 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
• "SPOU means the Customer or supplier Single Point of Contact
• "TAU means the Supplier's Technical Assistance Center
• "MACD" means any Customer Moves, Adds, Changes and Deletes
• "MRC" means the Customer's billed monthly recurring charges
• "NRC" means the Customer's billed non recurring charges
• "Non Managed" means the VM's and applications are not monitored or managed. Circuits and Core Network
infrastructure is managed.
• "VDI" means Virtual Desktop Integration
• "VCC" means Virtual Client Computing
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 Customer's 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
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.
3.1 Material/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 Customer's 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
3.6 Training — n/a
4.0 Change 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 Customer's site to the host has been tested and confirmed. Acceptance will not be
delayed for any reason including Customer's 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 Supplier's 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 Customer's 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
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
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
Administrative Access and Control
Administrative Knowledge Transfer
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
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
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 VM's 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 User's 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;
I. 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 Customer's
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.
Hel'p.Desk Services
AT&T,
6storner -,
Single Point of Contact
Provide and maintain forthe Authorized Users a U.S. and Canada accessible toll -free telephone number, VRU, email
X
address, and Internet site uniform resource locator ("URL") for contacting the Help Desk; such toll -free telephone number
shall be the same as number existing prior to the Effective Date.
2.
Provide VIP special Help Desk access options in accordance with the Policy & Procedures Manual.
X
3.
Publish the toll -free telephone number, URL, and email address for the Authorized Users to contact the Help Desk at each
X
Customer Site.
4.
Manage first contact with the Authorized Users via telephone and the Internet.
X
5.
Inform the Authorized User (and the Customer Contract Manager) if implementing the Service Request would result in
X
additional Charges or other costs for which Customer is responsible; obtain approvals from the Customer Contract
Manager (or his or her designee) for any such Service Requests that result in additional Charges or costs for which
Customer is responsible.
6.
Approve or reject any Service Request that would result in additional Charges or other costs for which Customer is
X
responsible.
7.
Interact consistently with the Authorized Users in a professional, efficient and service -oriented manner.
X
Help Desk Servlre tr4'ckingSystcm.
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Hel'p.Desk Services
AT&T,
6stainOr -,
8.
Process Problems and Service Requests using procedures set forth in the Policy & Procedures Manual.
X
9.
Provide AT&T with relevant information to enable access to the AT&T Help Desk Service tracking System by the Authorized
Users.
X
10.
Provide Authorized Users access to SYSTEMTASK the Help Desk Service tracking System.
X
11
Provide training sessions (e.g., train the trainer) on how Authorized Users may use SYSTEMTASK the AT&T Help Desk
Services tracking System.
X
12.
Document, publish and maintain Help Desk Services policies and procedures.
X
13.
Approve Help Desk Services policies and procedures proposed by AT&T.
X
14.
Provide a SPOC for all Problem and Service Requests in accordance with the Policy & Procedures Manual.
X
15.
Encourage the Authorized Users to contact the Help Desk with all Problems and Service Requests relating to the Services.
X
16.
Create tracking codes for Problems and Service Requests.
X
17.
Provide input on such tracking codes (e.g., input that enables AT&T to capture specific types of calls requested by Eligible
Recipients).
X
18.
Provide a Help Desk Service tracking System to expedite management of Help Desk Service inquiries, Problems, and Service
Requests.
X
19.
Review knowledge base systems data derived prior to the Commencement Date during Customer's operations of its help
desk and incorporate such knowledge into the Help Desk Services.
X
20.
Provide existing scripts and other content (e.g., data and reports) to AT&T knowledge base Systems for use by AT&T in
performing the Services.
X
21.
Conduct Scheduled Call Volume and Remediation Lessons Learned to groom processes and procedures for more efficient
remediation
X
X
22.
Build and Maintain Self Help Information
X
X
Level 15upport (quthortzed UsOr) -
23.
Authenticate Authorized User identity in accordance with defined security policies and procedures, including those policies
and procedures set forth in the Policies and Procedures Manual.
X
24.
Provide SPOC for all Help Desk Services.
X
25.
Enter and maintain full detail of calls in the Help Desk Service tracking System, including full detail of Problem, Service
Request, and its status and resolution.
X
26.
Provide Customer access to Help Desk Service tracking System, including full detail of Problem, Service Request, and its
status and resolution.
X
27.
Perform Problem determination, including determination of whether a database -related Problem is logical or physical.
X
28.
Resolve calls at the first point of contact, or escalate to Level 2 Support or Level 3 Support in accordance with the Policy &
Procedures Manual.
X
29.
Provide training and participate in knowledge transfer activities on Customer Controlled Applications, as applicable and
covered under the technologies supported
X
30.
Participate in training and knowledge transfer activities on Customer Controlled Applications as applicable and covered
under the technologies supported
X
31.
Provide the Authorized Users basic user instruction for Software.
X
32.
Perform Root Cause Analysis and escalate Problems in accordance with the Policy & Procedures Manual.
X
33.
Escalate Problems to other support groups and organizations in accordance with the Policy & Procedures Manual.
X
34.
Dispatch on -site assistance through Customer approved third -party vendors if needed.
X
35.
Interface with other Services and other support functions and departments as defined in the Policy & Procedures Manual
X
36.
Use remote control Software tools, with the Authorized User's approval, to Resolve Problems, if possible.
X
37.
Utilize SYSTEMTASK, the Help Desk Service tracking System to expedite management of Help Desk calls.
X
38.
Open, log, prioritize and monitor progress of Problems and Service Requests.
X
39.
Interview the Authorized User for all relevant information concerning Problems and Service Requests, including Authorized
User name, Authorized User location/department, Authorized User phone number, nature of Problem or Service Request,
Severity Level (if applicable), deadlines for Resolution, expected time of call back from Help Desk, and description of the
Problem or Service Request.
X
40.
Resolve all Problems while on the telephone, if possible, using appropriate Software tools, where possible, and document
Resolution.
X
41.
Verify that no Service Request already exists for the inquiry before opening a new ticket related to such Service Request.
X
42.
Perform management of Problems and Service Requests in accordance with the Policy & Procedures Manual.
X
43.
Assist in prioritization of Service Requests.
X
44.
Provide appropriate access and authorization for System and applications password resets.
X
45.
Provide appropriate scripts and validation procedures for resetting passwords.
X
46.
Perform Authorized User Account Management.
X
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Hel'p.Desk Servfses
AT&T,
6stainer -,
47.
Approve Authorized User account creation.
X
48.
Create Authorized User accounts.
X
49.
Perform password resets.
X
50.
Re-route misdirected calls and transfer Service Request information as defined in the Policy & Procedures Manual
X
51.
Escalate Problems and Service Requests in accordance with the Policy & Procedures Manual.
X
52.
Maintain and make available to the applicable Customer group member, Eligible Recipient and Authorized User the current
status of all open tickets related to Problems and Service Requests.
X
53.
Provide status and updates on tickets related to Problems and Service Requests at the Authorized User's request and in
accordance with the Policy & Procedures Manual.
X
54.
Provide scheduled and non-scheduled outage notifications to the Customer group members, Eligible Recipients, and
Authorized Users, and as defined in the Policy & Procedures Manual
X
55.
Transmit e-mail notification to appropriate Authorized User, indicating Resolution of the applicable Problem or Service
Request upon closing of the related ticket.
X
56.
Re -open ticket if the affected Authorized User indicates that the Problem was not Resolved to his or her satisfaction.
Transfer such Authorized User to appropriate AT&T team leader or subject matter expert for Resolution.
X
57.
Provide SYSTEMTASK knowledge management System and resolver knowledge management System for Problem
Resolution and self-service.
X
Coordlnatfon.bf Level 2 Support and Level 3 Support
58.
Coordinate appropriate Level 2 Support and Level 3 Support contact information in accordance with the Policy &
Procedures Manual.
X
X
59.
Maintain appropriate Level 2 Support and Level 3 Support contact information.
X
60.
Document all actions in the call record; including completing detailed Resolution information for all Problems and Service
Requests.
X
61.
Call the Authorized User for further information, if necessary.
X
62.
Perform Root Cause Analysis in accordance with the Agreement.
X
63.
Work with Level 2 Support and Level 3 Support staff, which may include Customer Third Party Contractors or Managed
Third Parties (as appropriate) to Resolve Problems and Service Requests, in accordance with the Agreement and Policy &
Procedures Manual.
X
64.
Make recommendations for process and tool improvements.
X
65.
Approve recommendations for process and tool improvements.
X
66.
Implement recommendations for process and tool improvements.
X
67.
Contact other support groups and organizations, as required.
X
68.
Dispatch approved third -party on -site assistance, if needed, and as defined in the Policy & Procedures Manual
X
69.
Interface with other Service s and other support functions and departments, and as defined in the Policy & Procedures
Manual
X
70.
Route and/or reassign calls to Level 2 Support or Level 3 Support, as required under the Policy & Procedures Manual.
X
71.
Notify the appropriate Authorized User and Level 1 Support of the Resolution of Problems and Service Requests, as
applicable.
X
72.
Escalate Problems and Service Requests in accordance with the Policy & Procedures Manual.
X
73.
Identify Problems and Service Requests that should have been Resolved at Level 1 Support, and determine whether such
Problems and Service Requests were inappropriately escalated to Level 2 Support or Level 3 Support.
X
74.
Contact appropriate Level 2 Support and Level 3 Support to obtain clarification or information regarding status of tickets
related to Problems and/or, as applicable, Service Requests.
X
75.
Obtain confirmation from Level 2 Support and Level 3 Support regarding closure of tickets related to the Resolution of
Problems and Service Requests.
X
76.
Inform Customer of failures of Level 2 Support and/or Level 3 Support to cooperate with AT&T Help Desk Service.
X
Helpp Dosk Reporting
77.
Provide requirements for Reports.
X
78.
Maintain and report statistics related to calls, Problems and Service Requests.
X
79.
Produce and provide Problem and Service Request inventory and status reports.
X
80.
Identify persons authorized to access the AT&T Help Desk Service tracking System.
X
81.
Provide access to the Help Desk Services on-line tracking System to Authorized User.
X
82.
Provide training (train the trainer) and training materials on the Help Desk Services tracking System to Authorized Users.
X
Trend Analysis
83.
Provide call statistics for monthly trend analysis
X
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Hel'p.Desk Servfses
AT&T,
6staindr -,
84.
Provide Quarterly Trend Analysis for least cost support options discussions
X
X
85.
Perform trend analysis on Help Desk calls, Problems and Service Requests.
X
86.
Create and distribute trend analysis reports.
X
87.
Review trend analysis reports.
X
88.
Discuss trend analysis reports at the next scheduled status meeting.
X
89.
Identify action items to improve performance.
X
90.
Assist AT&T in identifying action items to improve AT&T performance.
X
91.
Approve or reject action items proposed by AT&T.
X
92.
Implement action items.
X
Custohn& Sattsfae'tfon Surveys,
93.
Approve or reject Customer satisfaction survey process and content in accordance with the Service Levels and Section 7.6
of the Agreement.
X
94.
Provide list of Authorized Users to exclude from satisfaction survey process.
X
95.
Distribute Customer satisfaction surveys, as appropriate and approved, upon closure of each ticket, which shall occur upon
Resolution of the corresponding Problem or Service Request, in accordance with the Policy & Procedures Manual.
X
96.
Provide to Customer all satisfaction surveys and summary reporting.
X
Security Rep,'0A,' "and fvent Management -
97.
Report security -related events through the defined security information management process as described in the Policy &
Procedures Manual.
X
98.
Document and escalate security -related events in accordance with Customer's information security policies and
procedures, including those policies and procedures set forth in the Policies and Procedures Manual.
X
Help Desk Business Continuity
99.
Define business continuity requirements related to the Help Desk Service.
X
1 UU.
Approve or reject business continuity requirements related to the Help Desk Service.
X
101.
Create and maintain business continuity plan consistent with Customer defined requirements.
X
102.
Approve business continuity plan.
X
103.
Implement approved business continuity plan with Customer requirements.
X
104.
Perform and share results of test of business continuity plan in accordance with the requirements.
X
Trend Calf Statistics and Least Cost Muddling
105.
Provide Quarterly Call Statistics, Trend Reports
X
106.
Trend calls based on Technology, Time, User, Department, Root Fault
X
107.
Propose Cost Reduction or Expansion Methodologies based on Call Statistics and Trends
X
108.
Approve or Reject Cost Reduction or Expansion Requirements
X
109.
Make Changes to business continuity plan consistent with any Customer adjusted requirements.
X
110.
Approve business continuity plan.
X
111.
Implement adjusted business continuity plan with Customer requirements.
X
112.
Perform and share results of test of business continuity plan in accordance with the requirements.
X
9. Migration Services:
AT&T offers a customized and tailored approach towards supporting Customer's 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 Customer's 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 Customer's 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
AT&T and Customer Proprietary Confidential Page 12 of 17
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AT&T Network Integration Services
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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.
I. 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
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 Holiday Date Observed
New Year's 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.
9. Fees and Charges
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:
Description
Charges
One Time Fees:
VDI
WAIVED
NRC TOTAL:
$0.00
Monthly Recurring Fees:
VDI
$9,164.43
24 Month TOTAL:
1 $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.
AT&T and Customer Proprietary Confidential Page 13 of 17
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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 Customer's
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 Customer's
invoice. AT&T personnel will incur travel expenses only after receiving permission from Customer's
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.
AT&T and Customer Proprietary Confidential Page 14 of 17
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Table 1: VDI - 75 Minimum
AT&T Network Integration Services
Agreement
VDI Summary Pricing per Desktop:
Monthly
Yearly
24MoTerm
CORE Infrastructure Price per Desktop
$ 34.30
$ 411.54
$ 823.09
Licensing Price per Desktop
$ 83.49
$1,001.86
$ 2,003.71
Management Price per Desktop
$ 4.41
$ 52.91
$ 105.82
Total VDI Instance per Desktop
$ 122.19
1 $ 1,466.31
$ 2,932.62
Cust
24 M Total
Component
Type
MRC
Qty
Cust MRC
Cust ARC
MRC
RC
Cult Price
Price
UCS Blade Slot Access
Blade Slot
$50.05
0.38
IF $62.56
$23.77
$285.29
$570.57
UCS Fabric per Blade
Blade Fabric
$174.29
0.38
$217.86
$82.79
$993.45
$1,986.91
UCS Blade w/256G, 20C
Blade Server
$1,954.34
0.38
$2,442.93
7 $928.31
$11,139.74
$22,279.48
Power Per Blade
I Power Usage
1 $92.95
0.38
$116.19
1 $44.15
$529.82
$1,059.63
Aggregate Hard Disc -Shared
SAN
Gb (1024 GB in 1 Tb)
$245.00
4
$306.25
$1,225.00
$14,700.00
$29,400.00
Aggregate Disc-SharedNAS
Gb (1024 GB in 1 Tb)
$133.00
0
$0.00
$0.00
$0.00
$0.00
N+HADesign
Blades
$2,271.63
0
$0.00
$0.00
$0.00
$0.00
Second DC Fault Tolerance
DC
$2,271.63
0
$0.00
$0.00
$0.00
$0.00
VM FT/vLockstep Mirror
VM
1 $286.001
0
1 $0.00
1, $0.00
$0.00
$0.00
IP Access 95th Percentile
Mbps
$214.50
1
$268.13
$268.13
$3,217.50
7 $6,435.00
11
$2,572.15
$30p865.79
$61,731.58
RAM/SVR Al location
VMServerInstance- Mandatory
Est
$17.16
2
$22.31
$44.62
$535.39
$1,070.78
XenDesktop/XenDesktop
Unique User
Controller
Licensing
$16.02
75
$20.83
$1,561.95
$18,743.40
$37,486.80
Vmware VM Workstation
Concurrent
instance
Licensing
$14.01
0
$0.00
$0.00
$0.00
$0.00
Concurrent
Windows 7
Licensing
$10.00
75
$15.00
$1,125.00
$13,500.00
$27,000.00
Concurrent
Windows RIDS CAL
Licensing
$0.00
75
$0.00
$0.00
$0.00
$0.00
Concurrent
MS Office Instance
Licensing
$30.03
75
$39.25
$2,944.06
$35,328.72
$70,657.44
Concurrent
Anti Virus - Symantec ESM
Licensing
$6.01
75
$7.81
$585.98
$7,031.70
$14,063.40
Mirrored VM Licensing-
Unique User
Mandatory
Licensing
$35.75
0
$35.75
$0.00
IF
$0.00
$0.00
IM
$6,261.60
$75,139.21
$150,278.43
Support
PS
$135.85
1
$169.80
$169.80
$2,037.60
$4,075.20
Desk
PS
$64.35
2
$80.44
IF $160.88
$1,930.50
$3,861.00
5330.68
$1,968.101r
$7,936.20
Total hVDI1
$2,572.15
' $30,865.79
$61,731.58
Total Licensing PerhVDl
$6,261.60
$75,139.21
$150,278.43
Total Management Per hVDI
$330.68
$3,968.10
$7,936.20
Grand Total PerhVDl
$9,164.43
$109973.10
i$219,946.21'
Non Recurring Charges
NRC: Initial Consultation & Discovery
PS
$214.50
$8,043.75
WAIVED
$0.00
NRC: Baseline Environment Build
Unit
$4,290.00
$4,290.00
WAIVED
$0.00
NRC: VM Build
Units
$169.81
$9,551.95
WAIVED
$0.00
AT&T and Customer Proprietary Confidential Page 15 of 17
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umnon��wk� aW
APPENDIX A: Network Build
Load B.
AT&T Network Integration Services
Agreement
Cisco UCS
Compellent Storage
Customer
Disaster Recovey
AT&T and Customer Proprietary Confidential Page 16 of 17
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AT&T Network Integration Services
Agreement
APPENDIX B: S II'III'°''IIL..IIII CHANGE REQUEST FORM
Type of Request:
Initiator (Company):
Change Request
Received by:
Price Impact:
AT&T Additional
Resources Req'd:
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:
CUSTOMER:
By:
(Authorized Agent or Representative)
(Typed or Printed Name)
(Title)
(Date)
AGREED and ACCEPTED:
AT&T
By:
(Authorized Agent or Representative)
(Typed or Printed Name)
(Title)
(Date)
AT&T and Customer Proprietary Confidential Page 17 of 17
Do not disclose or duplicate
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
01/07/08 i
Appendix A
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
L
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
01/07/08 ii
Appendix A
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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Appendix A
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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Appendix A
Standard Terms and Conditions For Services Contracts
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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Appendix A
Standard Terms and Conditions For Services Contracts
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.
01/07/08 Page 4 of 16
Appendix A
Standard Terms and Conditions For Services Contracts
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
Coordinator. Reports are due on the fifteenth (15'h) 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
on the fifteenth (15�h) 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 413224, "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.
L 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
01/07/08 Page 12 of 16
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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.
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.
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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 413224, '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 3.13.2 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.
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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
300 W. 15'h Street, Suite 1300
Austin, Texas 78701
(512) 475-4759, facsimile.
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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
Requested By: Stacey Osborne
Department: Administration
Report: Resolution: X Ordinance:
Exhibits: A. Presentation from Eric Geisler
B. Texas Enterprise Zone Resolution
C. Ordinance # 2010-3248
D. Texas Enterprise Zone Overview
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Texas Enterprise Zone is an economic development program offered by the State of Texas
that allows the State to 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 2010-3248 on 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 with a job retention project, and has committed to a capital investment of
$1 billion and to the creation and/or retention of 415 jobs over the next five years. Mr. Geisler
will discuss the Texas Enterprise Zone program and explain how INEOS qualifies for the
program. Representatives from INEOS are 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 Manager
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81,
RESOLUTION NO.
WHEREAS, the City of La Porte (City) has previously passed Ordinance No. 2010-3248 electing to
participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution
are the same on this date as were outlined in Ordinance No. 2010-3248;
WHEREAS, the Office of the Governor Economic Development and Tourism (EDC) through the
Economic Development Bank (Bank) will consider INEOS USA, LLC as a Triple Jumbo enterprise
project pursuant to a nomination and an application made by the City;
WHEREAS, the City desires to pursue the creation of the proper economic and social environment in
order to induce the investment of private resources in productive business enterprises located in the City
and to provide employment to residents of enterprise zones and to other economically disadvantaged
individuals;
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas
Government Code (the "Act"), INEOS USA, LLC has applied to the City for designation as a triple
jumbo enterprise project;
WHEREAS, the City finds that INEOS USA, LLC meets the criteria for designation as a triple jumbo
enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
INEOS USA, LLC is a "qualified business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located in an
enterprise zone and at least twenty-five percent (25.0%) of the business' new employees will be
residents of an enterprise zone or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public, private, and
neighborhood entities within the area; and
The designation of INEOS USA, LLC as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area.
WHEREAS, the City finds that INEOS USA, LLC meets the criteria for tax relief and other incentives
adopted by the City and nominates INEOS USA, LLC for triple jumbo enterprise project status on the
grounds that it will be located at the qualified business site, will create a higher level of employment,
economic activity and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate INEOS USA, LLC as a
triple jumbo enterprise project pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
That the findings of the City and its actions approving this resolution taken at the council
meeting are hereby approved and adopted.
BE IT FURTHER RESOLVED that INEOS USA, LLC is a "qualified business", as defined in Section
2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section
2303, Subchapter F of the Act.
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of
the enterprise project by the agency and terminate on December 31, 2017.
PASSED BY THE CITY COUNCIL of the City of La Porte this 81h day of October, 2012.
(SEAL)
Louis R. Rigby
Mayor
THE STATE OF TEXAS
COUNTY OF HARRIS
I, Patrice Fogarty, City Secretary of the City of La Porte, Texas do hereby certify that the above
and foregoing is a true and correct copy of a Resolution passed by the City of La Porte City Council on
the this W" day of October, 2012.
(City Seal)
Patrice Fogarty
City Secretary
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared
of the City of La Porte, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN under my hand and seal of office this _ day of , 2012.
Notary Public, State of Texas
My commission expires:
(Notary Seal)
REQUI,-ST FOR CITY COUNCIL AGENDA ITEM
- - - - - - - - -------------------------------- -
Agenda Date Requested siltllE0
Requested By: _ St cey. Osborne
Department: Administration
. .................
Report: Resolution,: Ordinance: X
........................................... . ............ . . . . . ........................................................................
Exhibits: Public Hearin Notice
Fxhibits: 'Vexas Enterprise. Zone Ordinance
............... . . ...........
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested.
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
"The Texas EInterprise Zone is an economic development tool for local communities to partner with the State of
Texas to promote job creation/retention and capital investment in economically distressed areas of the state.
Conipanics that wish to apply for Texas Enterprise Zone designation must have the nomination of a local
community in order to participate. This public hearing is part of the nomination process. Jubal Smith from
Pricewaterhouse Coopers LL,C is representing Invista, and lac will be on -hand to answer any questions of
Council and/or the Public.
`rhe purpose of this hearing is to receive public input on the consideration of a city ordinance nominating INVISTA
SA H., 12455 Strang Road, La Porte, TX 77571 for the Texas Enterprise Zone Program as an, Enterprise Project.
Tax and other incentives may also be discussed at this hearing. At the hearing, interested parties are welcome to
attend and present their views for or against the nomination,
Following the public hearing, we would like Council to vote on the attached ordinance ordaining the City's
participation in the Texas Enterprise Zone Program, designating a liaison: for communication with interested
parties, and nominating INVISTA S.A r.l. to the Office of the Governor Economic Development &'Fourisrn
(EDfl through the Economic Development Bank (Bank) as an Enterprise Project (Project). If the ordinance is
passed, Invista will be nominated as an Enterprise Project and they will be eligible to apply for State tax
abatements. The City of La Porte will not incur any costs as a result of this designation, and we will have used
one of our five permitted designations for [lie 20,10-2011 period.
and consider action approving the ordinance.
Ron Bottorns, City Manager
dame
iA
[$I I yKel a wil Sum] 11*14 1 a n=
Notice is hereby g: that the City
of La Porte will: conduct a pubilic
hea,ri�ng at 6:00 P.M. on the 10th day
of May, 2010, in, the Council
Chambers of the City Hall, 604 West
Fai:rmion,it Parkway, La Porte, Texas.
The purpose of this hearing is to
receive pubilic input on the
consideration of a city ordinance
nominating INVISTA SA rl., 12455
Strang Road, La Porte, TX 77:571 for
the Texas Enterprise Zone Program
as an Enterprise Project. Tax and
other incentives may also be
discussed at this hearing. At the
hearing, interested parties are
'welcome to attend and present their
views for or against the nomination.
A regular meeting of the La Porte
City Council will follow the public
hearing for the purpose of acting
upon the public hearing items and to
I
conduGt other matters pertaining to
Council.
Citizeni,s wishing to addiress Council
pro or con during the Pubilic Hearing
wil;l be required to sign in before the
meeting is convened.
CITY OF LA PORTE
M, artha Gillett, TRMC, CMIC City
Secretary
THIS FACILITY HAS DISABILIT
ACCOMMODATIONS AVAILABIL
REQUESTS FO
ACCOMMODATIONS 0
INTERPRETIVE SERVICES A
MEETINGS SHOULD BE MADE 4
HOURS PRIOR TO THE MEETIN
A
41
PLEASE CONTACT THE CIT
SECRETARY'S OFFICE AT #28
3 471-5020 OR THE TDDi LINE A
#281-471-5030 FOR FURTHE
INFORMATION,
An Ordinance of the City Council of the City of La Porte, Texas,
or-d-aimng authorizing the City's participation in the Texas
Enterprise Zone Program pursuant, to the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Aet); providing tax
incentives, designating a liaison for communication with interested
parties, and nominating INVISTA S. r.l. to the Office of the
Governor Economic Development & Tourism (EDT) through the
Economic Development Bank (Bank) as an Enterprise Project
(Project); containing an severab,ility clause; containing an Open
Meetings clause; providing an effective date hereof.
WHEREAS, the City Council of the City of La Porte, Texas (City) desires to create the
proper economic and social environment to induce the investment of private resources in
productive business enterprises located in severely distressed areas of the city and to
provide employment to residents of such area; and
WHEREAS, the project or activity is not located in an area designated as an enterprise
zone; and
WHEREAS, PUTSLiant to the Texas Enterprise Zone Act (Act), Chapter 2303, Texas
Goverrunent. Code, Subehapter F of the Act, INVISTA S.,i r.l. has applied to the City for
designation as an enterprise project; and
WHEREAS, the City finds that INVISTA S.i r.l. niects the criteria for tax relief and other
incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of ernploymient, economic, activity and stability;
and
WHEREAS, a duty advertised public bearing to consider this ordinance was held by the
City Council on May 10, 2010;
Now, THEREFORE BE, ITORDAINED BY THEY CITY COUNCU, OFTHE <.,']'['Y OF I..,,A PORTE,
'FVXASTHA:I`:
Section 1: The City norninates, INVISTA S. r.1. for enterprise project status.
Section 2: ]'he following local incentives, at the election of the City Council of the
City of I..,a Porte goyefaing body, are or wilt may be made available to the
i1orninated project or activity of the qualified business:
a) The City may abate taxes on the increase in value of real property
improvements and eligible personal property that locate in a
designated enterprise zone for up to 4-0 5 years, to the extent eligible
for tax abatement under state law and city ordinances. The level of
abatement shall be based upon capital investment, and the extent to
which the business receiving the abaternent creates Jobs for qualified
employees, in accordance with the City of La Porte Tax Abatement
Pohey Guidelines and Criteria, Chapter 66 of the Ia Porte Code of
Ordinances, and with "qualified erriployee" being defined by the Act.
b) I'lie City may, as allowed by law, provide business and industrial
development services, including:
1) Grants to eligible companies through the city's 4�A and 4B Type
13 sales tax corporation;
2), Chapter 380 tax rebates for proJects which: significantly enhance
the city's tax base;
3) Freeport exemption on property tax for employer's inventory that
is shipped outside of Texas;
4) has established aTax Increment Reinvestment Zone;
5) provision of' publicly owned land for development purposes,
including residential, commercial, or industrial development;
6) creation of special one -stop pemiitting, and problem resolution
centers or ombudsmen; or
7) promotion and marketing services.
c) The City may, as allowed by law, provide regulatory relief to
businesses, including:
1) zoning changes or variances;
2) exemptions from unnecessary building code requirements,
impact fees, or inspection fees; or
3) streamlined permitting,
d) The City may, as allowed by law, provide enhanced municipal
services to businesses, including:
1) improved police and fire protection;
2) institution of community crime prevention programs; or
e) The City may, as allowed by law, provide improvements i:n
community facilities, including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks,
The City may, as allowed by law, provide job training and
employment services to businesses, including:
1) retraining programs;.
2) literacy and cmployment skills, programs;
3) vocational education; or
4) customized job training.
Section 3: The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312, Section 312.203.
Section 4: The City of La Porte City Council directs and designates Stacey Osborne
as the City's, liaison to communicate and negotiate with the EDT through
the Bank and enterprise praject(s) and to oversee zone activities and
communications with qualified businesses and other entities in all
enterprise zone or affected by an enterprise project..
Section, 5: 'The City finds that INVISTA S.A r.l. meets the criteria for designation as
an enterprise project under Chapter 230,3, Subchapter F of the Texas
Enterprise Zone Act on the following grounds:
(a.) INVISTA S.i r.l. is a "qualified business" under Section 2303.40,2
of the Act since it will be engaged in the active conduct of a trade
or business at a qualified business site within: the governing body's
jurisdiction, located outside of an enterprise Zone and at least
thirty-five percent (35%) of the business' new employees will be
residents of an enterprise zone or economically, disadvantaged
individuals; and
(b) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c) The designation of MVISTA SAi r.l. as an enterprise project will
contribute significantly to the achievement of the: plans of tile City
for development and revitalization ofthe area.
Section 6: The enterprise project shall take effect on the date of designation of the
enterprise project by EDT and terminate on 6 1 15 June 1, 2015 (not less
than one year, or more than five (5) years effifer the data oJ'designation).
Section 7: Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality,
illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof, but as to
such remaining portion or portions, the same shall be and remain in
full force and effect and to this end the provisions of this ordinance
are declared to be severable.
Section 8. The City Council officially finds, determines, recites and declares that a
Sufficient written notice of the date, hour, place and subject of this meeting
ofthe City Council is posted at a place convenient to the public at. the C�ity
Hall of the city II)r the time required by law preceding this meeting, as
required by Chapter 55 1, Tx. Gov't Code; and that this meeting has been
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section % This Ordinance shall be effective after its passage and approval.
PASSE,D AND APPROVED this the . . ....... day of, 2010.
CITY OF LA PORTE
By:
ArrEST:
City Secretary
APPROVE.D:
Assistant City Attorney
Mayor
ORDINANCE No.
An Ordinance of the City Council of rauthiorizing
the City's participation, in the Texas Enterprise Zone Program pursuant to
the Texas Enterprise Zone Act, Chapter 2303i, Te as Government Code;
provid ing tax incentives, designating a liaison for communication with
interested; parties, and: nom, inating INVISTA, S.6 r.l. to the; Office of the
Golverni:or EconomicDevelopment & T• through w o
Development • "" containing an
severability• provid,ing an
effective date hereof.
WHEREAS, the City Council of the City of La Porte, Texas (City) desires to create the
proper economic and social environment to induce the investment of private resources in.
productive business enterprises located in severely distressed areas of the city and to
provide employment to residents of such area; and
WHEREAS, the project or activity is not located in an area designated as an enterprise
zone; arid.
WHFREA, pursuant to the Texas Enterprise ,Zone Act "Act), Chapter 2303, Texas
Government Code, Subchapter F of the Act, Il"+VIS Tyr S.A r..l. has applied to the City for
designation as an enterprise project„ and
WHEREAS, the City finds that INVISTA S.i r.l. meets the criteria for tax relief and other
incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of employment, economic activity and stability;
and.
WHEREAS, a duly advertised public hearing to consider this ordinance was held by the
City Council on May 10,2010;
Now,THEREFORE FEE I'r ORDAINED BY THE CITY COUNCIL OF THE crry OF LA PORT E,
TEXAS THAT:
Section 1. The City nominates INVISTA S,it r.l. for enterprise project. status.
Section . The following local incentives, at the election of the City Council of the
City of La Porte, are or may be made available to the nominated project or
activity of the qualified business:
a) The City may abate taxes on the increase in value of real property
improvements and eligible personal property that locate in a
designated enterprise zone for up to 5 years, to the extent eligible for
tax abatement under state law and city ordinances. T"he level of
abatement shall be based upon capital investment, and the extent to
which the business receiving the abatement creates jobs for qualified
employees, in accordance with the City of La Porte Tax Abatement
Guidelines and Criteria, Chapter 66 of the La Porte Code of
Ordinances, and with "qualified employee" being defined by the Act.
b) The City rnay, as allowed by law, provide business and industrial
development services, including:
1) Grants to eligible companies through the city's Type B sales tax
corporation;
2) Chapter 380 tax rebates for projects which significantly enhance
the city's tax base;
3) Freeport exemption on property tax for employer's inventory that
is shipped outside of Texas;
4) has established a Tax Increment Reinvestment Zone;
5) provision of publicly owned land for development purposes,
including residential, cornmercial, or industrial development;
6) creation of special one -stop permitting and problem, resolution
centers or ombudsmen; or
7) prornotion and marketing services.
c) The City may, as, allowed by law, provide regulatory relief to;
businesses, including:
1) zoning, changes or variances;
2) exemptions from unnecessary building code requirements,,
impact fees, or inspection fees; or
3) streamlined permitting.
d) The City may, as allowed by law, provide enhanced municipal
services to businesses, including:
1) improved police and fire protection;
2) institution of community crime prevention programs; or
e) The City may, as allowed by law, provide inaprovements in
community facilities, including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks.
f) The City may, as allowed by law, provide Job training and
employment services to businesses, including:
1) retraining programs;.
2) literacy and employment skills programs;
3) vocational education, or
4) customized job training.
Section 3: The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312, Section 312.20:3.
Section 4: The City of La Porte City Council directs and designates Stacey Osborne
as the City's liaison to communicate and negotiate with the EDT through
the Bank and enterprise project(s) and to oversee zone activities and
communications with qualified businesses and other entities in an
enterprise zone or affected by an enterprise project.
Section 5: 'I"he City finds that INVISTA S. r.l. meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Texas
Enterprise Zone Act on the following grounds:
(a.) INVISTA S. r.l. is a "qualified business" under Section 2303.402
of the Act since it will be engaged in the active conduct of a trade
or business at a qualified business site within the governing body's
jurisdiction, located outside of an enterprise zone and at least
thirty-five percent (35%) of the business' new employees will be
residents of all enterprise zone or economically disadvantaged
individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of INVISTA S.A r.l. as an enterprise project will
contribute significantly to the achievement of the plans of the City
for development and revitalization of the area.
Section 6: The enterprise project shall take effect on the date of designation of the
enterprise project by EDT and terminate on June 1, 2015 (not less than
one year, or more than five (5).years after the date of designation).
Section 7: Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality,
illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to
such remaining portion or portions, the same shall be and remain in
fill] force and effect and to this end the provisions of this ordinance
are declared to be severable.
Section S. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting
of the City Council is posted at a place convenient to the public at the City
Hall of the city for the time required by law preceding this meeting,, as
required by Chapter 55 1, Tx. Gov't Code; and that this meeting has been
open to the public as, required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 9. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the day of 201
CITY OF LA PORTE
Mayor
ATTEST:
WIT!"Ar V'IWWVIZO��
City Secretary
AI`Pr&!�
Assistant City Attorney
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.
BOUT THIS DOCUMEN
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 preie red business practice to have
Jobs et'Liked by Texas �; °oaaonii ° D velloprruae (Tx,D) hei'of'e as a:llaini is submitted Lo the Comptroller oi' fthllic Accounts
(Comptroller). This vs,oulld re(uire submission oi'aa a°onnnnlleLe oh `gin'tik aLioan AJ)J)hN.aaLiMn as least 60...90 days lnn°iot' Lo the
pnJecL tax claini deadline.
CONTENTS OF GUIDE
Section 1 Commonly Asked Questions ....................................................
Section 2 Claim Process for Job Certification .........................................
Section 2a Claim Process for Job Certification (Subsequent Claims) .......
Section 3 Applying for Sales & Use Tax Refund ....................................
Instructions for Filling out Application for Program Benefits
Sample Documents 1 & 2......................................................
ENEFIT CYCLE
.............................................. Pg. 2-4
.............................................. Pg. 5-6
.............................................. Pg. 7
.............................................. Pg. 8
............................................. Pg. 9-10
.............................................. Pg. 11-12
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.
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 maybe 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 andlor 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.
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?
A new position created over and above the company's current baseline, 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?
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
_D 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
(7� 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.
C 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: State sales and use taxes paid on qualifying items must be clearly identified by use of a "separated contract"
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".
_D Determine if hiring requirement has been met. Before filing a claim for certification, determine if the
following hiring requirements have been met:
a) at least 25% of the total new jobs 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
b) projects using the retained job 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.
(4 Submit a completed Application for Prozram Benefits form 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.
C 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. ff verina.°ation is not Deceived by the time period
stij)ulated in the kndings letter, mmiy the J)ositionsJohsthat -mu°m deemed m:g aiikmmN mNuu°ium u the initial revie�N, �m-iii he
et'Lihied. 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.
NO'7'E; ['lease eiiism i-e flllialw .A l l., smmimimom.°tiurmd dmmm°mmuimmciirmrlalwimmiia is arlw:tam°Illmm°d if) rlwlllie Job ceiii°tificalimmiia
claiiiimm, aiiad rIwlllmarlw flume dmmcmmui ciiflalwimmiia is iurm rlwallie saiiimie Nui-iiiimarlw as slmmmwiirm iiirm rlwlllie ^uaiaiimle dmmcmuaicialw:s. ll:" a
claiiiimm is m.°eceiurm°d wirlwlimmmil 1, , stiplmmmui.°tiiag dmmcmuaicirmrlwsl:immurm, mmiu.° if rlwliie dmmcmmiiincirmrlwal:immurm is unolw: iiirm rlwlllie
m°mmm. ii-ecl km.°ui ialw, flume claiiiimm will be ui'efimui°iiied, aiad a iiew stmlmuimmissimmurm will be ui�°egmmiui ed. 11 is iuimmimeiiarlwive
rlwlllmal: all iiiiislwui°mmclw:im ias mmiia rlwlllie Applicalioia Clllmm^m°Illclisl be followed Io ui°edtice iiirmm°mmuimmlmlele m:mm,° iurmam°cmmm°ale
stibiiaii1tal flllmarlw will ui°m stilrlw iurm ur°egmmm^sl s bin°miring m.°m°rlwmmui°iiiied liner ]1'x ^,ld wirlwlllmmml: ui°eview.
The claim process for subsequent claims is a little different than for initial claims. Each position can only be
certified once but must be maintained for a period of 3 years from the date it qualifies; therefore, updated
data must be provided for previously certified positions as well as new positions when submitting
spreadsheet for subsequent claims. Please use the following steps:
_Q Using the same spreadsheet/listing that was previously submitted, 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.
C'- 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).
C 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 91-25, the subsequent claim, while including
previously certified positions 91-25 (with updated information) would continue with 926-50, the third claim likewise
including previously certified positions 91-50 (with updated information) would be 951-75.....and so on.
_D 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 intereet at the following address/URL:
http: //www.window.state.tx.us/
(4 Complete the Enterprise Proiect Claim for Refund of Texas State Sales and Use Tax form Submit the
completed form to the Comptroller along with the Invoices and Contracts form. It is not necessary to submit
copies of invoices with this claim, but submitting invoices may decrease processing time. However, backup
documentation must be maintained on -site and is subject to audit by the Comptroller. It is not necessary to
submit a copy of the sales tax claim to TxED.
C 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.
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 — Enter the 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 — Enter the 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 Employees - All employees must be 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/l/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 Employees - All employees must be 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/l/01, and 250 for projects approved after 9/l/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/l/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 — This section must be completed and signed by 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 1 a, lb, 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
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.
SAMPLE DOCUMENT 1
POST -EMPLOYMENT EMPLOYEE CERTIFICATION
The purpose of this survey is to obtain information from you as an employee of ABC Co m an , which is located in
the Ci1y 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 our employees. Completion of this questionnaire is voluntary.
Responses will be held confidential.
Employee Name Lindsey Sellsmith Social Security No. 444 - 44 - 4444
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 Com an
I was receiving public assistance benefits prior to being employed by such as welfare, Women
Infants and Children (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 total family 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 the number of members in your immediate family. Include yourself,
your spouse, all dependents, and family members living with you as of your employment date. (2) Add together all income
received by individuals in your immediate family for the previous twelve months, and circle the word below if your combined
income was actually BELOW the income limit for the number of family members for
Travis County(s).
I have been laid off 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 elo $ $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 correct to the best of my knowledge and understand that completion of this
form is voluntary.
Lindsey Sellsmith
Employee Signature
Date
10/30/97
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
ABC Company Project No. EP9999999
114 Oak Drive
Bluebonnet, Texas 77777
Hours
Payroll Worked Date Hired to
During During Position /
Job Position Social Security Employee Claim Claim Date Left
No. Title Number Name Period Period Position
EZ Econ.
Resi- Disad-
dent vantagec
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
004 Sales Rep.
###-##-####
Lindsey Sellsmith $45,083
2,020
10/30/98 to Present
N Y
005 Printer
###-##-####
Adam Typeset --
--
01/15/98 to 09/20/99
005A
###-##-####
Marge Preston $23,496
2,155
09/20/99 to Present
Y N
NEW JOBS THIS CLAIM:
006 Sales Rep.
###-##-####
Ben Pressure $42,990
1,980
09/20/98 to 11/31/00
006A
###-##-####
Mike Ubuyitt $3,582
160
12/02/00 to Present
Y N
Position 006 TOTAL
2,140
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
Position 008 TOTAL
1,885
009 Janitor
###-##-####
Mack Fixit $1,200
160
12/20/98 to 01/26/00
009A
###-##-####
George Washwell $13,650
*1,820
01/15/00 to Present
N Y
Position 009 TOTAL
1,980
010 Receptionist
###-##-####
Stephanie Greeter $18,275
2,080
09/01/98 to Present
Y 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%)
Vacant Positions:
0
TOTAL # OF JOBS ON
THIS PAGE
12
PAGE #
1 of 1
TOTAL # OF JOBS ON THIS CLAIM
7
*George Washwell was hired to replace Mack Fixit; however, George began working I I 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.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/08/12
Requested By: Kenith Adeox
Department:
Report: X Resolution: Ordinance:
Exhibits: Draft Agreement with ICAC
Exhibits:
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Police Department has a long-standing working relationship with the Internet Crimes
Against Children Task Force (ICAO). 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 reimbursed 100% of the 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 is requesting that Detective Gates continue 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 have decreased for the 2012/2013 fiscal year and the 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's salary and benefits, which would be approximately $29,000. 100% of the
involved detectives total annual salary and benefits were included in the 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 and insurance 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
Gates would also continue to be available to provide the La Porte Police Department with
assistance relating to other types of computer forensic needs and respond to emergency incidents
(i.e. hurricanes) within the City when deemed 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 longer have the
access to an equipped computer lab, however, the Police Department would no longer have
direct access to these much needed forensic capabilities. Setting up an on -site computer
forensics lab within the City of La Porte would cost approximately $60,000, not including
estimated annual maintenance and training costs 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 evidence from computers, cell phones, and IPADs, which is now
commonly required in a wide variety of criminal investigations.
Currently, Detective Gates responds 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
evidence from 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 an Agreement
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 Force for an
initial term of 1 year, with options for extending 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 Manager Date
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 "Agreement", 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
referred to as the "City", 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", pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791.
WITNESSETH
WHEREAS, the City, through the Houston Police Department, hereinafter referred to as the
"HPD", 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
"OJJDP", for funding in the amount of $349,719 and entitled, "HOUSTON METRO INTERNET
CRIMES AGAINST CHILDREN TASK FORCE", hereinafter referred to as the "ICAO".
WHEREAS, the City, has agreed to contribute a total of $63,000 in reimbursement funds for a
portion of the salary and benefits for one Detective (70% not exceeding $63,000 a year) The LPD has
agreed to contribute the remaining 30% of the salary and benefits for the Detective (based on the hours
and benefits listed in Exhibit "A", of said Agreement):
WHEREAS, the target geographic area of such Grant 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.
WHEREAS, the Grant funds, in part, will be expended to pay the salary, fringe benefits,
overtime, retirement/pension, in -state travel, insurance costs for a LPD Detective (1), hereinafter referred
to as "Detective" to work with the City and other law enforcement officials to provide a link to the
current cases of internet crimes against children and to assist in investigations connected with Grant
program enforcement with jurisdictional issues: and,
WHEREAS, the City and the LPD believe it is in their best interests to enter into this
Agreement, to carry out the Grant program: and,
WHEREAS, the City and the LPD 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 The purpose of this Agreement is to provide for services of an Detective to work with the City
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
agencies that become involved in on going investigations as a result of the Grant program
enforcement efforts.
ARTICLE II
TERM
2.01 The term of this Agreement is to commence on October 1, 2012, provided grant funds are
available and terminate on the Grant expiration date, or on the termination date of any extension
thereof granted by the Department of Justice, Office of Juvenile Justice Delinquency Programs,
hereinafter referred to as the "OJJDP", or October 1, 2013, whichever is later. In the event
"OJJDP" Grant funding is available for the purpose of this Agreement after the expiration date
the HPD Police Chief ("Chief') is authorized to extend this Agreement for one year at a time for
up to four additional years.
2.02 The City and LPD acknowledge that the City must apply each year for a continuation of this
Grant and that the Grant can be discontinued at any time by the OJJDP. Should the Grant be
terminated or not renewed by the OJJDP for any reason, the City and the LPD agree to terminate
this Agreement, on the date the Grant is terminated by the OJJDP.
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 The LPD will be paid on the basis of itemized monthly invoices submitted by the LPD and
approved by the City showing the actual services performed and the attendant fee. The City shall
make payment to the LPD within thirty (30) days of the receipt by the City of such invoices. If
any items in any invoices submitted by the LPD are disputed by the City for any reason,
including lack of supporting documentation, the City shall temporarily delete the disputed item
and pay the remaining amount of the invoice. The City shall promptly notify the LPD of the
dispute and request clarification and/or remedial action. After any dispute shall have been settled,
the LPD shall include the disputed amount on a subsequent regularly scheduled invoice or on a
special invoice for the disputed item only. The decision of the City regarding all disputes
involving LPD invoices shall be final.
3.02 The City and the LPD acknowledge that during the term of this Agreement the amounts
provided in Exhibit "A" may change as the City's application for renewal of Grant funding in
the future years is reviewed by the OJJDP. It is further understood and agreed that any
application for additional Grant funds over and above those amounts shown in Exhibit "A",
shall first be approved by the City and the LPD and will be in accordance with the effective
GRANT APPLICATION AND ADMINISTRATION GUIDELINES, of the OJJDP.
ARTICLE IV
SCOPE OF SERVICES
4.01 The LPD agrees that the Detective will perform those services provided in Exhibit `B", attached
hereto and incorporated herein for all intents and purposes.
4.02 The LPD warrants that:
(a) Services performed by the Detective assigned by the LPD to the Grant program and any
property acquired for his use under this or any prior agreement between the City and the
LPD pertaining to the Grant, hereinafter referred to as the "Property" are directly and
exclusively devoted to the Grant program and that the amounts paid for personnel
expenses are not in excess of the LPD's actual cost of same.
(b) The Detective is not receiving dual compensation from the LPD and the City for the
same services performed under the terms of this Agreement.
(c) It will cooperate with the OJJDP, its agents, representatives, and employees, and any
other State of Texas agency in regards to any audit, investigation or inquiry concerning
the Grant.
(d) The Detective assigned to work with City of Houston and Harris County law
enforcement officers shall at all times, remain a LPD employee. Such Detective shall be
subject to all LPD rules, regulations and procedures applicable. Such Detective shall be
subject to LPD orders and training.
(e) Nothing in this Agreement shall constitute an exception from, waiver of or other basis
upon which the Detective is permitted to fail to, fully and promptly comply with all LPD
rules, regulations, procedures and other operating policies.
4.03 The LPD agrees to comply with the OJJDP's rules, regulations, policies, guidelines and
requirements and OJP's Grants Management System (GMS), provided in "Exhibit C", as they
relate to the Agreement and use of Federal Funds.
ARTICLE V
OWNERSHIP OF EQUIPMENT
5.01 Upon termination of this Agreement, 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 The LPD shall keep all materials to be prepared hereunder and all City data it receives in strictest
confidence excluding those documents and records filed in the Courts. The LPD shall not
divulge such information except as approved in writing by the City or as otherwise required by
law.
6.02 The LPD, except as otherwise required by law, shall make no announcement or release of
information concerning this Agreement until such release has been submitted to and approved in
writing by the City and the OJJDP. When issuing statements, press releases, producing printed
materials, audio visuals and other documents describing or related to the Grant program, such
material shall clearly state that funding was provided by the City of Houston Police Department
through a Grant 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
form approved by the OJJDP, the City and in accordance with State law.
6.03 The City shall have the right to perform, or cause to be performed, (1) audits of the books and
records of the LPD pertaining to the LPD's performance under this Agreement, and (2)
inspections of all places where work is undertaken in connection with this Agreement. The LPD
shall be required to keep such books and records available for such purpose for at least four (4)
years after the ceasing of its performance under this Agreement and to insure the availability,
usability and safety of such records. The location of such records shall be disclosed to the City
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 The LPD agrees 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
assembled for and during performance of this Agreement, concerning, derived from or as a result
of the Grant, available to the City and the City Controller, through any authorized
representative, within a reasonable time upon request.
ARTICLE VII
INSURANCE AND LIABILITY
7.01 The City and the LPD 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
of the City and the LPD. Each party to this Agreement 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 Each party to this Agreement agrees that it shall have no liability whatsoever for the actions or
omissions of an individual employed by another party, regardless of where the individual's
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 To the extent required by law, the LPD shall comply with all applicable laws, standards, orders
and regulations regarding equal employment which are applicable to the LPD's performance of
this Agreement, 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 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be
attached to and incorporated into this Agreement.
ARTICLE X
LEGAL CONSTRUCTIONS
10.01 In case any one or more of the provisions contained in this Agreement shall be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE XI
ENTIRE AGREEMENT
11.01 This Agreement supersedes 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
promise relating to the subject matter of this Agreement, which is not contained herein, shall be
valid or binding.
ARTICLE XII
T 7 A RTT TTV
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:
Anna Russell, City Secretary
APPROVED:
Charles A. McClelland, Jr.
Houston Police Chief
APPROVED AS TO FORM:
Senior AssistantCity Attorney
APPROVED:
Annise D. Parker, Mayor
COUNTERSIGNED BY:
Ronald Green, City Controller
DATE COUNTERSIGNED:
By City Controller
Date
LA PORTE POLICE DEPARTMENT
APPROVED:
Corby Alexander, City Manager
Date
Kenith Adcox, Police Chief
Date
EXHIBIT "A"
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)
Funded by LPD (30%+ remainder of salary/benefits)
$63,000.00
$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
EXHIBIT `B"
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
members of this grant that overlap local law enforcement's jurisdictional 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.
EXHIBIT "C"
ASSURANCES
A Grantee and the Applicant hereby makes and certifies that as grantee, it and any subgrantee
shall comply with the following conditions:
1. A grantee and subgrantee must comply DOJ/OJJDP grant rules and UGMS.
2. A grantee and subgrantee must comply with Texas Government Code, Chapter 573, by
ensuring that no officer, employee, or member of the applicant's governing body or of the
applicant's contractor shall vote or confirm the employment of any persons related within the
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 6) the requirements of any
other nondiscrimination statue(s) which may apply to the application.
11. Grantees and subgrantees will comply, as applicable, with the provisions of the Davis -Bacon
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.
12. Grantees and subgrantees will comply with requirements of the provisions of the Uniform
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.
13. Grantees and subgrantees will comply with the provisions of the Hatch Political Activity Act (5
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.
14. Grantees and subgrantees will comply with the minimum wage and maximum hours provisions
of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as
applicable.
15. Grantees and subgrantees will insure that the facilities under its ownership, lease or supervision
which shall be utilized in the accomplishment of the project are not listed on the Environmental
Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor
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)
16. Grantees and subgrantees will comply with Article IX, Section 5 of the state appropriations act
which prohibit the use of state funds to influence the outcome of any election or the passage or
defeat of any legislative measure.
HOUSTON INTERNET CRIMES AGAINST CHILDREN
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
HOUSTON INTERNET CRIMES AGAINST CHILDREN
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
Agenda Date Requested: October 8, 2012
Requested By: Katherine Anrler%on
Department: Human Resources
Report: Resolution: Ordinance:
Exhibits: Rate Comparison
Exhibits:
Budget
Source of Funds: n/a
Account Number: n/a
Amount Budgeted: n/a
Amount Requested: nia
Budgeted Item: YES x NO
SUMMARY & RECOMMENDATION
The Dental and Vision carriers two year rate guarantee expired and a Request for Proposal was
developed. These benefits are 100% paid for by the employees with no subsidy from City
funds.
The proposals were reviewed with the City's consultant McGriff, Siebels & Williams and the top
three proposals for dental and vision were identified based on cost, provider network, and
benefits. Each of the top three vendors for 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 a significant 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, staff wanted to 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 for the 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 is recommending that the City continue with Block
Vision, the incumbent carrier, for the following reasons:
• Premium decrease of 1% with added benefits of:
o 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
In conclusion, staff is recommending approval to 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 benefits to Met
Life for dental insurance and Block Vision for vision insurance.
Approved for City Council Aeenda
Corby D. Alexander, City Manager Date
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 08, 2012
Requested By: D. Wilmore
Department: Planning
Report: X Resolution: Ordinance:
Exhibits: List of Dangerous Buildings
Exhibits: Map of Locations
Exhibits: Dangerous Building Inspection Reports
Exhibits
Budget
Source of Funds: General Fund
Account Number: 001-9092-524-6021
Amount Budgeted: %75,000
Amount Requested:
Budgeted Item: YES NO
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 is requesting a November 12, 2012 public hearing
date.
Action Required by Council:
1. Review findings of the Dangerous Building Inspection Board; and
2. Consider approval or other action to authorize a November 12, 2012 public hearing date
Approved for City Council Agenda
Corby D. Alexander, City Manager
Date
SUBSTANDARD BUILDING LIST
(Summer 2012 Group)
1) 9510 Belfast Rd.
(Single Family Dwelling in an R-1, Low -Density Residential Zone)
HCAD: 9084-294-000-0253
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: 9023-141-000-0686
Legal Description: Tr. 49013-1; 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: 9095-333-000-0033
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: $ 440.16 Write-off, Year 2009
4) 129 N. 10t' St. (Hwy 146 North)
(Non -Residential Building in a GC, General Commercial Zone)
HCAD: 9023-183-050-0027
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: 9063-021-002-0009
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) 3031 S. Broadway (Old Highway 146)
(Apartments in an R-3, High -Density Residential Zone)
HCAD: 9061-057-001-0013
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: 9058-012-008-0011
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: 9035-211-012-0001
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: 9006-123-000-0019
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: 4006-177-000-0006
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
11) 303 W. Polk St. (On same property w/ 115 N. 2nd St.)
(Secondary Garage Apartment in a MSD, Main Street District)
HCAD: 9023-191-000-0032
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)
12) 318 N. 5d' St.
(Single Family Dwelling in an R-1, Low -Density Residential Zone)
HCAD: 9023-204-080-0007
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: 9023-189-000-0021
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
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9/10/2012
STREET ADDRESS: 9510 BELFAST RD
HCAD OWNER: SHELLY GAIL ZAFEREO - 9510 BELFAST RD - LA PORTE, TX 77571-3844
DEED OWNER: SHELLY GAIL ZAFEREO - NO ADDRESS SHOWN
OTHER: PETER D. ZAFEREO - 2325 LOUISIANA AVE. -DEER PARK TX 77535-381 I
LEGAL: ELK 15, LOT 253• SPEN-WICK PLACE SEC 2
OCCUPANCY TYPE: Residential ZONING: R-1
NON -CONFORMING ISSUES: Yes —ACCESSORY BUILDING SETBACKS
FACILITIES AVAILABLE: WATER: Y SEWER: Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: 1
V.
OCCUPIED:
AS REQUIRED IN TILE CITTS CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR TBE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable.
I. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any
other cause to such an extent that the structural strength or stability thereof is materially less than it
was before such catastrophe and is less than the minimum requirements of the building code for new
buildings of similar structure, purpose or location;
Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
2 ,4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building; (d) the
deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or
completely collapse;
0 _ 5. Whenever, for any reason, the building or structure,. or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings Inspection Form Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
D�-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or
disease•,
S. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
� I. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
ID,2. Whenever any installation or any portion thercof because of (a) dilapidation,
deterioration, or decay, (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to In, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
®-__-__4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fie code so as to constitute a potential hazard to
life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARb OF INSPECTION;
OPTION#1: PAMABLE--RESIDENTIAL
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009
INTERNATIONAL RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED.
AMENDED AND ENACTED BY CITY ORDINANCES 93293 AND 93388. USING THE REGULATIONS AND
CODE AS ITS GUIDE. IT IS THE OPINION OF THEDANGEROUSBUILDING INSPECTION BOARD THAT
THIS BUILDING 13 IN FACT DANGEROUS 131JT STILL REPAIRABLE. ALL RE UIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES
AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE
TIMETABLE TABLE SET OUT IN ARTICLE VIII, SECTION 82-478, IT IS THEN THE OPRQION OF THIS BOARD
THAT THIS BUILDING BE DEMOLISHED.
X Q -3-11
BUII.DING OFFICIAL'S OFFICE DATE
X 2 g�S
`�FIREFFICE DATE
FIRE CHIEFS OFFICE -DATE
S.City Planning ShareIALPHA-n01-INSPECTIONS DMSIOMAllOther StuModeEnforcementlDangBuildings12012DANGRLDG12012 9510
Belfast Rd Dang Bldg Insp Form -doe 02-2004 Rev.
Dangerous Buildings inspection Form
BUILDRI C, EVALUATION CHECKLIST
page 3
A=Adequate
D=Deficient
N/A =Not Applicable UNK =Unknown
STRUCTURAL
COMMENT 1 EXPLANATION'
A. Foundation
L Slab
NIA
NIA
2. Pier & Beast
a. Footings
D
UNEVEN SETTLING
b. Sills
D
ROT
c.7oists
UNIC
UNABLE TO VIEW
B. N'iralls
1. Exterior
D
SIDINGMIS5ING
2. Interior
UNK
UNABLE TO VIEW
C. Means of Egress
1. }doors
a. Interior
UNK
UNABLE TO VIEW
b. Exterior
13
REAR DOOR BOARDED UP BY CLP
2. Parches, Steps,
Stairs
A
NIA
ROT 1 HOLES AT WINDOW FRAMES
3. Windows
D
D. Roof
1. Rafters
iIIAK
FACIA ROT
2. Deck, Shingles
A
NIA
E. Ceilings
1. Joists
UA1K
UNABLE TO VIEW
2. Ceiling
—U—N-K
UNABLE TO WW
F. Floors
UNK
UNABLE TO VIEW
G. Other
N�
NIA
11. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
D
EXPOSED WIRING
& Panel
U1VK
UNABLE TO VIEW —BOARDED UP BY CLP
2. Wiring
3. Lights, Switches
UNK
UNABLE TO VIEW —BOARDED UP BY CLP
4. Outlets
UNK
UNABLE TO VIEW —BOARDED UP BY CH
UNABLE TO VIEW —BOARDED UP BY CLP
5. Other
UNK
B. Plumbing
1. Fixtures
a. Sink
UNK
LINABLE TO VIEW
b. Lavatories
LINK
LINABLE TO VIEW
a. Water/Closets
UNK
UNABLE TO VIEW
d. Tub/Shower
UNK
UNABLE TO VIEW
e. Water Beater
UNK
UNABLE TO VIEW
2. Water Piping
LINK
UNABLE TO VIEW
3. Drain, Waste
& Vent
UNIC
UNABLE TO VIEW
4, Sewer/Septic tank
NIA
NIA
5. Gas System
UNK
LINABLE TO VIEW
C. Heating & A/C
1. Heating
UNK
UNABLE TO VIEW
2. Air Conditioning
UNK
WINDOW UNIT
III. PROPERTY CONDITIONS
DETACHED GARAGE• ROT- FIRE DAMAGE•
1. Accessory Structures
D
UNSAFE WIRiA7G
2. Condition of Grounds D
WEEDS
3. Other
Comments! CODE ENFORCEMENT CASES 11
SINCE 2069
VACANT SINCE 2008
S:ICity Planning Shaza1ALPRA-IX01-INSPECTIONS DIVISI0�NW[ Other StuIIlCode EnforcementlDang ]Buildings12012 RANG BLDGY2012 9510
Belfast Rd Dang Bldg Insp Form.doo 02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9/l0/2012
STREET ADDRESS: 2223 UNDERZVOOD RD
•HCAD OWNER: HEALTH & SAFETY (GMT INC - 1245 IV CADTNAL DR - BFAUM )NT TX 77705
ATTENTION: MCHARD P. GRIFFINPRESIDENT
DEED OWNER: THREE POINT INVESTMENTS LTD. - 1245 W. CADIMAL DR.- BEAUMONT TX 77705
ATTENTION: 3AMES H. GRIFFIN MANAGER
OTHER: NIA
LEGAL: TR 490 B-1: LA PORTF OUTLOTS
OCCUPANCY TYPE: COMMERCIAL ,ZONING: GC
NON CONFORMING ISSUES: YES —PARKING BUILDING SET BACKS
FACILITIES AVAII.ABLE: WATER: Y SEWER: y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS:
VACANT:
OCCUPIED: NO
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82, ARTICLE Vill, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY; AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foliowing is applicable:
_-1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any
Other cause to such an extent that the structural strength or stability thereof is materially less than it
was before such catastrophe and is less than the minimum requirements of the building code for new
buildings of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or. decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building; (d) the
deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or
completely collapse;
0 -5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Aangerous Buildings inspection Form Page 2
DKJ__6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
NIA 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or othenvise, is determined by the Board to be , unfit for
human habitation or in such a condition that is Iikely to cause sickness or disease;
S. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, Iack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a
fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any. or all of the following is
applicable:
I. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
J�1_2. 'Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3, `Yhenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety,
M__4. • Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fare code so as to constitute a potential hazard to
life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3: (NON-RESIDENTIAL)
IN ACCORDANCE WITH THE CITY' S DANGEROUS BUMDING.REGULATIONS, THE 2009
INTERNATIONAL BUILDING CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED,
AMENDED AND ENACTED BY CITY ORDINANCES #3293 AND 93388. USING THE REGULATIONS AND
CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT
THIS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIltABLE. ALL REQUIRED REPAMS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES
AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN TIME
TIMETABLE SET OUT IN ARTICLE Vlff, SECTION 82-478, IT IS THEN THE OPINION OF THIS BOARD
THAT THIS BUILDING BE DEMOLISHED.
X -<�)' �Vj_"r� e -/a
BUILDING OFFICIAL'S OFFICE DATE
X
FIRE S 'S OFFICE DATE
FW CHIEFS OFFII DATE
S;ICity Planning Shar0ALPHA-1101-1NSPEC'n0NS DIVISIONWI Other Stu>ilCode FArcementWang Boildings%2012 DANGBLDGU012 2223
Undemwd Rd DangBldg Imp Form.doc 02-20N Rev.
- Langerou5-nuiiuutgsriEspecuutirurrn
page .3
BUILDING LVALUATION CHECKLIST
A = Adequate
D Deficient
1`T/A = Not Applicable UNK = Unknown
STRUCTURAL
COMMENTIEXPLANATION
A.. Foundation
I. Slab
A
NIA
2. Pier & Beam
a. Footings
NIA
NIA
b. Sills
NA_
NIA
c. Joists
NJA
NIA
B. Walls
1. Exterior
D_
HOLE IN WALL: RUST
2. Interior
USN
UNABLE TO VIEW
C. Means of Egress
1. Doors
a. Interior
UNK
UNABLE TO VIEW
b. Exterior
D
BOARDED UP
2. Porches, Steps,
Stairs
D
FRONT AWNING DAMAGED
3. Windows
D
BOARDED UP
D. Ro of
1. Rafters
UNK
UNABLE TO VIEW
2. Deck
UNK
UNABLE TO VIEW
E. Ceilings
1. Joists
UNK
UNABLE TO VIEW
2. Ceiling
UUW
UNA13LE TO VIEW
F. Flours
PNK
UNABLE TO VIEW
G. Other
NIA
NIA
U. WHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
A
FALLING OFF BUILDING
2. Wiring
UN
UNABLE TO VIEW
3. Lights, Switches
UNK
UNABLE TO VIEW
4. Outlets
UNK
UNABLE TO VIEW
5. Other
LINK
UNABLE TO VIEW
B. Plumbing
1. Fixtures
a. Sink
UD
UNABLE TO VIEW
b. Lavatories
UNK
UNABLE TO VIEW
c, Water/Closets
UNK
UNABLE TO VIEW
d. Tub/Shower
UNK
UNABLE TO VIEW
e. 'Water Heater
UNK
LINABLE TO VIEW
2. Water Piping
!jW
UNABLE TO VIEW
3. Drain, Waste
& Vent
UNK
UNABLE TO VIEW
4. Sewer
A
NIA
5. Gas System
UNK
NIA
C. Heating & A/C
1. Heating
P—
UNITS MISSING
2. Air Conditioning
D
UNITS MISSING
III. PROPERTY CONDITIONS
L Accessory Structures
N1A
NIA
2. Condition of Grounds
D
PEBRIS; WEEDS: OVER GROWN .
3. Other
Comments: CODE ENFORCEMENT CASES 7 SINCE 2002
PARKING LOT FAILING 1
HOLES
S:1CityPlaming5barelALPHA-MI-INSPECTIONS DIVISIOW1 11 MerStuflWodeEnforumentiDangBcildingsWUDANGBLDGV022 2223
Undermvod Rd Dang Bldg lnsp Form.doa 02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9/ 10/2012
STREET ADDRESS: 1929 VALLEY VIEW DR
HCAD OWNER: LORRAINE N RONNING - 1829 VALLEY VIEW J)R - LA PORTS, TX 77571-9347
DEED ONVNER: LORRAINE N RONNING-1829 VALLEY VIEW DRIVE- LA PORTE, TX 77571
OTHER: JP MORGAN CHASE - 800 BROOKSEDGE BLVD,- WESTERVILLE OH 43081
ATTENTION: DAVID M. D'ALESIO
OTHER (2): DEAN C. RONNING - 612 W MURRILL AVE, - BAYTOWN, TX 77520-4542
LEGAL: BLK I: LOT 33: GREENDALE U/R
OCCUPANCY TYPE: Residential ZONING: R-1
NON-CONFORIMING ISSUES: NONE
FACILITIES AVAILABLE: WATER: Y SEWER: Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: I
VACANT: Y OCCUPIED: NO
AS REQI0IRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
mil. A building that is vacant, and is not up to current building code standards.
These vacant bui Idings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, Mood, or by any other
cause to such an extent that the structural strengtb or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
�-,_ .3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
21_4. Whenever the building or structure, or any portion thereof, because of (a)' dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
� 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings Inspection Form Page -2
®__._ 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
DD7, Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement;
inadequate light, air, or sanitation facilities, or othenvise, is determined by the Board to be
unsanitary, unlit for humann habitation or in such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure sball be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or
function as originally intended;
DKL_2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes.a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
•4. Whenever any installation or any -portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1: (REPAIRABLE = RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL
RESIDENTIAL. CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND
ENACTED BY CITY ORDINANCES #3293 AND #3388. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT
LS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TIM BUILDING IS IN PACT
DANGEROUS, BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE TN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TAVIETABLE SET OUT IN ARTICLE VIII,
SECTION 82-479, IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED.
BUILDING OFFICIAL'S OFFICE DATE
X ii
FIRE 'S O FlCE DATE
x� 1. ifll�.� 9�i//o?
F C F'S OFFICES DATE
SACity Planning ShareIALPIIA-I101-INSPECTIONS DIVISIONW) Other StuHlCode Enforccmen[1Dang Buildings12012 RANG 13LWX2012 1829 Valley
View Dr Dang Bldg Insp Forrn.doc 02-20D4 Rev.
,Dangerous Buildings Lnspection Form
page 3
BUILDING EVALUATION CIIFCIMIST
A = Adequate
D = Deficient
NIA = Not Applicable UNK = Unknown
1. STRTICTURAI-•
COMACNTIFNPLANATION
A. Foundation
1. Slab
A
NIA
2. Pier & Beam
a. Footings
NIA
NIA
b. Sills
NIA
NIA
c.Joists
NIA
N!A
B. Walls
1. Exterior
HoLES & ROT
2. Interior
UNK
NIA
C. Means of Egress
1. Doors
a. Interior
i N�1
BOARDED UP
b. Exterior
A
BOARDED UP'
2. Porches, Steps,
Stairs
A
NIA
3. Windows
P—
SOME BOARDED UP
D. Roof
1. Rafters
1).___
ROT
2. Deck, Shingles
�_
HOLES. ROT. FACIA ROT
E. Ceilings.
1. Joists
D
ROT
2. Ceiling
D_._
ALLINGIN fAWIND ON
F. Floors
LINK
LINABLE TO VIEW
G. Other
QUA_
NIA
11. MBHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& panel
D--,-_
DEAT FRONT DAMAGED
2. Wiring
UNK
LINABLE TO VIEW
3. bights, Switches
_UNK
UNABLE TO VIEW
4. Outlets
UNK
UNABLE TO VIEW
S. Other
UI\K
UNABLE TO VIEW
B. Plumbing
1. Fixtures
a. Sink
LINK
UNABLE TO VIEW
b. Lavatories
UNK
UNABLE TO VIEN
c. Water/Closets
UNK
LINABLE TO VIEW
d. Tub/Shower
UNK
UNABLE TOVTEW
e. Water Heater
?
7
2. Water Piping
LINTS
UNABLE TO VIEW
3. Drain, Waste
& Vent
A
BROKEN I DISLODGED
4. Sewer/Septic tank
UNK
UNABLE TO VIEW
5. Gas System
UNK
NONE RISER! METER VISLBL.E
C. Heating & A/C
1. Heating
LINK
UNABLE TO VIEW
2. Air Conditioning
1)
UNITMISSWO
III. PROPERTY CONDITIONS
1. Accessory Structures
NA
MA
2. Condition of Grounds
D
WEEDS/ DEBRIS
3. Other
Comments. CODE ENFORCEMENT CASES 7 SINCE 2009
SACity Planning SharelALPHA-1101-INSPECTIONS DIVISIONW1 OtherStufflCode Enforcemen(lDang Buildin,&0012 DANG 13LDG12012 1829 Valley
View Dr Dang Bldg Insp FormAm 02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9-10-12
STREET ADDRESS: 129 N. 10'h St (H N 146 N)
OiYNER' DG12IS 1 IiJDICE & GLENN TUDICE — 22203 FERN ROSE GT. -MAGNOLIA;TX 77355-3903
DEED OWNER DORIS I ICE ORMERLY DOR1S I PA AND GLfiNN IU�ICE - 22203 FERN ROSE CT -
MAGNOLIA. TX 77355
LEGAL: BLK 50 TRS 27-33 LA PORTE
OCCUPANCY TYPE: COMMERCIAL ZONING: GC
NON -CONFORMING ISSUES: YES- BLDG SET BACKS
FACILITIES AVAILABLE: WATER Y SEWER Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS; NIA
OCCUPIED:
AS REQUIRED IN THE CITY S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIA THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. ]dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is npplicable:
I. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up,
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause to such an extent that the structural strength or stability thereof is .
materially less than it was before such catastrophe, and is less than the minimum requirements of
the building code for new buildings of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. 'Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building;
(d) the.deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely
to partially or completely collapse;
5. 'Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used;
Dangerous Miildings Inspection Form
Page 2
6. Whenever the building or stricture has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is
determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty constriction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety; ,
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION 43: (NON-RESIDENTIAI 1
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS THE 2009
INTERNATIONAL BUILDING CODE AND THB 2011 NATIONAL ELECTRICAL CODE AS ADOPTED
AMENDED AND ENACTED BY CITY ORDINANCES 43293 AND #3388. USING THE REGULATIONS
AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD
THAT THIS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS
OR. ALTERATIONS SHALL BB DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE
CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
wITIHN THE TIMETABLE SET OUT IN ARTICLE VM SECTION 82-478 IT IS TBEN THE OPINION OF
THIS BOARD THAT THIS BUILDING BE DEMOLISHED.
1 a �13
BUILDING OFFICIAL'S OFFICE DATE
x 4-1-7- �2
F S S OFFICE DATE
FIRE CHIEEF'S OFFICE DATE
Page 3
Dangerous Building Inspection Form
BUILDING EVALUATION CHECKLIST
A = Adequate
1) = Deficient
NIA = Not Applicable UNIT UNKNOWN
CONEENT / ENPLANATION
;. STRUCTI7KAL
A. Foundation
A
NIA
1. Slab
2. Pier & Beam
NIA
NIA
a. Footings
b. Sills
NIA
NIA
0, Joists
NIA
NIA
B. Walls
D
SIDING FALLING OFF/ ROT
1. Exterior
2, Interior
D
UNFINISHED
C. Means of Egress
1. Doors
a. Interior
D
MISSING
b. Exterior
A
N/A
2. Porches, Steps,
SIMET hD AL ROOF DAMAGED
Stairs--
3. Windows
A
NIA
Roof
1. Rafters
1.
D
ROT/TEIRNIITES
2. Deck Shingles
E. Ceilings
1. Joists
UNK
UNABLE TO VIEW
2. Ceiling
UNK
UNABLE TO VIEW
F. Floors
A
N/A
G. Other
NIA
NIA
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
D
xpOSED tiVIItING
2. Wiring
3. Lights, Switches
P--•
D
DNFIrTISl3ED �V1R11IG
REPAIRS NOT FINISHED
4. Outlets
D
UNFINISHED ING-
REPAI ,S NOT FINISHED
5. Other
B. Plumbing
1. Fixtures
a. Sink
UNK
UNABLE TO VIEW
b. Lavatories
UNK
UNABLE TO VIEW
c. Water/Closets
UNK
UNABLE TO VIEW
d. Tub/Shower
UNIC
UNABLE TO VIEW
e. Water Heater
UNK
UNABLE TO VIEW
2. Water Piping
UNK
UNABLE TO VIEW
3, Drain, Waste
& Vent
UNK
UNABLE TO VIEW
A. Sewer/Septic&Vetank
UNK
UNABLE TO VIEW
5. Gas System
UNK
UNABLE TO ViE\V
C. Heating & A/C
1. Heating
UNK
TUNp,BLE TO VIEW
2. Air Conditioning
UNK
UNABLE TO VIE1V
Ill. PROPEM CONDITIONS
1. Accessory Structures NIA
NIA
2. Condition of Grounds D
`NEEDS
3. Other
Continents: CODE. ENFOR'ENIENT CASES 11 SINCE 2000
FIRE DAMAGED 2110109
City of La Porte
DANGEROUS. BUILDING INSPECTION FORM
DATE: 9-10-12
STREET ADDRESS: 402 BAY OAKS RD
OWNER:7ESUSFcBLANCAVnLARREAL 4510NATiTRALBRIDGEI]kt-KING�=TOOD TX77345-1033
DEED OWNER: )ESUS & SLANCA V3C LARREAL-4510 NA'!"URAL BRIJa(2 - KINO�VOOi� TX 77345
LEGAL: BLK 2 LOT 9 BAY OAKS
OCCUPANCY TYPE: RESIDENTIAL ZONING: R 1
NON -CONFORMING ISSUES: NONE
FACILITIES AVAILABLE: WATER Y SEWER Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: I
VACANT: Y OCCUPIED:
AS REQUIRED IN THE CITTS CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD ON
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED TI-IEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A, Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
1. A building that is vacant, and is not up to current building code "standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause to such an extent that the structural strength or stability tbereof is
materially less than it was before such catastrophe and is less than the minimum requirements of
the building code for new buildings of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to eollapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building;
(d) the deterioration, decay, or inadequacy of its foundation, or (c) any otber cause, is likely
to partially or completely collapse;
5. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of *hicb it is being used;
Dangerous Buildings Inspection Fort
Page 2
5. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease;
S. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of siifficient fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is
determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
I. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
1-2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety,
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety. ,
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1: (REP MABLE — RESIDENTIAL)
IN ACCORDANCE WITH THE CITY' S DANGEROUS BUILDING REGULATIONS, THE 2009
INTERNATIONAL RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED,
AMENDED AND ENACTED BY CITY ORDINANCES #3293 AND #3388. USING THE REGULATIONS
AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD
THAT THIS 13UILDINTO IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS
OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE
CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII SECTION 82-478 IT IS THEN THE OPINION OIL
"PHIS BOARD THAT THIS BUILDING BE DEMOLISHED.
X Q6 � � d� i3 -ra
BUILDING OFFICIAL'S OFFICE DATE
FM ARSHAL'S OFFICE DATE
X A/-01 -64e/417
FIRE CHIEFS OFFICE DATE
Dangerous Building Inspection Form
Pago 3
BUILDING EVALUATION CHECKLIST
A = Adequate D
= Deficient
' NIA = Not Applicable UNK = UNKATOWN
I. STRUCTURAL
COMMENT / EXPLANATION
A. Foundation
1. Slab
D
REAR ADDITION - CRACKS
2. Pier & Beam
a. Footings
D
UNEVEN SETTLING: WALL SEPARATION
b. Sills
D
SOME MISSING
c. Joists
D
SOME MISSING
B. Walls
1. Exterior
D
WALL SEPARATION
2. Interior
D
SOME
C. Means of Egress
1. Doors
a. Interior
D
MISSING
b. Exterior
D
BOARDED UP
2. Porches, Steps,
Stairs
A
NIA
3. Windows
D
BOARDED UP
D. Roof
1. Rafters
D
SOFFITT I FACIA DAMAGE
2. Deck, Shingles
A
NIA
E. Ceilings
1. Joists
D
SAG
2. Ceiling
D
NO SHEETROCK / INSULATION
F. Floors
��
MISSING/DANIA.GED
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
D
NO BREAKERS
2. Wiring -
D
NOIVIRJNG
3. Lights, Switches
D
NO NVHUNG
4. Outlets
D
NO WIRING
5, Other
B. Plumbing
1. Fixtures
a. Sink
D
NONE
b. Lavatories
D
NONE
c. Water/Closets
D
A`O1V13
d. Tub/Shower
D
NONE
e. Water Beater
D
NONE
2. Water Piping
D
NONE.
3. Drain, Waste
& Vent
P
NONE
4. Sawer/Septic tank
UNK
UNABLE TO INSPECT
5. Gas System
UNK
UNABLE TO INSPECT
C. Pleating & A/C
1. Heating
2. Air Conditioning
D
OUTSIDE UNIT: NO DUCTS
III, PROPERTY CONDITIONS
1. Accessary Structures
N/A
NIA
2. Condition of Grounds
D
WEEDS
3. Other '
Comments: CODE ENFORCEMENT CASES
(6) SINCE 2000
S•1City Planing Shar6ALPHA-1t01-INSPECTI0; IS DIVISIOMAII Other Stuf tCode EnforcementlDane Euildine>12012 RANG BLDG12012
402 Bay Oaks Rd Dang Bldg Wp Form.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9-10-12
STREET ADDRESS: 3031 OLD HWY 146 S. BROADWAY
O«IER: 5 €� Zl AN G 1LECT R °/a WII IDSAIL $AY APARi'\1E1 'rS 3141 0LD HUG AY €46 S - LA PORTH, TX 77571-6570
DEED OWNER: SUZAN GAYLE RECTOR — 3141 S BROADWAY ST LA FORTE TX 77571
LEGAL: BLK 1 RES A-3 BAYSIDE TERRACE R/P
OCCUPANCY TYPE: RESIDENTIAL ZONIINTG: R-3
NON -CONFORMING ISSUES: YES - BUILDING SET BACKS SIDE &FRONT
FACILITIES AVAILABLE: WATER Y SEWER Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: UNK
VACANT:
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
4 1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements of
the building code for new buildings of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building;
(d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely
to partially or completely collapse;
5. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used;
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031 Old Hw 146 Dang Bids Insp Form.doc
Dangerous Buildings Inspection Form
Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation or in such; a condition that is
likely to cause sickness or disease;
S. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of suffrcieut fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is
determined by the Board to be a fire hazard;
B. - Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure sball be considered dangerous or substandard
`whenever it is determined by the Board, that any or all of the following is
applicable;
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended; .
� 2. 'Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to fife, health, property
Or safety;
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION#1: (REPAIRABLE-RESIDRfIAL)
IN T ACCORDANCE WITH THE CIT Y'S DANGEROUS BUILDING REGULATIONS THE 2009
INTERNATIONAL RESIDENTIAL CODE AND TBE 2011 NATIONAL ELECTRICAL COME, AS ADOPTED,
AMENDED AND ENACTED 13Y CITY ORDINANCES #3293 AND #3388. USING TBE REGULATIONS
AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION B OARD
THAT THIS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS
OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE
CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITI-N THE TIMETABLE SET OUT IN ARTICLE VIH SECTION 82-478 IT IS THEN TIIE OPINION OF
THIS BOARD THAT TMS BUILDING BE DEMOLISHED.
BUILDING OFFICIAL'S OFFICE DATE
X 1� r2
FIRE S 'S OFFICE DATE
X Li M, FIR CHtF'S-OFFI� , , '. - - 1 �E r//�
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Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D
_ Deficient
NIA = Not Applicable UNK = UNKNOWN
I. STRUCTURAL
COMMENT 1 EXPLANATION
A. Foundation
1. Slab
A
NIA
2. Pier & Seam
a. Footings
NIA
NIA
b. Sills
NIA
NIA
r: Joists
NIA
NIA
B. Walls
1. Exterior
D
DAMAGBDISIDINGMISSING
2. Interior
D
DAMAGED/MISSING SHEETROCK
VARIOUS LOCAVONS
C. Means of Egress
1. Doors
a. Interior
UNK
LINABLE TO VIEW EACH UNIT
b. Exterior
1-
DAMAGED ENTRYDOORS & BROKEN GLASS
2. Porches, Steps,
PATIO DOORS
Stairs
D
RUSTED DECAYED STEPS
3. Windows
D
BROKEN WINDOWS
D. Roof
L Rafters
LINK
UNABLE TO VIEW EACH UNIT
2. Deck, Shingles
UNK
UNABLE TO VIEW EACH UNIT
E. Ceilings
1. Joists
D
DAMAGED JOIST IN PARKING AREA
2. Ceiling
D
SHEETROCK FALLING VARIOUS AREAS
& MISSING PARKING AREA UNDER
DWELLING UNITS
F. Jiloors
UNK
UNABLE TO VIEW EACH UNIT
G, Other
D
ROTTEIN/DBCA'YED
1. A/C CONDENSING
UNIT PLATFORMS
H. 3v HCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
A
NIA
2. Wiring
D
EXPOSED ROMEX IN STORAGE AREA
3. Lights, Switches
D
EXT.LIGHT FIXTURE HANGING BY WIRING
4. Outlets
A
MSSINGJUNCTIONB XCOVERS&FIXTURES
IN SEVERAL AREAS
5. Other
B. Plumbing
1. Fixtures
a. Sink
UNK
UNABLE TO VIEW EACH UNIT
b: Lavatories
UNK
UNABLE TO VIEW EACH UNIT
c. Water/Closets
D
NOT IN PLACE/IVIISSING VARIOUS UNITS
d. Tub/Shower
UNK
UNABLE TO VIEW
e. Water Heater.
UNK
UNABLE TO VIEW
2. Water Piping
D
EVIDENCE OF LEAKS UNDER UNITS
3. Drain, Waste
& Vent
UNK
UNABLE TO VIEW
4. Sewer/Septic tank
UNK
UNABLE TO VIEW
5. Gas System
UNK
UNABLE TO VIEW
C. Heating & A/C
1. Heating
D
DISCONNECTED COILS/ BLOWERS ON
GROUND
2. Air Conditioning
D
UNITS NEED PROPER SUPPORT
Ill. PROPERTY CONDITIONS
1. Accessory Structures-
N/A
NIA
2. Condition of Grounds
D
DEBRIS
3. Other
Comments: CODE ENFORCEMENT CASES (10) SINCE 2000
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3031 Old H%w 146 Dan_ BBift Insp Forrn,&e
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 9-10-12
STREET ADDRESS: 135 PINE BLUFF ST
OWNER: SUSAN NICHOLEBAKER-135 PINE BLUFF ST- LA PORTS TX 77571-6623
DEED OWNER: SUSAN NICHOLEBAKER- NO ADDRESS SHO1xTN
OTHER: SUSAN NICHOLEBAKER-125 % WOOA AVE.- BAYTOWN TX 77520-1733
OTHER (2): SUSAN BAKER-2818 D ST LA FORTE TX 77571
LEGAL: BLK 8 LOT 11 PINE BLUFF
OCCUPANCY TYPE: RESIDENTIAL ZONING: R-1
NON -CONFORMING ISSUES: NONE
FACILITIES AVAILABLE: WATER Y SEWER Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: 1
VACANT: Y OCCUPIED:
AS REQUIRED IN THE CITY S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vill, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. ]Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
I. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minhnum requirements of
tho building code for new buildings of similar stricture, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building;
(d) tho deterioration, decay, or inadequacy of its foundation, or (o) any other cause, is likely
to partially or completely collapse;
5. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used;
S:ICi.ty Planning ShareIALPHA-1101-INSPECTIONS DTVISION1All Other Stuff\Code
BnforcemenADang Buildings12012 DANG BLDG12012 t35 Pine Bluff St Dang Bldg Insp
Form.doc
Dangerous Buildings InspectionFonn
Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is
Rely to cause sickness or disease;
S. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus or other cause,
determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety;
.� 4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential bazard
to life, health, property or safety.
FR,TDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1: (REPAJ ABLE — RESIDENTIAL)
IN ACCORDANCE IDTH THE CITY'S DANGEROUS BUILDING REGULATIONS, TIM 2009
INTERNATIONAL RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL CODE AS ADOPTED
AMENDED'AND ENACTED BY CITY ORDINANCES #3293 AND #3388, USING THE REGULATIONS
AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD
THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS
OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTS
CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE VIIT SECTION 82-478 PT IS THRN THE OPINION OF
THIS BOARD THAT THIS BUILDING BE DEMOLISHED.
T43--1 '-e
BUILDING OFFICIAL'S OFFICE DATE
1?-12
FIRE S 'S OFFICE DATE
FIRE d HEP'S OFFICE DATE
S:1City Planning ShareIALPHA-IIOI-INSPECTIONS DIVISIONWI Other StuftlCode
Enforeement\Dang Buildings12012 DANG BLDG12012 135 Pine Bluff St Dang Bldg Insp
Form.do c
Dangerous Building Inspection Form
Page 3
BUILDING EVALUATION cDECKLIST
A = Adequate D = Deficient NIA = Not Applicable UNK = Unknown
I. STRUCTURAL
COMMENT / EXPLANATION
A. Foundation
1. Slab
NIA
NIA
2. Pier & B earn
a. Footings
D
UNEVEN SETTLING
b. Sills
D
ROT
a Joists
ROT
B. Walls
I. Exterior
D
ROT
2. Interior
I?
MISSING & DAMAGED
C. Means of Egress
1. Doors
a. Interior
D
MISSING
b. Exterior
�..
BOARDED UP
2. Porches, Steps,
Stairs
A
N/A
3. Windows
T)
BOARDED UP
D. hoof
1. Rafters
D
WATERLEAKSEVI7)ENT
2. Deck, Shingles
D
SAGGING AREAS
E. Ceilings
1, Joists
X3A1AGED
2. Ceiling
�
DAMAGED• MISSING
F. Floors
D
HOLES -UNEVEN
G. Other
NIA
NIA
II. hMH—QANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
A
NIA
2. Wiring
D
DAMAGED
3. Lights, Switches
D
DAMAGED
4. Outlets
D
DAMAGED
5. Othor
N/A
NIA
13. Plumbing
1. Fixtures
a. Sink
D
DISCONNECTED/MISSING
b. Lavatories
D
DISCONNECTEDWSSiNG
c. Water/Closets
D
DISCONNECTEDIMISSING
d. Tub/Shower
_
DISCONNECTED&USSING
e. Water Heater
D_
DISCONNECTED/MISSING
2. Water Piping
D
DISCON MMD/MISSING
3. Drain, Waste
& Vent
D
DISCONNECTEDfMT33ING
4. Sewer/Septic tank
UNK
UNABLE TO INSPECT
5. Gas System
UNK
UNABLE TO INSPECT
C. Keating & A/C
I. Heating
UNK
UNABLE TO INSPECT
2. Air Conditioning
UNK
WINDOW UNIT VISIBLE
III. PROPERTY CONDITIONS
1. Accessory Structures
N/A
NIA,
2. Condition of Grounds
D
WEEDS & DEBRIS
3. Other
Comments: CODE ENFORCEMENT CASES 18 SINCE 2004
3:1City Planning ShareULPHA-1101-INSPECTIONS DIVISIONVUI Other StufflCode
BnforcementlDang BuildingsM12 DANG BLD02012 135 Pine Bluff St Dang Bldg Insp
Fonn.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 09/11/2012
STREET ADDRESS: 213 BAYSHORE DR (213 N BAYSIIOI2E
HCAD OWNER: NORMA L REPMAN ET AL — P.O_ BOX 434- LA PORTS TX 77572-0434
DEED OWNER: NORMA LEOLA ODELL-REPMAN - P.O. BOX 434 - LA PORTE TX 77572
OTHER: NORMA L REPMAN ET Alr 134 GROVE ST- LA PORTE TX 77571
LEGAL: BLK 12• LOTS 1-3' SYLVAN BEACH
OCCUPANCY TYPE: Residential ZONING: R 1
NON -CONFORMING ISSUES: YES-13UMDING SET 13ACKS FRONT & SIDE
FACILITIES AVAILABLE: WATER: Y SEWER: Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: 1
VACANT:
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined•by the Board, that any or all of the following is applicable:
A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
D�1_,__,_.,._5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings Tnspection Form Page 2
S. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
D�_7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or othenvise, is determined by -the Board to be
unsanitary, unfit for human habitation or in such a condition that is Iikely to cause sickness or disease;
�8. Whenever any .building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be afire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall. be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
�I. . Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or
function as originally intended;
� 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
0_-..-___.4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as. to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1: (REPAIRABLE -- RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL
RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL_ CODE, AS ADOPTED, AMENDED AND
ENACTED BY CITY ORDINANCES #3293 AND 43388. USING THE REGULATIONS AND CODE AS ITS GUIDE IT
IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS, BUT STILL REPAIRABLE. ALL REOUIRBD REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIH
SECTION-82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLIKMD.
x a a r�
BUILDING OFFICIAL'S OFFICE DATE
x dL, 9- r-7 - /2
FJRE / � � 9117, 'S OFFICE �yDATE
�
FIRE CHIEFS OFFICE DATE
SACityPlanning SharekA,LPHA-1101-INSPECTIONSDIVISIOMAIIOther5tu8iCodeEnforcementMang Buildings12612.DANGBJ_DCi12012 213
Bsyshore Dr Dang Bldg Insp Form.doc Ca 2003 Rev.
Dangerous Buildings inspection Form
page 3
A = Adequate
STRUCTURAL
A. Foundation
1. Slab
2, Pier & Beam
a. Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C, Means of Egress
1. Doors
a. Interior
b. Exterior
2, Porches, Steps,
Stairs
3. Windows
D. Roof
1, Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. FIoors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2, Wiring .
3, Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
e. Water/Closets
d. Tub/Shower
e, Water heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C, Heating & A/C
1. Heating
2. Air Conditioning
III, PROPERTY CONDITIONS
1. Accessory Structures
BUILDING EVALUATION CH-ECKLIST
D
N/A
NIA
NIA
D
UNK
D = Deficient NIA = Not Applicable UNK = Unknown
D
A
UNK
D
A
A_
D_
NIA
UNK
D_
UNK
UNK
NIA
COMMENT! EXPLANATION
UNEVEN SETTLING
UNABLE TO VIEW
UNABLE TO VIEW
UNABLE TO VIEW
CRACK VISIBLE THROUGH 1VINDOW
PANEL INSIDE UNABLE TO VIEW
EXPOSED: OUTSIDE WIRING
UNABLE TO VIEW
UNABLETO VIEW
UNK
UNABLE TO VIEW
UNK
UNABLE TO VIEW
UNK
UNABLE TO V IEW
UNK
UNABLE TO VIEW
D
(2) WATER HEATERS. BOTH OUTSIDE
UNK
UNABLE TO VIEW
UNK
UNABLE TO VIEW
UNK
UNABLE TO VIEW
UNK
UNABLE TO VIEW
UNK
UNABLE TO VIEW
D
DAMAGED
D
DETACHED CrARAGE HOLES/ ROT IN
WALLS & ROOF
2. Condition of Grounds D 1VEMS& DEBRIS OVERGROWTH
3. Other NIA NIA
Comments: CODE ENFORCEMENT CASES Q SINCE 2001
3:1C"sty Planning Shaze1ALPHA-4101-INSPECTIONS DiVISIONW] other StufACode EnforcemenllDang Building 12012 RANG BLDG\2012 213
Bayshore Dr Dang Bldg Insp Form.doc 02-2004 Rev.
City of La Porto
DANGEROUS BUILDING INSPECTION FORM
DATE: 09/1=012
STREET ADDRESS: 508 DONALDSON ST (S08 S DONALDSON AVE)
HCAD OWNER: ELMER H.PFEIFFER--PO BOX 983 - 508 DONALDSON ST - LA PORTE, TX 77571-5712
DEED OWNER: ELMER HUGH PFEIFFER - P.O. BOX 933 - LA PORTS TX 77571-5712
OTHER: DONNA 7. PFEIFFER -2601 S. BROADWAY ST #76 - LA PORTE TX 77571
LEGAL: BLK 33 • LOTS 19-26, BAYPRONT TO LAPORTE
OCCUPANCY TYPE: Residential ZONING: R 1
NON -CONFORMING ISSUES: NONE
FACILITIES AVAILABLE: WATER: Y SEWER: Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: 1
VACANT:
OCCUPIED:
AS REQUIRED IN THE CITY S CODE OF ORDINANCE, CHAPTER 82, "ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE .AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable;
f _ ._.__1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
�_ __"_",2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
�3. Whonovor any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or stricture, or any portion thereof, because of (a) dilapidation,
deterioration, or, decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
EL-5- Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings inspection Form Page 2
Dg_& Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
ar has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
* _7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
*8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of suftcie'nt fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable: . _
�_l. Whenever any protective or safety device specified in The Electrical Cade and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to ' fail or
function as originally intended;
2. 'Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FjNDINCS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #2• NOT REPAIRABLE — RESIDENTIAL
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS THE 2009 INTERNATIONAL
RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL CODE AS ADOPTED AMENDED AND
ENACTED BY CITY ORDINANCES #3293AND #3388. USING THE REGULATIONS AND CODE AS ITS GUIDE IT
IS THE OPINTONT OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS BUT NOT REPAIRABLE AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT
PROVIDE THE BASIC MINIMCIM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL
LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY HEALTH AND THE
GENERAL WELFARE OF THE CITIZENS OF LA PORTE.
x
BUILDING OFFICIAL'S OFFICE DATE
xC ' � 2
F 'S OFFICE DATE
FIRE CHIPS OFFIC ATE
S:ICityPlanning ShareIALPHA-110I-TNSPECTIONSDMSIONWIOtbuSWMCa&EnforcementTangBuildings12012DANGBLDG12012 508
Donaldson St Dang Btdg Insp Form.doo 02-2004 Rev.
Dangerous Buildings Xnspectioit Form
page 3
A = Adequate
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & D cam
a. Footings
b. Sills
c. Joists
B. AValls
1. Exterior
2. Interior
C. Means of Egress
I. boors
a. Interior
b, Exterior
2. Porches, Steps,
Stairs
3. Windows
B. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1, Joists
2, Ceiling
F, FIoors
G. Other
U. MR14CANICAL SYSTEMS
A, Electrical
L Service Entrance
& Panel
2. Nixing
BUILDING EVALUATION CIMCKLIST
D = Deficient NIA = Not Applicable UNK= UnImown
COMMENT I EXPLANATION
D
MIA
NA
NIA
D_
D-
-
D
D
D
D
D
D
D
D
D
N!A
FIitE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FARE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
LIRE DAMAGED
FARE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
3. Lights, Switches -
D
FIRE DAMAGED
4. Outlets
D
FIRE DAMAGED
5, Other
NIA
NIA
B. Plumbing
1. Fixtures
a. Sink
D
FIREDAMAGED
b. Lavatories
D
FIRE DAMAGED
c. Water1closets
D
FIRE DAMAGED
d. Tub/Shower
D
FIRE DAMAGED
c. Water Beater
D
FIRE DAMAGED
2. Water Piping
?D
FIRE DAMAGED
3. Drain, Waste
& Vent
D
FIRE DAMAGED
4. Sewer/Septic tank
D
ytRE DAMAGED
5. Gas System
P—
C. Heating & A/C
1. Heating
D
IRE DAMAGED
2. Air Conditioning
D
FIRE DAMAGED
III. PROPERTY CONDITIONS
1. Accessory Structures
D
FIRE DAMAGED
2. Condition of Grounds
D
DEBRIS
3. Other
E/A
NIA
COmmentS:,FIRE DAMAGE (02 26-12)• FMO RELEASE ON 07-06-12-,
CODE ENFORCEMENT CASES (3)
SINCE 2012
SACityPlanning ShareIALPHA-IIOI-INSPECE0NSI]MSIOMAllOthtrStofflCodeEnforceraent angBuildings120l2DANGBLD02012 508
Donaldson St Dana Bldg Insp Fonn.doc 02 2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 09/12/2012
STREET ADDRESS: 111 S CARROLL SIT
HCAD OWNER: LA FORTE ISD CAUSE #2bb9.47b19 — 604 W FAiRMONT PKWY - LA FORTE TX 77571-6215
DEED OWNER: LA PORTE INDEPENDENT SCHOOL DISTRICT GO PERDUE BRANDON FIELDER, COLLINS
& MOTT L.L.P - 1235 NORTH LOOP WEST SUITS 600 - liUU 1 ON TEXAS 77008
OTHER: N!A
LEGAU BLK 87• ITS 5 & 7 BAYFRONT TO LA FORTE
OCCUPANCYTYPE: Residential ZONING: R-1
NON -CONFORMING ISSUES: NONE
FACILITIES AVAILABLE: WATER: Y SEWER: Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: 1
VACANT: Y OCCUPIED: NO
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERIvHNED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up,
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removat, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings Inspection Form Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or salutation facilities, or otherwise, is determined by the Board to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
.8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be afire
hazard;
Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
_1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or
function as originally intended;
Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to In, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or. any other cause so as to constitute a potential hazard to life, health, property or
safety; '
Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1 • (REPAIAABL.E -- RESIDENTIAL)
IN ACCORDANCE WITH'1'I3E CITY'S DANGEROUS BUILDING REGULATIONS TBE 2009 INTERNATIONAL
Rl?SIDENTIAL. CODE AND THE 2011 NATIONAL ELECTRICAL CODE AS ADOPTED AMENDED AND
ENACTED BY CITY ORDINANCES #3293 AND 43388. US1NG•THE REGULATIONS AND CODE AS ITS GUIDE IT
IS THE opiNION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS BUT STILL REPAIRABLE, ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTS GODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIM
SECTION 82-478 IT IS THEN THE OPINION OF THIS BOARD THAT TINS BUILD]NG BE DEMOLISHED.
13LIlL ING OFFICIAL'S OFFICE DATE j
X —!�
F is O FICE DATE
X
FIRE CHIMP'S OFFICE DATE
S:ICity Punning ShareIALPHA•1101-INSP➢CIlOhS DIVISIONWi Other Stu@1Code EnforeementlDang ➢uildings12012 RANG BLDOU0l2 1113
Carroll St Dang Bldg Insp Form.doc 02-20DI Rev.
Llangemus Buildings Inspection Form
page 3
A = Adequate
[. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
H. NMHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
BUII.DING EVALUATION CHF.CKLTST
UNK
NIA
NIA
NIA
D
D
D
D
D
D
D
D
D_
D
NIA
M
rim
D = Deficient N/A = Not Applicable UNK = Unknown
COMMENT / EXPLANATION
UNABLE TO VIEW
ROT VISIBLE THRU WINDOWS
BOARDED UP BY CITY OF LA PORTE
IMSSING
BOARDED UP
ROT
HOLES
WATER DAMAGE
WEATIERHEAD NOT TO CODE: UNABLE
TO VIBW INT. PANEL
EXPOSED,UNPROTECTED
3. Lights, Switches .
UNK
UNABLE TO. VIEW
4. Outlets
D
EXPOSED
5. Other
NIA
NIA
B. Plumbing
1. Fixtures
a. Sink
-UNK
UNABLE TO VIEW
b. Lavatories
UNK
UNABLE TO VIEW
c. Water/Closets
UNK
UNABLE TO VIEW
d. Tub/Shower
UNK
UNABLE TO VIEW
e. Water heater
UNK
UNABLE. TO VIEW
2. Water Piping
UNK
UNABLE TO VIEW
3. Drain, Waste
& Vent
UNK
UNABLE TO VIEW
4. Sewer/Septic tank
UNK
UNABLE TO VIEW
5. Gas System
U.�
UNABLE TO VIEW
C. Heating & A/C
1. heating
ONK
UNABLE TO VIEW
2. Air Conditioning
NIA
NIA
III. PROPERTY CONDITIONS
1. Accessory Structures
D
DETACHED GARAGE —ROTMOLES
2. Condition of Grounds
D
WEEDS. DEBRIS
3. Other
_
Comments: CODE ENFORCEMENT CASES (25)SINCE 2000 m
S:\City Planning SharelALPHA-DO1-INSPECTIONSDMSIONWIOtherStufACodeEniorcementMangHuildbn 5VO12DANGBLDG12012 1113
Carol[ St Dang Bldg Insp 1:ormdoc 02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE; 09/12/2012
STREET ADDRESS: 303 W POLK ST 115 N 2ND ST
HCAD OWNER: LOUIS SENEGAL-115 N 2 m ST - LA PORTS TX 77571-3433
DEED OWNER, LOUIS SMOAL ET UX ALICE SINEGAL —115 NORTH T" STREET- LA PORTE TX 77571
OTHER: NIA
LEGAL: BLK 58• LOT 32 & 33• LA PORTE
OCCUPANCYTYPE: Residential ZONING: MSD
NON -CONFORMING ISSUES: YES - 2ND DWELLING SETBACKS & DRIVE WAY
FACILITIES AVAILABLE: WATER:
ELECTRICAL:
SEWER: Y
GAS: Y
NO.OF DWELLING UNITS: 2ND DWELLING ON PROPERTY
VACANT: Y OCCUPIED:
AS REQUIRED IN I THE CITX'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
See. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
A building that is vacant and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
0-.,._3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
Z_4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
0-5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it is being used;
Dangerous Buildings Inspection Form Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to he
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
S. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be afire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective,. dilapidated, or deteriorated so as to -threaten to fail or
function as originally intended;
Dg_2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
D�_4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF TPIE 130ARD OF INSPECTION:
OPTION#l: (REPAIRABLE --RESIDENTIAL
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS THE 2009 RrMRNATIONAL
RESIDENTIAL CORE AND TILE 2011 NATIONAL ELECTRICAL CODB AS ADOPTED AMENDED AND
NACTED BY CITY ORDINANCES #3293 AND #3388. USING TITS REGULATIONS AND CODE AS ITS GUIDE IT
S THE OPRIION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUA DING IS IN FACT
DANGEROUS, BUT STILL REPAIRABLE. ALL REOUIRBD REPAIRS OR ALTERATIONS SHALL BE DONE ]N
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTS CODES AND ORDINANCES. 1F THB REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITHWITaN THE TRAETABLE SET OUT IN ARTICLE Vlu
SECTION 82-478 IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED.
X
BUILDING OFFICIAL'S OFFICE DATE
Xl �/ Y �l
FTRE�AR�'S OFFICE ➢AIL
FIRE CHMF'S OFFICE DATE
S:1City planning ShareIALPHA-I101-INSPECTIONS DIVISIONWI Other StufflCode EnforcementlDang Buildings12012 DANCrBLDG12012 393 W folk
St Dan.- Bldg Insp Form.doe 02-2004 Rev.
BUMI)ING EVALUATION CRECIMIST
A = Adequate
D Deficient
NIA, = Not Applicable LINK = Unknown
STRUCTURAL
COMMENT / EXPLANATION
A. Foundation
1. Slab
NIA ,
NIA
2. Pier & Beam
a. Footings
D
ROT, UNEVEN SETTLING
b. Sills
D
ROT, UNEVEN SETTLING
c. Joists
D
ROT, UNEVEN SETTLING
B. Walls
1, Exterior
D
ROT / SEPARATION
2. Interior
LTA
UNABLE TO VIEW
C. Means of Egress
1. Doors
a, Interior
r 1,
UNABLE TO VIEW
b. Exterior
A
NIA
2. Parches, Steps,
Stairs
A
NIA
3. Windows '
D
ROT: BROKEN
D, Roof
1. Rafters
D
ROT
2. Deck, Shingles
D
HOLES
E. Ceilings
1. Joists
D
FALLINGIN(GARAGE)
2. Ceiling
UNK
DWELLING AREA — UNABLE TOVIEW
F. Floors
UNK
DWELLINGAREA —UNABLETO VIEW
G. Other
N/A
NIA
H. N EHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
D
METER NOT TO CODE: INTERIOR PANNEL
UNABLE TO VIEW
2. Wiring
D
EXPOSED, UNPROTECTED
3. Lights, Switchos
UNK
DWELLING AREA —UNABLE TOVIEW
4. Outlets
UNK
DWELLING AREA —UNABLE TO VIEW
5. Other
NIA
NIA
B. Plumbing
1. Fixtures
a.. Sink
UNK
DWELL1NGAREA— UNABLE TO VIEW
b. Lavatories
UNK
DWELLING AREA —UNABLE TO VIEW
c. Water/Closets
LINK
DWELLING AREA --UNABLE TO VIEW
d. Tub/Shower
UNK
DWELLING AREA — UNABLE TOVIEW
e. Water Heater
UNK
PWELLING AREA— UNABLE TO VMW
2. Water Piping
UNK
DWELUNGAREA --UNA13LETo VIEW
3. Drain, Waste
&Vent
UNK
DWELLINGAREA --UNA13LEToVIEW
4. Sewer/Septic tank
UNK
DWELLTNGAREA —UNABLE TO VIEW
5. Gas System
LTN�I
DWELLING AREA —UNABLE TO VIEW
C. Heating & A/C
1. Heating
UNK
UNABLE TO VIEW
2, Air Conditioning
D
SERVED BY EXTENSION CORD
111. PROPERTY CONDITIONS
1. Accessory Structures
D
PRDAAR'Y IS OCCUPIED DWELLING
2. Condition of Grounds
A_
NIA
3. Other
N/A
NIA
Comments: CODE ENFORCEMENT CASES(6) SINCE 2001
SACity Planning Shaze1ALPHA-A01-INSPECTIONS DIVISION4lll Other StufiSCode EoforcemmMang Buildings12012 DANG BLDG12012 303 W Polk
St Dang Bldg rnsp Form.doc 02-2004 Rev,
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 09/12/2012
STREET ADDRESS: 318 N 5'r ST
HCAD OWNER: PAULINE LEWIS- 310 S BROWNELL ST - LA PORTE, TX 77571-5542
DEED OWNER: PAULTNE LEWIS -NO ADDRESS SHOWN
OTHER-. BE"i"I'Y MOORE -3I0 S. BROWNELL ST. -LA PORTE, TX 77571. 5542
LEGAL: BLK 80• LOTS 7 & 8; LAPORTE
OCCUPANCY TYPE: Residential .ZONING: -1
NON -CONFORMING ISSUES: ONE
FACILITIES AVAILABLE: WATER: Y SEWER: y
ELECTRICAL: Y GAS: y
NO.OF DWELLING UNITS: 1
VACANT:
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION 'MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the follo-wing is applicable:
A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up,
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ' ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
E 5. 1Vhencvcr, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of Nvbich it is being used;
Dangerous Buildings Inspection Form Page 2
6, Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing ' unlawful acts;
D�3_7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be
unsanitary, unfit for human habitation or in such a condition that is likely to.cause sickness or disease;
DKL-8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistivo construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be. a fire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
�1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or
function as originally intended;
0_2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
0_-,._4, Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION#x: CUPAMARLE--RESID�NT>�
ACCORDANCE WITH THE CITY'S DANGEROUSBUILDING REGULATIONS. THE 2009 INTERNATIONAL
RESIDENTIAL CODE AND TBE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND
ENACTED BY CITY ORDINANCES_93293 AND #3388. USIhTG THE REGULATIONS AND CODE AS ITS GUIDE, IT
IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS, BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
_ALTERATION ORDER IS NOT COMPLIED WITH WMM T THE TMIPTABLE SET OUT IN ARTICLE VIII,
SECTION 82-478, IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING EE DEMOLISHED.
X S�).
09-13--/:z-
BUILDING OFFICIAL'S OFFICE DATE
X1117_0 1! le-
FaEj OFFICE
/RSy�TNL'S
X /�I/• & i f�rcn/
�}DATEEj%
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F CIIIEF'S OFFICE ���
DATE
S.TityPlanningSharAALPHA-1101-INSPECTIONSDIVISIO, MI Other St¢$tCode.Enf)rcementlDangBuildn.-A2012DANQB1DCUO1231$NA
St Dang Bldg Insp Ponn-doc 02-20M Rev,
Dangerous Buildings inspection Form - page 3
BUILDING EVALUA'CTON CHECKLIST
A = Adequate . D = Deficient NIA = Not Applicable UNK = Unknown
I. STRUCTURA14
COMMENTIEXPLANATION
A. Foundation
1. Slab
NIA
NIA
2. Pier & Beam
a. Footings
D
ROT. UNEVEN SETTLING
b. Sills
D
ROT UNEVEN SETTLING
C. Joists
D
ROT. UNEVEN SETTLING
B. Walls
1. Exterior
A
ROT, MISSITG
2. Interior
A
NIA
C. Means of Egress
1. Doors
a. Interior
D_
DAMAGED
b. Exterior
D
BOARDED UP
2. Porches, Steps,
Stairs
D
ROT. UNEVEN SETTLING
3. Windows
D
POARD UP
1). Roof
1. Rafters
A
NIA
2. Deck, Shingles
A
NIA
E. Ceilings
1. Joists
UNK
UNABLE TO VIEW
2. Ceiling
A
NIA
F. Floors
P- -
UNP.VEN: ROT
G. Other
NIA
NIA
I1. MEHCANICAL SYSTEMS
A. Electrical
I. Service Entrance
& Panel
A
NIA
2. Wiring
D
EXPOSED, UNPROTECTED
3. Lights, Switches
D
HANGING DOWN
a. Outlets
D -
2-WIRE -
5. Other
NIA
NIA
B. Plumbing
1. Fixtures
,
a. Sink
A
NIA
b. Lavatories
A
CIA
c. Water/Closets
D
DISCONNECTED
d. Tub/Shower
A
NIA
e. Water Beater
D
IMPROPER INSTALLATION
2. Water Piping
UNK
LINABLE TO VIEW
3. Drain, Waste
&'Vent
UNK
UNABLE TO VIEW
4. Sower/Septic tank
UNK
UNABLE TO VIEW
5. Gas System
USN
UNABLE TO VIEW
C. Heating & A/C
1. Heating
UNK
STONE VISIBLE
2. Air Conditioning
!—kK
UNIT ON FLOOR
III. PROPERTY CONDITIONS
1. Accessory Structures
NIA_'
NIA
2. Condition of Grounds
D
WEEDS, DEBRIS
3. Other
NIA
NIA
Comments: CODE ENFORCEMENT CASES
(11) SINCE 2001
SACity Planning Share\ALPHA-AOI-INSPECTIONS DIVISIONIA1l Other StuBiCode Enforcement\Dang Buildings12012 DANG BLD02012 318 N Sth
St DangB1dg Wp Form.doo 02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 09112//2612
STREET ADDRESS: 500 W MAIN ST
IICAD OWNER: GILBERT DIAZ — 802 IVY AVE -DEER PARK TX 77536-3220
DEED OWNER: GILBERT DIAZ - 802 IVY - DEER PARK TX 77536
OTHER: NIA
LEGAL: ELK 56: LOTS 21-23: LA PORTE
OCCUPANCY TYPE: COMMERCIAL ZONING: MSO
NON -CONFORMING ISSUES: YES- SETBACKS,• 01-30-12 OBSOLESCENCE LETTER
FACILITIES AVAILABLE: `STATER: Y SEWER Y
ELECTRICAL: Y GAS: Y
NO.OF DWELLING UNITS: NIA
V
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VET, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING,
FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard,
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings
of similar structure, purpose or location;
3. Whenever any, portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting the building; (d) the deterioration,
decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely
collapse;
D ,__ ,5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose of which it.is being used;
Dangerous Buildings Inspection Form Page 2
��.6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood,
or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for
vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement;
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric
wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be afire
hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable.,
J. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or
function as originally intended;
E� 2. Whenever any installation or any portion tbereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (o) obsolescence; (d) inadequate maintenance, which in relation to
existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
L3j 4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to We,
health, property or safety.
FINDINGS ,AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3: {NON-RESIDENTIAL)
IN ACCORDANCE WITH TER CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL
BUILDING CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND ENACTED
BY CITY ORDINANCES #3293 AND #3388. USING THE REGULATIONS AND CODE AS ITS GUIDE IT IS THE
OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS, BUT STILL REPAR BLE. ALL RBOUMD REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES, IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH [tiITHIN THE TDiffFABLE SET OUT IN ARTICLE VIII,
SECTION 82-478 IT IS TIIEN THE OPINION OF THIS BOARD THAT TIES BUILDING BE DEMOLISHED.
x �Y n9-J3
BUILDING OFFICIAL`S OFFICE DATE
X
F HAI. OPFICE DATE
171 CHIEFS OFFICE BATE
SACityPlanningShaieIALYHA-ROIJNSPECTIONSDIWSIONAII Other StufltCodeEnforcementlDangBuildings12012DAN' BLDCr'12012 504w
Main St Dang Bldg Insp Yorm.doc 02 2004 Rev.
Dangerous Buildings Inspection Form
page 3
A = Adequate
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
I. Rafters
2. Deck, Shingles
E. Ceilings
1, Joists
2, Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. EIectrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. Tub/Shower
e. Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & A/C
1. Heating
2. Air Conditioning
III. PROPERTY CONDITIONS
BUILDING EVALUATION CHECKLIST
A
NIA
NIA
TT/A
P—
D
1
A
D
NIA
A
D
N/A
D
NIA
D
D
D
D_
NIA
D
D_
D_
NIA
NIA
D
D
UNK
UNK
UNK
UNK
D - Deficient NIA = Not Applicable UNK = Unknown
COMMENT / EXPLANATION
HOLES. ROT
ROT TERrMITE DAMAGE
MISSING -
WARPED
4ISSING; BROKEN
FLAT ROOF
ROT• IMPROPER CUTS ON FRAWNG
NO SHEETROCK OR CEILING TILE
FLOOR TILES MISSING
PANEL CONDUIT DISCONNECTED:
BREAKERS BROKEN
HANGING DOWN
DOES NOT MEET ADA
DOES NOT MEET ADA
DOES NOT MEET ADA
N/A
NONE
EXTERIOR DAMAGED
BROKEN PIPE; MISSING CLEAN -OUT
UNABLE TO VIEW
UNABLE TO VIEW
UNABLE TO VIEW
UNABLE TO VIEW
1. Accessory Structures D HOLES 1N WALL• ROT
2. Condition of Grounds D WEEDS: DEBRIS
3. Other N/A NIA
Comments: OBSOLENCE OF STRUCTURE LETTER TO OWNER 1-30-12;
NEVER APPEALED; CODE ENFORCEMENT CASES (25) SINCE 2000
S:ICity Planning ShareIALPHA-I1OMNSPECTIONS DIVNIGN1All Other Scu8lCode Enforcemen(Mang Buildings12012 FANG BLDGM12 500 W
Main St Dang Bldg Insp Form.doc 02 2004 Rev.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2012
Requested By: Stephen L. Barr
Department: Parks & Recreation
Report: X Resolution: Ordinance
Attachments: Lomax Arena Scenarios
Attachments: Change Order 41
Attachments: Revised Change Order 41
Attachments: Termination Agreement
Appropriation
Source of Funds: Fund 015
Acct Number: 015-9892-622-1100
Amount Budgeted: 1,030,000
Requested:
SUMMARY & RECOMMENDATION
On July 23rd the 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 buildings portion of the bid that was not awarded. At the
August 27 Council meeting, staff presented three options for Council consideration relative to adding the
electrical component. The item was tabled with a request for additional information, clarification of the
project parameters, and all options available for additional consideration.
The attached report outlines seven separate scenarios that have been identified as viable options at 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 repairing the Lomax Arena Complex, it (Civil Concepts) will relinquish any contract rights to the
proj ect.
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, City Manager Date
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CIVIL CONCEPTS CONSTRUCTION LLC
CHANGE ORDER REQUEST
CHANGE ORDER NO.. I DATE: 08/09/12
LOCATION: Lomax Park Improvements CT('Y PROJ NO: 12024
You are hereby requested to comply with the following changes from the contract plans and specifications
INCIZEASE/(DECREASE:) IN CONTRACT
Item No. Description
Amount
ADD:
I . Electrical Lighting
$95,925.17
1 600 Amp overhead service as per drawings
2 4" Communication conduits as per drawings
1 400 Amp feeder (parallel 2 1/2" conduit with 3 — 3/0 THI-1N and l — 1/0 THFIN each) in
substitute for Illan call of I —4" with 600 MLM (V.E.)
I Panel DP as per drawings
I Panel LC as per drawings
72 T-5 Six lamp E'-Bay fixtures With 25' Candles at ground level
All 11CW COMILllt and wiring at arena
1 Ice machine circuit per
Receptacles on I-beam columns
Emergency lighting as required
Demo of existing lights, Cpn(lUlt, cOMIUCt1o118and electrical service
ADD Subtotal :
$95,925.17
DELETE:
€ Roof Extension
Replace e11d lean-to structrlrc with 25' full height Building Extension on each end. Process incd�ldes
installation of ciblit (8) concrete footings, four (4) on each end, exterior colunnl, rafter, perlings, and
roof panels.
(11,1 a,221 .00)
DELETE Subtotal :
($14,221.00)
Scope and justification:
Total Change Order Amount:
$81,704.17
Original Contract Price $455,499.00
Previous Change Orders $0,00
Total Net Increase/Decrease $81,704.17
New Contract Total $537,203.17
Civil Concepts Construction LLC
Date
City of LaPorte Date
CIVIL CONCEPTS CONSTRUCTION LLC
CHANGE ORDER REQUEST
CHANGE ORDER NO.: 1 Revised DATE: 08/27/12
LOCATION: Lomax Park Improvements CITY PROD NO: 12024
You are hereby requested to comply with the following changes from the contract plans and specifications
Item No. Item Desci tion
Amount
ADD
I Electrical LightinL,
$93,925.00
1 600 Amp overhead service as per drawings
2 4" Communication conduits as per drawings
1 400 Amp feeder (parallel 2 1/2" conduit with 3 — 3/0 TIJHN and I — 1/0 THI-IN each) in
substitute for plan call of 1 -- 4" with 600 MLM (V.E.)
I Panel DP as per drawings
I Panel LC as per drawings
72 T-5 Six lamp l=-Bay fixtures with 25' candles at ground level
All new conduit and wiring at arena
1 Ice machine circuit per
Receptacles on I-beam columns
Emergency lighting as required
Demo of existing lights, conduit, conductions and electrical service
2 Roof Replacement
Install 24 gage metal sheeting in place of existing 26 gage sheeting onto the existing Arena roof and
$21,400.00
increase the screw pattern to a tighter tolerance. Requirement for 120 MPH wind.
Add Subtotal
$115,325.00
Total Change Order Amount:
$115,325.00
Original Contract Price
$265,557.00
Previous Change Orders $0.00
Total Net Increase/Decrease $115,325.00
New Contract Total $380 882.00
Civil Concepts Construction LLC
City of La Porte
Date
Date
CONTRACT TERMINATION AGREEMENT AND MUTUAL RELEASE
The City of LaPorte, Texas and Civil Concepts Construction, LLC hereby mutually
agree to the rescission and termination of the construction contract entered into between
the parties by virtue of La Porte's acceptance of Civil Concept Construction, LLC's bid
by the La Porte City Council on July 23, 2012, and which construction contract relates to
improvements to the Lomax Arena in La Porte, Texas.
In consideration of each party's agreement to rescission and termination of the said
construction contract, both La Porte, Texas and Civil Concepts Construction, LLC agree
to fiilly release and hold harmless the other party from any and all claims, damages,
losses, expenses, and liabilities, including attorney's fees, which could be asserted against
the other party, arising directly or indirectly from any activities conducted or services
performed in connection with said construction contract.
This agreement shall be inunediately effective upon its execution by both parties.
Civil Concepts Construction, LLC
Richard W. Cansler, President
Date
City of La Porte, Texas
Corby Alexander, City Manager
Date
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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