HomeMy WebLinkAbout05-14-18 Regular Meeting of the La Porte City Council
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: May 14, 2018
Source of Funds: N/A
Requested By: Patrice Fogarty, City Secretary
Account Number: N/A
Department: City Secretary
Amount Budgeted: N/A
Report: Resolution: Ordinance: X
Amount Requested: N/A
Exhibits: Ordinance Canvassing General Election
Budgeted Item: YES NO
and Special Election held May 5, 2018
SUMMARY & RECOMMENDATION
rdth
held the election on the May uniform election date, the canvass must be made between the 3 and 11
day after the election. The canvass is the official tabulation of the election results and is the final canvass.
Action Required by Council:
Consider approval or other action to adopt an ordinance canvassing the 2018 general election and special
election.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Office of the Mayor
WHEREAS, The Congress and President of the United States have designated
as National Police Week; and
WHEREAS, the members of the law enforcement community of the City of La
Porte play an essential role in safeguarding the rights and freedoms of La Porte; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities,
hazards, and sacrifices of their law enforcement agency, and that members of our law
enforcement agency recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and
WHEREAS, the men and women of the La Porte Police Department unceasingly provide
a vital public service;
NOW, THEREFORE, I, Louis R. Rigby, Mayor, along with members of the La Porte City
Council, proudly proclaim May 13, 2018 to May 29, 2018, as
National Police Week
I further call upon all citizens of the City of La Porte to observe Tuesday, May 15th
through their courageous deeds, have made the ultimate sacrifice in service to their
community or have become disabled in performance of duty, and let us recognize
and pay respect to the survivors of our fallen heroes.
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be
affixed hereto, this the 14th day of May, 2018.
City of La Porte
______________________________
Louis R. Rigby, Mayor
Office of the Mayor
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to
provide lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators and others; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing education
to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services Week.
NOW, THEREFORE, I, Louis R. Rigby, Mayor, along with members of the La Porte City
Council, do hereby proclaim May 20, 2018 to May 26, 2018, as
Emergency Medical Services Week
observe this week with appropriate programs, ceremonies and activities.
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be
affixed hereto, this the 14th day of May, 2018.
City of La Porte
______________________________
Louis R. Rigby, Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 02/26/2017
Source of Funds:
Requested By: Matt Hartleib
Account Number:
Department: Admin Human Resources
Amount Budgeted:
Report: Resolution: Ordinance:
Amount Requested:
Exhibits: Recognition Overview
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Background:
Employee of the First Quarter for 2018 is shared by Officer Anthony Bish and Paramedic Ehren Torres.
Officer Bish is being recognized for his stellar work in the Police Area Representative (PAR) role collaborating with citizens and
community partners to address concerns and resolve problems.
Mr. Torres is being recognized for his recent training of La Porte OD officers regarding lifesaving skills in the field. This continues his
partnership with the Police Department as a member of the PD Tactical Team
Action Required by Council: None
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
st
Employee of the 1 Quarter
Anthony Bish
Since joining the La Porte Police Department in September of 2002, Officer Anthony Bish has
served the community with professionalism and dedication as a patrol officer, a detective, and
most recently as the district 1 Police Are Representative (PAR). In the PAR assignment, Officer
Bish serves as a court bailiff, provides leadership for the Citizens Police Academy, and conducts
a variety of public outreach efforts. The main focus of the PAR officer is to solve problems that
often are not able to be resolved by Patrol Officers alone. This proactive assignment requires
building and maintain positive relationships with residents, business owners, other City
departments, and external agencies.
An example of Office
in the Lomax area. The Police department received 43 calls for service for loud noise in this
area, including 12 calls in a three month period. The source of the noise was initially difficult to
pin down, but Officer Bish was diligent and eventually identified the business. He made
contact with the business owner and sought to arrive at a resolution. Using a variety of
approaches, Officer Bish ultimately got buy-in from the business owner who made some
physical changes to their facility that greatly reduced the noise level. Throughout the process,
Officer Bish stayed in contact with the impacted citizens. His efforts improved the quality of
life for area residents and led to a positive relationship with the business owner.
Officer Bish is currently stationed in the new neighborhood center where he continues his
excellent work assisting the La Porte community.
Join me in congratulating Officer Bish as an Employee of the quarter. Thank you.
st
Employee of the 1Quarter
Ehren Torres
EhrenTorres joined the City of La Porte team in August of 2014. He is a licensed
paramedic and holds advanced certifications in a variety of areas including:
cardiovascular and pediatric care, critical care transport, and tactical support. He
is a member of the La Porte EMS Bike Team and serves as a field training officer.
Ehren goes above and beyond in all of his normal job duties which is reflected in
his consistently high performance evaluation ratings. In addition to that, Ehren
serves on the La Porte PD Tactical Team as the Tactical paramedic. This
assignment requires a significant commitment in order to remain ready both
physically and mentally. Ehren trains daily and encourages teammates to
participate in exercise programs. He attends all tactical trainings (even on his days
off) to maintain his awareness of the potential scenarios that could play out in a
tactical situation. Ehren has devoted many hours to research and training of
tactical medical support and has used that knowledge to author medical protocols
to care for fellow team members. He recently trained all La Porte PD Officers in
“Stop the Bleed” a program designed to teach teammates how to properly use
tourniquets to save lives.
Ehren’s consistent dedication to improving his skills and the skills of his
teammates is an invaluable asset to the La Porte community. Please join me in
thanking him and congratulating him as an Employee of the Quarter.
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
DANNY EARP
NANCY OJEDA
Mayor Pro Tem
Councilmember District 6
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE SPECIAL MEETINGOF THE
CITY COUNCILOF THE CITY OF LA PORTE
APRIL 14,2018
The City Council of the City of La Portemet in aspecial meetingonSaturday, April 14,2018,at
8:30a.m.,in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texasto
consider the followingitems of business:
1.Call to Order
Mayor Rigbycalled the meeting to order at 8:30a.m. Members of Council present: Councilmembers
Engelken, Earp,K. Martin, Zemanek, Ojeda, KaminskiandJ. Martin.Absent: Councilmember
Leonard
Members of City Executive Staff and City Employees Present:
City Manager’s Office: Corby Alexander, Jason Weeksand Ryan Cramer
City Secretary’s Office: Patrice Fogarty
Finance: Michael Dolby, Gay Collins and Shelley Wolny
Parks: Rosalyn Epting
Planning: Richard Mancilla
Police Department: Ken Adcox, Steve Deardorff and Matt Daeumer
Fire Department: Mike Boaze
Public Works Department: Don Pennell
Human Resources:Matt Hartleib
Municipal Court: Cathy Haney
I.T.: Grady Parker
2.Discussion and possibleaction–The purpose of this meeting is to discuss and formulate City Council
and staff plans, operations, policies, and future projects, including the following:
A.Financial Overview –Michael Dolby
Finance Director Michael Dolby presented a PowerPoint with a financial overview. There were
no questions from Council.
B.Property Tax Rate Reduction –(CouncilmemberEarp)–C. Alexander
City Manager Corby Alexanderpresented a summary.There were questions on homestead
exemptions.Councilmember Earp commentedhe is not asking to cut City services.Council
directed Staff to come back with some ideas for reducing property tax rates and its effects.
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April 14,2018, City Council Special Meeting Minutes
Items L,U,C, R, S and T were discussed and taken out of order at this time due to
Councilmembers Earp and J. Martin having to leave the meeting at 12:00 p.m.See
items for discussions.
C.City Attorney/City Prosecutor ((Councilmember Earp)–C. Alexander
City Manager Corby Alexanderpresented a summary.
Councilmember Earp questioned the current attorneys being provided health insurance and
not being employed by the Cityand not having a contract with the City.
Mayor Rigby commented City Council has to decide if an attorney/prosecutor is needed
in-house or by contract.
Staff was directed to bring back options for a full time in-house city attorney vs. a city attorney
with a contract. Staff was also directed to bring back options for revising the existing city
attorneys’arrangement.
D.Public Works Facility Improvements–(Mayor Rigby)–D. Pennell
Public Works Director Don Pennellpresented a summaryand recommendedathorough
evaluation be conducted to see what improvements are required rather than a total rebuild.
Council agreed for Staff to get an engineered assessment of how to proceed.
Mayor Rigby recessed for a break at 9:55 a.m. Mayor Rigby reconvened the workshop at 10:08a.m.
E.Discuss GASB 75 and OPEB –M. Dolby
Finance Director Michael Dolbypresented a summaryand recommended pre-funding and
setting aside $2.3 million to lower the liability.
Staff was directed to get actuarialinformationand report back.
F.Parking Lot Renovation at Fairmont Park (Councilmember Ojeda) –R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
There were no objections to moving forward with the project.
G.Library Security Cameras and Summer Reading Program–(CouncilmemberOjeda) –
E. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Councilmember Ojeda advised she is a volunteer at the library and has heard of vandalism
and mischief at the library and requested the city provide security cameras and a summer
reading program.
There were no objections to moving forward with the project.
H.Playground at Woodfalls Park–(Councilmember Ojeda)–R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
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April 14,2018, City Council Special Meeting Minutes
Councilmember Ojeda informed residents are displeased with the playground equipment at
Woodfalls Park.
There were no objections to moving forward with the project
Police Chief Ken Adcox added if three apparatus are added,the park can be designated a
drug free zone.
Council directed Staff to reconfigure removing parking south of the parking lot for more
playground equipment, if necessary.
I.Fairmont Park West Park & Pool–(Councilmember Kaminski) –R. Epting
Parks and Recreation Director Rosalyn Epting and Mayor Rigby presented a summary.
President of Fairmont Park West Homeowners Association Mike Patterson spoke and asked
the City consider taking on the maintenance at the pool and the homeowners association
continue to provide lifeguards. Mr. Patterson also asked the City to consider a 2-year
agreementand keep the park and pool operable.
Bill Bentley spoke and informed Council of concerns regarding the maintenance of the pool
andthe playground at Fairmont Park West.
Staff was directed to go out and confirm what needs to be done at Fairmont Park West Park
& Pool.
J.Recycling Options–(Councilmember Ojeda)–D. Pennell
Public WorksDirector Don Pennellpresented a summary.
Staff was directed to researchsubscription based options; installing camerasat the current
recycling location and to place the signage backon Sens Rd.
K.Animal Testing Protocol–(Councilmember Ojeda)–K. Adcox
Lieutenant Matt Daeumerpresented a summary.
Councilmember Ojeda commented there should be medical fundsto assist individuals that
adopt animals from the shelter.
Council agreed on Proposal I, testing and treatment of animals.
L.Decorative Street Lighting for S. Broadway –(Councilmember J. Martin) –R. Epting
Parks and Recreation Director Rosalyn Eptingpresented a summary.
Councilmember J. Martin commented he would like to see S. Broadway lighted and advised
he has asked the City Manager to visit with Harris County to see if funding is available. City
Manager Alexander advised he has an appointment with Harris County on Friday.
Councilmember Zemanek asked if this project qualifiesas beautification under the Economic
Development Corporation. City Manager Corby Alexander responded it is a possibility.
Staff was directed to come back with more information.
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April 14,2018, City Council Special Meeting Minutes
M.Convert Klein Retreat into a Beach –(Councilmember Kaminski) –R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Staff was directed to get figures together for Klein Retreat to become a park.
N.Vehicle Storage Regulations–(Councilmember Kaminski) –R. Mancilla
Economic Development Coordinatorpresented a summary.
Council requested Planning and Development Director Richard Mancilla to bring the item back
for discussion at a future City Council meeting.
O.Gateway Flagpoles–(Councilmember Kaminski)–R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Council agreed to go with Option 2-Three (3) Flagpoles: $9,568.00.
P.East Main Street Sidewalk Project–(Councilmember Kaminski)–D. Pennell
Public Works Director Don Pennellpresented a summary.
Council agreed to fundthe project for the next two years.
Q.City Council Office Space –(Councilmember Engelken)–J. Weeks
Assistant City Manager Jason Weeksprovided the summaryfor discussion.
Councilmember Engelken commented he does not utilize his office on a regular basis.
Councilmembers Kaminski and Ojeda informed they do utilize their offices on a regular basis.
Councilmember J. Martin informed hedoes utilize his office but is willing to provide it to
someone if needed.
Councilmembers Zemanek and Earp also commented they do not utilize their offices on a
regular basis and advised the offices are available if needed.
R.Medical Plan Performance Update (Councilmember Earp) –M. Hartleib
Human Resources Manager Matt Hartleibpresented a summary.
Councilmember Earp thanked Mr. Hartleib for the update.
S.F216 Channel De-silting/Cleaning–(Councilmember Earp) –D. Pennell
Public Works DirectorDon Pennell presented a summaryandreported Harris County will
de-silt the ditches.
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April 14,2018, City Council Special Meeting Minutes
T.Lomax Roadside Ditches De-silting/Cleaning–(Councilmember Earp) –D. Pennell
Public Works Director Don Pennell presented a summaryand reported cleanouts of H,L and
P Streets will be mobilized within the next month.
U.Northwest Park Walking Trail –(Councilmember Earp) –R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
City Manager Corby Alexander advised the item is currently budgeted at $25,000.00 for this
yearand will be done in-house.
V.Options/Ideas to revive Main Street –(Councilmember Kaminski) –R. Cramer
Economic Development Coordinator Ryan Cramer presented a summary.
Councilmember Kaminski asked if business owners have been provided information
regarding grants. Mr. Cramer responded yes.
Councilmember Zemanek shared ideas of a joint venture process between the City and the
Chamber of Commerce to revitalize Main Street.
Staff was directed to look atother downtowns and bring back ideas to revitalize Main Street.
3.Council Comments
Mayor and Council thanked Staff for the budget presentationsand attending the meeting.
4.Adjourn
There being no further business, Councilmember Engelken moved to adjourn the meeting at
12:12p.m. Councilmember J. Martin seconded. MOTION PASSEDUNANIMOUSLY.
Respectfully submitted,
____________________________________
Patrice Fogarty, City Secretary
Passed and approved on May 14,2018.
____________________________________
Mayor Louis R. Rigby
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April 14,2018, City Council Special Meeting Minutes
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Mayor Pro-Tem
DOTTIE KAMINSKI
Councilmember District 4
Councilmember At Large B
JAY MARTIN
DANNY EARP
Councilmember District 5
Councilmember District 1
NANCY OJEDA
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
APRIL 23, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, April 23, 2018, 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 Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, and
Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant
City Manager Jason Weeks, and Assistant City Attorney Clark Askins.
2. INVOCATION The invocation was given by Assistant City Attorney, Clark Askins
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Nancy Ojeda.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition Councilmember Daryl Leonard Appreciation of Nine Years of Service to the
City of La Porte Mayor Rigby
Mayor Rigby recognized Councilmember Daryl Leonard for Nine Years of Service to the City of
La Porte.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Sonja Smith, 8415 Beechaven, addressed Council with concerns of possible drug activity at 8406
Beechaven. The home is vacant; there are no cameras to catch activity. She would like to know
what type of actions need to be taken in order to have the house condemned.
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 the meeting held on April 9, 2018
P. Fogarty
(b) Consider approval or other action regarding an amended Ordinance consenting to petition
for creation of Harris County MUD 561 and adoption of utility agreement between the City of
La Porte and Beazer Homes Texas, L.P. C. Alexander
(c) Consider approval or other action authorizing the City Manager to execute a professional
services contract with HDR, Inc., for design, bidding and construction phase services for the
Coupland Drive Improvement project D. Pennell
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April 23, 2018 Council Meeting Minutes
(d) Consider approval or other action authorizing the City Manager to execute an agreement
with Jones Carter Engineering Inc., to provide professional engineering services for the
2018 Water Master Plan Update D. Pennell
(e) Consider approval or other action regarding an Interlocal Agreement between the City of La
Porte and North Central Texas Council of Government for actuarial services in relation to
GASB 74 and 75 M. Dolby
(f) Consider approval or other action to reject Bid # 18008 for Wave Pool Renovations R.
Epting
Councilmembers Earp and Engelken had questions regarding Items (b) and (e), respectively. Staff
responded to the questions.
Councilmember Earp requested an amendment to the Harris County Mud 561 and Restated Utility
Agreement by striking a sentence in Section 6.01, found on page 9; Beazer Homes agreed to make
the change to the agreement.
Councilmember Earp made a motion to approve Consent Agenda items pursuant to staff
recommendations, including the amendment to the MUD 561 Utility Agreement. Councilmember
Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Zemanek, Kaminski, Earp, J. Martin, and K. Martin
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3704: AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS CONSENTING TO AND
GRANTING A PETITION FOR THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY
DISTRCT NO 561, A MUNICIPAL UTILITY DISTRICT TO BE LOCATED WITHIN THE
BOUNDARIES OF THE CITY OF LA PORTE, TEXAS AND BEING MORE PARTICULARY
DESCRIBED AS A 234.650 ACRE TRACT OFL AND SITUATED IN THE RICHARD PEARSALL
SURVEY, ADBSTRACT NO. 265, HARRIS COUNTY, TEXAS; APPROVING A UTILITY
AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND BEAZER HOMES
TEXAS L.P., ON BEHALF OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
7. AUTHORIZATIONS
(a) Consider approval or other action authorizing City Staff to execute payment in the amount of
$96,558.79 to Oakland Land and Development, Inc., for the development of Sector 23, in
accordance with Chapter 380 economic development agreement between City of La Porte
and Oakland Land and Development, Inc. R. Cramer
Economic Development Coordinator Ryan Cramer presented a summary.
Councilmember Zemanek made a motion to authorize Staff to execute payment in the amount of
$96,558.79 to Oakland Land and Development, Inc., for the development of Sector 23, in
accordance with Chapter 380 economic development agreement between City of La Porte and
Oakland Land and Development, Inc. Councilmember K. Martin seconded. MOTION PASSED
UNAIMOUSLY 9/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Zemanek, Kaminski, Earp, J. Martin, and K. Martin
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April 23, 2018 Council Meeting Minutes
Nays:None
Absent: None
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding report on dangerous/substandard residential
building located at 9906 Rocky Hollow M. Kirkwood
Deputy Building Official Mike Kirkwood presented a summary and requested Council authorize a
public hearing date for this property on June 11, 2018.
Councilmember Leonard made a motion to authorize a public hearing date for June 11, 2018.
Councilmember Engelken seconded. MOTION PASSED UNAIMOUSLY 9/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Zemanek, Kaminski, Earp, J. Martin, and K. Martin
Nays: None
Absent: None
(b) Discussion and possible action regarding the five-year update to the City of La Porte
Comprehensive Plan 2030 I. Clowes
City Planner Ian Clowes presented a summary and introduced consultants from Kendig Keast who
gave a brief presentation on the La Porte Comprehensive Plan 2030. Mr. Clowes will proceed with
public hearings for the Planning and Zoning Commission and then to be brought to Council.
(c) Discussion and possible action regarding an agreement between the City of La Porte and
La Porte Independent School District for an additional Sergeant position at school campus
and an Ordinance adding Sergeant and Patrolman civil service classification positions to La
Porte Police Department K. Adcox
Police Chief Ken Adcox presented a summary.
Councilmember Zemanek asked Chief Adcox whether La Porte ISD is paying for maintenance and
operational expenses for the vehicle, and stated , but will need to be
amended. He also stated another thing not mentioned in the contract is insurance. He asked if the
officer has an accident, who covers the repair or replacement of the vehicle. Councilmember
Zemanek stated he spoke to City Manager Corby Alexander prior to the meeting regarding his
concerns. Chief Adcox stated he will speak to the Superintendent regarding making the changes to
hief Adcox asked Council to approve
the contract before the May 1, 2018, deadline; the contract will be brought back, along with the
budget amendment. Councilmember Engelken asked what type of citations or arrest records the
Police Department has had at La Porte High School; he feels that the administration should have
Chief Adcox also stated that the School Resource Officers work for the Police Department; the
if it involves law enforcement. Mayor Rigby
asked Chief Adcox that per the agreement, whomever is selected is under care and
control and will follow all departmental policies and civil service requirements; but if the school
district says they do not want a particular School Resource Officer, does the school district make
that call? Chief Adcox response it is our call since they are contracting the service with the Police
Department. I would listen to their concern; and if it is a legitimate reason, I will make the change.
Councilmember Zemanek made a motion to approve an agreement between the City of La Porte
and La Porte Independent School District for an additional Sergeant position at a school campus
and approved an Ordinance adding Sergeant and Patrolman civil service classification positions to
La Porte Police Department. Councilmember Earp seconded. MOTION PASSED UNAIMOUSLY
9/0.
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April 23, 2018 Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Zemanek, Kaminski, Earp, J. Martin, and K. Martin
Nays: None
Absent: None
.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3705: LEMENTING
POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES
SEVERABILITY CLAUSE; CONTAINING AA REPEALING CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
(d) Discussion and possible action regarding policy for mutual aid response by the City of
La Porte Emergency Medical Service R. Nolen
EMS Chief Ray Nolen presented a summary.
Councilmember Zemanek stated he would like to see the policy change to one box on the east
side, one box on the west side all the time; he would like to see a third box in service before we
offer mutual aid to another city. Mayor Rigby asked when we request mutual aid, the patient pays
our rates but there is no money exchanged from city to city; so,
a mutual aid call? Chief Nolen response that is correct; we charge their patients our rate, and our
commends leaving the current policy as is and to
give staff time to meet with other cities. Chief Nolen will bring this item back at the first meeting in
June.
9. ADMINISTRATIVE REPORTS
There were no administrative reports. City Manager Corby Alexander directed Chief Adcox to get
with Ms. Sonja Smith, who spoke under public comments, to address her concerns.
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.
Councilmember J. Martin congratulated Councilmember Leonard for his years of service and stated
he will be missed; also he stated he appreciates the School Resources Officers who spoke, and
said it was very informative information, and that he learned a lot from them. Councilmember K.
Martin told Councilman Leonard he will be missed, and she enjoyed working with him.
Councilmember Kaminski stated she enjoyed working with Councilmember Leonard, and that he
and his wife, Becky, will be missed. Councilmember Zemanek asked that staff bring a report on the
National Guard Building as it looks like it has been vacated again; is there any remediation efforts
on the hazardous conditions? Councilmember Zemanek congratulated Councilmember Leonard
saying it was an honor and privilege sitting next to him these past years, and he wished him the
best. Councilmember Leonard commented how it the last nine years have been the most enjoyable
times of working with everyone on Council, and it was exciting and a privilege working for the
citizens of La Porte. He thanked council and citizens for the support given him for the last nine
years. Councilmember Engelken congratulated Councilmember Leonard on his service to the
citizens of La Porte. Councilmember Earp congratulated Councilmember Leonard for his service.
Councilmember Ojeda thanked Councilmember Leonard for appointing her to the La Porte
Economic Development Board, Charter Review Committee, and Redistricting Committee and now
she is on Council. She stated she has enjoyed every minute and thanked him. Mayor Rigby
acknowledged Councilmember Leonard during his time as Mayor Pro-Tem when Mayor Beasley
resigned due to a job change; that he was able to step in, and he appreciated the entire nine years
he provided the citizens.
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April 23, 2018 Council Meeting Minutes
11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 7:32p.m. Councilmember Leonard secondedthe motion. MOTION PASSED
UNANIMOUSLY 9/0.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on May 14, 2018.
________________________________
Mayor Louis R. Rigby
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April 23, 2018 Council Meeting Minutes
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 17-18FY 17-18
RevenuesExpenses
Governmental Fund Types:
General Fund$46,639,225$48,835,470
Grant Fund533,8361,152,584
Street Maintenance Sales Tax1,137,0001,930,000
Emergency Services District1,129,5001,087,507
Hotel/Motel Occupancy Tax705,500743,805
Economic Development Corporat2,275,0003,834,526
Tax Increment Reinvestment3,107,6881,991,430
Total Governmental Types55,527,74959,575,322
Enterprise:
Utility8,266,0507,078,221
Airport63,950308,372
La Porte Area Water Authority1,591,0171,569,743
Total Enterprise9,921,0178,956,336
Internal Service
Motor Pool3,111,1811,901,834
Insurance Fund7,960,7328,383,353
Technology Fund442,242320,500
Total Internal Service11,514,15510,605,687
Capital Improvement:
General3,580,2003,782,302
Utility2,133,0002,005,000
Sewer Rehabilitation302,500350,000
Drainage Improvement Fund280,500105,000
2006 C/O Bond Fund-563,592
2010 C/O Bond Fund-1,165,846
2015 C/O Bond Fund-609,386
TWDB Loan Fund-500,000
Total Capital Improvement6,296,2009,081,126
Debt Service:
General4,825,6044,526,924
Total Debt Service4,825,6044,526,924
Total All Funds$88,084,725$92,745,395
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 17-18FY 17-18
RevenuesExpenses
Governmental Fund Types:
General Fund$46,733,574$48,956,359
Grant Fund533,8361,152,584
Street Maintenance Sales Tax1,137,0001,930,000
Emergency Services District1,129,5001,087,507
Hotel/Motel Occupancy Tax705,500743,805
Economic Development Corporat2,275,0003,834,526
Tax Increment Reinvestment3,107,6881,991,430
Total Governmental Types55,622,09859,696,211
Enterprise:
Utility8,266,0507,078,221
Airport63,950308,372
La Porte Area Water Authority1,591,0171,569,743
Total Enterprise9,921,0178,956,336
Internal Service
Motor Pool3,111,1811,901,834
Insurance Fund7,960,7328,383,353
Technology Fund442,242320,500
Total Internal Service11,514,15510,605,687
Capital Improvement:
General3,580,2003,782,302
Utility2,133,0002,005,000
Sewer Rehabilitation302,500350,000
Drainage Improvement Fund280,500105,000
2006 C/O Bond Fund-563,592
2010 C/O Bond Fund-1,165,846
2015 C/O Bond Fund-609,386
TWDB Loan Fund-500,000
Total Capital Improvement6,296,2009,081,126
Debt Service:
General4,825,6044,526,924
Total Debt Service4,825,6044,526,924
Total All Funds$88,179,074$92,866,284
KenAdcox,ChiefofPolice
LaPortePoliceDepartment
3001North23rdSt.
LaPorte,TX77571
Off:2818423101,Fax:2814701590
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777· 3555 Timmons· Houston, Texas 77227-2777
Subrecipient Agreement - City of La Porte, Texas - Transportation - 18-00295
HOUSTON-GALVESTON AREA COUNCIL
REGIONAL DWI TASK FORCE SUBCONTRACT INTERGOVERNMENTAL AGREEMENT
GENERAL TERMS AND CONDITIONS
Definitions: For purposes of these Terms and Conditions, the “Department” is also known as
the “TXDoT” and the “prospective primary participant”. The “Subgrantee” is also known as the
“H-GAC” and “prospective lower tier participant”. The Subcontractor is the local government
entity contracted to perform the duties outlined in the scope of work of this agreement.
ARTICLE 1. COMPLIANCE WITH LAWS
The Subcontractor shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any matter affecting the performance of this agreement, including,
without limitation, workers' compensation laws, minimum and maximum salary and wage
statutes and regulations, nondiscrimination laws and regulations, and licensing laws and
regulations. When required, the Subcontractor shall furnish the H-GAC and/or the Texas
Department of Transportation (Department)with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subcontractor assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 2 CFR, Part 200; and the TXDoT’s Traffic Safety
Program Manual, as they relate to the application, acceptance, and use of federal or state
funds for this project. Also, the Subcontractor assures and certifies that:
A.It possesses legal authority to apply for the grant; and that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances
contained in the application, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide any additional information that may be required.
B.It and its contractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), as amended, and in accordance with that Act, no person shall discriminate, on the
Page 1 of 22
grounds of race, color, sex, national origin, age, religion, or disability.
C.It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601
et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform
Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49
CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a
result of federal and federally assisted programs.
D.It will comply with political activity (Hatch Act) (applies to subrecipients as well as States).
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits
the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
E.It will comply with the federal Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing project work.
F.It will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other
ties.
G.It will give the H-GAC and TXDoT the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H.It will comply with all requirements imposed by the H-GAC and TXDoT concerning special
requirements of law, program requirements, and other administrative requirements.
I.It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of the
major federal laws that may affect the project include: the National Environmental Policy
Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC
§§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as
amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as
amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subcontractor
also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal
agencies have issued, and in the future, are expected to issue, regulations, guidelines,
standards, orders, directives, or other requirements that may affect this Project. Thus, it
agrees to comply, and assures the compliance of each contractor and each Subcontractor,
with any federal requirements that the federal government may now or in the future
promulgate.
J.It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where that insurance is
available as a condition for the receipt of any federal financial assistance for construction or
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acquisition purposes for use inany area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards.
The phrase "federal financial assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate,subsidy, disaster assistance loan or grant, or any form of direct
or indirect federal assistance.
K.It will assist the H-GAC and TXDoT in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order
11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191).
L.It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subcontractor's governing board or the Subcontractor's
subcontractors shall vote or confirm the employment of any person related within the
second degree of affinity or third degree by consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise that person.
This prohibition shall not apply to the employment of a person described in Section 573.062
of the Texas Government Code.
M.It will ensure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly
provided by law.
N.If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically permitted in the Texas
Constitution.
ARTICLE 3. COMPENSATION
A.The method of payment for this agreement will be based on actual costs incurred up to and
not to exceed the limits specified in the Project Budget. The amount included in a Project
Budget category will be deemed to be an estimate only and a higher amount can be
reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project
Budget specifies that costs are based on a specific rate, per-unit cost, or other method of
payment, reimbursement will be based on the specified method.
B.All payments will be made in accordance with the Project Budget.
1.The Subcontractor's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the overrun
does not exceed a total of five (5) percent of the maximum amount eligible for
reimbursement from TxDOT in the attached Project Budget for the current fiscal year.
This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget.
2.If the overrun is five (5) percent or less, the Subcontractor must provide written
Page 3 of 22
notification to the H-GAC,prior to the Request for Reimbursement being approved. The
notification must indicate the amount, the percent over, and the specific reason(s) for
the overrun.
3.Any overrun of more than five (5) percent of the amount eligible for reimbursement from
TxDOT in the attached Project Budget requires an amendment of this Grant Agreement.
4.The maximum amount eligible for reimbursement shall not be increased above the
Grand Total from the TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this agreement.
5.For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget,
Subcontractor is not allowed to use underrun funds from theTxDOT amount of (100)
Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT
amount listed in Subcategory C, "Other." Also, Subcontractor is not allowed to use
underrun funds from the TxDOT amount of (100) Salaries, Subcategories A,
"Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B,
"PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C,
"Other," can only be exceeded within the five (5) percent flexibility, with underrunfunds
from Budget Categories II or III.
C.To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant Period of
this Grant Agreement, attributable to work covered by this agreement, and which has been
completed in a manner satisfactory and acceptable to the H-GAC.
D.Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an
activity already supported by local or state funds.
E.Payment of costs incurred under this agreement is further governed by the cost principles
outlined in 2 CFR Part 200.
F.The Subcontractor agrees to submit monthly Requests for Reimbursement, as designated
in this Grant Agreement, within thirty (30) days after the end of the billing period. The
Request for Reimbursement and appropriate supporting documentation must be submitted
to H-GAC electronically utilizing H-GAC approved form documents.
G.The Subcontractor agrees to submit the final Request for Reimbursement under this
agreement within thirty (30) days of the end of the grant period.
H.Payments are contingent upon the availability of appropriated funds.
I.Project agreements supported with federal or TxDOT funds are limited to the length of this
Grant Period specified in this Grant Agreement. If the H-GAC determines that the project
has demonstrated merit or has potential long-range benefits, the Subcontractor may apply
for funding assistance beyond the initial agreement period.
Page 4 of 22
Preference for funding will be given to projects based on (1) proposed cost sharing and (2)
demonstrated performance history.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of funds. If
at any time during this Grant Period, the H-GAC determines that there is insufficient funding to
continue the project, the H-GAC shall notify the Subcontractor, giving notice of intent to
terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal
fiscal year, the H-GAC determines that there is sufficient funding and performance to continue
the project, the H-GAC may notify the Subcontractor to continue this agreement.
ARTICLE 5. AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both
parties. Any amendment must be executed by the parties within the Grant Period, as specified
in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A.If the Subcontractor is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subcontractor shall promptly notify the H-
GAC in writing. If the H-GAC finds that such work does constitute additional work, the H-
GAC shall advise the Subcontractor and a written amendment to this agreement will be
executed according to Article 5, Amendments, to provide compensation for doing this work
on the same basis as theoriginal work. If performance of the additional work will cause the
maximum amount payable to be exceeded, the work will not be performed before a written
grant amendment is executed.
B.If the Subcontractor has submitted work in accordance with the termsof this agreement but
the H-GAC requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subcontractor shall make those revisions as requested and directed by the H-GAC. This
will be considered as additional work and will be paid for as specified in this Article.
C.If the Subcontractor submits work that does not comply with the terms of this agreement,
the H-GAC shall instruct the Subcontractor to make any revisions that are necessary to
bring the work into compliance with this agreement. No additional compensation shall be
paid for this work.
D.The Subcontractor shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the H-GAC. No
additional compensation shall be paid for this work.
E.The H-GAC shall not be responsible for actions by the Subcontractor or any costs incurred
by the Subcontractor relating to additional work not directly associated with or prior to the
Page 5 of 22
execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A.Not later than thirty (30) days after the end of each reporting period, the Subcontractor shall
submit a performance report to the H-GAC. Reporting periods vary by project duration and
are defined as follows:
1.For short term projects, the reporting period is the duration of the project. Subcontractor
shall submit a performance report within 30 days of project completion.
2.For longer projects, the reporting period is monthly. Subcontractor shall submit a
performance report within 30 days of the completion of each project month and within
30 days of project completion.
3.For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period
is each billing cycle. Subcontractor shall submit a performance report within 30 days of
the completion of each billing cycle.
B.The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C.The Subcontractor shall promptly advise the H-GAC in writing, of events that will have a
significant impact upon this agreement, including:
1.Problems, delays, or adverse conditions, including a change of project director or other
changes in Subcontractor personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance measures by
the established time periods. This disclosure shall be accompanied by a statement of
the action taken or contemplated and any H-GAC or federal assistance needed to
resolve the situation.
2.Favorable developments or events that enable meeting time schedules and objectives
sooner than anticipated or achieving greater performance measure output than
originally projected.
D.The Subcontractor shall submit the Final Performance Report to the H-GAC within fifteen
(15) days after completion of the grant.
ARTICLE 8. RECORDS
The Subcontractor agrees to maintain all reports, documents, papers, accounting records,
Page 6 of 22
books, and other evidence pertaining to costs incurred and work performed under this
agreement (called the “Records”), and shall make the Records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subcontractor further agrees to retain the Records for seven (7) years from the date of final
payment under this agreement, until completion of all audits,or until pending litigation has
been completely and fully resolved, whichever occurs last.
The records to be thus maintained and retained by the Subcontractor shall include (without
limitation): (1) personnel and payroll records, including social securitynumbers and labor
classifications, accounting for total time distribution of the Subcontractor's employees working
full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll
payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for
purchases, receiving and issuing documents, and all other unit inventory records for the
Subcontractor's stocks or capital items; and (3) paid invoices and cancelled checks for
materials purchased and for ' andany other third parties' charges.
Duly authorized representatives of the H-GAC, TXDoT, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the Records.
This right of access is not limited to the four (4) year period but shall last as long as the
Records are retained.
ARTICLE 9. INDEMNIFICATION
Bothparties to this agreement agree, being government entities,that no party is an agent,
servant, or employee of the other party and each party agrees it is responsible for its individual
acts and deeds, as well as the acts and deeds of its contractors, employees, representatives,
and agents.
ARTICLE 10. DISPUTES ANDREMEDIES
This agreement supersedes any prior oral or written agreements. If a conflict arises between
this agreement and the Traffic Safety Program Manual, this agreement shall govern. The
Subcontractor shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subcontractor in support of work under this
agreement. Disputes concerning performance or payment shall be submitted to the H-GAC for
settlement, with the Executive Director or his or her designee making the final decision.
ARTICLE 11. TERMINATION
A.This agreement shall remain in effect until the Subcontractor has satisfactorily completed
all services and obligations described in this agreement and these have been accepted by
the H-GAC, unless:
1.This agreement is terminated in writing with the mutual consent of both parties; or
2.There is a written thirty (30) day notice by either party; or
Page 7 of 22
3.The H-GAC determines that the performance of the project is not in the best interest of
the H-GAC and informs the Subcontractor that the project is terminated immediately.
B.The H-GAC shall compensate the Subcontractor for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement that are directly attributable to
the completed portion of the work covered by this agreement, provided that the work has
been completed in a manner satisfactory and acceptable to the H-GAC. The Subcontractor
shall not incur nor be reimbursed for any new obligations after the effective date of
termination.
ARTICLE 12. INSPECTION OF WORK
A.The H-GAC, the TXDoT and, when federal funds are involved, the USDOT, or any of their
authorized representatives, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this agreement and the premises in
which it is being performed.
B.If any inspection or evaluation is made on the premises of the Subcontractor or its
Subcontractor, the Subcontractor shall provide and require its Subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in a manner
that will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under
this agreement acts as acceptance of the authority of the State Auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of ,000 may not be executed by the Subcontractor without prior written
concurrence by the H-GAC. Subcontracts in excess of ,000 shall contain all applicable terms
and conditions of this agreement. No subcontract will relieve the Subcontractor of its
responsibility under this agreement.
ARTICLE 15. GRATUITIES
A.Texas Transportation Commission policy mandates that employees of the TXDoT shall not
Page 8 of 22
accept any benefit, gift, or favor from any person doing business with or who, reasonably
speaking, may do business with the TXDoT under this agreement. Theonly exceptions
allowed are ordinary business lunches and items that have received the advanced written
approval of the TXDoT's Executive Director.
B.Any person doing business with or who reasonably speaking may do business with the
TXDoT under this agreement may not make any offer of benefits, gifts, or favors to TXDoT
employees, except as mentioned here above. Failure on the part of the Subcontractor to
adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subcontractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subcontractor, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the
Subcontractor breaches or violates this warranty, the H-GAC or the TXDoTshall have the right
to annul this agreement without liability or, in its discretion, to deduct from the agreement price
or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subcontractor represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with the
interests of the H-GAC or the TXDoT. TheSubcontractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the H-GAC’s or
the TXDoT’s interests.
ARTICLE 18. SUBCONTRACTOR'S RESOURCES
A.The Subcontractor certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this agreement, or will be able to obtain
such personnel from sources other than the H-GAC.
B.All employees of the Subcontractor shall have the knowledge and experience that will
enable them to perform the duties assigned to them. Any employee of the Subcontractor
who, in the opinion of the H-GAC, is incompetent or whose conduct becomes detrimental to
the work, shall immediately be removed from association with the project.
C.Unless otherwise specified, the Subcontractor shall furnish all equipment, materials,
supplies, and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
Page 9 of 22
The Subcontractor shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the H-GACor
purchased pursuant to this agreement in accordance with its own procurement and property
management procedures, provided that the procedures are not in conflict with (1) the TXDoT's
procurement and property management standards and (2) the federal procurement and
property management standards provided by 2 CFR §§ 200.310-.316, 200.318-.324.
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys,
reports, maps, drawings, models, photographs, etc. prepared by the Subcontractor, and
equipment and supplies purchased with grant funds shall, at the option of the TXDoT, become
the property of the TXDoT. All sketches, photographs, calculations, and other data prepared
under this agreement shall be made available, upon request, to the TXDoT without restriction
or limitation of their further use.
A.Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals, systems
design, or other proprietary information in any form or medium.
B.All rights to TXDoT. The TXDoT shall own all of the rights (including copyrights, copyright
applications, copyright renewals, and copyright extensions), title and interests in and to all
data, and other information developed under this contract and versions thereof unless
otherwise agreed to in writing that there will be joint ownership.
C.All rights to Subcontractor. Classes and materials initially developed by the Subcontractor
without any type of funding or resource assistance from the H-GACremain the
Subcontractor's intellectual property. For these classes and materials, the H-GACpayment
is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The H-GACand the Subcontractor each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreement. The
Subcontractor shall not assign, sublet, or transfer interest and obligations in this agreement
without written consent of the H-GAC.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A.Compliance with regulations: The Subcontractor shall comply with the regulations relative
to nondiscrimination in federally-assisted programs of the United States Department of
Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as
Page 10 of 22
they may be amended periodically (called the “Regulations”). The Subcontractor agrees to
comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 and as supplemented by the U.S. Department of Labor
regulations (41 CFR, Part 60).
B.Nondiscrimination: (applies to subrecipients as well as States) The State highway safety
agency and Subcontractor will comply with all Federal statutes and implementing
regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of
race, color or national origin (and 49 CFR Part 21); (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), and the Americans with Disabilities Act of 1990 (Pub. L. 101-
336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of
disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights
Restoration Act of 1987 (Pub. L. 100-259), which requires Federal-aid recipients and all
subrecipients to prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the
comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of
1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol
and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42
U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of
housing; (j) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (k) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
C.Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subcontractor for
work to be performed under a subcontract, including procurements of materials and leases
of equipment, each potential Subcontractor or supplier shall be notified by the
Subcontractor of the Subcontractor's obligations under this agreement and the regulations
relative to nondiscrimination on the grounds of race, color, sex, national origin, age,
religion, or disability.
D.Information and reports: The Subcontractor shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the H-GAC, the TXDoT or the USDOT to be pertinent to ascertain
compliance with the Regulations or directives. Where any information required of the
Subcontractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Subcontractor shall certify that to the H-GAC, the TXDoT or the USDOT,
whichever is appropriate, and shall set forth what efforts the Subcontractor has made to
Page 11 of 22
obtain the requested information.
E.Sanctions for noncompliance: In the event of the Subcontractor is noncompliant with the
nondiscrimination provision of this agreement, the H-GAC, or the TXDoT shall impose such
sanctions as it or the USDOT may determine to be appropriate.
F.Incorporation of provisions: The Subcontractor shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives. The Subcontractor shall take
any action with respect to any subcontract or procurement that the H-GACmay direct as a
means of enforcing those provisions, including sanctions for noncompliance. However, in
the event a Subcontractor becomes involved in, or is threatened with litigation with a
Subcontractor or supplier as a result of such direction, the Subcontractor may request the
H-GACor the TXDoT to enter into litigation to protect the interests of the state; and in
addition, the Subcontractor may request the United States to enter into such litigation to
protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A.The parties shall comply with the DBE Program requirements established in 49 CFR Part
26.
B.The Subcontractor shall adopt, in its totality, the TXDoT’s federally approved DBE program.
C.The Subcontractor shall set an appropriate DBE goal consistent with the TXDoT’s DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Subcontractor shall have final decision-making authority
regarding the DBE goal and shallbe responsible for documenting its actions.
D.The Subcontractor shall follow all other parts of the TXDoT’s DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by
Entity and attachments found at web address
http://www.txdot.gov/business/partnerships/dbe.html
E.The Subcontractor shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of any USDOT-assisted contract or in the administration of
its DBE program or the requirements of 49 CFR Part 26. The Subcontractor shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in
award and administration of USDOT-assisted contracts. The TXDoT’s DBE program, as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in
this agreement. Implementation of this program is a legal obligation and failure to carry out
its terms shall be treated as a violation of this agreement. Upon notification from the H-
GACto the Subcontractor of its failure to carry out its approved program, the TXDoT may
impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil
Page 12 of 22
Remedies Act of 1986 (31 USC 3801 et seq.).
F.Each contract the Subcontractor signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to
subrecipients as well as States)
Instructions for Primary Certification
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation inthis covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the H-GAC, the department or agency's
determination whether to enter into this transaction. However, failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause isa material representation of fact upon which reliance was
placed when the H-GAC, the department or agency determined to enter into this transaction. If
it is later determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the TXDoT,
the H-GACor agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the H-GAC, the
TXDoT or agency to which this proposal is submitted if at any time the prospective primary
participant learns its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and
coverage sections of 49 CFR Part 29. You may contact the H-GAC, the TXDoT or agency to
which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the
Page 13 of 22
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the H-GAC, the TXDoT or
agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," provided by the H-GAC, the TXDoT or
agency entering into this covered transaction, without modification , in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the list of Parties Excluded from Federal
Procurement and Non-procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the H-GAC, the TXDoT or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary
Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
Page 14 of 22
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal government, the H-GAC, the TXDoT or agency with which
this transaction originated may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
itscertification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meanings set out in the Definition and
Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the H-GAC, the TXDoT or
Page 15 of 22
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person inthe ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the H-GAC, the TXDoT or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion –Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to
subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
Page 16 of 22
In executing this agreement, each signatory certifies to the best of his or her knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," inaccordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grant, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is aprerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than ,000 and not more than ,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subcontractor certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the
Subcontractor is liable to the state for attorney’s fees and any other damages provided bylaw
or the agreement. A child support obligor or business entity ineligible to receive payments
because of a payment delinquency of more than thirty (30) days remains ineligible until: all
arrearages have been paid; the obligor is in compliance with a written repayment agreement or
court order as to any existing delinquency; or the court of continuing jurisdiction over the child
support order has granted the obligor an exemption from Subsection (a) of Section 231.006,
Texas Family Code, as part of a court-supervised effort to improve earnings and child support
payments.
Page 17 of 22
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A.Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement is subject to the following award terms:
http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
B.The Subcontractor agrees that it shall:
1.Obtain and provide to the State a System for Award Management (SAM) number (48
CFR subpt. 4.11) if this award provides for more than ,000 in Federal funding. The SAM
number may be obtained by visiting the SAMweb-site at: https://www.sam.gov
2.Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-
line registration website http://fedgov.dnb.com/webform; and
3.Report the total compensation and names of its top five (5) executives to the State if:
i.More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than ,000,000; and
ii.The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
A.The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200.
B.If threshold expenditures of ,000 or more are met during the Subcontractor's fiscal year, the
Subcontractor must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT’s Audit
Office at singleaudits@txdot.gov
C.If expenditures are less than ,000 during the Subcontractor's fiscal year, the Subcontractor
must submit a statement to TxDOT's Audit Office as follows: "We did not meet the ,000
expenditure threshold and therefore, are not required to have a single audit performed for
FY_____."
D.For each year the project remains open for federal funding expenditures, the Subcontractor
will be responsible for filing a report or statement as described above. The required annual
filing shall extend throughout the life of the agreement, unless otherwise amended or the
Page 18 of 22
project has been formally closed out and no charges have been incurred within the current
fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States)
The State and Subcontractor will comply with the provisions of the Buy America Act (49 U.S.C.
5323(j)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases would be inconsistent with the public interest, that such materials are not
reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. Clear justification for
the purchase of non-domestic items must be in the form of a waiver request submitted to and
approvedby the Secretary of Transportation.
ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as
States)
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude
a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favoror oppose the adoption
of a specific pending legislative proposal.
ARTICLE 31. REPAYMENTS
The Subcontractor understands and agrees that it shall be liable to repay and shall repay upon
demand to H-GAC any amounts determined by H-GAC, its independent auditors, or any
agency of state or federal government to have been paid in violation of the terms of this
Agreement.
ARTICLE 32. SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which
shall continue in full force and effect.
Page 19 of 22
ARTICLE 33. FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance within the term specified of any obligation or duty placed on such party by reason
of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident,
order of any court, act of God, or specific cause reasonably beyond the party’s control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such
obligation or duty shall be suspended until such disability to perform is removed.
Determination of force majeure shall rest solely with the H-GAC.
ARTICLE 34. INSURANCE
Subcontractor shall maintain insurance coverage for work performed or services rendered
under this Agreement as outlined and defined in the attached Scope of Work.
ARTICLE 35. CRIMINAL PROVISIONS & SANCTIONS
The Subcontractor agrees to perform the Agreement in conformance with safeguards against
fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of
any related state or federal agency. The Subcontractor agrees to promptly notify H-GAC of any
actual or suspected fraud, abuse, or other criminal activity through the filing of a written report
within twenty-four (24) hours of knowledge thereof. Subcontractor shall notify H-GAC of any
accident or incident requiring medical attention arising from its activities under this Agreement
within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to
the Subcontractor from H-GAC, if any, shall be reported to local law enforcement agencies and
H-GAC within two (2) hours of discovery of any such act.
The Subcontractor further agrees to cooperate fully with H-GAC, local law enforcement
agencies, the State of Texas, the Federal Bureau of Investigation and any other duly
authorized investigative unit, in carrying out a full investigation of all such incidents.
The Subcontractor shall notify Sugrantee of the threat of lawsuit or of any actual suit filed
against the Subcontractor pertaining to this Agreement or which would adversely affect the
Subcontractor’s ability to perform services under this Agreement.
ARTICLE 36. TITLES NOT RESTRICTIVE
Page 20 of 22
The titles assigned to the various Articles of this Agreement are for convenience only. Titles
shall not be considered restrictive of the subject matter of any Article, or part of this
Agreement.
ARTICLE 37. ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall
be utilized: 1) General Provisions, 2) Scope of Work, 3) Budget and, 4) Other Attachments
ARTICLE 38. SIGNATURES
SIGNATURES:
H-GAC and the Subcontractor have read, agreed, and executed the whole Agreement as of
the date first writtenabove, as accepted by:
Page 21 of 22
CccccchhHH
Subcontractor
Signature $docusign:SignHere::Customer1
Name Corby Alexander
Title
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Jack Steele
Title Executive Director
Date $docusign:DateSigned::InternalSig
Houston-Galveston Area Council Page 22 of 22 Consultant Agreement FY 2018
HOUSTON-GALVESTON AREA COUNCIL
REGIONAL DWI TASK FORCE SUBCONTRACTOR INTERGOVERNMENTAL
AGREEMENT
SPECIAL PROVISION
This agreement contains no special provisions beyond those identified in the General
Provisions, Scope of Work, and Attachments A, B, C, and D.
ATTACHMENT A
SCOPE OF SERVICES
REGIONAL DWI TASK FORCE
The followingprovisions applyto the performance of services under the Regional DWI Task
Force Subcontract Agreement, hereafter “Agreement”. Houston–Galveston Area Council is
hereafter referred toas the “Subgrantee”, and all participating local jurisdiction law enforcement
agencies as hereafter referred to as “Subcontractor”.
A.The Subgranteewill serve as the administrator of the DWI STEP Grantunder the
Agreement.Subgranteewill be responsible for the following activities:
1.Schedulepre-enforcement periodmeetings with Subcontractorsto discuss
participation, protocols, and operational considerations;
2.Schedulepost-enforcement periodmeetings to debrief Subcontractors regarding
enforcement activities;
3.Determinethe number ofSubcontractor personnelthat participateduring each
enforcement period;
4.Collectrequests for reimbursement, along with supportingdocumentation;
5.Submitrequests for reimbursement to the State;
6.ReimburseSubcontractorfor work performed upon receipt of funds from the State;
7.Report on DWI Task Force performance to the Stateand Subcontractors.
B.Subcontractor may participate in any or all of the following enforcement periodsprovide
sufficient funds are available in the Subcontractor budget of this Agreement:
1.Memorial Day –May 22, 2018-June 4, 2018
th
2.July 4–June 28, 2018-July 15, 2018
3.Labor Day –August 17, 2018-September 3, 2018
C.Subcontractorwill be expected to assist Subgrantee in carryingout all performance
measures established in the Agreement.
D.Subcontractorwill be expected to submit all required reports to Subgrantee fully
completed with the most current information, and within the required times, as defined in
Page 1of 3
thisAgreement,and asrequired by TxDOT. This includes reporting to Subgranteeon
progress, achievements, and problems in post-operationalPerformance Reports and
attaching necessary supportingdocumentation forall costs claimed in requests for
reimbursement.
E.Subcontractor will be expected to attend Subgranteeand Stategrant management
training, when required.
F.Subcontractor will be expected to attend pre-and post-enforcement period meetings, and
all special meetings requested by the State.
G.Subcontractor will be expectedto support public information and education (PI&E)
activities. Salaries being claimed for PI&E activities must be included in the Agreement
budget.
H.Subcontractor must maintain proof ofall expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this Agreementand adhere
to the respective overtime policies established by Subcontractor.
I.Subcontractor will supply the following information,if applicable,to comply with local
fund match requirements under this Agreement:
1.RetirementAmount or Percentage
2.Workers Compensation Insurance Rate
3.Social Security TaxRate
4.Medicare TaxRate
5.Health InsuranceAmount or Percentage
6.Vehicle Mileage perShift
7.Indirect Cost Amount or Percentage
J.Subcontractor will ensure that all personnel participating during an enforcement period
complete a daily report form. The form should include at a minimum: name, date, badge
or identification number, starting and ending mileage, hours worked, type of citation
issued or arrestmade, officer and supervisor signatures. Personnel mustcomplete an
overtime approval formsigned by asupervisoror manager.
Page 2of 3
K.Subcontractor will be required to identify supervising personnelfor each shift being
worked during an enforcement period.
L.Subcontractor will ensure that no personnelabove the rank of Lieutenant(or equivalent
title) will be reimbursed for activities performed under this Agreement, unless the
participating agencyreceived specific written authorization from both Subgranteeand the
State, prior to incurring costs.
M.Reimbursement requestsshall includeall daily report forms,overtime approval forms,
and copies of CAD system shift reportsfor the shifts workedduring an enforcement
period.The reimbursement submission must be certified by the Subcontractor’sfinancial
officer. Failure to submit this information in a timely manner will hold up
reimbursements for all Subcontractors.
N.Subcontractor may work additional enforcement hours on holidays or special events not
covered under this Scope of Work. However, additional work must be approved in
writing by Subgranteeand the Stateprior to the enforcementhours being worked.
Additional hours must be reported in the Performance Report for the enforcementperiod
for which the additional hours were worked.
O.An enforcement shift shall be no longer than eight(8) hours.Shift length will be
determined prior to the shift. However, ifarelated DWI arrest is made during ashift, and
the arrest is not completed before the shift is scheduled to end, the Subcontractor
personnelcan continue working to complete that arrest.
P.Subcontractor should have a safety belt use policy. If Subcontractordoes not have a
safety belt use policy in place, a policy should be implemented, and a copy maintained
for verification during the period of this Agreement.
Q.Subcontractor personnel working under this Agreementmust be trained in the National
Highway Traffic Safety Administration/International Association of Chiefs of Police
Standardized Field Sobriety Testing.
R.Subcontractor should have a procedure in place for contacting and using drug recognition
expertswhen necessary.
S.Subcontractor will be expected to follow its own policies and procedures, as well as to
enforce and comply with all federal, state, and local laws and regulations.
Page 3of 3
Traffic Safety Program
Attachment B
Subcontractor Budget
Project Title: STEP Wave DWI
Name of Subcontractor: City of La Porte, Texas
Fiscal Year: 2018__________
(Round figures to nearest dollar)
Check here if this is a revised budget.Other/Program
Date Revised:
TxDOTState/LocalIncomeTOTAL
Budget Category I –Labor Costs
(100) Salaries
Overtime or Regular Time
Salary rates are estimated for budget purposes only.
Reimbursements will be based on actual costs per employee in
accordance with subcontractor’s payroll policy and salary rate.
List details (specify title, salary rate, and percent of time):
A.Officer/Deputy$4,000.00
$4,000.00
B.Sergeant$500.00
$500.00
C.Lieutenant$500.00
$500.00
D.Administrative Assistance
0
E.
0
F.
0
G.
0
H.
0
I.
0
J.
0
K.
0
Total Salaries................................................................$5,000.0000$5,000.00
(200) Fringe Benefits
List details (specify title and fringe rate):
A.Officer/Deputy$400.00
$400.00
B.Sergeant$50.00
$50.00
C.Lieutenant$50.00
$50.00
D.Administrative Assistance
0
E.
0
F.
0
G.
0
H.
0
I.
0
J.
0
K.
0
Total Fringe Benefits...................................................$500.000$500.00
$750.00$750.00
(300) Travel and Per Diem*........................................
Reimbursements will be in accordance with subcontractor’s travel
policy. Subcontractor must bill for actual travel expenses —not to
exceed the limits reimbursable under state law.
$5,000.00$1,250.000$6,250,00
I. Total Labor Costs (100 + 200 + 300).............................
Budget Category II –Other Direct Costs
(400) Equipment*.........................................................0
(500) Supplies*.............................................................0
0
(600) Contractual Services*........................................
(700) Other Miscellaneous*
A. Public Information & Education (PI&E) materials...
0
1.Educational items = $
(examples: brochures, bumper stickers, posters,
fliers, etc.)
2.Promotional items = $
(examples: key chains, magnets, pencils, pens,
mugs, etc.)
B. Other*........................................................................
0
Total Other Miscellaneous..........................................0000
0000
II. Total Other Direct Costs (400 + 500 + 600 + 700)......
Budget Category III –Indirect Costs
(800) Indirect Cost Rate* (at %)........................
0
Summary:
Total Labor Costs........................................................$5,000.00$1,250.000$6,250.00
0000
Total Other Direct Costs.............................................
Total Indirect Costs.....................................................0000
Grand Total (I + II + III)....................................
$5,000.00$1,250.000$6,250.00
Fund Sources(Percent Share)......................................
80%20%%
*Attach details.
CccccchhHH
Traffic Safety Program
Attachment C
Current Wage Rates and
Benefit Cost Percentages
Project Title: STEP Wave DWI
Name of Subcontractor: _________________City of La Porte, Texas___________________________________
Listcurrent personnel wage rates and benefit percentages:
Regular Hourly Wage Rates
CategoryRate(Do not round)
Police Officer/Deputy30.13
Sergeant39.17
Lieutenant 46.47
Administrative Assistancen/a
Benefit Cost Percentages
CategoryPercentage
(Enter “N/A” if benefit cost is not charged
in your jurisdiction)
Retirement16.28%
Social Security7.65%
Medicaidn/a (included in social security)
Worker’s Compensation4.36%
Unemployment Insurancen/a
Houston-Galveston Area Council Page 1 of 1 Consultant Agreement FY 2018
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 14, 2018
Source of Funds: ______N/A___________
Requested By: Richard Mancilla
Account Number: ______N/A__________
Department: Planning and Development
Amount Budgeted: _____N/A___________
Report: _ __Resolution: ____Ordinance: __
Amount Requested: ____N/A__________
Budgeted Item: YES NO
Exhibits:
1. Cover Letter
2. Pipeline Permit Application
3. Vicinity Map
4. Construction Drawings
5. Application Fee Receipt
SUMMARY & RECOMMENDATION
FLST LLC doing business as Lavaca LST LLC has made application with the City to construct of its 16
Ethane pipeline project within La Porte. The subject pipeline will transport e Mont
Belvieu area to a facility near I-45. The route through the City of La Porte is shown on the attached map, and
described in the permit application form.
Staff has reviewed FLST LLC plans for the 16
construction meets the requirements of the Cpresents no conflicts with existing water, sewer or
drainage facilities along its route.
Uponapproval of Council, staff will execute a construction permit to FLST LLC, doing business as Lavaca LST
LLC,in duplicate originals, one which shall be delivered to the permittee and one which shall be retained by the
City, as required by ordinance.
͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑
Action Required by Council:
Consider approval or other action authorizing staff to execute a Pipeline Permit to FLST LLC, doing business as
Lavaca LST LLC for the construction of a 16 Ethane pipeline within the City of La Porte.
______________________________________________________________________________________
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Czqfobnbu4;13qn-Efd22-3128
28.2:47
Proposed 16" Pipeline Across City of La Porte
Legend
´
City Limits
Pipelines
RailLines
Bayport Indistrial District
Battleground Industrail District
Emergency Shut-Off Valve
VIOLA
Proposed 16" Pipeline
Emergency Shut-Off Valve
EL
SAND
ER
JUNIP
N
NKNOW
U
0124Miles
Source: City of La Porte May 2018
Czqfobnbu4;15qn-Efd24-3128
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: June 11, 2018
Source of Funds: 033 015
Requested By: Don Pennell
Account Number: 033-7071-531-5120
Department: Public Works________________________
Account Number: 015-7070-530-5120
Report: Resolution: Ordinance:
Amount Budgeted: $745,000
Exhibit: Bid Tabulation
Amount Requested: $608,895
Exhibit: Vendor Access Report
Exhibit: Map and Resurfacing Plan
Budgeted Item: Yes
Exhibit: References for Hayden Paving
SUMMARY & RECOMMENDATION
Advertised, sealed bid proposals for La Porte Bid # 18012 FY 2018 Asphalt Overlay were opened and read on
April 3, 2018. Bid requests were advertised in the Bay Area Observer, posted on the City of La Porte website site
and Public Purchase with six (6) contractors returning bids. Streets indicated on the map were selected for overlay
using past and current assessment information.
Hayden Paving Inc. submitted the lowest bid in the amount of $494,450 for the Base Bid. Staff recommends that
the project be awarded to Hayden Paving Inc. in the amount of $494,450 with a total authorization of $608,895
which includes a 10% project contingency and $65,000 to conduct base repair and overlay of interior circulator
roads in the La Porte Cemetery.
Project Benefits, Liabilities, and Operating Cost:
Benefits:
The proposed project provides maintenance and rehabilitation of existing public facilities anticipated by
the residents with the street tax renewal.
Liabilities of Maintaining the Status Quo:
The scope and cost of the proposed work would likely increase if the proposed resurfacing work is
deferred for an extended period of time.
Operating Costs:
No new facilities will be added with this project.
Action Required of City Council:
Consider approval or other action authorizing the City Manager to execute a contract with Hayden Paving Inc.
for FY 2018 Asphalt Overlay in the amount of $494,450, plus a project contingency of $49,445 and $65,000 for
the improvements at the La Porte Cemetery.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 05-14-18
Source of Funds:
Requested By: Kenith Adcox
Account Number:
Department: Police
Amount Budgeted:
Report: Resolution: Ordinance:
Amount Requested: $94,108.53
Exhibits: Interlocal Agreement with LPISD for SRO Sergeant
Budgeted Item: YES NO
Interlocal Agreement with LPISD for SRO Sergeant
with Changes Highlighted
SUMMARY & RECOMMENDATION
On 4/23/18 City Council approved an Interlocal Agreement between the City of La Porte and the La Porte
Independent School District adding a sergeant to the School Resource Officer program. The cost of adding the
sergeant is to be paid for by the School District. While approving the agreement, City Council asked that language
be added making it clear that, in additional to reimbursing the City for the purchase of a new vehicle to be used
by the new SRO sergeant, the School Dis
maintenance, and insurance costs. This language has since been added to the agreement in question and approved
by the School District.
Action Required by Council:
Review and approve the amended Interlocal Agreement between the City of La Porte and the La Porte
Independent School District for an SRO Sergeant position.
Approved for City Council Agenda
Corby Alexander, City Manager Date
AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, this Agreement is made and entered into by and between the LA PORTE INDEPENDENT SCHOOL
TEXAS, a Texas municipal corporation,
WITNESETH:
authorize and direct one (1) CITY Patrol SergeantSERGEANTworking
time to the District Schools, and
WHEREAS, DISTRICT is willing to pay the CITY an agreed amount equal to the cost to the CITY for supplying
the additional law enforcement services, including salary and benefits, as detailed in Exhibit A, so as to enable PATROL
SERGEANT assigned by the CHIEF to provide those services;
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is
AGREED as follows:
The CITY agrees to authorize the CHIEF to assign a PATROL SERGEANT to provide law enforcement services
to DISTRICT by providing supervisory and administrative oversight to the existing school resource officers already
assigned to, and payed for by, the DISTRICT. As u
that the PATROL SERGEANT is required to work in any calendar year, including the time the PATROL SERGEANT
spends investigating crimes, the time the PATROL SERGEANT spends patrolling, the time the PATROL SERGEANT
spends doing administrative work required by his/her assignment, the time the PATROL SERGEANT is in court, leave
time taken by the PATROL SERGEANT, the time the PATROL SERGEANT is in required training, the time the PATROL
SERGEANT spends preparing reports and documents, the time the PATROL SERGEANT spends transporting persons
arrested or detained, and the time spent in any and all activities related to performing law enforcement services for the
not limited to said list.
II.
The DISTRICT agrees to pay to the CITY the sum of $114,980.48 f one (1)
PATROL SERGEANT to the DISTRICT, for the first year included in this agreement. The Base Amount is based on one
(1) PATROL SERGEANT working eight (8) hours each day for a total of 2080 hours per year, and shall serve as the basis
of compensation for the working time of PATROL SERGEANT. LPISD agrees that the PATROL SERGEANT is entitled
to time off benefits such as sick time, vacation and holidays provided by CITY to its employees and that those hours are
included in the above sum and will be paid by the LPISD. The DISTRICT agrees to pay the CITY for any additional hours
above 2080 hours worked in a one-year period that the DISTRICT requires of the PATROL SERGEANT to provide law
enforcement services to La Porte Schools in an amount equal to the pro-rata cost for additional hours calculated using Base
Amount for the contract year. Any additional hours to be performed by PATROL SERGEANT must be approved through
the CHIEF or his designee.
The Base Amount shall remain consistent for the first year, except as otherwise provided in this agreement, but said
Base Amount will increase to the sum of $117,542.18 for school year two (2), and further increase to $120,103.87 for school
year three (3), of this agreement. Said increases of the Base Amount shall include and incorporate the PATROL
pay raises for school year two (2) and school year three (3) under this agreement, as
indicated in the salary schedule of payment attached as Exhibit A and incorporated by reference for all purposes.
As detailed below, the DISTRICT further agrees that the Base Amount, and/or the increases to the Base Amount
for year two, and each year thereafter, as specified in the preceding paragraph and on Exhibit A to this agreement, may be
increased by a factor equal to Consumer Price Index Urban (CPI-U) increases or three (3) percent, whichever is greater.
The CITY shall notify the DISTRICT of any increases at least thirty (30) days prior to the effective date of the proposed
increase.
Starting with school year 2019-2020 the
billing. The Base Amount will be increased by a factor equal to the Consumer Price Index. Such factor will be an arithmetic
equation with the year of January 2019 of Consumer Price Index to all urban consumers being the numerator and the year
January 2018 of the Consumer Price Index to all consumers will be the denominator for the school year 2019-2020. For
the school year 2020-2021 the Base Amount will be billed amount from 2019-2020 increased by the Consumer Price Index
for all urban customers for January 2020 being the numerator and Consumer Price Index for all consumers for January 2019
being the denominator. The resulting quotient, if greater than 3% will be multiplied by the base to arrive at the current
billing amount. If the quotient is less than 3%, then 3% will be multiplied by the base amount to determine the amount to
be billed.
he DISTRICT agrees to pay to the CITY the one-
time sum of $3500.00 to for the cost of appropriately equipping a new PATROL SERGEANT,
including but not limited to uniforms, protective vest, and taser. Additionally, DISTRICT agrees to pay to CITY a one-
time sum of $42,700.00 to for the cost of purchasing an appropriately equipped marked patrol vehicle
s use in providing services to DISTRICT under this agreement. Said marked patrol vehicle
will be housed at a location designated by the DISTRICT, and agreed to by CITY, while not in use by the PATROL
SERGEANT. The
DISTRICT will, during the term of this contract: 1) pay the cost of fuel for and maintenance of the marked patrol vehicle,
each of which will be provided by the DISTRICT at its maintenance facility, and 2) reimburse the CITY for reasonable and
customary automobile insurance premiums associated with the marked patrol vehicle and any automobile insurance
deductibles in the event of a claim. CITY will provide documentation to DISTRICT to substantiate insurance premiums and
deductibles.
It is agreed by DISTRICT and CITY that the aforementioned equipment and patrol vehicle once acquired by CITY
will remain the property of CITY after termination of this agreement. The CITY agrees to issue the DISTRICT an invoice
for these one-time costs and the DISTRICT agrees to pay the invoice within thirty (30) days of the date of such invoice.
The CITY and the DISTRICT agree to work cooperatively to identify and provide for any additional equipment necessary
for the PATROL SERGEANT to provide the services pursuant to this contract prior to incurring such costs.
The CITY will provide to the DISTRICT an invoice, at the beginning of each semester, setting forth costs for
providing these additional law enforcement services as established in this agreement, to the DISTRICT. The DISTRICT
agrees to reimburse the CITY the cost as set forth in the invoice within thirty (30) days of the date of such invoices. If the
DISTRICT, for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify
the CITY of the dispute and request clarification and/or remedial action. The decision of the CITY regarding all disputes
involving the cost for providing the PATROL SERGEANT shall be final. Payment shall be made to the City of La Porte,
Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices sent by the CITY shall be
addressed to the La Porte Independent School District: Attention: Accounts Payable, Business Office, 1002 San Jacinto,
La Porte, TX 77571. Either party hereto may change its address for the purposes of this agreement by giving written notice
of such change in the manner provided for in this agreement.
III.
The term of this agreement shall be for each school year, as determined by the DISTRICT, commencing May 1,
2018, and ending on the final day of school in the year 2021, and shall include an option to extend this agreement for an
additional two (2) years, with the same terms and conditions, upon the express written approval of the CITY and the
DISTRICT. In the event that this agreement is extended for an additional two (2) years, DISTRICT agrees that the PATROL
SERGEANT position
It is expressly understood and agreed that the period or term of this agreement may be terminated with or without
notice by the CITY at any time after the DISTRICT has defaulted on any payment of any obligation hereunder. Further, it
is expressly understood and agreed that the period or term of this agreement may be terminated by the CITY or DISTRICT
for any reason with ninety (90) day written notice to the other party. Payments hereunder shall be pro-rated to effective
date of cancellation.
Any notice permitted or required to be given in this section to the DISTRICT shall be given by registered or certified
United States, mail, postage prepaid, return receipt requests, and addressed to the DISTRICT at 1002 San Jacinto, La Porte,
Texas 77571.
Any notice permitted or required to be given in this section to the CITY shall be given by registered or certified
United States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: City Manager, at 604
West Fairmont Parkway, La Porte, Texas 77571.
IV.
t is expressly understood and agreed
that any PATROL SERGEANT assigned to work at the DISTRICT shall be subject to the exclusive control and supervision
of the CHIEF and to the same extent as all other PATROL SERGEANTS, and shall have no duty or obligation to the
DISTRICT other than those duties or obligations which the PATROL SERGEANT would have to the public generally, to
enforce state laws and CITY ordinances, specifically, PATROL SERGEANT shall not be required to enforce DISTRICT
rules and regulations. The CHIEF shall set the working times (hours and days) for the PATROL SERGEANT after
consulting with a designated agent of the DISTRICT.
V.
It is expressly agreed and understood between the DISTRICT and the CITY, that if, in the opinion of the CHIEF, it
is necessary to use the PATROL SERGEANT assigned to carry out this agreement for other duties due to an emergency, or
other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL
SERGEANT to comply with the agreement. It is, however understood by both the CITY and the DISTRICT that the
DISTRICT will be credited on a pro-rata basis for the charges hereunder if a PATROL SERGEANT is temporarily assigned
to other duties at the direction of the CHIEF.
VI.
Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of
performance hereunder, and that employees of the CITY are in no way to be considered employees of the DISTRICT.
VII.
Should any litigation be commend between the parties hereto concerning this agreement, or the rights and duties of
either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may
ed
so as to limit or waive the sovereign immunity of either the CITY or the DISTRICT.
VIII.
This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations
of the parties hereunder shall be performed in Harris County, Texas.
IX.
If any one or more of the provisions contained in this agreement shall for any reason 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.
X.
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding
of written or oral agreements between the parties respecting the subject matter within.
XI.
No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated
subsequent to the date hereof, and duly executed by both parties.
XII.
Neither party to this agreement may assign their rights, duties, or interest without first obtaining written consent of
the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment
without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the option
of either party, terminate this agreement.
IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this agreement effective on this
________day of ____________________________, 2018.
CITY OF LA PORTE, TEXAS
By:
Corby Alexander
City Manager
ATTEST:
By:
Patrice Fogarty
City Secretary
APPROVED:
By:
Clark T. Askins
Assistant City Attorney
LA PORTE INDPEENDENT
SCHOOL DISTRICT
By:
Superintendent, Lloyd Graham
By:
President, Dee Anne Thomson
Board of Trustees
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Item 2 Chipco Top Choice 50 lb. bags 100 Bag
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Item 3 Touch Down 2.5 gal 20 Containers
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Item 4 Revolver 87 oz. 20 Containers
containers
Item 5 Surflan 2.5 gal 20 Containers
containers
Item 6 IIIoxan 1 gal 4 Gal
containers
Item 7 Celcius 10 oz. 8 Bottles
bottles
Item 8 Kerb SC 3 lb. 60 Packages
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Item 9 Monument 25 gram 10 package
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Item 2 Banol 1 gal 10 Gal
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Item 3 Daconil Weather 2.5 gal 4 Containers
Stik containers
Item 4 Subdue MAXX 1 gal 4 Gal
containers
Item 5 Fore 80 WP Lb 200 Lb
Rainshield
Item 6 Rubigan A.S. 1 gal 10 Gal
containers
Item 7 T-Methyl2.5 gal 4 Containers
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Item 8 Heritage 1 lb 8 Lb
containers
Item 9 Junction 6 lb 12 Containers
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Promate lake 1 gal 25 Gal
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Page Ќ of Ќ
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriations
Agenda Date Requested: May 14, 2018
Source of Funds: N/A
Requested By: Ian Clowes
Account Number: N/A
Department: Planning and Development
Amount Budgeted: N/A
Report: __ __Resolution: _____Ordinance: _X___
Amount Requested: N/A
Exhibits: Ordinance
Deed
Budgeted Item: N/A
Appraisal Summary
Area Map
______________________________________________________________________________
SUMMARY & RECOMMENDATION
The City has received and processed an application from Mr. Hachim Farhat to vacate, abandon
th
and close a portion of the N. 15 St. ROW and alley, adjacent to the property located
th
on N. 16 St. and described as lots 1-32, Block 651, Town of La Porte. Total area of the requested
closure equals 30,400 square feet.
franchised utilities exist within the closing area.
In accordance with Sections 62-
alley has been obtained by the City in order to establish fair market value. The appraisal report
has established a value of $0.75 per square foot for the subject right-of-way. The city is also in
the process of obtaining a 0.315 acre tract of land, currently owned by the applicant, for future
drainage channel improvements. The value of this land, also appraised at $0.75 per square foot,
has been deducted from the final purchase price of the proposed street and alley closure. After
the deduction, closing fees in the amount of $12,496 ($22,800 - $10,304) have been paid by the
applicant and placed in escrow pending final consideration and action by Council.
Action Required by Council:
Consider approval of an ordinance or other action vacating, abandoning, and closing a portion of
th
the N. 15 St. ROW and alley, adjacent to lots 1-32, Block 651, Town of La Porte, and authorize
the City Manager to execute a deed to the applicant for the subject ROW.
Approved for City Council Agenda
_______________________________ _______________________
Corby D. Alexander, City Manager Date
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: May ____, 2018
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: VANEZIA PROPERTIES, L.L.C., a Texas Limited Liability Company
Mailing Address: 4402 W. Sam Houston Pkwy. N, Houston, TX. 77041
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
A portion of North 15th Street, between Tyler Street and West Madison Street, Town of
La Porte, Harris County, Texas, according to the plat as recorded in Volume 58, Page 462,
Harris County deed records;
Beginning at the intersection of the east right-of-way line of North 15th Street and the north
right-of-way line of Tyler Street;
THENCE west 60.00 feet to the intersection of the north right-of-way line of Tyler Street
and the west right-of-way line of North 15th Street;
THENCE north 400.00 feet along the west right-of-way line of North 15th Street to the
northwest corner of this tract on the south right-of-way line of West Madison Street;
THENCE east 60.00 feet to the northeast corner of this tract located at the intersection of
the south right-of-way line of West Madison Street and the east right-of-way line of North
15th Street;
THENCE south, along the east right-of-way line of North 15th Street, a distance of 400.00
feet to the point of beginning and containing 24,000 square feet or 0.5510 acre of land,
which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2018-
_______ passed and approved by the City Council of the City of La Porte on the ______ day
of May, 2018.
͵
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject
to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the above described property as reflected
by the records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance,
conveys to Grantee the property without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are
excluded.
Attest: City of La Porte, Texas
__________________________________ By:_______________________________
Patrice Fogarty Corby D. Alexander
City Secretary City Manager
Approved:
____________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of May, 2018, by Corby D.
Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: May ____, 2018
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: VANEZIA PROPERTIES, L.L.C., a Texas Limited Liability Company
Mailing Address: 4402 W. Sam Houston Pkwy. N, Houston, TX. 77041
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
A 16 foot wide alley across Block 651, Town of La Porte, Harris County, Texas, according
to the plat as recorded in Volume 58, Page 462, Harris County deed records, said alley
adjoined on the south by Tyler Street and adjoined on the north by West Madison street;
BEGINNING at the southwest corner of Lot 17, Block 651, City of La Porte located at the
intersection of the north right-of-way line of said Tyler Street and the east line of said alley
and being the southeast corner of this tract;
THENCE west, along the north line of said Tyler Street, a distance of 16.00 feet to the
southwest corner of this tract located at the intersection of the north right-of-way line of
Tyler Street and the west line of said alley and being the southeast corner of Lot 16 of said
Block 651;
THENCE north, along the west line of said alley, a distance of 400.00 feet to the northeast
corner of Lot 1 of said Block 651 located at the intersection of the west line of said alley
and the south right-of-way line of West Madison Street and being the northwest corner of
this tract;
THENCE east, along the south right-of-way line of West Madison Street, a distance of
16.00 feet to the northwest corner of Lot 32 of said Block 651, located at the intersection
of the south right-of-way line of West Madison Street and the east line of said alley and
being the northeast corner of this tract;
THENCE south, along the east line of said alley, a distance of 400.00 feet to the point of
beginning and containing 6,400 square feet or 0.1469 acre of land, which tract was vacated,
abandoned and closed by City of La Porte Ordinance No. 2018-_______ passed and
approved by the City Council of the City of La Porte on the ______ day of May, 2018.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject
to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the above described property as reflected
by the records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance,
conveys to Grantee the property without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are
excluded.
Attest: City of La Porte, Texas
__________________________________ By:______________________________
Patrice Fogarty Corby D. Alexander
City Secretary City Manager
Approved:
____________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of May, 2018, by Corby D.
Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL
Date: May ___, 2018
Grantor: VANEZIA PROPERTIES, L.L.C., a Texas Limited Liability Company
Address: 4402 W. Sam Houston Pkwy. N., Houston, Texas 77041
Grantee: CITY OF LA PORTE, TEXAS, a municipal corporation
Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable
consideration
Property:
A 0.3154 acre tract of land at the northeast corner of Block 651, Town of La
Porte, Harris County, Texas, according to the plat as recorded in Volume 58, Page
462, Harris County Deed Records:
located at the intersection of the south line of West Madison Stre
th
the west line of North 14
THENCE south, along the east line of said Block 651 and the West line of said
th
North 14
south corner of this tract;
this tract located on the north line of said Block 652 and the south line of said
West Madison Street;
THENCE east, along the north line of said Block 651 and the South line of said
West Madison Street, a distance of 114.00 feet to the point of beginning and
containing 13,737 square feet or 0.3154 acre of land.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject
to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, application to enforcement against the above described property as reflected
by the records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance
and warrant, grant, sell, and convey to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and
Granto heirs, executors, administrators, and successors to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty.
VANEZIA PROPERTIES, L.L.C.
By:
___________________________________________
HICHAM FARHAT, President of
VANEZIA PROPERTIES, L.L.C.
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the _________ day of _______________,
2018 by HICHAM FARHAT, President of VANEZIA PROPERTIES, L.L.C.
______________________________________
Notary Public, State of Texas
ACCEPTED BY:
CITY OF LA PORTE, TEXAS
_________________________________________________
By: Corby Alexander, City Manager, City of La Porte, Texas
R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
January 5, 2017
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Restricted Appraisal regarding the estimated Market Value of three (3)
tracts out of portions of Block 651, and portion of North 15th Street,
Town of La Porte, Harris County, Texas.
Dear Sirs:
In accordance with your request, I have inspected the following described
property for the purpose of estimating the Market Value following described
property as of the date of this Restricted Appraisal. As per our agreement, the
data and analysis is presented in an abbreviated Restricted Appraisal format
and is not intended to contain the full analysis.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as three (3) tracts consisting of a 24,000 square foot portion out of the
5th Street right of way adjacent to Block 651, a 6,400 square foot alleyway out
of Block 651, and a 30,400 square foot tract out of the easterly 76 feet of Block
651, Town of La Porte, Harris County, Texas. (See survey as provided).
I hereby certify that I have personally inspected the property described via a
street inspection and that all data gathered by my investigation is from
sources believed reliable and true. In preparing this Restricted Appraisal, a
study of comparable sales and other related market data was performed.
.....Page 2 Continued......
It should clearly be understood that this letter only constitutes only a
statement of the final value and that does not presume to be the complete
analysis of the subject property nor a complete appraisal format and is subject
to the preparation of a detailed appraisal report.
Sales of generally similar properties in the subject neighborhood were
researched that had locations that range from primary to secondary type
roadways. The subject's general market area generally has access public
utilities however the subject parcels may not have direct access to utilities to
their boundaries. There are three (3) individual parcels which are the subject
of this analysis. All of these tracts are rectangular shaped tracts. These parcels
consist of a portion of the 15th Street right of way which contains 24,000
square feet (60' X 400'). The 16 foot alleyway contains 6,400 square feet (16' X
400') and the easterly portion of Block 651 contains 30,400 square feet (76' X
400'). Block 651 is bordered by West Madison Street, North 14th Street, Tyler
Street and 15th Street North. The subject parcels do not appear to have access
via paved streets at the present time. The parcels appear to be at least
partially affected by its proximity to an open drainage ditch. Additionally the
parcels appear to be located in the 100 year flood plain and may be all or at
least partially located in the floodway per the Harris County Appraisal District
data. The survey provided did not delineate the floodway areas. The Highest
and Best Use of the subject property is determined to be for use a street right
of way or for use by adjacent property owners due to its configuration.
Adjacent properties uses include vacant land and small light industrial uses.
The client and intended user of this appraisal is the City of La Porte only. The
intended use is to estimate the current market value of the subject property of
this analysis as described above for use in establishing a market value for the
subject property by the client and intended user only. There has been no
transfer of the subject property noted for the past 36 months per appraisal
district records. The effective date of the appraisal and inspection is December
15, 2017. The date of the report is January 5, 2018. The estimated exposure
time is up to 24 months.
A unit value range of between $1.00 PSF to $3.00 PSF was noted from the
comparable lot sales before any adjustments were made. All of the comparable
lot sales were unimproved or effectively unimproved lots with existing road
frontage and access on paved public streets which were generally superior to
the subject tract. After adjustments, it is my opinion the estimated unit value
range for the subject property would be between $0.50 PSF to $1.00 PSF with
an estimated mid-range value of $0.75 PSF before any additional discounting
by the City.
.....Page 3 Continued......
Therefore the unit market value of the subject tract is estimated at $0.75 PSF
which is based on 100% fee simple ownership with no discounting
applied.
The following is a summary of values for these parcels before any discounting
is applied.
SF X $0.75 PSF = $1,0
6,400 SF X $0.75 PSF = $4,800
,00 SF X $0.75 PSF = $,00
Respectfully Submitted,
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES , INC.
AREA MAP
N. 15th St and Alley
Area to be obtained by City
Block 651
Land Swap and
Purchase
Legend
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 140 feet
APRIL 2018
PLANNING DEPARTMENT
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: May 14, 2018
Source of Funds: 037 (HOT)
Requested By: Jason B. Weeks
Account Number: 037-6063-565-2075
Department: CMO
Amount Budgeted: $25,000
Report: Resolution: Ordinance:
Amount Requested: $10,000
Exhibit: Houston Yacht Club Request Letter
Budgeted Item: YES NO
Exhibit: HYC Presentation
SUMMARY & RECOMMENDATION
The Houston Yacht Club will be hosting the 2018 United States Laser National Championships. Close to 160
young men and women sailors at the Houston Yacht Club will compete single-handed in 4 days of racing for the
The event is
scheduled for June 30 through July 3, 2018. Many of the racers will travel to La Porte from across the United
States and the globe as they head toward Corpus Christi for the mid-July Youth Worlds races.
The City of La Porte continues to partner with the Houston Yacht Club on numerous regatta events. These racers
and their coaches and families will occupy La Porte hotels and restaurants. If 75% of the racers are from outside
of the Houston area, the HYC has projected that would mean at least 120 competitors plus coaches and family
will be needing hotel rooms for 5-6 days.
Historically, the City has partnered with HYC on various regatta sponsorships ($10,000 in 2017, $10,000 in 2016
and various $500 in 2015 & 2014). The City has budgeted $25,000 for sponsorships in the Hotel/Motel Fund.
Earlier this fiscal year, the City of La Porte provided for a sponsorship for the Hood Regatta at the HYC in the
amount of $2,500. Should the Council desire to participate as a sponsor for the 2018 US Laser National
Championship event, there are funds available to fund this sponsorship in the current FY18 budget.
A member of the Houston Yacht Club will be at the meeting to make a presentation to the Council.
Action Required by Council:
Discussion and possible action regarding the participation as a sponsor for the 2018 United States Laser
National Championships held at the Houston Yacht Club.
Approved for City Council Agenda
Corby Alexander, City Manager Date
US NATIONAL CHAMPIONSHIPS &
JUNE 30 -JULY 3rd, 2018
INTERNATIONAL LASER
CLASS ASSOCIATION
NORTH AMERICAN
REGION
Regatta Title and Dates
The Houston Yacht Club is pleased to be hosting the U. S. Laser National
Championships June 30 -July 3, 2018. We are expecting close to 160 young men
and women sailors at HYC to compete single-handed in 4 days of racing for the
U.S. National Trophy and U.S. Sailing Singlehanded Men's and Women's
Championships
Divisions
Laser, Laser Radial, and Laser 4.7
June 30 July 3rd, 2018
Houston Yacht Club, La Porte, TX
US Laser National Championship 20182
Tentative Schedule
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1200 Registration and Measurement 1100 First warning signal, races to follow
opens for competitors, coaches, and
1800 Following races Regatta
support boats
Banquet/Mexican Food
1800 Registration Closes
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1100 First warning signal, races to follow
0800 Registration, Measurement
1800 Following races, BBQ Dinner
0900 Registration Closes
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0930 Skippers meeting
1100 First warning signal, races to follow
1100 First warning signal, races to follow
Awards ceremony to follow immediately
1800 Following races Social Party with after racing with Appetizers
Heavy Appetizers.
No warning signal will be made after 1600
on the final day of the regatta
US Laser National Championship 20183
Regatta Chair and Committee
Regatta ChairPrincipal Race Officers
Darren RoseJim Tichenor
Sandra BaldridgeBilly Richnow (Deputy Race
Officer)
Regatta Committee
Chief Judge
Ann Graham (Food and Beverage)
Tony Nunes
Jim Orchid (Social events)
Madonna Breen (Registration)Measurement
Derek Beck (RC / Logistics)2018 Measurer
Debbie Cardenas (Land Logistics)
US Laser National Championship 20184
What will the event bring
Many of these racers will travel to La Porte from across the United
States and the globe before heading to the Youth Worlds in Corpus
Christi in mid-July. We currently have interest being shown in
attending by sailors from the British Virgin Islands, Australia, New
Zealand, the United Kingdom, South America and Europe. These
racers, their coaches and families will enjoy all that La Porte has to
offer in hotels, restaurantsand shopping.
We anticipate that 75% of the racers will come from outside the
Houston area, meaning that at least 120 competitors plus coaches
and family will need hotel rooms for 5-6 days or approximately 900
hotel room nights.
We are hoping that many of the families will extend their stay to
vacation in our area over the national holiday.
US Laser National Championship 20185
Your Support
We request your financial support in the amount of $10,000 as we prepare to
host this important event. Your financial sponsorship of the U.S. Laser National
Championships will assist us in providing race committee necessities:
Fuel for Signal, Mark Set, Safety, Coach and spectator boats
Ice and Drinking water for the sailors. This regatta is an environmentally friendly regatta.
Therefore no plastic water bottles allowed on the water. Water will be in 5 -10 gallon coolers
and on the water for sailors to use their reusable water bottles.
Energy snacks, quench drinks and ice for when the racers come off the water.
First aid station for injuries such as blisters, minor cuts and scrapes, and overheating
Trophies
Signal and coach flags
Tent for racer talks
Meals for the racers
Entertainment for the racers and their families
US Laser National Championship 20186
City of La Porte Recognition
We will be pleased to recognize the City of La Porte as a major
On our website
In our printed media
In the Regatta Program
In our sponsor recognition display at HYC
On the electronic application that will be utilized by all of the racers on their
smart phones for score checks and other important information
We will on the
Website, printed media and regatta program.
US Laser National Championship 20187
In Closing
We thank you for letting us meet with you
today and appreciate your consideration in
this Sponsorship
US Laser National Championship 20188
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 14, 2018
Source of Funds: N/A
Requested By: Jason B. Weeks, Assistant City Manager
Account Number: N/A
Department: Administration
Amount Budgeted: N/A
Report Resolution: Ordinance:
Amount Requested: N/A
Exhibit: 1. iChoosr Presentation 5. Side-Letter Agreement (redline)
Budgeted Item: YES NO
2. Agreement (redline) 6. Side-Letter Agreement (final)
3. Agreement (final) 7. City of Fate Survey Program I
4. Town & City Sept 2017 8. City of Fate Survey Program II
SUMMARY & RECOMMENDATION
Back in November of last year when I secured a home here in La Porte, I knew I needed to plan to have my electricity
turned on prior to moving in; therefore, I began searching the Power to Choose website ran by the Texas PUC and
narrowed down electric providers that had low rates. Once I identified the provider with the lowest rate, I reviewed their
companies Electricity Facts Label (EFL) document for a complete itemization of the electricity rates and disclosures. For
tinued to use the same electricity provider, are uneducated at how to search
for low rate contracts, or they are not fully aware of their right to choose their electricity provider. Over the past month,
staff has worked with iChoosr, LLC on a new program that allows residents to take advantage of aggregate electricity
power purchasing.
One of the major expenses to a La Porte resident is their electricity bill. With summer quickly approaching and the
thought of the hot summer months, a La Porte resident can begin to struggle to balance their monthly cost of living while
providing relief from the humid summer heat. The La Porte, which
is provided by iChoosr, LLC that allows residents in La Porte a viable way to switch electricity providers at no direct cost
to the city.
iChoosr, LLC is a fairly new company to the United States. Their services have been very successful in areas of Europe,
where aggregate electricity power is common. Last year they ran two successful programs in the cities of Waco and Fate
(see the attached article from the Texas Town & City magazine from last November). In 2018, their services have
expanded to Dickinson, Wilmer and Seadrift, as well as continued services with Waco and Fate. Agreements with
Richland Hills, Webster and Lake Dallas are being finalized for the same period that they are requesting for La Porte. As
nd
f their 2
year term and had a great first year that allowed hundreds of dollars of savings to their residents.
Currently, iChoosr offers two times a year for residents to participate in this program. iChoosr uses the group buying
power to save resident
to drive the cost per kilowatt hour to the lowest cost possible. iChoosr would partner with the City of La Porte to offer its
endorsement which gives our residents the confidence to switch providers. The City and iChoosr jointly promotes the
program, while iChoosr provides customer service, provider management, auction, platform & project management. The
initial implementation will take minimal staff time and the communication process will be centered around website, social
media, comments on utility bills as well as direct flyers in the utility bills which will be paid for at the expense of iChoosr.
We would partner with others within the community such
local news media with articles that promote the new program. iChoosr would extend this offer to our neighboring
communities if those residents wanted to be a part of this program too.
There are several exhibits attached to this agenda request:
A PowerPoint Presentation that will be given by iChoosr representative.
An Agreement (redline), which has been reviewed by the City Attorney as well as a final Agreement, which has
been revised to include the
A Side-
-
information, the data needed for the obligations. The only item unknown at this time is the specific dates for the
Spring-Summer 2019 program, so those items have been highlighted in yellow. Staff would be looking for
direction on any other item included in the side agreement.
Texas Town & City Magazine article from September 2017.
City of Fate Power to Switch Survey for their first program.
City of Fate Power to Switch Executive Summary Survey for their second program.
By the City of La Porte participating in thi
provided to the residents allows them to use these funds to stimulate the local economy.
Action Required by Council:
Discussion and possible action regarding authorizing the City Manager to enter into agreement and side-letter agreement
with iChoosr, LLC regarding the City sponsoring an opt-in electricity power aggregation auction for the benefit of City of
La Porte residents.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Group Energy Switching for
residential consumers in partnership
with Local Government
Who is iChoosr?
iChoosris a 75+ employee company with offices in
Amsterdam, Antwerp, London, Houston and soon in
Japan
Since 2008 we have saved over a 1.7 million Belgian,
Dutch, British and Texas households
Last year we ran two successful programs in the cities of
Waco and Fate. We started the March 2018 campaign
with Waco, Fate, Dickinson, Wilmer and Seadrift.
Richland Hills, Webster and Lake Dallas will be joining
us in the July round.
iChoosrhosts an Electrical Aggregate for residents in
cities across Texas
We use Group Buying Power to save residents within a city
$300-450 dollars annually on their energy bill
Residents are offered an easy to understand competitive
and fair rate, without obligation to take it
The community benefits from this positive service, while
accumulated savings stay in the local economy
iChoosrhas aTexasbroker registration with PUCT
(#80419)
Why consumers currently pay
High electricity prices place a burden on household
budgets
Deregulation has given consumers choice, but many are
not aware that they can change or do not act
Consumers find energy complex. Many providers have
tiered rates with penalties that are confusing
Additional fees are hidden which can cause high bills
gimmicks
pay $1,930 / year
pay $1,561 / year
Electricity Facts Label (EFL)
Tiered pricing means
you need a spreadsheet
just to figure out what
you would pay.
Power companies use
all sorts of terms to
describe charges and
fees to keep the client
confused and they count
on customers to avoid
the fine print.
An example might be the
potential termination fee
of a whopping $200.
Power to Choose (Not a great choice)
The way
these
rates are
listed are
deceiving
How do we address these problems?
1.iChoosrworks with providers that offer an easy to
understand rate structure (no usage based complex
price tiers and low early termination fees)
2.We will provide an affordable and fair energy deal for
3.Easy to understand language and completely
transparent
4.We vet and select providers
5.iChoosrpartners with the City to offer its endorsement
which gives their residents the confidence to switch
Project cycle is 2-3 months
Decision
Close out &
Education & Auction
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support
Registration ΛЊ 5ğǤΜ
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Who does what?
The City and iChoosr jointly promote the program
iChoosrdoes the rest: customer service, provider
management, auction, platform & project management
Benefits totheCity
residents. A positive service that offers an
opportunity for them to save money.
This is money that will stay in the local
economy.
Little obligation from the city and zero liability.
Aggregatedresultsfromourfirst two
Programs
Registrations:1,816
Switchers:584 (32%)
Average savings per household:$350
Savings that stay in local economy:$203,000
Winning providers:Discount Power &
Champion Energy
Examplesof Communication Channelsforpromoting
thecampaign
Communication approach for Texas cities that works:
Utility bill insert
Use City Social Media (ex. Facebook, Twitter etc.)
Bulk letter/postcard
Partner with local Chambers of Commerce and
Getting local press involved
Work with local media (ex. TV, Newspapers Local
Radio Stations)
Promoting Home Website
Example
Your City logo
Your slogan
Your City
photo spread
Survey results?
70% indicated they have not switched in the last 3
years
78% indicated they switched because of the
potential savings
81% of residents think it is a good idea for the
City to help residents save money ontheir
electric bills
78% think the City should organize more of these
programs
Planning 2018: A switch window of 8 consecutive
months
TPS-3
Registration: Monday March 5 Monday April 16
Auction:Tuesday April 17
Decision:Monday April 30 Tuesday May 22
Switch window:Monday April 30 Friday August 31
TPS-4
Registration:Monday July 9 -Monday August 20
Auction: Tuesday August 21
Decision:Tuesday September 4 Tuesday September 25
Switch window:Tuesday September 4 Monday December 31
Whatdo residentsthink?
advocating for residents of Waco and producing a
Luke from Waco says: "We were very blessed by the Waco
Power Share program. Not only was it easy, but we were
able to get a rate that was HALF of what we were paying
Linda from Waco says: "In the five months we lived here
power bills ran as high as $400. For a month. Our last bill
with the switch was $79.00. We really like the weekly
Localpresslikesittoo
AGREEMENT
CITY OF <CITY NAME>, TEXAS and ICHOOSR, LLC
) is made and entered into and effective on this <date>, 2018 Effective
) by and between the City of <City name>, Texas the CITY), with its city hall at <City address> and
iChoosr, LLC ICHOOSR), collectively (the 251 Little Falls
Drive, Wilmington, DE 19808, iChoosr LLC is registered as a Class I aggregator under 16 Tex. Admin. Code §
25.111 at the Public Utility Commission of Texas under number #80419.
WHEREAS, the Parties wish to enter into this Agreement for the principal purpose of providing the
Residents of the CITY with group purchasing power in the procurement of retail energy (electricity and/or gas)
services;
WHEREAS, the Parties intend to solicit Residents registration and participation in the Program,
whereupon ICHOOSR will arrange a competitive bidding process of retail energy suppliers to procure
competitive electricity rates for participating Residents;
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and approved, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1 DEFINITIONS
1. Definitions. In this Agreement and its recitals, except where the context otherwise requires, the following
words shall have the meanings set forth below:
(a) Affiliate shall mean any subsidiary or holding company, including any subsidiary of any such
holding company, of ICHOOSR.
(b) S shall mean the service that receives and responds to questions and issues raised
by Residents interested in the Program and Participants, through email, chat or phone calls.
(c) Intellectual Property shall mean all software, technology platforms, websites, databases and other
content, business processes, domain names and registrations, and patent, trademark, and copyright
registrations and applications thereof owned by a Party as of the Effective Date of this Agreement.
(g) are Residents who register and participate in the Program.
(h) Program shall mean a group buying program with the principal purpose
of providing Residents with group purchasing power in the procurement of retail energy services. A
program has 4 phases: (a) Registration, (d) Auction, (c) Decision and (d) Close out.
(i) Residents shall mean residents, living inside or outside of the administrative area of the CITY, who
receive residential retail energy from their current electric service provider and are eligible to switch
supplier.
Agreement
City of <City>/iChoosr Page 1
(j) Residential Customer Agreement shall mean the agreement between the prevailing retail energy
supplier and the Participant, which commences after the successful enrollment of the Participant with
the prevailing retail energy supplier(s).
(k) Resident Data shall mean information regarding or relating to Residents, including Personal Data
and Energy Data that is submitted by the CITY to ICHOOSR subject to the provisions of the Texas
Public Information Act.
(l) shall mean a separate agreement to agree on the activities that both parties
will undertake to promote the program, to be signed by the a City official who has the authority to
update the marketing and communication efforts for each individual Program.
(m)Successfully Switched Participant shall mean a Participant who has successfully switched and is
accepted and enrolled by the prevailing retail energy supplier and executes a Residential Customer
Agreement with the prevailing retail energy supplier.
(n) shall mean information regarding or relating to Participants, including Personal Data
and Energy Data that is submitted by Participants on the website of ICHOOSR, or submitted initially
to a link on the CITY Customer Service of ICHOOSR.
Agreement
City of <City>/iChoosr Page 2
ARTICLE 2 OBLIGATIONS OF THE PARTIES
2. Obligations of the Parties.
2.1. ICHOOSR. ICHOOSR shall:
2.1.1. Provide the CITY with webpages including the CITY
platform to facilitate registration, auction and switching of Residents;
2.1.2. Set out information for Residents within its website about the Program including the fact
that participation is free and provides them with no obligation to accept any recommended retail
energy supplier(s), including Information pages and a Frequently Asked Questions section;
2.1.3. Subject to relevant electricity laws and regulations, arrange for a competitive bidding
process for a retail energy contract of at least one year. ICHOOSR will decide on the type of supply
contract;
2.1.4. Arrange for a solicitation for retail energy suppliers for the purpose of providing retail
energy services to participating Participant, while not guaranteeing that the solicitation will result
in a market-leading offer;
2.1.5. Provide Customer Service for the Program;
2.1.6. Provide daily reports, dealing with the number of participants in the Program and the
number of people who have confirmed that they wish to switch to the prevailing retail energy
supplier(s). Such reports to be electronically accessible to the CITY.
2.1.7. Provide the option to carry out surveys among Residents or any sample thereof that it
selects in order to obtain Residents' views in connection with the Program.
2.1.8. Obtain the CITYmarketing communications before posting,
publishing or distributing such communications;
2.1.9. Provide a minimum of two Programs a calendar year for the CITY.
Agreement
City of <City>/iChoosr Page 3
2.2. THE CITY Obligations. THE CITY shall:
2.2.1. Actively promote the Program via agreed marketing and communication efforts, as set out
in the Side Letter Agreement.
2.2.2. Promote the Program prominently on the home page of the throughout
the term of the Program;
2.2.3. Include information regarding the Program on the page, briefly explaining the
Program and providing a hyperlink to the CITY on the Texas Power Switch
platform, by using unique URL which are provided to the CITY by ICHOOSR for tracking
purposes;
2.2.4. Obtain ICHOOSR approval for all marketing and other communications before
posting, publishing, transmitting or distributing such communications in any way.
2.2.5. Host and promote a minimum of two Programs a calendar year with ICHOOSR.
ARTICLE 3 TERM
Subject to Section 4 below, this Agreement shall commence on Effective Date and shall continue for a period of
one (1) year from the Effective Date (primary term) unless and shall be extended automatically for a period of
one (1) year (renewal term) unless one of the Parties terminates the Agreement by providing advance written
notice at least hundred-eighty (180) thirty (30) days prior to the end of the Agreement primary term, or otherwise
terminated in accordance with 4.1 and 4.2.
ARTICLE 4 TERMINATION
4.1. This Agreement may be terminated by either Party by giving the non-terminating Party at least one
hundred-eighty (180) days advance .
4.2. If either Party in their sole discretion determines that the Program has not performed
expectations, the Parties shall discuss the reasons for the underperformance of the Program as well as
possible remedies to allow for continuation of the Program(s) during the Program Evaluation. If after such
meeting either Party determines, after good faith negotiations, that there are no solutions available to
alleviate the reason(s) for underperformance, the Agreement will terminate.
4.3 If the CITY terminates the Agreement or if the Agreement expires, Participants, will be given the
opportunity to participate in future Texas Power Switch programs provided by ICHOOSR. No reference
will be made to the CITY in the content of these webpages and the logo of the CITY will not be shown.
Agreement
City of <City>/iChoosr Page 4
ARTICLE 5 SERVICES
5. Services.
5.1. For the duration of the Term term of this Agreement the CITY undertakes to perform the CITY
Obligations.
5.2. For the duration of the term of this Agreement ICHOOSR undertakes to perform ICHOOSR
Obligations.
5.3. For the term of the any applicable Residential Customer Agreement, the CITY shall not, without
the prior written consent of ICHOOSR, directly contact by email, letter or telephone anyone who
has entered into a Residential Customer Agreement with the prevailing retail energy supplier in an
attempt to persuade that person to switch their gas and/ or electricity services to an alternative
supplier.
ARTICLE 6 RELATIONSHIP OF THE PARTIES
The parties acknowledge and agree that neither Party is the agent or employee of the other, and nothing in this
Agreement shall be construed to the create a relationship between the CITY and ICHOOSR of a partnership,
association, or joint venture, and neither Party shall hold itself out as an agent or partner of the other Party. The
Parties recognize and agree that the CITY will not perform any function not legally permitted by state or federal
law or the rules and regulations established by any applicable governing authority.
ARTICLE 7 INTELLECTUAL PROPERTY
7. Intellectual Property.
7.1. The Parties agree that any Intellectual Property belonging to a Party on the Effective Date of this
Agreement shall remain the legal and beneficial property of that Party during the Term term of this
Agreement and following termination or expiry of this Agreement. It is not permitted for Parties to use,
copy or share any Intellectual Property with any third party without written consent of the Party to whom
the Intellectual Property belongs, neither during nor after the termination if of this Agreement.
7.2. ICHOOSR hereby grants to the CITY a non-exclusive, non-transferable, royalty free, world-wide
licence license (including the right to grant sub-licences licenses to employees of the CITY), for the Term
term of this Agreement, to access and use such of ICHOOSR software as ICHOOSR may specify from
time to time (and in the manner specified by ICHOOSR from time to time) for the purpose of performing
its obligations under this Agreement and in connection with the operation of the Program.
7.3. Each Party hereby grants to the other a non-exclusive, non-transferable, royalty free, world-wide
licence license, for the Term, to display the devices, logos, branding, trademarks, slogans and other
Branding) for the purpose of promoting the Program and their involvement
in it, in each case subject to the prior written agreement of the granting Party as to what Branding may be
used and the manner in which it may be used.
ARTICLE 8 DATA PROTECTION
8. Data Protection.
Agreement
City of <City>/iChoosr Page 5
8.1. Both Parties warrant and undertake to comply with all applicable local, state, and federal laws in
the performance of their obligations under this Agreement.
8.2. THE CITY warrants to ICHOOSR that to its knowledge and without specific due diligence, it has
made all appropriate notifications and has complied with any notification provisions as may be required
by any applicable local, state, and federal laws in respect of its obligations under this Agreement and that
performance of its obligations under this Agreement shall not breach or contravene such notifications, nor
cause ICHOOSR or the the
local, state, and federal laws.
8.3. Both parties acknowledges that any marketing activities in relation to its products or services
which it directs to Residents and Participants whose Resident Data and Visitor Data it has obtained in
accordance with this Agreement, shall be conducted in accordance with all applicable local, state, and
federal laws and in accordance with any of the marketing preferences.
8.4. ICHOOSR warrants that it has appropriate technical and organizational processes and procedures
in place to safeguard against any unauthorized or unlawful processing and against accidental loss or
destruction of, or damage to, the Resident Data and Visitor Data.
8.5. Except for Visitor Data submitted to the prevailing retail energy supplier for performance of the
Program, Resident Data and Visitor Data obtained in connection with the Agreement will not be passed
or sold to any third party without the consent of the Participant and the CITY.
8.6. The Resident Data remains the property of the CITY. The CITY hereby grants ICHOOSR a royalty
free, worldwide licence license to use any Resident Data, which shall be provided to ICHOOSR, subject
to all relevant laws and regulations including the Texas Public Information Act.
8.7. The Visitor Data remains the property of ICHOOSR including to the extent such information
replicates any Resident Datasubject
to all relevant laws and regulations.
8.8. The CITY authorizes ICHOOSR to appoint sub-contractors as further data processors on behalf of
the CITY. Any such sub-contractor shall be bound by the terms of this Agreement pertaining to the use
and transmission of Resident Data.
ARTICLE 9 - PUBLICITY
9. Publicity. Neither Party shall engage in any publicity relating to this Agreement except with the prior
written consent of the other Party, such consent not to be unreasonably withheld or delayed. The Parties shall at
their own cost co-operate in terms of making or inputting into press releases and shall respond promptly for
requests for assistance in that regard. Each Party shall promptly notify the other of facts and circumstances that
could give rise to negative publicity that could cause harm to the position, the image, or reputation of either Party.
ARTICLE 10 GENERAL PROVISIONS
Agreement
City of <City>/iChoosr Page 6
10. General Provisions.
10.1. Warranties.
10.1.1. The CITY will not enter into a similar type of partner agreement for a group switching
program with any third party for at least three (3) years from the Effective Date of this Agreement.
10.1.2. Unless otherwise permitted in Section 10.1.3 below, neither P
name and/or logo for promotional use without the other prior written permission.
10.1.3. ICHOOSR is permitted to use the CITY name and logo for reference purposes in the
development of additional switching programs.
10.1.4. The Parties hereby warrant, represent and undertake to each other that they will co-operate
cooperate and provide each other with such information and assistance as each may reasonably
require to enable and/or facilitate compliance with their respective obligations under this
Agreement.
10.1.5. The Parties agree that their promotional activities under and in connection with this
Agreement shall only promote the Program (and/or the P
promote energy suppliers or their products either individually or as a group, provided that the
PProgram and/or the types of products
offered in the Program (in generic terms).
10.2. Assignment.
10.2.1. The Parties shall not assign, sell, or otherwise transfer or dispose of this Agreement without
the prior written consent of the other Party, which consent shall not be unreasonably withheld or
delayed.
10.2.2. ICHOOSR shall not sub-contract any of its obligations under this Agreement without the
CITY
Notwithstanding the foregoing, the CITY expressly consents to ICHOOSR
Customer Service, as defined in Section 1(c).
10.3. Dispute Resolution. If a dispute arises between the Parties, as a condition precedent to filing a
lawsuit or seeking a remedy through the courts, the complaining Party will notify the other of its
request to mediate the dispute and the Parties agree to attend, within forty-five (45) days, a non-
binding mediation of at least 4 hours in duration, the cost of which shall be borne equally by the
Parties and each Party shall be responsible for its own legal fees and expenses related to any such
mediation. If any Party initiates any legal action to enforce or interpret any of the terms or
provisions of this Agreement without first following the express provisions of this Section, that
der the
applicable statute of limitations would be prejudiced by following the express provisions of this
Section.
Agreement
City of <City>/iChoosr Page 7
10.4. Waiver. A Party may by written instrument, signed on behalf of such Party: (a) extend the time for
the performance of any of the obligations or other acts of another Party due to it; (b) waive any inaccuracies
in the representations and warranties made to it contained in this Agreement; or (c) waive compliance
with any covenants, obligations, or conditions in its favor contained in this Agreement. No claim or right
arising out of this Agreement can be waived by a Party, in whole or in part, unless made in writing and
signed by such Party. A failure or delay in enforcing an obligation, or exercising a right or remedy, shall
in no way amount to a waiver of that obligation, right, or remedy. A waiver of a breach of a term of this
Agreement shall not amount to a waiver of a breach of any other term in the Agreement. A waiver of a
particular obligation in one circumstance will not prevent a Party from subsequently requiring compliance
as to the obligation on other occasions or as to any other obligation in the Agreement.
10.5. Force Majeure. No Party shall be liable to another Party, nor be deemed to have defaulted under
or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement
due to any of the following causes beyond su
unrest; (iv) actions, embargoes, or blockades in effect on or after the date of this Agreement; (v) changes
in law or regulation of any local, state, or federal governmental authority; (vi) national or regional
emergency; (vii) strikes, labor stoppages, or slowdowns or other industrial disturbances; (viii) shortage of
adequate power or transportation facilities; or (ix) any other event that is beyond the reasonable control of
such Party. A lack of funds shall not be deemed to be a Force Majeure Event. The Party suffering a Force
Majeure Event shall give notice within 5 days of the Force Majeure Event to any other Party to which
performance is owed, stating the period of time the occurrence is expected to continue, and shall use
diligent efforts to end the failure or delay and ensure that the effects of such Force Majeure Event are
minimized.
10.6. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision
shall be deemed deleted from this Agreement and shall be replaced by a valid, mutually agreeable and
enforceable provision which so far as possible achieves the same objectives as the severed provision was
intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect.
10.7. Entire Agreement/Amendment. This Agreement constitutes the entire understanding of the Parties
hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions,
undertakings and agreements between the Parties. This Agreement may be amended or modified only by
a writing executed by the duly authorized officers of the Parties hereto. It is understood and agreed that
this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed by
both Parties in accordance with the laws of the State of Texas.
10.8. Liability.
10.8.1. Subject to Section 10.8.3., neither Party shall be liable for any indirect or consequential
loss whatsoever or howsoever arising out of or in connection with this Agreement.
10.8.2. Subject to Section 10.8.3., neither Party's liability for direct loss arising out of or in
connection with this Agreement shall exceed $5,000.00.
Agreement
City of <City>/iChoosr Page 8
10.8.3. Subject to the limitations contained in the Texas Tort Claims Act and other law, nothing in
this Agreement shall limit or exclude a Party's liability for death or personal injury caused by its
own negligence, wilful willful misconduct, or fraud.
10.9. Governing Law/Venue. Any controversy or claim, whether based upon contract, statute, tort,
fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, whether
between the parties, or of any of the parties' employees, agents or affiliated businesses, will be resolved
under the laws of the State of Texas, in any court of competent jurisdiction within Denton County, Texas.
10.10. Confidentiality.
10.10.1. Except as provided in Section 10.10.2 below, each of the Parties hereto shall keep
confidential, and not disclose or use for a purpose other than the Program, any confidential and
proprietary information of any other Party hereto (the
.
10.10.2. Section 10.10.1 shall not restrict a Party from disclosing Confidential Information: (a) to
the extent consented to by the Protected Party, (b) to the extent required by a discovery request in
a court proceeding or a ruling by the Texas Attorney General, provided that such Party shall have
first provided the Protected Party with prompt written notice of such discovery request or a request
for information under the Texas Public Information Act so that the Protected Party may seek a
protective order or other appropriate remedy, and in the event such protection or other remedy is
not obtained, such Party shall exercise commercially reasonable efforts to obtain assurance that
confidential treatment will be accorded to such Confidential Information; (c) to accountants,
auditors, attorneys, and tax or financial advisors who have been informed of and have agreed with
such Party to abide by the terms of this Section, or who are otherwise bound by confidentiality
obligations with such Party; and (d) to the extent necessary to enf
this Agreement.
10.11. Notices. All notices and other communications hereunder shall be in writing and shall be deemed
duly given: (a) on the date sent by facsimile, with confirmation of transmission, or electronic mail if sent
during normal business hours of the recipient during a Business Day, and otherwise on the next Business
Day if sent after normal business hours of the recipient, provided that in the case of electronic mail, each
notice and or other communication shall be confirmed within one Business Day by dispatch of a copy of
such notice pursuant to one of the other methods described herein; (b) on the date of delivery if delivered
personally; (c) if dispatched via a recognized overnight courier service, delivery receipt requested, with
charges paid by the dispatching Party, on the later of (i) the first Business Day following the date of
dispatch, or (ii) the scheduled date of delivery by such service; or (d) on the fifth Business Day following
the date of mailing, if mailed by registered or certified mail, return receipt requested, postage prepaid to
the Party to receive such notice. Where required, such notices shall be delivered to the following addresses:
ICHOOSR, iChoosr, LLC, 5868 A1 Westheimer, #601, Houston, Texas 77057
The CITY, <address>
Agreement
City of <City>/iChoosr Page 9
10.12. Fees, Costs, and Expenses. Except as expressly provided otherwise in this Agreement, all fees,
costs, and expenses incurred in connection with this Agreement, including taxes, shall be paid by the Party
incurring such fees, costs, and expenses. In the event of termination of this Agreement, the obligation of
each Party to pay its own fees, costs, and expenses will be subject to any rights of such Party arising from
a breach of this Agreement.
10.13. Headings. The headings contained in this Agreement are for reference purposes only and shall
not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the <...>, 2018.
CITY OF <City name>, TEXAS
BY: _______________________________
<name>, <position>
ICHOOSR, LLC
BY: _______________________________
Filip Vissers, Vice President
Agreement
City of <City>/iChoosr Page 10
AGREEMENT
CITY OF LA PORTE, TEXAS and ICHOOSR, LLC
) is made and entered into and effective on this May 14, 2018 Effective
) by and between the City of La Porte, Texas the CITY), with its city hall at 604 W. Fairmont Parkway,
La Porte, TX 77571 and iChoosr, LLC ICHOOSR), collectively (the
located at 251 Little Falls Drive, Wilmington, DE 19808, iChoosr LLC is registered as a Class I aggregator under
16 Tex. Admin. Code § 25.111 at the Public Utility Commission of Texas under number #80419.
WHEREAS, the Parties wish to enter into this Agreement for the principal purpose of providing the
Residents of the CITY with group purchasing power in the procurement of retail energy (electricity and/or gas)
services;
WHEREAS, the Parties intend to solicit Residents registration and participation in the Program,
whereupon ICHOOSR will arrange a competitive bidding process of retail energy suppliers to procure
competitive electricity rates for participating Residents;
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and approved, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1 DEFINITIONS
1. Definitions. In this Agreement and its recitals, except where the context otherwise requires, the following
words shall have the meanings set forth below:
(a) Affiliate shall mean any subsidiary or holding company, including any subsidiary of any such
holding company, of ICHOOSR.
(b) S shall mean the service that receives and responds to questions and issues raised
by Residents interested in the Program and Participants, through email, chat or phone calls.
(c) Intellectual Property shall mean all software, technology platforms, websites, databases and other
content, business processes, domain names and registrations, and patent, trademark, and copyright
registrations and applications thereof owned by a Party as of the Effective Date of this Agreement.
(g) are Residents who register and participate in the Program.
(h) Program shall mean a group buying program with the principal purpose
of providing Residents with group purchasing power in the procurement of retail energy services. A
program has 4 phases: (a) Registration, (d) Auction, (c) Decision and (d) Close out.
(i) Residents shall mean residents, living inside or outside of the administrative area of the CITY, who
receive residential retail energy from their current electric service provider and are eligible to switch
supplier.
Agreement
City of <City>/iChoosr Page 1
(j) Residential Customer Agreement shall mean the agreement between the prevailing retail energy
supplier and the Participant, which commences after the successful enrollment of the Participant with
the prevailing retail energy supplier(s).
(k) Resident Data shall mean information regarding or relating to Residents, including Personal Data
and Energy Data that is submitted by the CITY to ICHOOSR subject to the provisions of the Texas
Public Information Act.
(l) shall mean a separate agreement to agree on the activities that both parties
will undertake to promote the program, to be signed by a City official who has the authority to update
the marketing and communication efforts for each individual Program.
(m)Successfully Switched Participant shall mean a Participant who has successfully switched and is
accepted and enrolled by the prevailing retail energy supplier and executes a Residential Customer
Agreement with the prevailing retail energy supplier.
(n) shall mean information regarding or relating to Participants, including Personal Data
and Energy Data that is submitted by Participants on the website of ICHOOSR, or submitted initially
to a link on the CITY.
Agreement
City of <City>/iChoosr Page 2
ARTICLE 2 OBLIGATIONS OF THE PARTIES
2. Obligations of the Parties.
2.1. ICHOOSR. ICHOOSR shall:
2.1.1. Provide the CITY with webpages including the CITY
platform to facilitate registration, auction and switching of Residents;
2.1.2. Set out information for Residents within its website about the Program including the fact
that participation is free and provides them with no obligation to accept any recommended retail
energy supplier(s), including Information pages and a Frequently Asked Questions section;
2.1.3. Subject to relevant electricity laws and regulations, arrange for a competitive bidding
process for a retail energy contract of at least one year. ICHOOSR will decide on the type of supply
contract;
2.1.4. Arrange for a solicitation for retail energy suppliers for the purpose of providing retail
energy services to participating Participant, while not guaranteeing that the solicitation will result
in a market-leading offer;
2.1.5. Provide Customer Service for the Program;
2.1.6. Provide daily reports, dealing with the number of participants in the Program and the
number of people who have confirmed that they wish to switch to the prevailing retail energy
supplier(s). Such reports to be electronically accessible to the CITY.
2.1.7. Provide the option to carry out surveys among Residents or any sample thereof that it
selects in order to obtain Residents' views in connection with the Program.
2.1.8. Obtain the CITYmarketing communications before posting,
publishing or distributing such communications;
2.1.9. Provide a minimum of two Programs a calendar year for the CITY.
Agreement
City of <City>/iChoosr Page 3
2.2. THE CITY Obligations. THE CITY shall:
2.2.1. Actively promote the Program via agreed marketing and communication efforts, as set out
in the Side Letter Agreement.
2.2.2. Promote the Program prominently on the home page of the
the term of the Program;
2.2.3. Include information regarding the Program on the page, briefly explaining the
Program and providing a hyperlink to the CITY on the Texas Power Switch
platform, by using unique URL which are provided to the CITY by ICHOOSR for tracking
purposes;
2.2.4. Obtain ICHOOSR approval for all marketing and other communications before
posting, publishing, transmitting or distributing such communications in any way.
2.2.5. Host and promote a minimum of two Programs a calendar year with ICHOOSR.
ARTICLE 3 TERM
Subject to Section 4 below, this Agreement shall commence on Effective Date and shall continue for a period of
one (1) year from the Effective Date (May 14, 2018) and shall be extended automatically for a period of one (1)
year (May 14, 2019) unless one of the Parties terminates the Agreement by providing advance written notice at
least thirty (30) days prior to the end of the primary term, or otherwise terminated in accordance with 4.1 and 4.2.
ARTICLE 4 TERMINATION
4.1. This Agreement may be terminated by either Party by giving the non-terminating Party at least one
hundred-eighty (180) days advance .
4.2. If either Party in their sole discretion determines that the Program has not performed
expectations, the Parties shall discuss the reasons for the underperformance of the Program as well as
possible remedies to allow for continuation of the Program(s) during the Program Evaluation. If after such
meeting either Party determines, after good faith negotiations, that there are no solutions available to
alleviate the reason(s) for underperformance, the Agreement will terminate.
4.3 If the CITY terminates the Agreement or if the Agreement expires, Participants, will be given the
opportunity to participate in future Texas Power Switch programs provided by ICHOOSR. No reference
will be made to the CITY in the content of these webpages and the logo of the CITY will not be shown.
Agreement
City of <City>/iChoosr Page 4
ARTICLE 5 SERVICES
5. Services.
5.1. For the duration of the term of this Agreement the CITY undertakes to perform the CITY
Obligations.
5.2. For the duration of the term of this Agreement ICHOOSR undertakes to perform ICHOOSR
Obligations.
5.3. For the term of any applicable Residential Customer Agreement, the CITY shall not, without the
prior written consent of ICHOOSR, directly contact by email, letter or telephone anyone who has
entered into a Residential Customer Agreement with the prevailing retail energy supplier in an
attempt to persuade that person to switch their gas and/ or electricity services to an alternative
supplier.
ARTICLE 6 RELATIONSHIP OF THE PARTIES
The parties acknowledge and agree that neither Party is the agent or employee of the other, and nothing in this
Agreement shall be construed to the create a relationship between the CITY and ICHOOSR of a partnership,
association, or joint venture, and neither Party shall hold itself out as an agent or partner of the other Party. The
Parties recognize and agree that the CITY will not perform any function not legally permitted by state or federal
law or the rules and regulations established by any applicable governing authority.
ARTICLE 7 INTELLECTUAL PROPERTY
7. Intellectual Property.
7.1. The Parties agree that any Intellectual Property belonging to a Party on the Effective Date of this
Agreement shall remain the legal and beneficial property of that Party during the term of this Agreement
and following termination or expiry of this Agreement. It is not permitted for Parties to use, copy or share
any Intellectual Property with any third party without written consent of the Party to whom the Intellectual
Property belongs, neither during nor after the termination of this Agreement.
7.2. ICHOOSR hereby grants to the CITY a non-exclusive, non-transferable, royalty free, world-wide
license (including the right to grant sub-licenses to employees of the CITY), for the term of this
Agreement, to access and use such of ICHOOSR software as ICHOOSR may specify from time to time
(and in the manner specified by ICHOOSR from time to time) for the purpose of performing its obligations
under this Agreement and in connection with the operation of the Program.
7.3. Each Party hereby grants to the other a non-exclusive, non-transferable, royalty free, world-wide
license, for the Term, to display the devices, logos, branding, trademarks, slogans and other materials of
Branding) for the purpose of promoting the Program and their involvement in it, in each
case subject to the prior written agreement of the granting Party as to what Branding may be used and the
manner in which it may be used.
ARTICLE 8 DATA PROTECTION
8. Data Protection.
Agreement
City of <City>/iChoosr Page 5
8.1. Both Parties warrant and undertake to comply with all applicable local, state, and federal laws in
the performance of their obligations under this Agreement.
8.2. THE CITY warrants to ICHOOSR that to its knowledge and without specific due diligence, it has
made all appropriate notifications and has complied with any notification provisions as may be required
by any applicable local, state, and federal laws in respect of its obligations under this Agreement and that
performance of its obligations under this Agreement shall not breach or contravene such notifications, nor
cause ICHOOSR or the the
local, state, and federal laws.
8.3. Both parties acknowledges that any marketing activities in relation to its products or services
which it directs to Residents and Participants whose Resident Data and Visitor Data it has obtained in
accordance with this Agreement, shall be conducted in accordance with all applicable local, state, and
federal laws and in accordance with any of the marketing preferences.
8.4. ICHOOSR warrants that it has appropriate technical and organizational processes and procedures
in place to safeguard against any unauthorized or unlawful processing and against accidental loss or
destruction of, or damage to, the Resident Data and Visitor Data.
8.5. Except for Visitor Data submitted to the prevailing retail energy supplier for performance of the
Program, Resident Data and Visitor Data obtained in connection with the Agreement will not be passed
or sold to any third party without the consent of the Participant and the CITY.
8.6. The Resident Data remains the property of the CITY. The CITY hereby grants ICHOOSR a royalty
free, worldwide license to use any Resident Data, which shall be provided to ICHOOSR, subject to all
relevant laws and regulations including the Texas Public Information Act.
8.7. The Visitor Data remains the property of ICHOOSR including to the extent such information
replicates any Resident Datasubject
to all relevant laws and regulations.
8.8. The CITY authorizes ICHOOSR to appoint sub-contractors as further data processors on behalf of
the CITY. Any such sub-contractor shall be bound by the terms of this Agreement pertaining to the use
and transmission of Resident Data.
ARTICLE 9 - PUBLICITY
9. Publicity. Neither Party shall engage in any publicity relating to this Agreement except with the prior
written consent of the other Party, such consent not to be unreasonably withheld or delayed. The Parties shall at
their own cost co-operate in terms of making or inputting into press releases and shall respond promptly for
requests for assistance in that regard. Each Party shall promptly notify the other of facts and circumstances that
could give rise to negative publicity that could cause harm to the position, the image, or reputation of either Party.
ARTICLE 10 GENERAL PROVISIONS
Agreement
City of <City>/iChoosr Page 6
10. General Provisions.
10.1. Warranties.
10.1.1. The CITY will not enter into a similar type of partner agreement for a group switching
program with any third party for at least three (3) years from the Effective Date of this Agreement.
10.1.2. Unless otherwise permitted in Section 10.1.3 below, neither P
name and/or logo for promotional use without the other prior written permission.
10.1.3. ICHOOSR is permitted to use the CITY name and logo for reference purposes in the
development of additional switching programs.
10.1.4. The Parties hereby warrant, represent and undertake to each other that they will cooperate
and provide each other with such information and assistance as each may reasonably require to
enable and/or facilitate compliance with their respective obligations under this Agreement.
10.1.5. The Parties agree that their promotional activities under and in connection with this
Agreement shall only promote the Program (and/or the P
promote energy suppliers or their products either individually or as a group, provided that the
PProgram and/or the types of products
offered in the Program (in generic terms).
10.2. Assignment.
10.2.1. The Parties shall not assign, sell, or otherwise transfer or dispose of this Agreement without
the prior written consent of the other Party, which consent shall not be unreasonably withheld or
delayed.
10.2.2. ICHOOSR shall not sub-contract any of its obligations under this Agreement without the
CITY
Notwithstanding the foregoing, the CITY expressly consents to ICHOOSR
Customer Service, as defined in Section 1(c).
10.3. Dispute Resolution. If a dispute arises between the Parties, as a condition precedent to filing a
lawsuit or seeking a remedy through the courts, the complaining Party will notify the other of its
request to mediate the dispute and the Parties agree to attend, within forty-five (45) days, a non-
binding mediation of at least 4 hours in duration, the cost of which shall be borne equally by the
Parties and each Party shall be responsible for its own legal fees and expenses related to any such
mediation. If any Party initiates any legal action to enforce or interpret any of the terms or
provisions of this Agreement without first following the express provisions of this Section, that
the
applicable statute of limitations would be prejudiced by following the express provisions of this
Section.
Agreement
City of <City>/iChoosr Page 7
10.4. Waiver. A Party may by written instrument, signed on behalf of such Party: (a) extend the time for
the performance of any of the obligations or other acts of another Party due to it; (b) waive any inaccuracies
in the representations and warranties made to it contained in this Agreement; or (c) waive compliance
with any covenants, obligations, or conditions in its favor contained in this Agreement. No claim or right
arising out of this Agreement can be waived by a Party, in whole or in part, unless made in writing and
signed by such Party. A failure or delay in enforcing an obligation, or exercising a right or remedy, shall
in no way amount to a waiver of that obligation, right, or remedy. A waiver of a breach of a term of this
Agreement shall not amount to a waiver of a breach of any other term in the Agreement. A waiver of a
particular obligation in one circumstance will not prevent a Party from subsequently requiring compliance
as to the obligation on other occasions or as to any other obligation in the Agreement.
10.5. Force Majeure. No Party shall be liable to another Party, nor be deemed to have defaulted under
or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement
war, invasion, riot, or other civil
unrest; (iv) actions, embargoes, or blockades in effect on or after the date of this Agreement; (v) changes
in law or regulation of any local, state, or federal governmental authority; (vi) national or regional
emergency; (vii) strikes, labor stoppages, or slowdowns or other industrial disturbances; (viii) shortage of
adequate power or transportation facilities; or (ix) any other event that is beyond the reasonable control of
such Party. A lack of funds shall not be deemed to be a Force Majeure Event. The Party suffering a Force
Majeure Event shall give notice within 5 days of the Force Majeure Event to any other Party to which
performance is owed, stating the period of time the occurrence is expected to continue, and shall use
diligent efforts to end the failure or delay and ensure that the effects of such Force Majeure Event are
minimized.
10.6. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision
shall be deemed deleted from this Agreement and shall be replaced by a valid, mutually agreeable and
enforceable provision which so far as possible achieves the same objectives as the severed provision was
intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect.
10.7. Entire Agreement/Amendment. This Agreement constitutes the entire understanding of the Parties
hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions,
undertakings and agreements between the Parties. This Agreement may be amended or modified only by
a writing executed by the duly authorized officers of the Parties hereto. It is understood and agreed that
this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed by
both Parties in accordance with the laws of the State of Texas.
10.8. Liability.
10.8.1. Subject to Section 10.8.3., neither Party shall be liable for any indirect or consequential
loss whatsoever or howsoever arising out of or in connection with this Agreement.
10.8.2. Subject to Section 10.8.3., neither Party's liability for direct loss arising out of or in
connection with this Agreement shall exceed $5,000.00.
Agreement
City of <City>/iChoosr Page 8
10.8.3. Subject to the limitations contained in the Texas Tort Claims Act and other law, nothing in
this Agreement shall limit or exclude a Party's liability for death or personal injury caused by its
own negligence, willful misconduct, or fraud.
10.9. Governing Law/Venue. Any controversy or claim, whether based upon contract, statute, tort,
fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, whether
between the parties, or of any of the parties' employees, agents or affiliated businesses, will be resolved
under the laws of the State of Texas, in any court of competent jurisdiction within Denton County, Texas.
10.10. Confidentiality.
10.10.1. Except as provided in Section 10.10.2 below, each of the Parties hereto shall keep
confidential, and not disclose or use for a purpose other than the Program, any confidential and
proprietary information of any other Party hereto (the
.
10.10.2. Section 10.10.1 shall not restrict a Party from disclosing Confidential Information: (a) to
the extent consented to by the Protected Party, (b) to the extent required by a discovery request in
a court proceeding or a ruling by the Texas Attorney General, provided that such Party shall have
first provided the Protected Party with prompt written notice of such discovery request or a request
for information under the Texas Public Information Act so that the Protected Party may seek a
protective order or other appropriate remedy, and in the event such protection or other remedy is
not obtained, such Party shall exercise commercially reasonable efforts to obtain assurance that
confidential treatment will be accorded to such Confidential Information; (c) to accountants,
auditors, attorneys, and tax or financial advisors who have been informed of and have agreed with
such Party to abide by the terms of this Section, or who are otherwise bound by confidentiality
obligations with such Party; and (d) to the extent necessary to enforc
this Agreement.
10.11. Notices. All notices and other communications hereunder shall be in writing and shall be deemed
duly given: (a) on the date sent by facsimile, with confirmation of transmission, or electronic mail if sent
during normal business hours of the recipient during a Business Day, and otherwise on the next Business
Day if sent after normal business hours of the recipient, provided that in the case of electronic mail, each
notice and or other communication shall be confirmed within one Business Day by dispatch of a copy of
such notice pursuant to one of the other methods described herein; (b) on the date of delivery if delivered
personally; (c) if dispatched via a recognized overnight courier service, delivery receipt requested, with
charges paid by the dispatching Party, on the later of (i) the first Business Day following the date of
dispatch, or (ii) the scheduled date of delivery by such service; or (d) on the fifth Business Day following
the date of mailing, if mailed by registered or certified mail, return receipt requested, postage prepaid to
the Party to receive such notice. Where required, such notices shall be delivered to the following addresses:
ICHOOSR, iChoosr, LLC, 5868 A1 Westheimer, #601, Houston, Texas 77057
The CITY, 604 W. Fairmont Parkway, La Porte, Texas 77571
Agreement
City of <City>/iChoosr Page 9
10.12. Fees, Costs, and Expenses. Except as expressly provided otherwise in this Agreement, all fees,
costs, and expenses incurred in connection with this Agreement, including taxes, shall be paid by the Party
incurring such fees, costs, and expenses. In the event of termination of this Agreement, the obligation of
each Party to pay its own fees, costs, and expenses will be subject to any rights of such Party arising from
a breach of this Agreement.
10.13. Headings. The headings contained in this Agreement are for reference purposes only and shall
not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the May 14, 2018.
CITY OF LA PORTE, TEXAS
BY: _______________________________
Corby Alexander, City Manager
ICHOOSR, LLC
BY: _______________________________
Filip Vissers, Vice President
Agreement
City of <City>/iChoosr Page 10
SIDE LETTER AGREEMENT
THE CITY OF <CITY NAME>, TEXAS and ICHOOSR, LLC
th
This Side Letter ) is made and entered into and effective on this 28 day of
March, 2018 ("Effective Date") by and between the City of <City name>, Texas (the CITY), with a registered
office at <City address>, and iChoosr, LLC ICHOOSR
located at 251 Little Falls Drive, Wilmington, DE 19808, iChoosr LLC is registered as a Class I aggregator under
16 Tex. Admin. Code § 25.111 at the Public Utility Commission of Texas under number #80419.
WHEREAS, the Parties will promote the Program using a set of agreed upon marketing, education and
communication efforts for the <Spring-Summer Program 2018> and the <Summer-Fall 2018 Program 2018>;
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and approved, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1 DEFINITIONS
1. Definitions. In this Agreement and its recitals, except where the context otherwise requires, the following
words shall have the meanings set forth below:
Spring-shall mean a group buying program running in 3 phases:
(a) Registration phase from Monday, March 5, 2018 to Monday, April 16, 2018;
(b) Auction Tuesday, April 17, 2018, and;
(c) Decision phase from Monday, April 30, 2018 to Tuesday, May 22, 2018.
-shall mean a group buying program running in 3 phases:
(a) Registration phase from Monday, July 9, 2018 to Tuesday, September 25, 2018;
(b) Auction Tuesday, August 21, 2018, and;
(c) Decision phase from Tuesday September 4, 2018 to Tuesday, September 25, 2018.
shall mean residents, living inside or outside of the administrative area of the CITY, who receive
residential retail energy from their current electric service provider and are eligible to switch supplier.
Agreement
City of <City>/iChoosr Page 1
ARTICLE 2 OBLIGATIONS OF THE PARTIES
2. Obligations of the Parties.
2.1.
ICHOOSR agrees to actively promote the both Programs, by carrying out the marketing, education and
communication efforts as set out below. ICHOOSR shall:
2.1.1 Send out approximately <number> unaddressed bulk mailers with the City logo during the
Registration phase and when successful also in the Decision Phase.
2.1.2 Advertisement example: Arrange for a message or flyer about the Program that will be
inserted in the monthly Utility bill going out during the Registration phase and during the Decision
phase.
2.1.3 Advertisement example: Arrange for a message about the Program that will be inserted in an
e-mail to e-bill households during the Registration phase and the Decision phase.
2.1.4 Provide the CITY with a press release for the local newspaper(s) and local radio station(s)
during the Registration phase and the Decision phase.
2.1.5 Advertisement example: Provide the City with flyers or other material to be circulated by
City affiliates (e.g. home owners associations) and provide the City with text and images for City
affiliates to use in email newsletters to be send the members during the Registration phase and
the Decision phase.
2.1.6 both Programs according to section 4.3 below.
2.2. Obligations.
The CITY agrees to actively promote the both Programs,, by carrying out the marketing, education and
communication efforts as set out below. The CITY shall:
2.2.1 Provide feedback and content for the mailer under 2.1.1.
2.2.2 Arrange for sending out a message or flyer to be inserted in the monthly Utility bill under
2.1.2
2.2.3 Arrange for sending out a message via an e-mail to e-bill households under 2.1.3
2.2.4 Forward the press release under 2.1.4 local newspaper(s) and local radio station(s) and
follow-up.
2.2.5 Encourage City affiliates (e.g. home owners associations) under 2.1.5 to help and promote
the program.
Agreement
City of <City>/iChoosr Page 2
ARTICLE 3 TERM
This Agreement shall commence on Effective Date and shall continue till until the end date of the Decision
phase of the ______________________Program.
ARTICLE 4 SERVICES
4.1. For the duration of the Term of this Agreement the CITY undertakes to perfo
Obligations.
4.2.
Obligations.
4.3. Both parties have agreed that ICHOOSR will pay for the cost of the bulk mailer (under section
2.1.1) and printing the flyer (under sections 2.1.2 and 2.1.5).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the _________ day of _________
2018.
CITY OF <CITY NAME>, TEXAS
BY: _______________________________
ICHOOSR, LLC
BY: _______________________________
Filip Vissers, Vice President iChoosr, LLC
Agreement
City of <City>/iChoosr Page 3
SIDE LETTER AGREEMENT
THE CITY OF LA PORTE, TEXAS and ICHOOSR, LLC
th
This Side Letter ) is made and entered into and effective on this 14 day of May,
2018 ("Effective Date") by and between the City of La Porte, Texas (the CITY), with a registered office at
604 W. Fairmont Parkway, La Porte, TX 77571, and iChoosr, LLC ICHOOSR
with a registered office located at 251 Little Falls Drive, Wilmington, DE 19808, iChoosr LLC is registered as a
Class I aggregator under 16 Tex. Admin. Code § 25.111 at the Public Utility Commission of Texas under number
#80419.
WHEREAS, the Parties will promote the Program using a set of agreed upon marketing, education and
communication efforts for the Summer-Fall 2018 Program 2018 and the Spring-Summer Program 2019
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and approved, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1 DEFINITIONS
1. Definitions. In this Agreement and its recitals, except where the context otherwise requires, the following
words shall have the meanings set forth below:
-shall mean a group buying program running in 3 phases:
(a) Registration phase from Monday, July 9, 2018 to Tuesday, September 25, 2018;
(b) Auction Tuesday, August 21, 2018, and;
(c) Decision phase from Tuesday September 4, 2018 to Tuesday, September 25, 2018.
-shall mean a group buying program running in 3 phases:
(a) Registration phase from Monday, March 4, 2019 to Monday, April 15, 2019;
(b) Auction Tuesday, April 16, 2019, and;
(c) Decision phase from Monday, April 29, 2019 to Tuesday, May 21, 2019.
shall mean residents, living inside or outside of the administrative area of the CITY, who receive
residential retail energy from their current electric service provider and are eligible to switch supplier.
Agreement
City of <City>/iChoosr Page 1
ARTICLE 2 OBLIGATIONS OF THE PARTIES
2. Obligations of the Parties.
2.1.
ICHOOSR agrees to actively promote both Programs, by carrying out the marketing, education and
communication efforts as set out below. ICHOOSR shall:
2.1.1 Send out approximately 9,000-10,000 unaddressed bulk mailers with the City logo during
the Registration phase and when successful also in the Decision Phase.
2.1.2 Advertisement example: Arrange for a message or flyer about the Program that will be
inserted in the monthly Utility bill going out during the Registration phase and during the Decision
phase.
2.1.3 Advertisement example: Arrange for a message about the Program that will be inserted in an
e-mail to e-bill households (if applicable) during the Registration phase and the Decision phase.
2.1.4 Provide the CITY with a press release for the local newspaper(s) and local radio station(s)
during the Registration phase and the Decision phase.
2.1.5 Advertisement example: Provide the City with flyers or other material to be circulated by
City affiliates (e.g. home owners associations) and provide the City with text and images for City
affiliates to use in email newsletters to be send the members during the Registration phase and
the Decision phase.
2.1.6 both Programs according to section 4.3 below.
2.2. Obligations.
The CITY agrees to actively promote both Programs, by carrying out the marketing, education and
communication efforts as set out below. The CITY shall:
2.2.1 Provide feedback and content for the mailer under 2.1.1.
2.2.2 Arrange for sending out a message or flyer to be inserted in the monthly Utility bill under
2.1.2
2.2.3 Arrange for sending out a message via an e-mail to e-bill households (if applicable) under
2.1.3
2.2.4 Forward the press release under 2.1.4 local newspaper(s) and local radio station(s) and
follow-up.
Agreement
City of <City>/iChoosr Page 2
2.2.5 Encourage City affiliates (e.g. home owners associations) under 2.1.5 to help and promote
the program.
ARTICLE 3 TERM
This Agreement shall commence on Effective Date and shall continue until the end date of the Decision
phase of the Summer-Fall 2018 Program and the Spring-Summer 2019 Program.
ARTICLE 4 SERVICES
4.1. For the duration of the Term of
Obligations.
4.2.
Obligations.
4.3. Both parties have agreed that ICHOOSR will pay for the cost of the bulk mailer (under section
2.1.1) and printing the flyer (under sections 2.1.2 and 2.1.5).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 14th day of May 2018.
CITY OF LA PORTE, TEXAS
BY: _______________________________
Corby Alexander, City Manager
ICHOOSR, LLC
BY: _______________________________
Filip Vissers, Vice President iChoosr, LLC
Agreement
City of <City>/iChoosr Page 3
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested May 14, 2018
Source of Funds: N/A
Requested By: Patrice Fogarty
Account Number: N/A
Department: City Secretary
Amount Budgeted: N/A
Report X Resolution: Ordinance:
Amount Requested: N/A
Exhibit:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Council is being asked to consider the structure of the Drainage and Flooding Committee, and also to
confirm or appoint members. The current roster for this committee reflects the following 5 members:
Mike Clausen, Jay Martin, Chuck Engelken, Daryl Leonard, and Danny Earp (alternate).
In 2007, council took action to create the committee and set the number at 4 members plus an alternate or
alternates, for a total of 5 or more. There was to be a chair, a vice chair, and an alternate.
Having 5 councilmembers on the Drainage and Flooding Committee could be problematic because of the
Texas Open Meetings Act (TOMA) laws. For example, if all 5 committee members want to attend a
meeting, those 5 committee members are also councilmembers, even if theyre wearing their committee
member hat. This would constitute a quorum of councilmembers, and we would then run afoul of TOMA
for not having a properly posted council meeting. To avoid TOMA pitfalls, council may want to consider
having less than 5 councilmembers on the committee.
The makeup of this committee could be 4 members with no alternate or 3 members with an alternate. If
you decide to keep t
run afoul of the TOMA. However, if you wish to keep the original structure of 4 members plus an
alternate, it should be clear that the alternate would not attend unless requested to because a member will
be absent.
Councilmembers Jay Martin, Chuck Engelken and Danny Earp have already confirmed they wish to
remain on this Board.
Action Required by Council:
Consider determining the structure of the Drainage and Flooding Committee, and confirm or appoint
members. Members serve without terms.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 14, 2018 Appropriation
Requested By: Rosalyn Epting Source of Funds:
Department: Parks & Recreation Acct Number:
Report: X Resolution: Ordinance: Amount Budgeted:
Exhibits: Amount Requested:
Exhibits: Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Staff would like to take this opportunity to update City Council on the status at Fairmont Park West Pool.
When arriving at Fairmont Park West Pool on April 16, staff was faced with the following issues:
Improperly working pumps
Green water in the pool that had not been treated since September 2017
An overflowing skimmer that leaked into an expansion joint and then under the slab when it was turned
on
Multiple leaks in pipes
Broken Check Valves
Broken Flow Meter
What staff believe is a leak under the slab, separate from the overflowing skimmer
The following items have been addressed as of April 26:
Fixed both pumps
Fixed pipe leaks
Redirected plumbing
Replaced broken check valves
Added 1,150 pounds of sand to the filters
Removed a test plug from the line
Added 100 pounds of shock
Replaced the broken flow meter
$1,764 has been spent on the above repairs
Two supervisors have been working on this project totaling 80 hours (approximately $2,481+benefits)
After all of the repairs noted above were completed, the pool turnover rate was still too slow to open to the
public. Turnover rate is the amount of time it takes all of the water in the pool to go through the pump and
filtration system one time. Staff were able to get the turnover rate down from 19.3 hours to 12 hours, but the
rate needs to be at 8 hours for a public pool to open. Therefore, we called in a pool specialist to evaluate the
filtration system. After looking at the system, the specialist determined that the following repairs needed to be
made so that pool can be open to the public:
New pulsar system
New acid pump
ADA Chairlift
Add a ladder
Hire electrician to check for pool bonding
Depth markers need to be up to code
Purchase an AED for this location
Action Required by Council:
Discussion and possible action regarding Fairmont Park West Pool.
Approved for City Council Agenda
____________________________________ _______________________
Corby D. Alexander, City Manager Date
Council Agenda Item
May 14, 2018
9 (a)Receive report of the Fiscal Affairs Committee Councilmember Engelken
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