HomeMy WebLinkAbout1992-05-18 Regular Meeting
e
e
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
MAY 18, 1992
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell, Jerry
Clarke
Members of citv Council Absent: None
Members of City Staff Present : City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Police Chief Bobby Powell, Director
of Parks and Recreation Stan Sherwood, Finance Director Jeff
Litchfield, Finance Officer Linda Stubbs, Chief Building
Inspector Ervin Griffith, Marketing Manager Laura Hudgins,
Human Resources/Purchasing Manager Louis Rigby, Aging Services
superintendent Karen Beerman
Others Present: Former Councilman B. Don Skelton and family
members; Sarah Odell; Al Blackford; Rex Carr; Tom Latin;
approximately 25 citizens
2. The invocation was given by Councilperson Deotis Gay.
3. Council considered approving the minutes of the regular
meeting of Council held April 27, 1992.
Motion was made by CouncilDerson Clarke to approve the April
27 minutes. Second by Councilperson McLaughlin.
Councilperson Thrower asked that the minutes be corrected on
page 2, item 6, to show the motion failing with a tie vote of
4 ayes and 4 nays.
The motion was voted and the corrected minutes were approved,
8 ayes, 0 nays, 1 abstain.
Ayes:
Councilpersons Sutherland,
McLaughlin, Porter, Maxwell,
Malone
None
Councilperson Gay
Cooper, Thrower,
Clarke and Mayor
Nays:
Abstain:
4. Council considered approving the minutes of the meeting held
May 4, 1992.
Motion was made bv CouncilDerson McLauqhlin to a9prove the
minutes of Mav 4. Second by Councilperson Cooper.
e
e
ORDINANCE NO. 1839
AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS
MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR THE TERM MAY 4, 1992,
UNTIL MAY 4, 1993; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
section 1. The City council of the city of La Porte hereby
appoints ~ ~ ' one of its members, to serve
as Mayor Pro Tem of the City of La Porte, for the term May 4, 1992,
through May 4, 1993, and until his successor shall have been duly
appointed and have qualified.
section 2. Said appointee shall perform all the duties of the
Mayor in his absence or disability.
section 3. The City council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city council was
pOf;ted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
section 4. This Ordinance shall take effect and be in force
from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED this the 4th day of May, 1992.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, city Secretary
APPROVED:
Knox W. Askins, city Attorney
~ST FOR CITY COUNCIL AGEN'ITEM
Agenda Date Requested: May 4, 1992
Requested By:
John Joerns Department:
Assistant City Manager
Administration
__xx
Report
Resolution
Ordinance
Exhibits:
1.
2.
3.
4.
5.
Ordinance No: IKifO
Ordinance No: 114'
USTI Contracts
Summary of IBM Contracts
August 14, 1991 Memo Re: Proposed FY '91-'92 Budget
Approving Contracts with USTI
Approving Contracts with IBM
SUMMARY Be RECOMMENDATION
Selection of a Stand Alone System for "Integrated Computer Aided Dispatch, Pollee
Records and Court Management System"
As indicated in the Vendor Selection report previously distributed to Council on April 10,
1992, the evaluation process is complete. We have now concluded our contract
negotiations with USTI. The attached contracts submitted by USTI have been reviewed
by Chip Collins of the Accord Group, the MIS Steering Committee and Knox Askins, City
Attorney.
During the evaluation/negotiation process a change to the vendors proposal was made.
The hardware configuration was upgraded from the original IBM model AS4oo-9404-D25.
The Accord Group, the MIS Steering Committee and USTI did a more detailed evaluation
of the current police database that is to be converted to the new IBM AS400. It was found
that the five year accumulation of vital police records now stored on the Data General
would require a larger engine to store and process. The proposed hardware
configuration was changed to the IBM model AS4oo-9404-E25 at an additional cost of
$33,444. Some of the upgrade cost was offset by reductions in the system software and
utilization of existing personal computers as terminals where possible.
Total System Costs and Funding Sources
During the FY '91-'92 budget sessions (Page 2, August 14,1991 memo attached) Council
was informed that the budget was extremely tight. One option discussed was to defer
some expenses associated with a Municipal Court System to FY '92-'93. The contract
negotiations with USTI were carried out with that in mind and therefore, a staggered
payment plan was developed. The projected revenues and costs are as follows:
Funds Available:
Capital Improvement Fund Budget
Revenue Sharing Budget
Criminal Justice Grant - First Year
Criminal Justice Grant - Second Year
$ 177,500.00
$ 20,000.00
$ 65,507.00
$ 18.108.00*
TOTAL FUNDS AVAILABLE
$ 281,115.00
Project Costs:
Proposal, Selection
and Consulting
$ 13,300.00
As Proposed:
Software Ucense Fees
Installation and Training
IBM Hardware
Non-IBM Hardware
System Software
Cash Receipts Hardware
Education
Omni Cad Equipment
$ 57,700.00
$ 23,240.00
$ 119,091.00
$ 2,080.00
$ 33,360.00
$ 2,503.00
$ 3,400.00
.$ 26.375.00
TOTAL AS PROPOSED
$ 281,043.00
Request for City Counc~genda Item
May 4, 1992 .
e
Additions and Deletions:
Delete Six Terminals at $1,113
Add UPS Stations
Add Lemis Software
Subtract - Courts
Contingency
($ 6,678.oo)
$ 6,305.00
$ 2,000.00
($ 18,783.oo)
$ 12,500.00
TOTAL PROJECT COSTS
.$ 263,093.00
$ 4,722.00
Revenues Versus Expenses
*The grant for the second year totaled $27,163, which represented 80% of the salary and
benefits of a computer specialist. Because we could not fill the position until we
purchased the computer, we asked the Criminal Justice Department if we could apply the
unused salary towards the system costs. Their response was that we could.
Accordingly, $18,108 of the second year funding is being applied to capital. For the
current fiscal year, we will need to amend the Police Administration Division Budget by
$11,318, which represents four months personal service costs for the Police Departmenfs
Computer Specialist position. Of this amount, $9,055 will be paid by the Grant.
We have subtracted the amount of the system costs that relates to the Court system
($18,783) from the total amount. This item will be purchased upon the relocation of the
Courts to the Police Building. We are requesting approval for the purchase of the Courts
module, contingent upon budgeted funds being approved in the fiscal year 1992-93
budget.
We have also included for consideration and approval the software maintenance
agreements, which will become effective in fiscal year 1992-93, contingent upon budgeted
funds being approved in the fiscal year 1992-93 budget.
Action Required by Council:
1. Award contract for Integrated Computer Aided Dispatch, Police Records and
Municipal Court System software to USTI, Inc. and a purchase contract with IBM
for hardware required by USTI for the operation of their software. This award is
contingent upon the review and approval of Governor's Criminal Justice Division.
Award of the Municipal Court System, to be funded in FY '92-'93.
2. Award software and hardware maintenance agreements, to be funded in fiscal year
'92-'93.
3. Amend the Police Administration Budget by $11,318, which represents the Public
Safety Computer Support Specialist position.
Availability of Funds:
XX General Fund
XX Capital Improvement
lQl_ Other (Pubic Safety Grant)
_Water /Wastewater
XX General Revenue Sharing
Account Number: Various
Funds Available:
XX YES NO
Approved for City Council Agenda
tJ )f~
DATE
e
e
ORDINANCE NO. 1840
"'
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF LA PORTE AND UNITED SYSTEMS TECHNOLOGY, INC., INCLUDING
APPLICATION SOFTWARE CONTRACT, APPLICATION SOFTWARE MAINTENANCE
AGREEMENT, AND HARDWARE PURCHASE AGREEMENT; MAKING VARIOUS FINDINGS
AND PROVI9IONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEET"INGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 4th day of May, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary L
AP?ROVED: )
~.~ -C;I. . ~z~~
Knox W. Askins
City Attorney
e
e
ORDINANCE NO. 1841
<.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND IBM CORPORATION FOR HARDWARE PURCHASE, AND HARDWARE
MAINTENANCE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 4th day of May, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APtZ; d bt
Knox W. Askins
City Attorney
e
e
APPLICATION SOFTWARE CONTRACT
BETWEEN
CITY OF LA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.
"'" ~~.
THIS CONTRACT, made and entered into this ~ Day of ~ 1992, by
and between the City of La Porte, Texas, hereinafter called Licensee, and United
Systems Technology, Inc., at 3021 Gateway Drive, Suite 290, Irving, in the State
of Texas, hereinafter called Licensor. This CONTRACT constitutes the entire
agreement between the two parties.
WITNESSETH
With consideration of the mutual covenant and conditions herein-after
contained, Licensee does hereby accept the conditions which follow.
1.
All licensed application software system(s) are the licensed copyright
materials of Licensor and shall not be duplicated, used or disclosed in
whole or in part for any purpose other than operation of the computer
system of Licensee or unless written approval is obtained from
Licensor. The application software licensed herein is designed for one
or more of the following hardware systems (the specific hardware
system for each purchased application software system is listed in
Appendix A):
IBM Application System/400 (AS/400)
IBM System/36 (S/36)
IBM RISC 6000 (RS/6000)
IBM or 100% IBM-compatible Microcomputers (Micro)
Although Licensor may adapt the application software to operate on
other hardware systems, the Licensee may not use the licensed
application software system(s) on any hardware system not
specifically authorized in Appendix A.
Ownership of the licensed application software system(s) will be
retained by Licensor. Licensee hereby agrees not to resell, trade or
otherwise make the licensed application software system(s) available
to any other person(s) or enterprise without the express written
consent of the Licensor.
2.
3.
The licensed application software sjem(s) and restrictions, if any,
is(are) itemized in Appendix A.
A C.p~ tA" (.J,~tJsec') RF"P~ ooqoi
'1ro..copy of Licensor's RFP res se and the final hardware
configuration are incorporated in this CONTRACT herein by reference.
For and in consideration of the use of the licensed application
software system(s) and other services to be rendered by Licensor,
4.
5.
PAGE 1 OF 5
e
e
Licensee shall pay, and Licensor shall receive, compensation as
follows:
A. Application software license fees shall be due and payable as
per Appendix B.
B. This CONTRACT shall be effective upon execution and shall
remain in force for a term of ninety-nine (99) years.
C. Installation and training hours shall be due and payable as per
Appendix B. Any additional services will be provided as
outlined in Appendix C.
D. Reasonable and customary out of pocket expenses will be billed
at actual cost, as they are incurred.
6. Licensor certifies that the licensed application software system(s)
provided does(do) not infringe on others' patents, rights, etc.
7. Licensee address and contact is:
CITY OF LA PORTE, TEXAS
CONTACT
ADDRESS
CITY , STATE, ZIP
PHONE
THIS CONTRACT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 2 OF 5
Notes
Hardware
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(2)
AS/400
AS/400
AS/400
AS/400
AS/400
AS/400
Micro
Notes:
e
e
APPLICATION SOFTWARE CONTRACT
BETWEEN
CITY OF LA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.
APPENDIX A
Licensed Application Software Svstem(s)
Law Enforcement Management
Information System
Misdemeanor Court
Public Safety Personnel
Jail Management
Special Investigations
Centralized Cash Receipts
OmniCAD, Up to Two Dispatchers:
Core Services
Fire & EMS CAD
Law CAD
Total
(1) AS/400 Model 9404-E25.
(2) IBM, or 100% IBM compatible, Microcomputers.
License Fee
$ 10,400.
5,200.
4,400.
6,800.
3,200.
5,200.
9,500.
6,500.
6.500.
$ 57,700.
THIS CONTRACT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 3 OF 5
e
e
APPLICATION SOFTWARE CONTRACT
BETWEEN
CITY OF LA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.
APPENDIX B
Below are the payment terms of this CONTRACT:
Package
Total
License Fee
Trainingl Annual
Installation Maint.
Law Enforcement Management
Information System $ 16,510.
Misdemeanor Court 10, 180.
Public Safety Personnel 6,110.
Jail Management 10,620.
Special Investigations 4,100.
Centralized Cash Receipts 7,660.
OmniCAD, Up To 2 Dispatchers
Core Services 15,130.
Fire & EMS CAD 9,580.
Law CAD 9.580.
Totals
$ 89.470.
$ 10,400. $ 4,550. $ 1,560.
5,200. 4,200. 780.
4,400. 1,050. 660.
6,800. 2,800. 1,020.
3,200. 560. 340.
5,200. 1,680. 780.
9,500. 4,200. 1,430.
6,500. 2,100. 980.
6,500. 2,100. 980.
$ 57,700. $ 23,240. $ 8,530.
$ 17,894.
35,788.
17,894.
8,947.
8.947.
$ 89.470.
20 % upon execution of contract
40% upon delivery of software
20% upon completion of training for each module
10% upon completion of all training
10% due 30 days after completion of all training
THIS CONTRACT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 4 OF 5
e
e
APPLICATION SOFTWARE CONTRACT
BETWEEN
CITY OF LA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.
APPENDIX C
Listed below are the additional services that will be provided as part of this
CONTRACT:
1. Licensee agrees to provide the LEMIS interface (for narratives) to
IBM's WordPerfect software on the AS/400. The cost for this
interface shall be $2,000. .
THIS CONTRACT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 5 OF 5
e
e
HARDWARE PURCHASE AGREEMENT
BETWEEN
CITY OF lA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC. ~
q ~ \ll Mo..~
THIS AGREEMENT, made and entered into this ~ day of -April, 1992, by
and between the City of la Porte, Texas, hereinafter called Purchaser, and United
Systems Technology, Inc. with offices at 3021 Gateway Drive, Suite 290, Irving,
in the State of Texas, hereinafter called USTI.
WITNESSETH
1. With consideration of the mutual covenant and conditions herein-after
contained, Purchaser does heret,?y agree to purchase the following.
Unit Total
Qty Description Price Price
1 Hewlett-Packard $ 2,080. $ 2,080.
HPIII laser Printer
1 Ithaca Receipt Printer 995. 995.
Model PCOS 53
1 Indiana Cash Drawer 395. 395.
Model EL 4
1 Novell Netware V3.1 for 3,495. 3,495.
Up to 20 users
4 Western Digital Network 394. 1,396.
Interface Card, 16 bit
3 Western Digital Network 249. 747.
Interface Card, 8 bit
2 USTI Keyboard Switch 250. 500.
2 Quarterdeck QEMM w/DesqView 247. 494.
1 XTrieve N/C N/C
Total $ 10,102.
2. For and in consideration of the services to be rendered by USTI, Purchaser
shall pay, and USTI shall receive, compensation as follows:
A. Hardware purchase price shall be due and payable upon receipt of
said hardware.
PAGE 1 OF 2
e
e
B. This CONTRACT shall be effective upon execution by Purchaser and
USTI.
THIS CONTRACT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 2 OF 2
e
e
APPLICATION SOFTWARE MAINTENANCE AGREEMENT
BETWEEN
CITY OF lA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.:!
4~ '~~~
THIS AGREEMENT, made and entered into this ~ D y of , 1992, by
and between the City of La Porte, Texas, hereinafter called licensee, and United
Systems Technology, Inc., with offices at 3021 Gateway Drive, Irving, Texas,
75063, hereinafter called licensor.
WITNESSETH
WHEREAS, licensee has previously purchased a software license for certain
computer application software for its user system from licensor; and
WHEREAS, licensee desires to utilize and to protect all proprietary.rights of
said application software; and
WHEREAS, licensee desires to employ licensor for providing sustaining
maintenance and application software upgrades; and
WHEREAS, licensor has proposed acceptable terms for providing
maintenance and upgrading under an on-going contract basis.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter contained, licensee does hereby employ licensor to provide
sustaining maintenance and application software upgrade service and Licensor
does hereby accept employment in accordance with the covenants, conditions,
definitions and terms which follow, together with any appendices that are mutually
approved, attached hereto and made a part hereof.
ARTICLE I - DEFINITIONS AND lOCATIONS
Section 1 - Definitions
A. "Application Software" shall mean the source code and object code
supplied by licensor for the operation of all licensed application
software system(s) as outlined in the Application Software Contract.
B. "User System or Hardware" shall mean the equipment as outlined in
the Application Software Contract.
C. "Application Software Upgrades" shall mean improvements/upgrades
to the licensed application software which improves the operating
performance of the application software but does not change the
basic function of the licensed software. Licensor will provide
complete updates of application software versions without charge,
but reserves the right to invoice for personnel time and/or travel
PAGE 1 OF 6
e
e
exoended in the imolementation of the oroposed upgrades.
D. "Base System" shall mean the current version of the licensed
application software system(s) as would normally be installed by
Licensor.
E. "Application Support/Error Recovery" shall mean the support listed
below for all "applications" installed by Licensor.
1. Provide periodic software updates distributed on diskette with
instructions for use and installation. Updates are distributed
with either an optional or required installation status. Required
updates must be installed to stay within the base system.
2. Successful implementation of periodic updates is the user's
responsibility for programs not originally installed by either
Licensor or its agents.
3. Error Recovery (fix it support) will address all problems
encountered in running application software provided by
Licensor. Assistance will be provided by phone, diskettes
being mailed, or an on-site visit by Licensor personnel if
required. Licensor reserves the right to bill for out of pocket
exoenses actuallv incurred.
F. "Application Software Use" shall mean that Licensee shall have the
right to use the licensed application software system(s) on their User
System only, without prior written approval of Licensor.
Section 2 - Locations
A. The user system hardware utilizing the licensed application software
system(s) and application software upgrades is located at City of La
Porte, Texas.
B. All notices and communications under this agreement that are to be
mailed or delivered to Licensor shall be sent to the address of
Licensor as follows, unless and until Licensee is otherwise notified:
United Systems Technology, Inc.
3021 Gateway Drive, Suite 290
Irving, Texas 75063
C. All notices and communications under the agreement that are to be
mailed or delivered to Licensee shall be sent to the address and
offices of Licensee as follows:
CITY OF LA PORTE, TEXAS
CONTACT
ADDRESS
CITY, STATE, ZIP
PAGE 2 OF 6
e
e
ARTICLE II - SCOPE OF SERVICES
Section 1 - General Reauirements
Licensor shall provide application support/error recovery for the licensed
application software system(s) and application software upgrades in accordance
with the following terms:
A. The agreement between the parties shall initially be for a period of
one year from the effective date provided in Article V and
automatically renew on each anniversary thereafter. Either party may
terminate the agreement by giving written notice to the other party
not less than one hundred eighty (180) days prior to the annual
renewal anniversary date. Notice of termination, except for cause,
shall not amend the duties, rights or liabilities that occur until date of
termination.
B. Licensor will maintain the licensed application software system(s)
during the term of this agreement. Licensor shall make available to
Licensee all updated and revised versions to the base system which
are provided by Licensor.
C. Licensor will correct any error and, if such is found to be caused by
modification to the application software by any party other than
Licensor, or its agent, Licensor reserves the right to invoice the
Licensee for such service on a time and materials basis at current
Licensor hourly rates plus actual out of pocket expenses.
D. Licensor shall not be responsible for consequential damages by
program malfunctions.
E. Licensor shall not provide expressed or implied warranty of updates to
application software unless the updates are modified and installed by
Licensor or its agent.
ARTICLE III - PAYMENT FOR SERVICES
Section 1 - Payment for Basic Services
The Licensee agrees to pay all applicable fees for software updates and
maintenance service charges per pricing described in Appendix A. The fee shall be
reviewed each year prior to the anniversary date of this agreement and will not
increase in fee more than ten percent (10%) per year. Written notice of any
needed changes shall be provided to the other party not less than sixty days (60)
prior to the effective date for revised charges. All mutually agreed changes in fees
charged shall be incorporated by approved appendix of this agreement. Payment
shall be due and payable as per Appendix B of the Application Software Contract.
Section 2 - Payment for Additional Services
Any services approved in addition to the agreed provisions of Article II of
this agreement shall be invoiced on a time and material basis at the current
Licensor billing rate plus any actual out of pocket expenses. All invoices for
PAGE 3 OF 6
e
e
additional services shall require approval by Licensee, or his/her agent and
payment of invoices for additional services shall be made within fifteen (15) days
of said approval. Additional services typically address the needs of the Licensee
for consulting and custom programming. Hourly fees range from $70.00 to
$100.00 per hour.
Section 3 - Software Maintenance Pricing
See Appendix A
,
ARTICLE IV - MISCELLANEOUS PROVISIONS
Section 1 - Comoliance of all Laws
The Licensee and Licensor agree that they will perform their obligations
hereunder in accordance with applicable laws, rules, and regulations now and
hereafter in effect. If any terms or provisions of this agreement shall be found to
be illegal or unenforceable then, the remainder whereupon so amended shall
remain in force and effect.
- Section 2 - Soecial .Provisions
A. Cessation of Business Rights: If Licensor or it's successor company,
shall for any reason, cease to conduct business, this agreement shall
automatically terminate, and no further charges made or services
performed. Any fees unearned by Licensor will be returned to the
Purchaser.
B. Notices: All notices under this agreement shall be in writing and shall
be deemed duly given; upon delivery to a party hereto at the address
hereinabove set forth or such other address as specified by
Licensee.
C. Authority: Licensee and Licensor have full power and authority to
enter into and perform this agreement, and the person signing this
agreement on behalf of each has been properly authorized and
empowered to enter into this agreement.
D. Assignment: Licensor shall not assign or convey this agreement to
any other party without prior written consent by Licensee. Any
assignment or attempted assignment without prior written approval of
Licensee shall render this agreement null and void. Any fees
unearned by Licensor will be returned to the Licensee.
ARTICLE V - SIGNIFICANT DATES
Section 1 - Provisions of Effective Date
A. This agreement will become effective on the 1 st Day of October,
1992.
PAGE 4 OF 6
e
e
Section 2 - Anniversary Date
A. The anniversary date shall be the 1 st Day of October, 1993.
B. At the anniversary date the agreement is automatically renewed
unless notified by the other party within thirty (30) days prior to the
anniversary date.
C. This agreement shall automatically renew at full annual rates.
IN WITNESS WHEREOF, the Licensee and Licensor have executed this
agreement on the date first executed.
THIS AGREEMENT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ArrEST:
DATE:
DATE:
THIS AGREEMENT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY I INC.
BY: DATE:
TITLE: Vice President
ArrEST: DATE:
PAGE 5 OF 6
e
e
APPENDIX A
BETWEEN
CITY OF LA PORTE, TEXAS
AND
UNITED SYSTEMS TECHNOLOGY, INC.
The pnclng below includes unlimited telephone support, on-line support
when required, program temporary fixes (PTFs) and program upgrades on all
licensed application software system(s).
DESCRIPTION
ANNUAL FEE
$ 1,560.
780.
660.
1,020.
340.
780.
1,430.
980.
980.
$ 8.530.
Law Enforcement Management
Information System
Misdemeanor Court
Public Safety Personnel
Jail Management
Special Investigations
Centralized Cash Receipts
OmniCAD, Up to Two Dispatchers:
Core Services
Fire & EMS CAD
Law CAD
Total
THIS AGREEMENT EXECUTED FOR CITY OF LA PORTE, TEXAS
BY:
TITLE:
ATTEST:
DATE:
DATE:
THIS AGREEMENT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC.
BY: DATE:
TITLE: Vice President
ATTEST: DATE:
PAGE 6 OF 6
e
e
SUMMARY
IBM CONTRACTS
The IBM hardware contracts and invoices are 23 and 19 pages respectively. Instead of
copying these documents please refer to the IBM equipment listed on the attached Cost
Summary provided by USTI.
The IBM contracts and invoices have been reviewed and agree with USTl's Hardware
Cost Summary.
If you wish to view these documents please contact John Joerns, Assistant City Manager.
e
e
CITY OF LA PORTE, TEXAS
COST SUMMARY MODEL 9404-E25
April 22, 1992
Application Software:
Software License Fee
Installation and Training (332 hours)
Conversion (up to 60 hours)
Network Implementation (up to 40 hours)
Hardware/System Software:
IBM Hardware
Non-IBM Hardware
System Software _
Cash Receipts Hardware
Education
OmniCAD Equipment
TOTAL
Annual Maintenance:
Application Software
IBM Hardware
CAD Hardware
TOTAL ANNUAL COST
$ 57,700.
23,240.
No Charge
No Charge
119,091.
2,080.
33,360.
2,503.
3,400.
26.375.
$ 267,749.
$ 8,530.
6,934.
2.453.
$ 17,917.
~
e
e
CITY OF LA PORTE, TEXAS
APPLICATION SOFTWARE COSTS
April 22, 1992
Package
Annual
Maint.
Hours
Training/
Installation
License Fee
AS/400 9404-E20/E25
Law Enforcement Management
Information System $ 10,400. $ 1,560. $ 4,550. 65
Misdemeanor Court 5,200. 780. 4,200. 60
Public Safety Personnel 4,400. 660. 1,050. 15
Jail Management 6,800. 1,020. 2,800. 40
Special Investigations 3,200. 340. 560. 8
Centralized Cash Receipts 5,200. 780. 1,680. 24
Microcomputer Based Svstem
OmniCAD, Up To 2 Dispatchers
Core Services 9,500. 1,430. 4,200. 60
Fire & EMS CAD 6,500. 980. 2,100. 30
Law CAD 6.500. 980. 2.100. 30
Totals
$ 57,700.
$ 8,530.
$ 23,240.
332
..........
1>~\(~ .ro~ ~s 5c>f\.~Q.e.~ s~\\ b.. h<<.\d \0,,- ~e. '1e.o..t.. ~~W1 ~e.
e.prcd;u~ do..~e '* ~ C~~~o..c+.
Optional:
Fire Incident Reporting $ 5,200. $ 780. $ 2,800. 40
Fire Prevention & Inspection 4,500. 680. 1,400. 20
(Rre Prevention & Inspection, currently under development, will be at no charge if Rre Incident Reporting is
purchased with initial system.)
Travel and out of pocket expenses are billed at cost as they are incurred.
e
e
CITY OF LA PORTE, TEXAS
HARDWARE/SYSTEM SOFTWARE COSTS
April 22, 1992
Model #/
Feature
Unit
Cost
Total
Cost
Description
Qty
IBM Hardware -
9404-E25 AS/400 System Unit
32MB Memory
3,952MB DASD
Ethernet Adapter
2 Battery Power Units
525MB 1/4" Tape
3 ASCII Workstation Controllers (36 Ports)
2 Communication Lines
7208-002 8MM Cartridge Tape
Drive
12/19.2 KBPS Modem
ASCII Display (Color)
533 CPS Printer
PPS II Printer
1 $ 89,623. $ 89,623.
7855-01 Z
31 64-11 0
4226-30Z
2391-00Z
1
1 .
14
1
6
5,396.
1,061.
1,113.
2,343.
849.
5,3ge.
1,061.
15,582.
2,335.
5,094.
Subtotal IBM Hardware
$ 119,091.
Non-IBM Hardware -
Hewlett-
Packard HPIII Laser Printer
1 $ 2,080. $ 2,080.
$ 2,080.
Subtotal Non-IBM Hardware
System Software-
5738-SS1 Operating System/400 1 $ 14,599. $ 14,599.
5738-RG 1 RPG/400 1 3,689. 3,689.
5738-PW1 Application Development
Tools 1 3,689. 3,689.
5738-QU1 AS/400 Query 1 2,239. 2,239.
5738-PC1 PC Support/400 1 3,294. 3,294.
5730-095 Application Program
Driver 1 1,660. 1,660.
5633-002 WordPerfect/400 1 4,190. 4.190.
Subtotal System Software $ 33,360.
Annual
Maint.
$ 3,456.
1,176.
70.
1,106.
357.
690.
$ 6,855.
e
e
CITY OF LA PORTE, TEXAS
HARDWARE/SYSTEM SOFTWARE COSTS (continued)
April 22, 1992
Model #/ Unit Total Annual
Feature Description Qty Cost Cost Maint.
Cash Receipts Hardware -
31 64-11 0 ASCII Display (Color) 1 $ 1,113. $ 1,113. $ 79.
PCOS 53 Ithaca Receipt
Printer 1 $ 995. $ 995. N/A
EL 4 Indiana Cash Drawer 1 395. 395. N/A
Subtotal $ 2,503. $ 79.
Education -
5696-001 AS/400 Education Series 1 $ 1,153. $ 1,153.
5733-056 Manage/400 Course 1 1,500. 1,500.
5696-033 AS/400 Sys Op Wrkshp 1 747. 747.
Subtotal Education $ 3,400.
TOTAL AS/400 SYSTEM
$ 160.434.
$ 6,934.
Optional -
3164-110 A sell Display (Color)
AdditionalBMB Memory
1 $ 1,113. $ 1,113.
1 2,257. 2,257.
$ 79.
e
e
CITY OF LA PORTE, TEXAS
OMNICAD CONFIGURA nON
April 22, 1992
Model #/ Unit Total Annual
Feature Description Qty Cost Cost Maint.
File Server:
8570-A 16 PS/2 Model 70 1 $ 3,833. $ 3,833. $ 595.
4MB Memory
160MB Hard Drive
8504-001 12" Mono Display 1 239. 239. 30.
Novell Netware V3. 1
(Up to 20 users) 1 3,495. 3,495.
Western Network Interface
Digital Card (16 Bit) 1 349. 349.
Primary Dispatcher Workstation:
8556-043 PS/2 Model 56 SX 2 2,004. 4,008. 520.
4MB Memory
40MB Hard Drive
8514-001 1 6" Color Display 2 1,049. 2,098. 96.
5871-1964 DOSV5.0 2 115. 230.
USTI Keyboard 2 250. 500.
Ouarter- OEMM w/DesqView 2 247. 494.
deck
Western Network Interface
Digital Card (1 6 Bit) 2 349. 698.
Display Workstation:
8535-043 PS/2 Model 35 SX 2 1,249. 2,498. 520.
with mouse
2MB Memory
40MB Hard Drive
8514-001 1 6" Color Display 2 1 ,049. 2,098. 96.
5871-1964 DOS V5.0 2 115. 230.
Western Network Interface
Digital Card (8 Bit) 2 249. 498.
Supervisor Workstation:
8556-043 PS/2 Model 56 SX 1 2,004. 2,004. 260.
4MB Memory
40MB Hard Drive
8515-021 14" Color Display 1 599. 599. 46.
5871-1964 DOSV5.0 1 115. 115.
Western Network Interface
Digital Card (1 6 Bit) 1 349. 349.
e
e
CITY OF LA PORTE, TEXAS
OMNICAD CONFIGURATION (continued)
April 22, 1992
Model #/ Unit Total Annual
Feature Description Qty Cost Cost Maint.
Upload/E-911 Interface:
8535-040 PS/2 Model 35 SX 1 956. 956. 260.
2MB Memory
Diskette Only
8504-001 1 2" Mono Display 1 239. 239. 30.
5871-1964 DOS V5.0 1 115. 115.
5871-2538 Enh 5250 Emulation
Conv. Kit 2.3 1 481. 481.
Western Network Interface
Digital Card (8 Bit) 1 249. 249.
TOTAL OMNICAD SYSTEM $ 26,375. $ 2.453.
Optional Equipment:
Western Network Interface
Digital Card (8 Bit)
(Allows AT-BUS style pc's to access OMNICADI
1
249.
249.
e
e
CITY OF LA PORTE, TEXAS
UNINTERRUPTIBlE POWER SUPPLY OPTIONS
April 22, 1992
For the AS/400 and CAD Network
(Assumes UPS in same room as the AS/400l:
Toshiba 5KV A with AS/400 interface
for controlled shutdown after automatic
backup procedures and 35 minutes of
run time.
Estimated Electrical Work
TOTAL
For the AS/400 only
(Assumes UPS in same room as the AS/400):
Toshiba 3KVA with AS/400 interface
for controlled shutdown after automatic
backup procedures and 35 minutes of
run time.
For the CAD File Server onlv:
American Power Smart UPS Series 600
with 25 minutes of run time after
power failure. Has UPS link control
to monitor power. Notifys operator
when shutdown will occur and automatically
starts the control shutdown procedures.
For Each Individual PS/2 on the LAN:
American Power Smart UPS Series 400
with 25 minutes of run time after
power failure. Has UPS link control
to monitor power. Notifys operator
when shutdown will occur and automatically
starts the control shutdown procedures.
$ 8,250.
2.850.
$ 11, 1 00.
$ 4,950.
$ 525.
$ 415.
e
e
.J
CITY OF LA PORTE
I
:...;.
INTEROFFICE MEMORANDUM
DATE:
Robert T. Herrera, City Manager
John Joer'ASSistant city Manager
Chairmen MIS Steering Committee
J
August 14, 1991
TO:
FROM:
SUBJECT:
Law Enforcement System
Proposed FY 91-92 Budget
with the hiring of the MIS Manager in July 1989 the MIS steering
Committee established priorities and began implementation of
recommendations contained in the MIS management study. Some of the
early priorities focused on hardware enhancements and achieving a
greater degree of stability in our MIS operations and establishing
PC hardware/software standards.
Another set of objectives for the MIS Committee was related to
installation of the latest revisions of the NCC software. The
major software systems identified for installation were:
. utility Billing (with meter reading devices) (Completed)
. Payroll
. Accounts Payable
. Purchasing
. Budgetary Accounting
. Human Resources
. Municipal Court
. Police Information system
The following is an overview of the committee's progress on
installation of NCC's latest revisions.
POLICE INFORMATION SYSTEMS
More specifically the recommendations regarding the Police
Information Systems were:
. Replace the NCC/liMS POSSE, plus system with NCC's
new police information system. If within the next
twelve months this system does not achieve the
Department's needs, replace it with a stand-alone,
dedicated system.
. Acquire a stand-alone computer aided dispatch system
for the Department. This system should be
microcomputer based and able to interact with NCC's
police system.
e
e
/
Memo to: Robert T. Herrera, City Manager
August 14, 1991
Re: Law Enforcement System
.
twelve months) a
be performed to
followed regarding
(If needed, at the end of
replacement analysis should
determine the methodology to be
the police computer system.
The MIS Committee discussed with NCC the installation of NCC's
new police Information system. After demonstration of the
system the vendor was asked to investigate modifications of
the software to include more flexible report writing
capabilities. The vendor agreed to investigate, noting that
other clients had requested the same feature. After missing
several deadlines the committee recognized that the vendor
would not be able to meet the City's expectations. At that
point the City ended discussions with NCC regarding their
police information system. This action led the committee to
the next point in the management study, conduct a replacement
analysis and consider a stand alone system.
In the meantime the City applied for a grant to purchase a
Computer Aided Dispatch (CAD) system. This grant was approved
September 4, 1990. At that point the committee thought the
grant was inflexible and could only be used for Computer Aided
Dispatch (CAD) as described in the application.
Chief Powell visited with the Criminal Justice Division and
found that there was some flexibility in utilization of grant
funds. permission was given to apply the funds toward the
purchase of new Law Enforcement Software, as long as it
included a CAD.
Once this had been determined the MIS committee moved forward
with the preparation of an RFP for an Integrated Computer
Aided Dispatch, Police Record and Court Management Systems.
. This RFP is essentially complete, if funding is authorized by
council during FY 191-'92 budget sessions, the MIS Committee
will move forward with the following:
. retain consultant (Accord Group) to assist staff in
review of the RFPi
. issuance of the RFP and review proposals received;
. recommendation of vendor to Council;
. negotiate contract;
. purchase and installation of hardware/software
.J
e
e
Memo to~ Robert T. Herrera, City Manager
August 14, 1991
Re: Law Enforcement System
The estimated cost for a stand alone Computer Aided
Dispatch/Law Enforcement/Municipal Court System is $ 263,000.
The attached exhibit "A" outlines recommended revenue sources
for Council's consideration.
.-------
This budget is extremely tight and one option that will be
explored is a phased installation of Municipal Court which
could defer some expenses until next budget year and coincide
with the approximate time that court would move to the Police
Administration Building.
After review by Council and with their consensus, the MIS
Commi ttee will request authorization to retain the Accord
Group to perform task one of their proposed contract for
services. Staff would then return to Council for approval and
authorization of the remaining tasks described in the proposal
for services. .
iNSTALLATION OF NCC SOFTWARE (LATEST REVISIONS)
The MIS Committee also discussed with NCC the installation of
latest revisions for the following systems:
. Payroll
. Accounts Payable
. Purchasing
. Budgetary Accounting
. Human Resources
NCC's first response had a estimated cost of $ 28,000 - $
30,000. The committee felt that this expense was hard to
justify when weighed against the benefits. Also, the
management study stated that the Data General platform was
nearing the end of it's productive life cycle (and that
, replacement should be considered in the near future). When
informed of this NCC countered with an alternate proposal,
replacement of the Data General computer with a DEC platform
and new software. The estimated cost for converting to a new
hardware/software platform was approximately $270,000
$280,000.
The MIS committee recognized that there was already one
extremely ambitious project in process, consideration of a new
law enforcement system. With limited resources in both
personnel and funds available it was decided to defer the
reinstallation of NCC software and/or the conversion to a new
hardware/software platform to another budget year(s).
e
e
~
Memo to: Robert T. Herrera, City Manager
August 14, 1991
Re: Law Enforcement system
The committee feels that this item can be deferred because of
the relative stability achieved in the last two years and
Larry Mabels continued assistance and efforts in improving our
MIS systems. This will result in extending the Data General
installation at least four years beyond the date of the
management study. It is very likely that next year the MIS
committee will recommend consideration of a new
hardware/software platform.
xc: Larry Mabe, MIS Manager
MIS steering Committee
.
. I
,.
.
.
Memo to: Robert T. Herrera, City Manager
August 14, 1991
Re: Law Enforcement system
Grant
Fund 015
Fund 025
Exhibit A
(FY 91 - 92 Budget)
Proposed Revenue Sources for Law Enforcement
Hardware/Software systems
- Criminal Justice Division
General Fund ClP
- Federal Revenue Sharing
$ 65,500
$177,500
S 20.000
$263,000
Total
e
e
Minutes, Regular Meeting, La Porte city council
May 18, 1992, Page 2
Councilperson Thrower asked that the minutes be corrected on
page 2, item 6, to show that councilperson McLaughlin
nominated councilperson Alton Porter.
The vote was taken, and the corrected minutes were approved,
7 ayes, 0 nays, 2 abstain.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Maxwell and Mayor Malone
Nays: None
Abstain: Councilpersons Gay and Clarke
5. Mrs. Valerie Buckner addressed Council regarding the upcoming
Bay Day celebration on May 30 and 31. She presented Council
T-shirts commemorating the occasion.
6. Mayor Malone and Council presented outgoing Councilman B. Don
Skelton with a proclamation and a plaque in appreciation of
his service to the citizens of La Porte. A gift from the
executive staff and Mr. Skelton's Council portrait were
presented by City Manager Herrera. Mr. Skelton expressed his
appreciation of the gifts and of being allowed to serve 17% of
his life for the citizens of La Porte.
7. Centennial certificates of Appreciation were presented to
Sarah Odell, Al Blackford and Rex Carr for their contributions
to the community.
8. There were no citizens wishing to address Council.
9. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and the hospitality
industry consulting services group of Coopers and Lybrand.
Mr. Herrera briefed Council on past events leading up to this
item and introduced Mr. Tom Latin of the firm of Coopers and
Lybrand. Mr. Latin addressed Council regarding the procedures
his group would take to do a marketing study.
The city Attorney read: ORDINANCE 1842 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND THE HOSPITALITY INDUSTRY CONSULTING SERVICES GROUP
OF COOPERS & LYBRAND, CERTIFIED PUBLIC ACCOUNTANTS;
APPROPRIATING NOT TO EXCEED $20,000.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Clarke to adoot Ordinance
1842 as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 9 ayes and 0 nays.
.
e
Minutes, Regular Meeting, La Porte City Council
May 18, 1992, page 3
Ayes:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Nays:
10. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Las Hadas Mexican
Restaurant, Inc., for concessions at Sylvan Beach Pavilion.
councilperson Porter excused himself from the Council table
for this item.
The City Attorney read: ORDINANCE 1843 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND LAS HADAS MEXICAN RESTAURANT, A INC., FOR CONCESSIONS
AT SYLVAN BEACH PAVILION; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by councilgerson Coooer to adopt Ordinance
1843 as read by the city Attorney. Second by councilperson
Maxwell. The motion carried, 8 ayes and 0 nays (Councilperson
Porter was away from the table).
Nays:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
The Mayor excused himself from the Council table and Mayor Pro
Tem Cooper presided.
11. Council considered authorizing the City Manager to sign a
certificate of Land Dedication for park use - Project # 48-
00378.
Motion was made by Counciloerson Gay to aoorove authorizinq
the City Manaqer to sign the certificate of Land Dedication.
Second by Councilperson Sutherland. The motion carried, 7
ayes and 0 nays (Councilperson Porter and Mayor Malone were
away from the table).
Nays:
Councilpersons Sutherland, Thrower, McLaughlin,
Gay, Maxwell, Clarke and Mayor Pro Tem Cooper
None
Ayes:
12. Council considered awarding a bid for mowing of overgrown
lots.
After discussion regarding whether a recently retired city
employee was involved in ownership of the company proposed to
receive the bid, motion was made by Counciloerson Thrower to
e
e
Minutes, Regular Meeting, La Porte City Council
May 18, 1992, Page 4
award the bid for mowing of overarown lots to W & M
Enterorises. subiect to their filina an assumed name
certificate with the City Secretary. Second by Councilperson
Maxwell. The motion carried, 6 ayes and 1 nay (Councilperson
Porter and Mayor Malone were away from the table).
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Maxwell and Clarke
Councilperson Gay
Thrower,
Ayes:
13. Council considered awarding a bid for mowing of overgrown
alleys.
Motion was made bv Counciloerson Clarke to award the bid for
mowina of overarown alleys to W & M Enterorises. subiect to
their filing an assumed name certificate with the City
Secretarv. Second by Councilperson Thrower. The motion
carried, 8 ayes and 1 nay (Councilperson Porter and Mayor
Malone had returned to the table and the Mayor resumed
presiding over the meeting).
Nays:
Councilpersons Sutherland,
McLaughlin, Porter, Maxwell,
Malone
Councilperson Gay
Cooper, Thrower,
Clarke and Mayor
Ayes:
14. Council considered awarding a bid for office furniture for La
Porte Recreation and Fitness Center.
Some concern was shown due to the fact that the recommendation
was not itemized. After discussion, motion
Counciloerson McLauahlin to award the bid for
oresented. Second by Councilperson Cooper.
carried, 7 ayes, 1 nay, 1 abstain.
was made by
furni ture as
The motion
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Maxwell, Clarke and Mayor Malone
Nays: Councilperson Gay
Abstain: Councilperson Porter
15. A workshop item recommending a proposed method of adjusting
water utility bills for customers who have had a water leak
was presented by Finance Director Jeff Litchfield. The
proposal was well received by Council and direction was given
to proceed.
16. Administrative Reports
A. Council was reminded of the Centennial Golf Tournament on
May 27. Most of Council has registered to play.
e
-
Minutes, Regular Meeting, La Porte City Council
May 18, 1992, Page 5
B. Assistant ci ty Manager John Joerns addressed Council
regarding properties currently without water and/or
sanitary sewer service, and outlined plans for extending
this service.
C. It was announced that the La Porte Recreation and Fitness
Center is still on target.
17. Councilpersons Sutherland, Cooper, Thrower, McLaughlin,
Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to
Council's attention.
18. Council adjourned into executive session at 7:55 P.M. to
address an item under V.A.T.S. - Article 6252-17, section 2(E)
(Legal): Receive report from City Manager and legal counsel
regarding East La Porte Relief Sewer. Council returned to the
table at P.M.
19. There being no further business to come before the Council,
the meeting adjourned at P.M.
Respectfully submitted:
~jf&~
Cherie Black, City Secretary
Passed & Approved this the
~!7day of June, 1992
4:~~:6r
e
e
ORDINANCE NO. 1842
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE HOSPITALITY INDUSTRY CONSULTING SERVICES GROUP
OF COOPERS & LYBRAND, CERTIFIED PUBLIC ACCOUNTANTS, APPROPRIATING
NOT TO EXCEED $20,000.00 TO FUND SAID CONTRACT, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte.~/The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents. City Council
appropriates not to exceed $20,000.00 to fund said contract.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated, and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 18th day of May, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secre ary
oz;;#'6 .
Knox W. Askins, City Attorney
e
e
Coopers
& Lybrand
-[
-r
r
r
for Professional S~f~ic~~:
-:/:',.,...:-,~
'C" ""/_,.,\_^
<,><_>1}-':.,' ,
~ -, _ ': :<,,';':', ';:,'(<':".;n,..._ -".C'
/:~.:-';:: - :,':~:~,.t~i,(~~~~:jJi~iL'.",.:. - ; s,-l~~:{f' .',',., -.
r-
j
.
-
':III
4
--..
~
...
....
-
lIII
.!ii
III
II
Solutions
for Business SM
I..
&iiI
-
.
I
~
=-
=iiiiiiiiiiii
;...'..-J....
'1,~ .
g
-
M~
~.
"
IT...
~
-1
~~I
1
~r
J
Coopers
& Lybrand
_fied public accountants
in principal areas of the world
1100 louisiana, Suite e
Houston, Texas nOO2
management consulting
services division
telephone (713) 757-5200
facsimile (713) 757-5249
May 12, 1992
Mr. Robert Herrara
City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572
Dear Mr. Herrara:
Coopers & Lybrand is pleased to have the opportunity to present this proposal for a market
study, for your internal use, for a proposed hotel to be located in La Porte, Texas. We
believe this proposal demonstrates our understanding of your needs and our sincere interest
in effectively responding to them. We believe that our firm's industry experience and
thorough understanding of the project specifics provides us with a unique insight into the
project, and will allow for quick and efficient focus on the project's key issues.
This letter summarizes our understanding of the study objectives, our approach, the
engagement team, duration, fees and expenses, and certain terms and conditions of our
work.
OUR UNDERSTANDING
It is our understanding that the City of La Porte is analyzing the potential development of
a new hotel on a site at Sylvan Beach.
The proposed hotel is intended to serve the needs of the local La Porte business community,
which has expressed strong interest in a hotel facility. The hotel will also serve the needs
of the other visitors to the La Porte area. The proposed hotel will be owned by local La
Porte investors and managed by Sunbelt Hotel Corporation. While the individual
commercial market is expected to be a principal demand source for the hotel, demand must
be supplemented by commercial groups and leisure travelers.
The specific focus of this engagement will be to concentrate on evaluating the attainable
demand levels and prospective financial performance of the proposed hotel.
I
,
,
I
I
I
I
.
I
I
-
~
_ 4
-- -.
-~
e
e
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 2
Specifically, we understand you require advisory services to:
~ Analyze and profile the market with respect to potential demand for
lodging accommodations, including:
~ ~ individual commercial travel;
~ ~ local and regional meetings; and,
~ ~ leisure demand.
~ Assess the competitive supply of hotels for each of the relevant
demand segments;
~ Analyze historical operating information for hotels of similar size and
rate structure and catering to similar markets;
~ Estimate levels of occupancy and average daily rates for the subject
hotel;
~ Estimate the attainable financial performance for the subject hotel;
and,
~ Prepare a written report summarizing the findings.
OUR APPROACH
The approach we have formulated for this project is designed to leverage the strengths of
our consulting team to provide the City of La Porte with the most effective and cost-efficient
recommendations. We will utilize our in-house databases and our knowledge of the hotel
industry to streamline the engagement, while staffing the project with proven professionals
to ensure the highest quality standards. To accomplish these objectives, our advisory
services will include the following steps:
~
--. Proiect Bacqround. Site and Market Overview
~ -.
---'18
~ CI
~
- --.
--",---
~
Meet with you and your associates to clarify and expand upon our
understanding of the project and your objectives for the study.
:.
.
II
.
.
.
.
.
.
.
.
.
e
e
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 3
~ Study your preliminary development plans and prepare a preliminary
evaluation of the project's merits.
~ Evaluate the Sylvan Beach site as to its suitability for hotel use. This
evaluation will encompass those factors affecting market support for
the hotel, but will not address any environmental or zoning issues.
~ Review the economic and demographic characteristics of the area for
trends which affect the hotel industry.
~ Determine those hotels which would compete with the subject hotel
and evaluate their market positions and competitive strengths and
weaknesses for each of the identified market segments: individual
commercial, group commercial and leisure.
~ Evaluate the current supply of hotels in the area with regard to:
~ ~ Name/Chain Affiliation
~ ~ Location
~ ~ Size (guest rooms and meeting facilities)
~ ~ Annual Occupancy and Average Daily Rates
~ ~ Market Position and Orientation
~ ~ Quality and Scope of Facilities/Amenities
---"-
~
Investigate, to the extent such information is available, any planned
hotel additions or expansions. This investigation will address the
development's progress, anticipated size, type, class, chain affiliation,
facilities and timing, plus an assessment of the project's likelihood of
completion.
- .
=
.
Facility Recommendations
\II
~ Interview managers at competitive hotels regarding the market in
general and their individual hotel facilities and market positions.
-;jI
~ Develop recommendations as to:
~
~~
the number of guest rooms and suites;
~
~
-:I
.
=-r
e
e
;-
!&
~-
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 4
~
iiiiiiiiiiiiii
-
-\-
....
the size and configuration of food and beverage facilities and
public spaces;
the scope and quality level of facilities and amenities best suited
to capture market demand; and,
potential chain affiliations best suited to capture the available
and potential hotel demand.
-
~
....
....
- ~-
.
.
.
.
.
.
.
I
.
.
.
.
.
Demand Analysis and Estimated Utilization
.. Analyze the historical and current demand by market segment for
hotel rooms in the area, and estimate future changes in market
demand.
.. Analyze the competitive strengths and weaknesses of the proposed
hotel relative to each of the competitive hotels.
.. Estimate the subject hotel's market penetration by segment.
.. Estimate the subject hotel's annual occupancy and average daily rates
for the first ten full operating years.
.. Meet with you to discuss our findings and recommendations, and to
address specific assumptions upon which the financial analysis will be
based.
Financial Analyses
.. Prepare financial analyses for the proposed hotel for the first ten full
operating years. Schedules will be presented in both inflated and
constant dollars and will conform to the Uniform System of Accounts
for Hotels.
.. Meet with you and your associates to discuss the results of the financial
analyses.
Written Report
.. Prepare a written report summarizing the results and conclusions of
our market study and financial analyses.
.
.
I
.
.
.
.
.
.
.
.
.
.
I
.
.
I
"
.
e
e
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 5
In developing this analysis, we strongly believe that our past experience with this particular
type of project, coupled with our extensive experience in the hotel industry will allow us to
quickly and efficiently address many of the specific tasks set forth above.
COOPERS & LYBRAND TEAM
The engagement team will be lead by Thomas Lattin, Director of the National Hospitality
Industry Consulting Group, and Lamont Meek a Susan Eby-Pong, Senior Associates in the
National Hospitality Industry Consulting Group. These individuals will be assisted, as
needed, by staff from our Coopers & Lybrand offices. Qualifications of selected team
members are enclosed.
DURATION. FEES AND EXPENSES
We are prepared to commence this engagement within one week of your acceptance of the
proposal. Assuming we are able to promptly collect the necessary information from you and
your associates, we anticipate providing you with a draft report within eight weeks.
Our fees are based on the hours and staffing levels necessary to complete the engagement
according to the scope of services described. Any modifications to the scope of services set
forth in this proposal could result in an increase or decrease to the level of staff or fees.
Total professional fees for this engagement are expected not to exceed $18,000.
Reimbursable expenses such as travel, computer time and report preparation will be billed
separately, but are estimated not to exceed $2,000. Professional fees and expenses must be
paid in full prior to the release of our report. In accordance with our Firm's policy, we will
require a retainer in the amount of $10,000 to begin work on this engagement. Invoices for
services rendered will be presented monthly. The retainer amount will be applied against
the final billing.
We expect this study to be successfully completed in full. However, in the event that a
decision not to proceed occurs prior to full completion of the scope of services set forth, our
fees would be pro-rated on a ratio of actual hours expended to total hours estimated for the
project.
e
e
-
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 6
..,-
TERMS AND CONDITIONS
Our advisory services will not ascertain the legal or regulatory requirements applicable to
this project such as governmental regulations, permits and licenses. Further, no effort will
be made to determine the possible effects on this project of present or future federal, state
or local legislation including environmental or ecological matters or interpretations thereof.
Our advisory services will be based on the scope of work defined herein. We cannot be
held responsible for marketing efforts and other management actions on which future
performance of the hotel will depend.
- -
The report and financial information will be based on estimates, assumptions and other
information developed from our research of the market, knowledge of the industry and
meetings with you and your associates during which we will be provided with certain
information. Information will be gathered from a variety of sources and will include
opinions and impressions for which we cannot be responsible. All information provided to
us will not be audited or verified and will be assumed to be correct. The sources of
information and the bases of the estimates and assumptions will be stated in the appropriate
sections of our report. Some assumptions inevitably will not materialize and unanticipated
events and circumstances may occur; therefore, the actual results achieved during the
analysis period will vary from those described in the report, and the variations may be
material.
-
~
.
I
.
.
I
I
II
I
-
I
We will have no obligation to update our report for events and circumstances occurring after
the date of our report. However, we will remain available to discuss the need for revision
should the occasion arise.
Coopers & Lybrand will make no representation or warranty as to the accuracy or
completeness of the information contained within any presentation we might produce in
conjunction with this engagement, including any estimates, and shall have no liability for any
representations (expressed or implied) contained in, or for any omissions from, our
presentations.
Our report and the financial analyses contained therein are intended solely for your internal
use and should not be relied upon for any other purpose, or by any other entity. Neither
the report nor their contents may be used or quoted in any offering circular, loan document,
registration statement, prospectus, sales brochure, appraisal or other agreement or
document.
I
I
II
I
.
.
.
.
.
.
e
e
Mr. Robert Herrara
City of La Porte
May 12, 1992
Page 7
In the event that the City of La Porte would require our report and the prospective financial
information for use with third parties or to include within a financing or public offering
document, we will discuss the matter with you and structure an appropriate scope of work
that will allow such use.
ACCEPTANCE
To authorize us to initiate this scope of advisory services, please execute one copy of this
agreement and return it to Tom Lattin together with a retainer check in the amount of
$10,000 which will be applied against our final billing.
Thank: you for inviting us to propose on this engagement. We look forward to working with
you on this important project.
Very truly yours,
{!;;tJpM V- ~~
- .
COOPERS & LYBRAND
L
- .
BJH/mp
_L
cc:
Tom Lattin
Lamont Meek
Susan Eby-Pong
..
--~
.
.
ACCEPTED: CITY OF LA PORTE, TEXAS
__4
..
By:
Title:
..
Date:
...
--L
...
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
e
e
THOMAS W. LATTIN
Director
Houston
Mr. Lattin is Director of Coopers & Lybrand's National Hospitality Industry Consulting
Group. The Group provides development guidance, financial advice, operational
management services and general consulting services to financial institutions, corporations,
law firms, public agencies and developers.
Mr. Lattin brings over 25 years of hotel operational and development experience to the
Firm. He served as President of a Houston based hotel corporation for seven years. During
that time, the company grew from two to twenty-five hotels including Marriott, Hilton,
Sheraton and Holiday Inn properties. Mr. Lattin was responsible for the operation of all
corporate managed hotels. Prior to joining Coopers & Lybrand, Mr. Lattin was the National
Director of Hospitality Industry Advisory Services for another major accounting and
consulting firm.
Mr. Lattin's consulting specialization includes:
. Operational counseling for owners and investors of hospitality real estate with
emphasis on marketing and cash flow improvement;
. Acquisition, disposition and financing of hotels and hospitality industry real estate;
. Negotiation of management, development and technical service agreements;
. Litigation services including expert witness testimony for hospitality industry related
cases;
. Strategic and organizational planning;
. Development consulting; and,
. Management information and operational control systems.
Mr. Lattin has lectured at Cornell University, the University of Houston, Michigan State
University, Florida International University and the Centre International de Glion in
Montreux, Switzerland. He has been a frequent speaker on hospitality industry subjects to
such organizations as Holiday Inns Worldwide, Hotel Ezra Cornell and the American Hotel
and Motel Association. He has authored articles published in the Cornell Ouarterly, is a
regular columnist for Hotel and Motel Management magazine and was a contributing editor
to Modern Hotel and Motel Management, third and fourth editions. Mr. Lattin is a
member of the American Institute of Certified Public Accountants and also the International
Society of Hospitality Consultants (ISHC). He is a past president of the Cornell Society of
Hotelmen, Houston Chapter, and a former board member of the Houston Convention and
Visitors Bureau.
Mr. Lattin received both a B.S. and a Masters degree from Cornell University, School of
Hotel Administration and is a Certified Public Accountant.
L
L
T
T
T
I
T
I
I
I
I
-[
[
[
[
[
[
[
[
L
e
e
SUSAN T. EBY-PONG
Senior Consultant
Houston
Ms. Eby-Pong's experience includes engagement planning, direction and quality assurance
reviews for a variety of large, complex, unique and unusual projects, including:
Hotel and Real Estate Projects
. Market Studies and Overviews for virtually all hotel types and major chains including
domestic and international resorts and executive conference centers, as well as for
marinas, restaurants and night clubs, and for residential, commercial and mixed-use
real estate developments.
. Reconcepting and Financial Restructuring Studies for a diverse mix of hotels
including the Astro Village Hotel Complex (Sheraton Astrodome) and the Warwick
hotel.
. Valuations. Appraisals and Review Appraisals for hotels, hotel sites and mixed-use
projects, including the J.W. Marriott Hotel in Houston, the Sheraton Dallas Hotel
and San Jacinto Center in Austin.
. Liti~ation Support Projects involving damage estimates for a variety of income-
producing properties for lending institutions, and property owners.
Financial Analyses
. Economic Impact Studies for hotels and municipalities.
. Financial Analyses and Business Plans for start-up companies in health care, retail
and agriculture.
. Loan Portfolio Analyses of real estate holdings for public stock offerings, lending
institutions and the FSLIC.
Ms. Eby-Pong's prior experience includes over five years of consulting with Laventhol &
Horwath as well as operations experience in hotels, country clubs and convention and trade
show planning.
Ms. Eby-Pong graduated from Cornell University with a B.S. degree with distinction in
Hotel Administration. She has co-authored articles in Texas Tourism Trends published by
Texas A&M University, 1989 and 1990 editions, and authored Laventhol & Horwath's
Houston Lodging Perspective. 1989-1993. She has been a frequent guest lecturer at the
University of Houston and in 1989 was named to Who's Who in the Lodging Industry.
I
I
I
.
.
II
.
e
e
LAMONT L. MEEK
Senior Associate
Dallas
Mr. Meek has five years hands-on experience with two major hotel corporations as well as
five years as a practice leader in the Dallas and Houston offices of another international
accounting and consulting firm.
Areas of special competence include:
- --
. Hotel, resort, conference center and public assembly market and feasibility studies;
. Hotel and restaurant operational analysis;
. Hospitality valuation studies;
. Lodging facility evaluations;
. Hotel management contract evaluations;
. Hotel/motel franchise evaluations; and
. Hotel acquisition/disposition analysis.
-
- --. Summary of major projects:
.
Sheraton New Orleans Hotel Exhibition Center: Hotel Conference Center and
Health Club - AdClition analysis with financial information.
New Orleans Hilton Hotel & Towers - Market study with financial information.
Hyatt Regency Dallas Hotel - Comprehensive market study.
Hyatt Regency DFW Hotel - Comprehensive market analysis.
Hyatt Regency Fort Worth - Comprehensive market analysis.
Clarion Hotel-New Orleans - Valuation.
-.
L
.
.
.
.
.
-.
T
r
[
[
[
[
r
r
Mr. Meek received a BBA in Finance from the University of Kentucky. His professional
and community activities include the American Hotel & Motel Association, Hotel/Motel
Association of Greater Dallas, Tarrant County Hotel Association, Dallas Hospitality
Accountants Association, Greater Dallas Chamber of Commerce, North Texas Commission.
THE NEWSPAPER FOR THE LODGING INDUSTRY
Profiling The Ideal Management Company
Thomas
Latti n
What would be your profile of
the ideal hotel-management
company of the 1990s? I posed this
question to several of Coopers &
Lybrand's institutional clients
that have hotel portfolios.
Flexibility is often viewed as a
given by lenders, particularly as it
relates to short-term performance
standards, owner approvals and
incentive-driven fees. Profit
turnaround capability and a quick
response when the owner has a
problem also are desirable.
A management company that
shares ideas, offers advice anef
makes decisions with the owner,
not unilaterally, often scores high
marks with owners. Also, one that
has respect for the owner and real-
izes that the owner is boss will
have a leg up on its competitors.
Owners ask that management
companies report both the good
and bad news as it occurs. Thus, a
prompt, neat, monthly financial
report with a narrative critique of
operations can be a big plus. Also,
owners want to be called; they
don't want you to wait for them to
call. But when owners do call, they
expect to talk to the boss, not to
voice mail. Owners like companies
whose boss is accessible and
returns phone calls the day they
are made.
Taking the responsibility to
generate a positive cash flow was
mentioned by almost all the execu-
tives surveyed. The companies
that hold themselves accountable
for generating profits, not just
· reporting revenues and expenses,
stand out from the field.
Experience is another key fac-
tor; owners do not want their
hotels to be managed by fledglings
just learning the business. They
like companies that have success-
ful track records with similar
hotels. A management company's
experience as an owner or prior
owner of hotels can be a plus or a
minus, depending on the owner.
Size is becoming more impor-
tant. Owners like knowing that if
a company loses a few contracts, it
won't go out of business. (Size also
is associated with purchasing and
marketing clout.)
Creativity is desirable, too.
"Systems, policies and procedures
are important," noted one lender,
"but creativity separates the real
managers from the custodians."
Willingness To Participate
While institutional owners don't
usually need management compa-
nies to fund working capital, oper-
ating shortfalls and capital
improvements, a management
company's willingness to partici-
pate in the hotel's cash needs can
go a long way toward establishing
credibility with the owner.
Conversions, repositioning and
brand production are common
agenda items at ownership meet-
ings. Management companies that
provide both superior manage-
ment and a new brand name for
the same management fee as their
competitors' clearly offer a point of
difference.
The ability to facilitate the
eventual disposition of the hotel in
a timely manner and at a favor-
able price is another valued
attribute. Experience with rep-
utable brokers is very important
to institutional owners.
Three management-company
attributes considered by owners to
be less important in today's envi-
ronment are: training and recruit-
ing (owners don't think they're
going to own the hotels long
enough to reap benefits here), f&b,
and development services, includ-
ing interior-design capabilities.
If you're a management compa-
ny, how do you match up with this
profile? If you're a hotel owner, how
does your management company
rate? My next column will focus on
how to select the best management
company for your hotel.
Thomas Lattin is director of the
Houston-based National Hos-
pitality Industry Consulting
Group of Coopers & Lybrand, an
accounting and consulting firm.
@Reprinted from HOTEL & MOTEL MANAGEMENT, March 1992
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
Department: Parks & Rec.
Report
Resolution
x Ordinance
Exhibits: REQUEST FOR PROPOSAL #0041
SUMMARY & RECOMMENDATION
Request for Proposals were sent out to twelve (12) concessionaires for Sylvan Beach
Pavilion. Proposals were received from two (2) companies. Las Hadas Mexican
Restaurant came in with the high bid, at 20.5% commission on sales at the Pavilion.
Price list is attached to proposal.
Action Required by Council:
Authorize City Manager to sign contract between City of La Porte and Las Hadas
Mexican Restaurant for operating concessions at Sylvan Beach Pavilion.
Availability of Funds:
General Fund
_ Capital Improvement
X Other
_ Water/Wastewater
_ General Revenue Sharing
Account Number: N/ A
Funds Available: YES
NO
ApDroved for City Council Agenda
Q~~ T. ~
Robert T. Herrera
City Manager
s \ \~ \q1..
Date
e
e
ORDINANCE NO. 1843
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND LAS HADAS MEXICAN RESTAURANT, INC., FOR CONCESSIONS
AT SYLVAN BEACH PAVILION; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such sigodtures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of May, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
-://< )
~
e
e
NOTICE TO OFFERERS
SEALED PROPOSALS ADDRESSED TO THE CITY SECRETARY OF THE CITY
OF LA PORTE, HARRIS COUNTY, TEXAS, AND MARKED "R.F.P. # 0041" WILL
BE R~CEIVED AT THE CITY HALL, P.O. BOX 1115,604 W. FAIRMONT PARK-
WAY, LA PORTE, TEXAS, 77572, UNTIL 4:00PM, APRIL 6, 1992, FOR FOOD,
BEVERAGE AND CONCESSION ITEMS AT THE CITY OF LA PORTE SYLVAN
BEACH PAVILION.
PROPOSALS SHALL BE OPENED SO AS TO AVIOD DISCLOSURE OF CON-
TENTS TO COMPETING OFFERORS. ALL PROPOSALS THAT HAVE BEEN
SUBMITTED SHALL BE OPEN FOR PUBLIC INSPECTION AFTER CONTRACT
AWARD. CONFIDENTIAL INFORMATION CONTAINED IN THE PROPOSALS
SHALL NOT BE OPEN FOR PUBLIC INSPECTION.
EACH PROPOSAL MUST BE SUBMITTED IN DUPLICATE AND BE ACCOMPA-
NIED BY A CERTIFIED OR CASHIER'S CHECK, OR BID BOND IN THE AMOUNT
OF $1,000. FORMS FURNISHED BY THE CITY OF LA PORTE MAY JlE OB-
TAINED WITHOUT DEPOSIT FROM THE CITY SECRETARY. THE 'CITY RE-
SERVES THE RIGHT TO REJECT ANY AND/OR ALL PROPOSALS, TO WAIVE
ANY AND ALL TECHNICALITIES, AND TO ACCEPT ANY PROPOSALS OR
PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOST
ADV ANT AGEOUS TO THE CITY.
~~
CITY OF LA PORTE
CHERIE BLACK - CITY SECRETARY
'.
e
e
RFP # 0041
SPECIFICATIONS
FOOD, BEVERAGE AND CONCESSION ITEMS
SYLVAN BEACH PAVILION
INTENT: To secure an agreement for the refreshment concessions at the Sylvan Beach
Pavilion.
1. All proposals must be on the form contained herein, signed in the space provided and ac-
companied by a surety bond, celtified or cashier's check in the amount of $1,000 and
made payable to the City of La Porte and included in a sealed envelope marked "Sylvan
Beach Pavilion- R.F.P. # 0041."
2. Letters of transmittal, fillimcial statements and evidence of performance ability required
to be submitted must not conflict with any of the conditions or specifications.
.-'
3. The City reserves the right to accept or reject any or all proposals. The City Council of
the City of La Porte shall be the sole judge as to the best qualified offeror to serve in the
best interests of the public and may waive any informalities or technical errors that, in its
judgment, will best serve those of interest.
The following criteria will'be used by the City to evaluate the proposals and to make a
selection:
1. Experience in the concession field.
2. Strength of financial condition.
3. Monthly percentage of gross sales proposed.
4. Price, size and content of items to be sold.
5. Equipment to be installed.
6. Ability to meet all other conditions specified.
4. In signing this proposal, the offeror agrees that he has, or they have carefully examined
the site of the concessions, the conditions and specifications, and understands the mean-
ing, intent and requirements of same and agrees further to enter into a written contract to
furnish the items and services called for in strict conformity with all requirements con-
tained herein or forfeit bid surety.
5. Each offeror shall submit a copy of their most recent audited financial statement on a
form furnished herewith and a statement showing: (a) operating experience; (b) present
concession operations; (c) present other operations; (d) gross revenues; (e) business ref-
erences; (f) other qualifications. Each offeror must have actively engaged for a period of
at least one (1) year in the operation oCthe food and beverage business such as is con-
templated by these qualifications, and to have the ability to serve at least 750 persons at
anyone time.
The offeror, having familiarized himself with the notice to offeror, offeror's proposal
form, specifications, plans and form of agreement in connection with the refreshment
concession at the Sylvan Beach Pavilion, La Porte, Texas, hereby proposes to furnish the
services and the payment set forth herein according to said Notice to Offerors.
e
e
RFP # 0041
In further and full consideration of the exclusive concession lease (subject to the right of
City to allow food service by approved caterers in addition to Concessionaire), granted
by the City by and under said Offerors, the subscriber agrees to pay to the City of La
Porte, after first deducting from gross receipts any Federal, State, Municipal or other
governmental body taxes, import, duty or fee which shall constituie a direct charge or
imposition on sales, (but not including ad valorem taxes, and taxes based on income or
employee wages, and like taxes), the percentages which the subscriber shall set forth in
his offer, upon the aforementioned gross sales. It is understood that reports of gross
sales shall be made monthly with said repOlts made to the City of La POlte. All pay-
ments shall be made monthly, payable to the City of La Porte and delivered to the Direc-
tor of Finance, or his designee, of the City of La Porte.
Concessionaire agrees to pay the City a monthly rate not less than or greater than the fol-
lowing:
i&.S~rcentage of gross sales of food and beverages, and any and all other items sold
by Concessionaire at Sylvan Beach Pavilion. ./
.-'
Further, as part of its bid, Concessionaire agrees to charge to the public the retail prices,
exclusive of any sales tax, as shown on Exhibit "Price List" attached hereto, incorporated
by reference herein, and made a part hereof for all purposes.
The following is the full name and address of the person, firm or corporation interested
in this proposal:
NAME ADDRESS
WjrD~~Mq~CAtd fuTOJJ.ffu\JT 1-:r::./vC'9-Dl{ U;fS;f FU~t-ryll.uU" nx~~w<<..~
l-~ p,)~ "t'e,-( G,,)c4-S.
(State of Corporation)
--rt-l<4-5.
(If not a corporation, state the form of business, whether proprietorship, partnership, or
otherwise, and give names of all partners and their addresses.)
Also attached hereto and made a palt hereof is Concessionaire's Statement of Qualifica-
tion under Paragraph 5 of Instructions to Offerors.
SPECIAL CONDITIONS AND SPECIFICATIONS
1. EXECUTION OF CONTRACT: The Contract shall be signed and returned by the suc-
cessful offeror, together with the contract bond and celtificates of insurance within ten
(10) days, not including Sundays, after the offeror has received notice that the contract
has been awarded. No proposal shall be considered binding upon the City until execu-
tion of the contract.
Failure to execute a contract and file an acceptable bond, as provided herein, within (10)
days, not including Sundays, after the offeror has received notice that the contract has
been awarded, shall be just cause for the cancellation of the award and forfeiture of bid
bond surety.
2. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise
dispose of the contract, or any part thereof, to any person, partnership, company or cor-
poration without prior written consent of the City of La Porte.
3. LAWS AND ORDINANCES: The contractor shall procure all permits and licenses, pay
all charges and fees necessary and incidental to the due and lawful conduct of the ser-
vices. He shall keep himself fully informed of all existing and future National, State and
Local laws, ordinances and regulations which in any manner affect the fulfillment of the
contract and comply with same.
e
e
RFP # 0041
Concessionaire must have the ability to, and obtain from, the Texas Alcoholic Beverage
Commission, a temporary beer and wine permit, for each event, as required by the Pavil-
ion monthly work calendars or the Marketing Coordinator, of the City of La Porte. After
the first year of this contract, the Concessionaire will have the option of obtaining the ex-
clusive temporary mixed drink permit as well as the beer and wine permit.
Contractor will be responsible for any and all additions and/or changes in equipment de-
sign and layout necessary to comply fully with local Health and Fire Department regula-
tions. Additional electrical service, plumbing or drain lines shall be approved by the
City of La Porte, prior to planning installation. Actual installation shall be according to
all applicable State laws, regulations and ordinances of City of La Porte. Contractor
must also provide approved filters for any and all exhaust systems that may be utilized or
installed.
4. INDEMNIFICATION AGREEMENT: City and Contractor shall enter into an "Indemni-
fication Agreement" in form attached hereto as Exhibit "A", incorporated by reference
herein, and made a part hereof for all purposes.
.../
5. INSURANCE: Contractor shall maintain in effect at all times, insurance coverages as
enumerated in "Indemnification Agreement" in form attached hereto as Exhibit "A" , in-
corporated by reference herein, and made a part hereof for all purposes.
6. CONTRACT BOND: A Business Service Bond covering every and all requirements of
the contract, in the amount of $10,000 shall be furnished concurrent with the execution
of the contract. In lieu of a bond, a negotiable Certificate of Deposit from a bank in Har-
ris County, Texas, or a Letter of Credit from a bank in Harris County, Texas may be fur-
nished.
7. TERM OF CONTRACT: The term of the contract will be for a period of four (4) years,
with an option for the Cit~ to renew for a total of three (3) additional years.
8. AUTHORITY OF THE FACILITY MANAGER: The City of La Porte shall decide any
and all questions which may arise as to the acceptability of services rendered and as to
the manner of performance; all questions which arise as to the interpretation of the con-
ditions and specifications, and all questions as to the acceptable fulfillment of the con-
tract. The City shall also have the authority to allow certain groups to obtain temporary
liquor or beer and wine licenses from the Texas Alcoholic Beverage Commission under
special circumstances.
9. SUSPENSION OF THE CONTRACT: If at any time, in the opinion of the City of La
Porte, the Concessionaire has failed to render services of proper quality, or has failed in
any other respect to perform as specified and intended in and by the terms of the con-
tract, notice thereof in writing will be served upon him; and should he neglect or refuse
to provide means for a satisfactory compliance with the agreement, as directed by the
City of La POlte, within the time specified in such notice, the City shall have the power
to suspend the operation of the contract. Upon such suspension, the Concessionaire's
control shall terminate and thereupon the City Council of the City of La Porte or its duly
authorized representative may employ other pallies to carry the contract to completion in
such manner as the City Council may deem proper. Any excess cost arising therefrom
will be charged against the contractor and his sureties, who will be liable therefore. In
the event of such suspension and cancellation, all money due the contractor or retained
under terms of the contract shall be forfeited to the Pavilion, but such forfeiture will not
release the contractor or his sureties from liability for failure to fulfill the contract. The
contractor and his sureties will be credited with the amount of money so forfeited toward
any excess cost incurred, arising from the suspension of the contract and the completion
of it by the Pavilion as provided, and the contractor will be credited with any surplus re-
maining after all just claims for such completion have been paid.
In determination of the question whether there has been any such noncompliance with
the contract as to warrant the suspension of annulment thereof, the decision of the City
e
e
RFP # 0041
with the approval of the City Council of the City of La POlte, shall be binding upon all
parties to the contract.
10. PUBLIC USE OF THE PAVILION: The attention of prospective offerors is directed to
the fact that the Pavilion is primarily for the use of the public for the purpose of attend-
ing conventions, trade shows, entertainment features, exhibits, social functions and other
types of events usuaIly held in such a building. The public's rights to such use shall not
be infringed upon by any activity of the Concessionaire. The responsibility of the Con-
cessionaire shall be to render service to the public in a dignified manner. No undue pres-
sure, persuasion or hawking shall be done in any attempt to influence the public to use
the service of the Concessionaire.
11. LIMIT A TIONS ON OPERATIONS: The Concessionaire shall not infringe upon cater-
ing operators within the building. This concession contract shall be limited to service
from the specified stands, or use of vendors when authorized. The Concessionaire shall
have the right to seek approval as a caterer, under prevailing standards for caterers to be
adopted by the City of La Porte. It is anticipated that the City will approve a number of
caterers, serving a variety of food types, at a percentage of gross receipts-t6be deter-
mined by City Council of the City of La Porte. The choice of caterers shall be at the
election of Lessee of the Pavilion.
The Concessionaire shall not interfere with the free distribution of food or drinks or any
other items of any nature. Free samples may be given away at trade shows and exhibi-
tions; and free food and beverages may be distributed by conventions at the discretion of
the City of La Porte.
The Concessionaire will be required to suspend or modify operations upon the request of
any Lessee, as approved by the City of La Porte, when it is in the best ipterest of the
Lessee, or to comply with the terms of any agreement between the City and a Lessee.
12. FACILITIES AND EQUIPMENT: Prospective offerors are invited to inspect the loca-
tions and equipment and may do so during working hours by contacting the Marketing
Coordinator of the City of La POlte, at 470-1381.
The Concessionaire will be responsible for maintaining the assigned premises and equip-
ment in good repair and the replacement of any equipment damaged or missing through
his operation. The cost of installing any new or added equipment, when approved by the
City of La Porte, will be borne by the Concessionaire and such equipment will be his
property. At the termination of the contract, the Concessionaire may remove his own
equipment, but will be responsible for leaving the premises in their original state of re-
pair, less normal wear and tear, or replace or reimburse the City for any damaged or
missing equipment assigned to him. This will be done to the satisfaction of the City of
La POlte, prior to releasing the Concessionaire of his sureties from obligation.
City of La P01te shall furnish a stand location, with utility connections as now exist.
Concessionaire shall be responsible for drawing any and all additional connections to the
inner area of the stand and making all equipment connections to the inner area of the
stand and making all equipment connections in accordance with all building and health
codes, laws, statutes and ordinances.
13. UTILITIES: The City of La Porte will pay normal utility bills in connection with con-
cession operation, excluding telephone service.
14. ITEMS OF SALE: Price, size and content of all that is sold will be approved in writing
by the City of La Porte. Chewing gum and tobacco products shall NOT be sold. All
drinks must be served in plastic or paper cups.
Initial pricing shall be in accordance with Exhibit "Price List" attached hereto. The Con-
cessionaire may add, delete or make price adjustments from time to time, provided each
e
e
RFP # 0041
item and price thereof is approved, in writing, by the City of La Porte.
No food, ice or other items may be cooked, prepared or bagged for sale or use at any fa-
cility other than City of La POlte owned facilities.
15. PRODUCT QUALITY AND BRAND. Quality of all products is to be of prime consid-
eration in the operation of this concession contract. Food, once heated, shall not be re-
heated at a later time and offered for sale to the public. A system shall be employed in
order to maintain properly sealed products and ensure product freshness at the time it is
served.
16. JANITORIAL SERVICE AND CLEANING. Concessionaire must pass Health Depart-
ment Inspections. Equally binding upon the Concessionaire are inspections conducted
by the Marketing Coordinator of the City of La Porte, of the facilities as deemed neces-
sary or desirable. The concession stand must be cleaned at the close of each event in
order to prevent the accumulation and spoilage of food residue. Each concession area
must be thoroughly cleaned and sanitized within 24 hours of operation when not in con-
tinuous use. Any and all tables used for any reason must also be cleaneq;lffer each
event.
17. UNIFORMS. All employees of the Concessionaire shall be neatly attired in clean,
matching uniforms, as approved by the Marketing Coordinator of the City of La Porte,
identifying the Concessionaire. Hawkers shall prominently and professionally display
the prices of the products being sold. Each employee shall be properly identified with
name andlor numbered badge.
18. SIGNS. The number, size, and working location of advertising signs, except for identifi-
cation signs within the concession areas, must be approved by the Marketing Coordinator
of the City of La Porte. .
19. BID FORM AND ACCOUNTING. Proposal shall be based on a payment to the City of
a percentage of the gross receipts exclusive of sales tax.
Further, no proposal will be considered unless it is accompanied by: a resume of experi-
ence in the field contemplated; a list of any proposed additional equipment to be installed
and business credit references, all to be filed on accompanying forms.
The Concessionaire shall remit commissions due the City no later than ten (10) days fol-
lowing the month for which sales have been made along with reports of gross sales. Any
payments postmarked after the specified date will incur a late charge of 10% of the bal-
ance due. After payment is one month late, balance due will increase by 1 % each month
until paid in full. If, at any time, payments are 90 or more days in arrears, the City will
seek payment under the provisions of the contract bond.
The Concessionaire shall maintain accounting records in a manner acceptable to the Di-
rector of Finance, of the City of La Porte. These records shall include, but are not lim-
ited to, separate records of all sales and purchases made by and for the concession opera-
tion.
The City reserves the right to make periodic audits of the accounts and inspections of the
Concessionaire's operations.
20. CONCESSIONAIRE'S LOCATIONS. The City will furnish to the Concessionaire the
sole and exclusive right to the use of sales stands and storage space designated in the
Pavilion during the term of the concession granted. The Concessionaire shall have all
rights of necessary ingress and egress to these storage spaces and sales stands.
21. RIGHT OF ENTRY: The City, its officers, agents and representatives shall be permitted
to enter the said premises at all reasonable times of the day to examine the same or to
e
e
RFP # 0041
make such repairs therein as shall be deemed requisite by the City and may enter upon
and pass through and over said premises for the purpose of showing same to persons
wishing to lease the property. Keys allowing entry will be provided by the City of La
Porte.
22. DELIVERIES: Deliveries of all supplies, goods, wares, merchandise and equipment
shall be made at the service entrance of said building and a person under hire by the Con-
cessionaire will be on hand during deliveries to receive materials.
23. VENDING MACHINES: Placement and location of vending machines shall be made
with prior approval of the Marketing Coordinator of the City of La Porte.
24. CONCESSION EQUIPMENT: Each offeror shall submit, with his bid, a complete list
of equipment he proposes to furnish for the concession operation, stating brand names,
model numbers, quantity, year of manufacture and other identifying data to properly out-
line his proposed operation layout.
25. INSTALLATION OF EQUIPMENT: Successful offeror shall have completed installa-
tion of all his equipment and be completely operational no later than May 21, 1992.
26. CONCESSION EMPLOYEES: Concessionaire's employees at the Pavilion shall have
working knowledge of preparing and serving food to the public, no less than two (2)
years of bartending experience and shall remain current with the T.A.B.C. Seller Train-
ing Certification. The City of La Porte shall have access to references and verification of
certification of all prospective concessions employees. A concessions manager, em-
ployed by Concessionaire shall be provided in a local office during normal business
hours to serve clients and potential clients of the Pavilion. All employees shall conduct
themselves professionally both in appearance and actions to the satisfac!ion of the Mar-
keting Coordinator of the City of La Porte.
27. GENERAL: The services called for in this proposal shall be offered to the public at all
times that a reasonable demand for such services exists, during such times which the Syl-
van Beach Pavilion is open to the public and subject to the requirements set forth in the
proposal.
,
Where approval or direction of the City is required for items, prices or procedures not
specifically covered herein, such approval or direction will normally be made by the
City. Special promotional price or service changes will be allowed only following ap-
proval of the City of La Porte.
tit
e
RFP # 0041
STATEMENT OF OFFEROR'S QUALIFICATIONS
FINANCIAL STATEMENTS
Please attach to this application blank your most recent financial statement and a statement
of the amount of credit available to you with name of bank or banks.
OPERATING EXPERIENCE
Please state herein the number of years and the type of business operating experience which you
feel qualifies your company to operate the concessions referred to in the instructions to
applicants.
TYPE OF OPERATION
Mfti(tJllJ /!G5 TaU rltN T
YEARS
/~
LOCATION
\ \
;ttOt( !Uti S7 Pt:t I rtntJif
~ /-kri.w~
PRESENT AUDITORIUM OPERATIONS
Please list below, the auditoriums, coliseum arenas and other buildings where your company is
presently providing concession operations and how long you have been conducting such
operations.
LOCATION
Ii /1}
/
YEARS
LOCATION
YEARS
LOCATION
YEARS
PRESENT OTHER OPERATIONS
Please indicate below what other types of business operations you company is now operating,
and the location of each operatio~ you feel pmticularly qualifies your company to perform the
aforementioned concession operations for the Sylvan Beach Pavilion.
LOCATION
Lit&-re,7i
l;5/ltl<;1i
YEARS
I!J tje~r..5
,
YEARS
l:JyPd"S
LOCATION
YEARS
e
e
RFP # 0041
GROSS REVENUES
Please indicate below the approximate average gross annual revenues which you have developed
in the pas ~jh~e calendar years from food and drink business operations.
$ . (P&'. dJ/2 f)
REFERENCES
Please indicate here, the names and addresses of persons in management capacity for Lessor of
any of your operations for reference and recommendation.
NAME ADDRESS
liJRPj 1J1JiJ
OPERA TION
fJRfl<; ,4~e 1/a/r'oM-I/ltJJJ1-
/
kA- (} 1Jd~
NAME
~/\J
.f) ADDRESS OPERATION
~jJ!er Ln-/l;I2--r-e ~/,c
,/
./
117 (/tvHtU~~
OPERATION
J ~ /i~ 7? e~ tAc1;-e-
NAME ADDRESS
en JJ)jJ'tm.$b,J
NAME ADDRESS
W'iYley^--, /.../J-t#-7~
OPERATION
/~ t>>.c :;;;/ /)/:4Jh~
OTHER QUALIFICATIONS
Please indicate on attached sheets any other qualifications which you feel palticularly qualifies
your company to perform the concession operations set fOlth in the Instructions to Offerors.
The above records of this firm's operations are certified to be true and correct by the
signer of this application.
SIGNATURE:
N:L~ !hlJAS M,/c/jJ.J 1l~<<-rrJr/V7 ~/v'c-.
NAME OF FIRM SUBMITT
TITLE:
..
e
RFP # 0041
e
EXHIBIT "PRICE LIST"
FOOD
PRICE
Hot Dog
Chili Dog
Other types of sandwiches
Frito Pie
Pickle
Popcorn (32oz.)
Popcorn (.85 oz.)
Chips
Pretzels
Nachos
Candy
Peanuts
=J eo
:SO
~-
T.~
~.~O
J.. : ()~
=I.oD
.~
BEVERAGES:
,;/
Beer (16oz.)
Wine
Soft drinks (16oz.)
(24oz.)
(32oz.)
Other beverages ~ -I'> e... c....t:lC le r
;) ." .)
I. 7~
I.DO
/. $"11
;').f) U
1.7>
SET UPS:
Ice (16oz. bucket)
(32 oz. bucket)
(53 oz. bucket)
Paper cups
cJfee
~~
. ~~
e
e
STATE OF TEXAS S
S
COUNTY OF HARRIS S
./
."
INDEMNIFICATION AGREEMENT
THIS AGREEMENT, made this ~ day of (') ^J , 1992, by the
undersigned Contractor, (hereinafter refe~d' to as "Indemnitor"),
in favor of the City of La Porte, a municipal corporation, and
Harris County, Texas, and their respective legal representatives,
landlords, agents, employees, officers, and directors, (herein
collectively called the "Indemnitees").
In consideration of Indemnitees permitting the Indemnitor or its
agents, employees and representative (including subcontractors) to
enter upon and to place, construct or service equipment or material
upon premises owned or controlled by Indemnitees, and/or to use any
equipment owned or controlled by Indemnitees, Indemnitor agrees as
follows:
1.0 INDEMNITY. To the fullest extent permitted by applicable law,
Indemnitor shall and does hereby agree to indemnify, protect, hold
harmless and defend the City of La Porte, a municipal corporation,
and Harris County, Texas, and their respective legal representa-
tives, landlords, agents, employees, officers, and directors,
(herein collectively called the "Indemnitees") from and against all
claims, demands, damages, injuries, losses, liens, causes of action,
suits, judgments, liabilities, costs, and expenses, including court
costs and attorney's fees, of any nature, kind or description
(including without limitation, claims for injuries to or death of
any person, or damages to or loss of any property) of any person or
entity (including but not limited to employees, agents, and
subcontractors of Indemnitor, and their dependents, and personal
representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in
whole or in part), (a) the presence or activity of Indemnitor, its
employees, agents and representatives, (including subcontractors on
Indemnitees premises, (b) the condition of the Indemnitees premises,
the adjoining land, or any of the driveways, streets, or alleys used
in connection with the services of Indemnitor, (c) the use of any
equipment by Indemnitor on Indemnitees premises, whether belonging
to Indemnitor, Indemnitees, or otherwise, or the condition of said
equipment, or (d) any act or omission of Indemnitor, any
subcontractor, any of their respective employees, agents, servants,
officers, directors, partners, or anyone directly or indirectly
employed by Indemnitor or any subcontractor, or anyone that either
Indemnitor or any subcontractor controls or exercises control over
(herein collectively called the "Liabilities"). THE OBLIGATIONS OF
INDEMNITOR UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES
EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE
OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH
SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE.
e
e
Indemnitor shall promptly advise Indemnitees in writing of any
action, administrative or legal proceeding or investigation as to
which this indemnification may apply, and Indemnitor, at
Indemnitor's expense, shall assume on behalf of Indemnitee~ (and the
other Indemnitees) and conduct with due diligence and in~~ood faith
the defense thereof with counsel satisfactory to Indemnitees;
provided, however, that Indemnitees shall have the right, at its
option, to be represented therein by advisory counsel of its own
selection and at its own expense. In the event of failure by the
Indemnitor to fully perform in accordance with this Indemnification
Agreement, Indemnitees, at its option, and without relieving
Indemnitor of its obligations hereunder, may so perform, but all
costs and expenses so incurred by Indemnitees in that event shall be
reimbursed by Indemnitor to Indemnitees, together with interest in
the same from the date any such expense was paid by Indemnitees
until reimbursed by Indemnitor, at the highest lawful rate of
interest allowed under applicable usury laws of the State of Texas
(or if no maximum rate is applicable, at the rate of eighteen
percent (18%) per annum). This indemnification shall not be limited
to damages, compensation or benefits payable under insurance
policies, worker's compensation acts, disability benefit acts or
other employees' ~benefit acts. It is agreed with respect to any
legal limitations now or hereafter in effect and affecting the
validity or enforceability of the indemnification obligation under
this Section 1.0, such legal limitations are made a part of the
indemnification obligation and shall operate to amend the
indemnification obligation to the minimum extent necessary to bring
the provision into conformity with the requirements of such
limitations, and as so modified, the indemnification obligation
shall continue in full force and effect.
2.0 INDEMNITOR'S INSURANCE. Indemnitor shall, at its sole cost and
expense, maintain in effect at all times insurance coverages with
limits not less than those set forth below in the Schedule of
Insurance Coverages with insurance companies licensed to do business
in the State of Texas (with a Best's rating of no less than A) and
acceptable to Indemnitees and under forms of policies satisfactory
to Indemnitees. All such policies shall be written on an occurrence
(not claims made) basis.
Schedule of Insurance Coverages
Coverage
Minimum Amounts and Limits
(A) Worker's Compensation
Worker's Compensation
Employer's Liability
Statutory Limits
$500,000
The policy shall include a Waiver of Subrogation in favor of the
Indemnitees (as defined in Section 1.0 of this Agreement).
e
e
(B) Commercial General Liability
Bodily Injury
(Occurrence Basis)
$1,000,000 each occurrence, or
equivalent, subject to a
$1,000,000 aggregate a~p1icable
to the Project.
Property Damage
(Occurrence Basis)
$100,000 each occurrence, or
equivalent, subject to a
$1,000,000 aggregate applicable
to the Project.
This policy shall be on a form acceptable to Indemnitees, endorsed
to include the Indemnitees as additional insureds, contain a Waiver
of Subrogation in favor of the Indemnitees, and shall include the
following coverages:
( 1 )
( 2 )
( 3 )
( 4 )
( 5 )
( 6 )
Premises/Operations
Independent Contractors
Liquor and Product Liability
Broad Form Contractual Liability
but not limited to, the indemnity
Broad Form Property Damage
Personal Injury Liability with
exclusions removed
specifically in support of,
provisions contained herein
employee and
contractual
(C) Comprehensive Automobile Liability
Bodily Injury
Property Damage
$500,000 combined single limit
$500,000 combined single limit
2.01 Indemnitor's Equipment POlicy: Any such insurance policy
covering Indemnitor's or its subcontractors' equipment against loss
by physical damage shall include an endorsement waiving the
insurer's right of subrogation against the Indemnitees. Such
insurance shall be Indemnitor's and its subcontractors' sole and
complete means of recovery for any such loss. Should Indemnitor or
its subcontractors choose to self insure this risk, it is expressly
agreed that the Indemnitor and its subcontractors hereby waive any
claim for .damage or loss to said equipment in favor of the
Indemnitees.
2.02 Evidence of Insurance: Evidence of the insurance coverage
required to be maintained by the Indemnitor under this Agreement,
represented by Certificates of Insurance issued by the insurance
carrier, must be furnished to the Indemnitees prior to Indemnitor
commencing the Work. Such Certificates of Insurance shall specify
the additional insured status required by this Agreement, waivers of
subrogation, that all broad form general liability coverages are
provided and other requirements set forth in this Agreement, and
shall state that the Indemnitees will be notified in writing thirty
(30) days prior to the cancellation, change, reduction in coverage,
or non-renewal of such insurance at Indemnitees' address set forth
Ion the first page of the Agreement. Indemnitor shall provide to
Indemnitees a certified copy of any and all applicable insurance
e
e
policies upon request of Indemnitees. Renewal policies, if
necessary, shall be delivered to Indemnitees at least ten (10) days
prior to the expiration of the previous policy. None of the
requirements contained herein as to types, limits or Indemnitees'
approval of insurance coverage to be maintained by Inaemnitor is
intended to and shall not in any manner limit, qualify or quantify
the liabilities and obligations assumed by Indemnitor under the
Contract Documents or otherwise provided by law. In the event of
any failure by Indemnitor to comply with the provisions of this
Agreement, Indemnitees may, without in any way compromising or
waiving any right or remedy at law or in equity, on notice to
Indemnitor, purchase such insurance, at Indemnitor's expense,
provided that Indemnitees shall have no obligation to do so and if
Indemnitees shall do so, Indemnitor shall not be relieved of or
excused from the obligation to obtain and maintain such insurance
amounts and coverages.
2.03 Subcontractor's Insurance: Insurance similar to that required
of Indemnitor shall be provided by all subcontractors (or provided
by Indemnitor on behalf of subcontractors) to cover their operations
performed under the Contract Documents. Indemnitor shall be held
responsible for any modification in these insurance requirements as
they apply to subcontractors. Indemnitor shall maintain
Certificates of Insurance from all subcontractors, enumerating,
among other things, the waivers in favor of, and insured status of,
the Indemnitees, as required herein, and make them available to
Indemnitees upon request. The term "subcontractor(s)" for the
purposes of this Agreement shall include subcontractors of any tier.
2.04 Release and Waiver: Indemnitor hereby releases, and shall
cause its subcontractors to release, Indemnitees and the other
Indemnitees from any and all claims or causes of action whatsoever
which Indemnitor and/or its subcontractors might otherwise now or
hereafter possess resulting in or from or in any way connected with
any loss covered or which should have been covered by insurance,
including the deductible portion thereof, maintained and/or required
to be maintained by Indemnitor and/or its subcontractors pursuant to
the Contract Documents. Indemnitees hereby waives all claims
against Indemnitor for damages caused by fire or other perils to the
extent o~ the insurance proceeds which Indemnitees is entitled to
retain from the policies described in this Agreement.
3.0 COMPLIANCE WITH LAWS. Indemnitor, in performing any labor or
using any equipment of Indemnitees premises, as contemplated in this
Agreement, will fully comply and ensure that its agents, employees,
representatives and subcontractors conduct their activities on
Indemnitees premises in a manner which will fully comply with all
safety and health standards established by any applicable federal,
state or municipal statute, regulations or ordinance, including,
without limitation, the federal Occupational Safety and Health Act,
as amended.
4.0 COSTS. Should it become necessary for Indemnitees to incur any
cost or expenses, whether direct or indirect, including, but not
limited to, attorney's fees, investigator's fees, collection costs,
e
e
or court costs, in connection with any claim or demand for which
indemnification is provided by this Agreement, or in connection with
any attempt to recover losses incurred on such claims or demands, or
in connection with the enforcement of this Agreement, Indemnitor
agrees to fully reimburse Indemnitees for such costs and.~penses.
5.0 SEVERABILITY. Any provision, covenant or agreement contained
in this Agreement which is found to be prohibited by law or void or
unenforceable shall not invalidate the remainder of this Agreement.
6.0 TERM OF AGREEMENT. This Agreement shall remain in full force
and effect contemporaneously with City of La Porte RFP i 0041,
contract for food, beverage and concession items at the City of La
Porte Sylvan Beach Pavilion, and any extensions thereof, and shall
remain effective as to losses, liabilities and expenses, including
claims therefor, arising prior to the date of expiration of said
contract, and any extensions thereof.
INDEMNITOR
(Contractor)
INDEMNITEES
City of La Porte
By:
Robert T. Herrera
City Manager
Harris County, Texas
e
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ~-18-:r
Requested By: Stan Sherwo~ Department: Parks & Rec.
Report XXX Resolution Ordinance
Exhibits:
Texas Parks and Wildlife Department Certificate of Land Dedication
SUMMARY & RECOMMENDATIOI\t
The Mini-bike Park has been decommissioned and a substitute park area (Fairmont
Park) has been purchased. The Texas Parks and Wildlife Department requires that the
substitute park be formally dedicated for public outdoor recreation use only.
Additionally, the substitute park may only be converted (to other than public outdoor
recreation use) with the written approval of the Secretary of the Interior.
Action Required by Council:
Formally dedicate the newly purchased property at Fairmont Park for public outdoor
recreation use only.
Availability of Funds:
General Fund
_____ Capital Improvement
Other
_____ VVatertvVastevvater
_____ General Revenue Sharing
Account Number: N/ A
Funds Available: YES
NO
ADDroved for Citv Council Agenda
C:XT~
Robert T. Herrera
City Manager
~ \ '"~ \ '11..;
Date
.
e
-
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
LAND AND WATER CONSERVATION FUND PROGRAM
/
.-'
This is to certify that a permanent record shall be kept in the
CITY OF
LA PORTE
pub 1 i c property records and be made ava il ab 1 e for pub 1 i c
inspection to the effect that the property described in the scope of the project
Agreement for
Fairmont Park
, Project Number
48-00378
, and the dated project boundary map made part of that Agreement,
has been acquired or developed with Land and Water Conservation Fund assistance
and that it cannot be converted to other than publ ic outdoor recreation use
without the written approval of the Secretary of the Interior.
CITY OF LA PORTE
POLITICAL SUBDIVISION
SIGNATURE
Robert T. Herrera~ City Manager
(Type or Print Name and Title)
Date
(Rev. 3-91)
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: 05-18-92
Requested By: CHARLES HARRINGTO~G!rtment:
PLANNING
XXX Report
Resolution
Ordinance
Exhibits:
1. INTER OFFICE MEMO. FROM PURCHASING.
2. BID TABULATION.
3. BIDDER'S LIST.
=================================================================
SUMMARY & RECOMMENDATION
Summary:
ADVERTISED, SEALED BIDS WERE REQUESTED FROM
ELEVEN (11) CONTRACTORS FOR MOWING OF OVER-
GROWN LOTS. FOUR (4) CONTRACTORS RETURNED
BIDS, THE LOW BIDDER WAS W&M ENTERPRISES.
Recommendation:
AWARD CONTRACT TO W&M ENTERPRISES.
Action Required by Council:
1. AWARD CONTRACT TO W&M ENTERPRISES.
2. REJECT ALL BIDS.
----------------------------------------------------------------
----------------------------------------------------------------
Availability of Funds:
General Fund
Water/Wastewater
Capital Improvement
General Revenue Sharing
Other
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda:
Q~T.~
S\,"\\~",
Robert T. Herrera
Date
City Manager
=================================================================
e
e
~ *]'R~~
COMM. DiV.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 29, 1992
FROM:
Charles Harrington, Director of Planning
Susan Kelley, Buyer A
TO:
SUBJECT:
Sealed Bid #0478 - Mowing
Advertised, sealed bids #0478 for the annual mowing contract
were opened and read on April 27, 1992. Bid requests were mailed
to eleven (11) local contractors with four (4) returning bids.
Low bid meeting specifications was submitted by W & M
Enterprises.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
SK/jm
Attachment: Bid Tabulation
xc: Ervin Griffith, wi attachment
BID TABULATION _.
e e
SEALED BID II 0478
ANNUAL MOWING CONTRACT W & M TOTAL D & L JIM
ENTERPRISES LAWN CARE MOWING SEATELL
1) MOWING 25' x 125' LOT 5.50 6.00 I 6.25 8.00
I ,
2) EACH CONTIGUOUS LOT 4.00 4.00 4.25 6.00
3) MOWING UNDIVIDED ACREAGE 25.00 25.00 28.50 40.00
4) RESIDENTIAL HOMESITE
A. FENCE REMOVAL REQUIRED 40.00 45.00 I 48.50 60.00
B. NO FENCE 45.00 50.00 50.00 75.00
I I
I
I
.
r..y'
v~
e
e
BIDDER'S LIST
SEALED BID #0478 - ANNUAL MOWING CONTRACT
BAKER TRACTOR SERVICE
2305 GENOA RED BLUFF
PASADENA, TX 77505
WILBUR COLLINS
406 DREAMLAND AVE.
CROSBY, TX 77532
713-328-2349
ATTN: CRAI G BAKER
ATTN: WILBUR COLLINS
HOLLOWAY'S LAWN MAINTENANCE
710 S. SECOND STREET
LA PORTE, TX 77571
471-3656
MASTERPIECE LAWN CARE
1418 MINDEN
DEER PARK, TX 77536
713-479-9882
ATTN: BRAD HOLLOWAY
ATTN: LLOYD WOLF
JIM SENTELL
P. O. BOX 1183
LA PORTE, TX 77571
TOTAL LAWN CARE
11702 NORTH P. STREET
LA PORTE, TX 77571
713-471-4106
BID REQUEST ENCLOSED
ATTN: TOM RAWLS
LARRY'S LAWN SERVICE
P. O. BOX 1022
LA PORTE, TX 77572-1022
WM TRACTOR SERVICES
1017 SUNSET
BAYTOWN, TX 77520
ATTN: LARRY SHEMLEY
ATTN: SAM KNOWLES
.
MIKE JOHNSON
712 S. UTAH
LA PORTE, TX 77571
D & L MOWING
3313 HAYS
PASADENA, TX 77503
BID REQUEST ENCLOSED
ATTN: LOWELL GERBER
DYKES MAINTENANCE
10932 PINEWOOD COURT
LA PORTE, TX 77571
BID REQUEST ENCLOSED
\
,
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED May 18. 1992
REQUESTED BY Jeff Litchfield
DEPARTMENT Director of Finance
xx
REPORT
RESOLUTION
ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
On May 4, 1992, sealed bids #0481 were opened and read. Sealed Bid #0481 was
to provide Alley Mowing Services.
About half of our water meters are located in alleys. The City does not
maintain alleys and the condition of the alleys is the direct result of
efforts put forth by the property owners. Several property owners maintain
their alleys by regularly mowing them. We are addressing those alleys that
are not maintained by the property owners.
Bid #0481 will provide alley mowing, on an as needed basis, and should greatly
increase the condition of the work environment of our meter readers. We do
not plan to mow all alleys, only those that are in the worst condition.
Budgeted funds of $10,000 are available for this project.
Eleven local contractors were mailed bids and three returned them. The
contractor submitting the lowest overall bid was W & M Enterprises. We would
also like to award a secondary contract to the next lowest bidder, which was
Jim Sentell. The secondary contractor would be used if the first contractor
failed to perform in accordance with the bid requirements or was unavailable.
ACTION REQUIRED BY COUNCIL:
Award bid to provide a primary contract with W & M Enterprises for alley
mowing services. Award bid to provide a secondary contract with Jim Sentell
for alley mowing services.
AVAILABILITY OF FUNDS:
GENERAL FUND
xxx UTILITY FUND
OTHER
ACCOUNT NUMBER: 002-808-808-507
FUNDS AVAILABLE:
-1QL YES
NO
APPROVED FOR CITY COUNCIL AGENDA
G(J~ \. \1.o_d v..-
ROBERT T HERRERA
CITY MANAGER
-;1'1\ttv
DATE
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 6, 1992
TO: Jeff Litchfield, Director of Finance
FROM: Susan Kelley, Buyer ~K.;9fl1
SUBJECT: Sealed Bid #0481 - Alley Mowing for Customer Service
Advertised, sealed bids #0481 for the Alley Mowing contract
were opened and read on May 4, 1992. Bid requests were mailed to
eleven (11) local contractors with three (3) returning bids.
Low bid meeting specifications was submitted by W & M
Enterprises.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
SK/jm
Attachment: Bid Tabulation
xc: Linda Stubbs, Finance Officer
.
- .- "
SEALED BID II 0481 e e.
W & M JIM SENTEL D & L
LOT MOWING FOR CUSTOMER SERVICE ENTERPRISES MOWING
MOW ALLEY 400' LONG X 16 WIDE BRUSH HOG ONLY $ 25.00 18.00 78.00
I I
t
MOW T-ALLEY 525' LONG X 16 WIDE BRUSH HOG ONLY 30.00 24.00 85.00
MOW ALLEY 400' LONG X 16 WIDE RIDING L~WNMOWER 25.00 45.00 80.00
MOW T-ALLEY 525' LONG X 16 WIDE RIDING LAWNMOWER 30.00 60.00 90.00 I
I
MOW ALLEY 400' LONG X 16 WIDE HANDMOWER ONLY 30.00 60.00 I 85.00
MOW T-ALLEY 525' LONG X 16 WIDE HANDMOWER ONLY 35.00 70.00 95.00 I
BOTH BRUSH HOG &
MOW ALLEY 400' LONG X 16 WIDE RIDING LAWNMOWER 27.50 75.00 90.00
BOTH BRUSH HOG & I
MOW T-ALLEY 525' LONG X 16 WIDE RIDING LAWNMOWER 32.50 85.00 95.00
MOW ALLEY 400' LONG X 16 WIDE BOTH BRUSH HOG & 27.50 85.00 85.00
HANDMOWER
.
BOTH BRUSH HOG & ;
MOW T-ALLEY 525' LONG X 16 WIDE HANDMOWER 32.50 90.00 90.00
I
h'
l/
e
e
BIDDER'S LIST
SEALED BID #0481 - ANNUAL MOWING CONTRACT
BAKER TRACTOR SERVICE
2305 GENOA RED BLUFF
PASADENA, TX 77505
WILBUR COLLINS
406 DREAMLAND AVE.
CROSBY, TX 77532
713-328-2349
ATTN: CRAIG BAKER
ATTN: WILBUR COLLINS
HOLLOWAY'S LAWN MAINTENANCE
710 S. SECOND STREET
LA PORTE, TX 77571
471-3656
MASTERPIECE LAWN CARE
1418 MINDEN
DEER PARK, TX 77536
713-479-9882
ATTN: BRAD HOLLOWAY
ATTN: LLOYD WOLF
JIM SENTELL
P. O. BOX 1183
LA PORTE, TX 77571
TOTAL LAWN CARE
11702 NORTH P. STREET
LA PORTE, TX 77571
713-471-4106
BID REQUEST ENCLOSED
ATTN: TOM RAWLS
LARRY'S LAWN SERVICE
P. O. BOX 1022
LA PORTE, TX 77572-1022
WM TRACTOR SERVICES
1017 SUNSET
BAYTOWN, TX 77520
ATTN: LARRY SHEMLEY
ATTN: SAM KNOWLES
.
MIKE JOHNSON
712 S. UTAH
LA PORTE, TX 77571
D & L MOWING
3313 HAYS
PASADENA, TX 77503
BID REQUEST ENCLOSED
ATTN: LOWELL GERBER
DYKES MAINTENANCE
10932 PINEWOOD COURT
LA PORTE, TX 77571
BID REQUEST ENCLOSED
\
REQUEST'OR CITY COUNCIL Act~DA ITEM.
Agenda Date Requested: 5-18-9~
Requested By: Stan Sherwo~ Department: Parks & Recreation
X Report Resolution Ordinance
Exhibits:
Bid Tabulation - Bid #0479
Bidder's List
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0479 for Office Furniture - Wellness Center were opened and read on April
27, 1992. Bid requests were mailed to twelve (12) suppliers with seven (7) suppliers returning
bids. Twenty-Eight Thousand Six Hundred Eighty-Two Dollars ($28,682.00) has been budgeted
for these purchases.
Section 1. - Office Furniture - Low bid meeting specifications was submitted by Finger's Office
Furniture in the amount of Ten Thousand Ninety Dollars and Fifty-Two Cents ($10,090.52).
Section 2. - Conference Room Furniture - Low bid meeting specifications was submitted by
Suniland Office Furniture in the amount of One Thousand Nine Hundred Thirty-Two Dollars and
Fifteen Cents ($1,932.15).
Section 3. - Steel Tube Leg Chairs - Low bidder on this section was Office Pavilion with a bid in
the amount of One Thousand Two Hundred Forty-Nine Dollars and Sixty Cents ($1,249.60);
however their bid did not meet specifications, bidding "Hon - Series W" Chairs. Specifications were
for "United Chairs - Brigade Series" and "Aruvo Series" or approved equal; primarily because of the
wall-saver back and smaller dimensions of these chairs. Finger's Office Furniture was low bidder
meeting these specifications in the amount of One Thousand Six Hundred Sixty-Three Dollars and
Ninety-Two Cents ($1,663.92).
Section 4. - Chairs - Low bid meeting specifications was submitted by B & B Office Supply, Inc.
in the amount of Five Thousand Five Hundred Thirty-Six Dollars and Thirty-One Cents ($5,536.31).
Section 5. - Lobby Furniture - Low bid meeting specifications was submitted by Finger's Office
Furniture in the amount of One Thousand Five Hundred Nine Dollars and Seventy-Nine Cents
($1,509.79).
Section 6. - Stacking Chairs and EquiDment - Low bid meeting specifications was submitted by
G & P Office Furniture in the amount of Six Thousand Six Hundred Eighteen Dollars and Thirty-Five
Cents ($6,618.35).
Action Required by Council:
Staff recommends award of bid for Section 1 - 6 to the low bidder meeting specifications for
Bid #0479. Total cost: $27,351. 04
Availability of Funds:
General Fund
XX Capital Improvement
Other
_ Water/Wastewater
_ General Revenue Sharing
Account Number: 034-800-520-780
Funds Available: ..x. YES
NO
ADoroved for Citv Council Agenda
Q~L-~
Robert T. Herrera
City Manager
5"-1) -CfL
Date
e
e
BID TABULATION
BID #0479
FINGER'S SUNILAND B & B OFFICE G & P OFFICE OFFICE MATHERNE'S BAYSHORE
OFFICE FURN OFFICE FURN SUPPLY,INC. FURNITURE PAVILION OFFICE SUPPLY OFFICE SUPPLY
SECTION 1.
OFFICE FURNITURE $10,090.52 $11,942.66 $10,271. 22 $10,488.77 $10,158.25 $10,494.25 NO BID
SECTION 2.
CONFERENCE ROOM FURN. $1,969.88 $1,932.15 $2,013.31 $2,007.30 $2,007.48 $1,988.00 NO BID
SECTION 3.
STEEL TUBE LEG CHAIRS $1,663.92 $2,017.76 NO BID $2,440.00 $1,249.60 $1,712.00 NO BID
SECTION 4.
CHAIRS $5,924.57 $7,750.14 $5,536.31 $5,896.90 $5,565.84 $5,612.00 $6,739.46
SECTION 5.
LOBBY FURNITURE $1,509.79 $1,973.74 NO BID $2,242.81 $1,998.21 $2,178.00 NO BID
SECTION 6.
STACKING CHAIRS & EQUIP. $6,644.58 $9,370.59 $11,726.79 $6,618.35 $10,426.01 NO BID $7,874.23
GRAND TOTAL $27,802.74 $34,987.04 $29,547.63 $29,594.13 $31,405.39 $21,984.25 $14,613.69
*SECTIONS 1 & 2
ALL OR NONE BID
.
e
e
BIDDER'S LIST
SEALED BID #0479
OFFICE FURNITURE - WELLNESS CENTER
FINGER OFFICE FURNITURE
P.O. BOX 263
HOUSTON, TX 77001
HUGHES OFFICE SUPPLY
321 WEST MAIN
LA PORTE, TX 77571
ATTN: AVA KORAB
SEALED BID ENCLOSED
MINKS FURNITURE
130 SOUTH 4TH STREET
LA PORTE, TX 77571
MATHERNE'S
119 W. PIERCE
LA PORTE, TX 77571
ATTN: VELMA MINKS
SEALED BID ENCLOSED
G & P FURNITURE
212 W. MAIN
LA PORTE, TX 77571
B & B OFFICE SUPPLY
3923 GARTH ROAD
BAYTOWN, TX 77521
SEALED BID ENCLOSED
ATTN: JOHN COX
BAYSHORE OFFICE SUPPLY CO.
222 N 16 STREET
LA PORTE, TX 77571
OFFICE PAVILION
1980 POST OAK BLVD.
SUITE 150
HOUSTON, TX 77056
SEALED BID ENCLOSED
ATTN: JEFF GIBSON
MOORE OFFICE SUPPLY
1309 W. FAIRMONT PKWY
LA PORTE, TX 77571
SEALED BID ENCLOSED
SUNILAND OFFICE FURNITURE
2800 FONDREN
HOUSTON, TX 77063
ATTN: SUSAN SAYRE
CFC - COMMERICAL FURNISHINGS CO.
4323 RICHMOND AVE
HOUSTON, TX 77027
ATTN: ROY MURRAY
MILLER BUSINESS SYSTEMS
501 WEST 38TH STREET
HOUSTON, TX 77018
ATTN: CAROLYN HEWLETT
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Robert T. Herrera, City Manager
FROM:~ff Litchfield, Director of Finance
DATE:~ April 23, 1992
SUBJECT: Changes to Utility Billing Operation
My staff and I propose that we change the method of handling adjustments for
water leaks.
Attached is a paper that outlines the type of adjustment we propose, the logic
behind our decision, and two real life examples of the impact on our
customers.
Knox Askins, City Attorney, informs me that the ability to make adjustments to
Utility Bills is inherent in my duties as Director of the Utility Billing
Operation. With that in mind, I would like to get your approval to implement
this policy addressing adjustments for water leaks.
e
e
Adjustments for Water Leaks
Under the City's current system, when a customer approaches us for
an adjustment because they have had a leak in the water line, we
only adjust the sewer portion of the customer's bill. The logic
behind this type of adjustment is that the water that leaked did
not go through the sewer system. There is no adjustment for the
water portion of the utility bill. This failure to adjust the
water portion normally places an undue hardship on the customer.
With this in mind, we propose the City allow an adjustment to the
water portion of the bill when the customer has had a water leak.
Our reasoning for allowing this type of adjustment is the leak is
not intentional and the customer does not normally know about the
leak until they get their utility bill, which is about two weeks
after we read their meter.
The adjustment we propose is to determine the amount of water that
was lost during the leak and to charge the customer 65 cents per
1,000 gallons for the water that was lost. We would further
propose that the customer be allowed adjustment for only one leak
per year. If the customer does not take necessary steps to repair
their line, the City should take a firm position that it does not
tolerate the waste of this precious commodity.
We would determine the amount of water attributed to the leak by
calculating the customer's average water consumption for the last
six months. The rate of 65 cents per 1,000 gallons was arrived at
by taking the La Porte Area Water Authority charge of 48 cents per
1,000 gallons and adding our variable costs, which are 37%. In
essence, this calculation removes the fixed portion of our water
rate, which is primarily our debt service.
Attached
customers.
are two examples of how this change would effect
Both examples are actual figures from real accounts.
The estimated impact to the City on an annual basis should be less
than $20,000.
In closing, we believe that the City's mission is to provide
potable water to our customers for their use in their day to day
lives. Water lost through a leak causes the customer hardship and
we should not compound that hardship by capitalizing off their
misfortune.
e
e
EXAMPLE 1
RESIDENTIAL ACCOUNT WITH A WATER LEAK
AMOUNT OF BILL
200
50 ............................. ........ ......... .......... .......... .......... ........................
150 .................................................................................................................................
100 .................................................................................................................................
o
-4
5
6
7
8 9 10 11 12
MONTH
1
2
3
~ ACTUAL ~ AS ADJUSTED D PROPOSED ADJUSTMENT
This is a residential account. You can see that her bills normally
average $50 per month. In January, she had a water leak and
received a bill for $168.82. Our adjustment to the sewer portion
was $13.64 which left her with a bill of $155.18.
Under the plan we propose, we would have been able to adjust her
water portion of the bill by $75.32, which would have left her with
a bill of $79.86, $29 above her average.
e
e
EXAMPLE 2
RESIDENTIAL ACCOUNT WITH A WATER LEAK
AMOUNT OF BILL
140
120
100
80 ...................................................................................................................
60 ...................................................................................................................
40
20
o
4
5
6
7
8 9 10 11 12
MONTH
1
2
3
WZ:l ACTUAL [Sill AS ADJUSTED D PROPOSED ADJUSTMENT
This is a residential account. You can see that his bills normally
average $35 per month. In December, he had a water leak and
received a bill for $133.84. Our adjustment to the sewer portion
was $4.21 which left him with a bill of $129.63.
Under the plan we propose, we would have been able to adjust his
water portion of the bill by $77.65, which would have left him with
a bill of $51.98, $17 above his average.
\ . I
e
e
City of La Porte
Inter-Office Memorandum
May 12, 1992
FROM:
Robert T. Herrera, City Manager ~
John Joerns, Assistant City Mana~;1
Charles R. Harrington, Director of Planning
TO:
THRU:
SUBJECT:
Structures Without Sanitary Sewer
During the FY 1991 Budget process, the City Council considered and authorized a project
to provide sanitary sewer and water service to properties without service. As these
projects have now moved forward to the point that the design is complete, I would like
to provide you the following administrative status report.
Background
During the budget process, the staff provided a report to the Council that identified~
(9) pocket areas of La Porte to which there were no sanitary sewer facilities. This list was
pared down to seven (7) areas that could be served. Two (2) areas were eliminated due
to the high cost per structure to provide service. The list of properties by area is shown
on Attachment "A" The properties located on North "H" Street were eliminated from the
list as later field investigations revealed a line that placed the eight (8) properties in that
area within a 200 foot distance of sanitary sewer service.
The original concept for the project included several different design elements including
individual grinder pumps and low pressure force mains for twelve (12) of the properties,
gravity flow systems for eighteen (18) of the properties and "throw-away" status for the
pumps and force main systems.
In addition to the sanitary sewer system problems, the staff identified one (1) area along
North "H" Street that was without water service.
e
e
After considering the design problems, the City Council authorized proceeding with the
water and sanitary sewer extensions at a cost of $2,415.00 per structure for water service
and $4,000.00 per structure for sanitary sewer service. The total $137,000.00 was carried
forward into the FY 1992 Budget.
Current Status
The project has now moved forward to the point of design completion for the sanitary
sewer extension. In the design process, we have been able to solve some of the original
problem elements anticipated in the preliminary study phase.
We no longer will have individual grinder pumps and low pressure force mains serving the
previously mentioned twelve (12) properties. The Engineering Division was able to design
gravity flow systems for all of the individual structures and at the same time creating the
need for only two (2) small package type sanitary sewer lift stations to be maintained by
the City. The obvious benefit will be to eliminate the numerous pumps and maintenance
problems that would be inherent in the original design concept. At the same time, it will
add only one (1) lift station to the original approach. The final design was not, however,
able to eliminate the "throw-away" status of some of the project. This situation was
created by the decision to provide service to an area that will ultimately be served in a
different manner when fully developed. This "temporary" service will be provided for
anywhere between five (5) and ten (10) years depending on development activity. At that
point in time, the City will abandon a portion of the lines shown on the accompanying
map (Attachment B). These will include all of line #7, and the lift stations and force mains
of lines #3 and #5. While this proposal has the lines being abandoned at a cost of
$26,165.20, it will not have the expensE1 of grinder pumps that would have been
abandoned in the original approach.
The new design proposal has an estimated cost of $95,254.30 as shown in the
breakdown sheet for the project (Attachment C). This is to be taken from a total of
$120,094.00 available from the Utility CIP Fund.
In regard to the water line extension project, there have been some additional delays
incurred. We will not begin the final plans and implementation until we have a final
alignment of the storm sewer outfall proposed for North "H" Street that supports Harris
County's Underwood Road project. Depending on final alignment, it may be necessary
to delay installation of the water line until the storm sewer outfall is installed. There are
$16,906.00 available for this project.
As it stands now, I anticipate advertising the project for bids during the next two (2) weeks
and then submitting the bids for City Council action on either June 8, or June 22, 1992.
The actual date for authorization to construct is dependent on securing easements along
Buchanan from three (3) property owners and one (1) easement that will facilitate the
service along Brownell Street.
e
e
One additional issue that will require policy action by the Council by the time we award
the contract is that of front foot fee assessments. During past service extensions, the
most recent being Battleground Vista, we assessed the front foot fees. Those were done,
however, prior to the new rates established in 1990.
I trust this will provide you with an accurate update on the project but should you have
any questions, please let me know.
e
e
PROPERTIES TO BE SERVED
ATTACHMENT A
North "P" Street:
Barbour's Cut and North Broadway:
1.
2.
12018
12022
1.
630 North Broadway
Buchanan:
North Blackwell:
1.
2.
3.
4.
2307
2311
2312
2334
1.
2.
1307 East Main
131 North Blackwell
North "L" Street: North Utah:
1. 12013 1. 202 North Utah
2. 12014
3. 120141h
4. 12015 South Brownell:
5. 12016
6. 12020 1. 808
7. 12030 2. 810
8. 12031 3. 820
9. 12031-A
10. 12032
11. 12034
I=Q
E-l
:z
~
:z
:.:::0
u
<
E-l
~
-
~'~"
/ ~
J{ /'
\ /" - ~---_:::...._-
) / r-----
/ .
/~ ____..I
.!._---~
--
1
1
,
.-.--.-.-.-'
+
\
\.
I
!
I
I
'1. ' ~~
I, .1
(~:-_-o-J 'L
I _~ 1.c
1.":...:=____ ' 11f' -
--...--' :.....,
~ !-~-_.._---
i-'
~t;
ill'~
: I .
~f i ' -
1! r H!
~! ~ :;;
. L/ [' ,!k.~
.... . iY'
~ h
II
+
'.
~
u
;
,!/
.'
....--.
.:..... ...
+
e
c.M.I: I i"...,.,'
PARIC OR.
i
: <D NORTH "I'" ST. / EAST OF SENS RD.
@ BUCHANAN / SOUTH FROM NORTH
@ NORTH "LO ST. / EAST OF SENS RD.
@ BARBOUR"S CUT AT NORTH BROADWAY
@ NORTH BLACICWELL ST. / NORTH FROM MAIN ST
@ EAST POLIC TO NORTH UTAH
(!) SOUTH BROWNELL / EAST FROM
"H"
ST.
-......-
e
e
Attachment "C"
NORTH "P" STREET
Total
$450.00
$1,200.00
$150.00
$4,982.40
$1.557.00
$8,339.40
1 connection to existing manhole
1 manhole
1 c1eanout
519 1.1. of 8" sdr-35 pvc pipe
519 Lt. of trench safety
BUCHANAN
Total
$2,400.00
$150.00
$4,845.00
$1.710.00
$9,105.00
2 manholes
1 clean out
570 I.f. of 6" sdr-35 pvc pipe
570 Lt. of trench safety
NORTH ilL" STREET
Total
$320.00
$400.00
$6,500.00
$1,400.00
$2,400.00
$11,452.80
$3,699.00
$40.00
$26,211.80
* 40 Lt. of 2" sdr-pvc pipe
* 1 drop structure
* 1 lift station
1 extra depth manhole
2 manholes
1,193 I.f. of 8" sdr-35 pvc pipe
1,233 Lt. of trench safety
1 plug
* Represents items that will be eventually abandoned - estimated value of $7,220.00.
NORTH BROADWAY
Total
$450.00
$150.00
$3,456.00
$1.080.00
$5,136.00
1 connection to existing manhole
1 cleanout
360 Lt. of 8" sdr-35 pvc pipe
360 Lt. of trench safety
..
e
e
NORTH BLACKWELL - NORTH FROM MAIN
Total
$2,400.00
$2,608.00
$336.00
$6,500.00
$1,759.50
$40.00
$1.599.00
$15,242.50
2 manholes
* 326 Lt. of 2" sdr-26 pvc pipe
* 6" steel casing 28 I.f.
* 1 lift station
207 1.1. of 6" sdr -35 pvc pipe
1 plug
533 I.f. of trench safety
* Represents items that will be eventually abandoned - estimated value of $9,444.00.
EAST POLK TO NORTH UTAH
Total
$450.00
$11,366.40
$6,000.00
$150.00
$200.00
$3.552.00
$21,718.40
1 connection to existing manhole
1184 Lt. of 8" sdr-35 pvc pipe
5 manholes
1 cleanout
5 plugs
1184 Lt. of trench safety
SOUTH BROWNELL - EAST FROM PARK
Total
$150.00
$4,915.20
$1,200.00
$450.00
$1,536.00
$1.250.00
$9,501.20
* 1 c1eanout
* 512 Lt. of 8" sdr-35 pvc pipe
* 1 manhole
* 1 connection to existing manhole
* 512 I.f. of trench safety
* 250 s.y. of San Augustine sod
* All of this will be abandoned in the future.