HomeMy WebLinkAbout2009-08-24 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes
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MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
AUGUST 24, 2009
1. Call to order
The meeting was called to order by Mayor Beasley at 6:00 p.m.
Members of City Council Present: Mayor Barry Beasley, Mayor Pro-Tem Georgia Malone,
Councilmember Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Chuck Engelken,
Mike Clausen and Mike Mosteit
Members of Council absent: None
Members of City Executive Staff and City Emplovees Present:
City Manager's Office: Ron Bottoms and John Joerns
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Planning: Tim Tietjens, Masood Malik and Debbie Wilmore
Police Department: Ken Adcox and Wanda Richards
GIS: Isaac Rodriquez and Brian Sterling
Finance: Michael Dolby
Tax: Kathy Powell
Fire: Mike Boaze and Don Ladd
Main Street: Stacey Osborne
Emergency Management: Jeff Suggs and Kristin Gauthier
Parks and Recreation: Stephen Barr
Human Resources: Heather Weger
Others Present: Adam Yanelli of Bayshore Sun, Phillip Hoot, Dottie Kaminski, Colleen
Hicks, Ann Hayes, Richard Warren and other citizens.
2. Invocation was given by Father Gary Rickles of S1. Mary's Catholic Church.
3. Councilmember Louis Rigby led the Pledge of Allegiance.
4. Presentations/Proclamations
Mayor Pro - Tem Malone read the recommendation submitted on Wanda Richards for
Employee of the Quarter. Mayor Beasley and Chief Adcox presented a plaque to Ms.
Richards.
5. Consent agenda - Any item may be removed by a Councilperson for discussion
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 2
A. Council to consider approval or other action of minutes of Regular Meeting, Public
Hearing and Budget Workshops for the La Porte City Council held on August 10 &
11, 2009 - M. Gillett
B. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to execute a Water Service Agreement and Sanitary Sewer
Service Agreement with Two Eighteen M Texas, LLC (Ord. 3167) - T. Tietjens
C. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to execute a Water Service Agreement and a Sanitary Sewer
Service Agreement with Two Zero One M Texas, LLC (Ord. 3168) - T. Tietjens
D. Council to consider approval or other action regarding an ordinance vacating,
abandoning, and closing the entire alley in Block 751 (Ord.3169) - T. Tietjens
E. Council to consider approval or other action regarding an ordinance amending the
Employee Policies Handbook, to include a Social Networking Site Policy (Ord.
3170) - H. Weger
F. Council to consider approval or other action regarding recommendation to
continue the Life Coverage with ING and dental coverage with Delta Dental - H.
Weger
G. Council to consider approval or other action recommending dates of September
21, 2009 and September 28, 2009 for the Public Hearings on the City of La Porte's
Tax Rate - M Dolby
H. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to execute an Interlocal Agreement between the City of La Porte
and the City of Morgan's Point to provide Dog Impound Services on a space
available basis (Ord. 3171) - K. Adcox
I. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to execute an Interlocal Agreement between the City of La Porte
and the La Porte Independent School District for provision of six patrol officers at
La Porte Independent schools during the school year (Ord. 3172) - K. Adcox
Motion was made by Councilmember Engelken to approve the consent agenda as
presented with the exception of items B & C as those items were pulled by staff. A second
was made by Councilmember Clausen. Motion carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 3
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Michelle Cantu - 3327 E. Plantation -' Ms. Cantu informed the Council she was in favor of
the fence ordinance being considered this evening.
Dan Hooks - 3427 E. Plantation - Mr. Hooks informed the Council he was in favor of the
fence ordinance being considered this evening.
7. Public Hearing - Council to consider approval or other action regarding an ordinance
amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by
amending Article III, "Districts" Division 2 "Residential District Regulations", subdivision 1
"Generally", section 106-334, "Special Use Performance Standards; "Residential"
Subparagraph "f', Manufactured Housing Criteria (Manufactured Housing Parks Only", by
amending article V, "Supplementary District Regulations", Division 4, "Fencing and
landscaping Requirements", by adding section 106-789, "Fence Material" and Section 106-
790, "Subdivision Perimeter Fences", and amending Section 106-792, "Large Lot
Residential Lots", 106-793, "Fences Inside and Rear Yards" and section 106-795,
Maintenance of Fences on the Single-Family Dwellings and Manufactured Housing Parks"
(Ord. 3173) - T. Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 6:15 p.m.
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Public input:
Michelle Cantu - 3327 E. Plantation - Ms. Cantu informed the Council of fencing concerns
with the fence in her mobile home park subdivision that was damaged during Hurricane
Ike. She further advised them of the need to have the fence replaced.
Dan Hooks - 3427 E. Plantation - Mr. Hooks informed the Council of the need for the
fence to be replaced in his mobile home park subdivision.
Mayor Beasley closed the Public Hearing at 6:33 p.m.
Recommendation of Planning and Zoning Commission is to approve ordinance 3173
amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by
amending Article III, "Districts" Division 2 "Residential District Regulations", subdivision 1
"Generally", section 106-334, "Special Use Performance Standards; "Residential"
Subparagraph "f', Manufactured Housing Criteria (Manufactured Housing Parks Only", by
amending article V, "Supplementary District Regulations", Division 4, "Fencing and
landscaping Requirements", by adding section 106-789, "Fence Material" and Section 106-
790, "Subdivision Perimeter Fences", and amending Section 106-792, "Large Lot
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 4
Residential Lots", 106-793, "Fences Inside and Rear Yards" and section 106-795,
Maintenance of Fences on the Single-Family Dwellings and Manufactured Housing Parks"
8. Council to consider approval or other action regarding the recommendation of Planning
and Zoning Commission to approve ordinance for Fence regulations (Ord. 3173)
Mayor Pro - Tem Georgia Malone read Ordinance 3173, AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING ARTICLE III, "DISTRICTS", DIVISION 2, "RESIDENTIAL
DISTRICT REGULATIONS", SUBDIVISION 1. "GENERALLY", SECTION 106-334,
"SPECIAL USE PERFORMANCE STANDARDS; "RESIDENTIAL" SUBPARAGRAPH "f',
MANUFACTURED HOUSING CRITERIA (MANUFACTURED HOUSING PARKS ONLY)",
BY AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION
4, "FENCING AND LANDSCAPING REQUIREMENTS"; BY ADDING SECTION 106-789,
"FENCE MATERIAL" AND SECTION 106-790, "SUBDIVISION PERIMETER FENCES",
AND AMENDING SECTION 106-792, "LARGE LOT RESIDENTIAL LOTS", 106-793,
"FENCES IN SIDE AND REAR YARDS," AND SECTION 106-795, "MAINTENANCE OF
FENCES ON THE SINGLE-FAMILY DWELLINGS AND MANUFACTURED HOUSING
PARKS," PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Engelken to approve Ordinance 3173 as presented
by Mr. Tietjens. A second was made by Councilmember Mosteit. Motion carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
Staff was encouraged to emphasize safety issues in regards to fencing and bring back a
solution for the current homeowners at the Mobile Home Park who spoke this evening.
9. Council to consider approval or other action authorizing the transfer and appropriation of
funds for the completion of the Youth Baseball Complex and Park - S. Barr
Parks and Recreation Director Stephen Barr presented summary and recommendation
and answered Councils' questions.
Motion was made by Councilmember Clausen to approve the transfer of $231,430.00 from
GEN798 and to appropriate $583,000.00 from the general fund to complete the project.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 5
Council also directed staff to pursue funding assistance from the La Porte Development
Corporation (4B/Type B). A second was made by Councilmember Leonard. Motion
carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
10. Council to consider approval or other action regarding a resolution nominating a Board
Member Appointment to the Harris County Appraisal District (Res.2009-07) - Mayor
Beasley
Mayor Pro -Tem Georgia Malone read Resolution 2009-07, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA PORTE TEXAS FOR POSITION ON THE BOARD
OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.
Motion was made by Mayor Pro - Tem Malone to approve Resolution 2009-07 nominating
Ed Heathcott as a candidate for the position on the Board of Directors of the Harris County
Appraisal District as presented by Mayor Beasley. A second was made by Councilmember
Leonard. Motion carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: Black
Absent: None
11. Council to consider approval or other action regarding an ordinance appointing members
to various City of La Porte Boards, Commissions, and Committees as desired (Ord. 3174)
- Mayor Beasley
Mayor Beasley presented summary and recommendation and answered Councils'
questions.
Mayor Pro - Tem Georgia Malone read Ordinance 3174, AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES, OF THE CITY
OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Clausen to approve Ordinance 3174 as presented by
Mayor Beasley appointing Bob Pizzitola to replace Bill Love on the La Porte Development
Corporation Board. A second was made by Councilmember Moser. Motion carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 6
12. Receive Monthly Inspection Report from City Staff
Chief Building Official Debbie Wilmore presented the monthly Inspection Report.
13. Close Regular Meeting and Open Workshop Meeting
Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 7:03 p.m.
A. Discuss Hurricane Preparedness - J. Suggs
Emergency Management Coordinator Jeff Suggs provided City Council with an
overview of hurricane preparedness.
B. Discuss La Porte Fire Department Flood Response - D. Ladd
Assistant Fire Chief Donald Ladd provided City Council with an overview of the
Fire Department Flood Response efforts.
C. Discuss Conflict of Interest Statement - Mayor Beasley
City Council directed staff to move forward with adding a conflict of interest
statement to the boards and commissions handbook/application.
D. Discuss storm drainage maintenance fee - S. Barr
City Council directed staff to move forward with this project and educate the
public.
14. Close Workshop Meeting and reconvene Regular Meeting
Mayor Beasley Closed Workshop Meeting and reconvened Regular Meeting at 7:46 p.m.
15. City Manager Ron Bottoms provided Administrative Reports for the following:
August 25, 2009 - Space Shuttle Discovery Launch - 12:00 a.m. - NASA Johnson Space
Center (Mission Control Center Viewing Room)
August 25, 2009 - Economic Alliance Houston Port Region Legislative Wrap-up Breakfast
- San Jacinto College (North Campus) - Wayne Slovacek Bldg. 7:00 a.m. - 9:00 a.m.
August 25, 2009 - Wrecker Committee Meeting - Council Chambers - 2:00 p.m.
August 26, 2009 - Economic Alliance Port Region Update - Pearland Area Chamber of
Commerce - 5:00 p.m. - 6:00 p.m.
September 7,2009 - Labor Day Holiday
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 7
September 8,2009 - La Porte Development Corporation Board Meeting - 6: 00 p.m.
September 10, 2009 - Main Street Advisory Board Meeting - Council Chambers - 6:00 p.m.
September 10, 2009 - City of La Porte Employees Health Fair - La Porte Fitness Center -
10:00 a.m. - 2:00 p.m.
September 12, 2009 - Dedication of the Norman L. Malone Senior Center, - La Porte
Fitness Center - 10:30 a.m.
September 14, 2009 - City Council Meeting - 6:00 p.m.
September 16, 2009 - Salute to Industry Golf Tournament - Bay Forest Golf Course
September 17, 2009 - Salute to Industry Banquet - Monument Inn - 6:30 p.m.
September 17, 2009 - Harris County Mayor and Council Dinner - location (TBA) - 6:30 p.m.
September 19, 2009 - Community Health & Safety Fair - La Porte Junior High - 9:00 a.m.
September 21, 2009 - Drainage Committee Meeting - 5:00 p.m.
September 21, 2009 - Special Called City Council Meeting - 6:00 p.m.
September 23, 2009 - Clark Condon Presentation - Council Chambers - 3:00 p.m.
September 28, 2009 - City Council Meeting - 6:00 p.m.
16. Council Comments: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen
and Beasley.
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information for a recitation of existing
policy
17. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (consultation with
attorney, deliberation regarding real property, deliberation regarding prospective gift or
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
551.072 (Deliberation regarding purchase,
Meet with City Manager and City
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on August 24, 2009
Page 8
exchange, lease or value of real property)
Attorney to discuss Habitat Real
Property Acquisition
Council retired into Executive Session at 7:56 p.m.
Council returned to the table and reconvened the meeting at 8:22 p.m.
18. Considerations and possible action on items considered in Executive Session.
There was no action taken in Executive Session.
19. Adjournment
Being no further business, the meeting was duly recessed at 8:23 p.m.
Respectfully submitted,
VJ; t!/ffi[;dLdtI
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 14th day of September 2009.
~~
/
Mayor Barry Beasley
B
Agenda Date Requested: September 14,2009
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Michael Dolby, CPA
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Excerpt from FY 2009 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/ A
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2008-09 Budget on August 25, 2008.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2008-09 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sy Ivan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
1998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificate of Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 36,382,175
] ,923,528
700,000
386,575
463,749
4,339,685
],435,775
8,689,854
2]7,690
23,483
] ,005,288
1,324,826
2,640,] 59
4,575,547
] ,255,818
11,177,355
o
350,000
590,]95
]49,109
],990
86] ,883
341,678
73,824
2,2]2,267
18,021
1,640,3] 7
o
3,345,768
463,850
750,069
$ 87,340,478
$ 37,836,738
7,629,005
738,695
950,725
551,249
4,469,935
1,435,775
9,199,827
217,690
23,483
],005,288
] ,38] ,614
3,018,85]
4,854,761
] ,333,448
11,181,965
o
350,000
590,] 95
]49,109
1,990
86],883
34],678
73,824
2,212,267
18,02]
1,640,3] 7
o
3,345,768
463,850
750,069
$ 96,628,020
Proposed
Amended Budget
$ 38,597,498 *
7,629,005
738,695
950,725
55],249
4,469,935
1,435,775
9,199,999 *
217,690
23,483
],005,288
],38],6]4
3,0] 8,851
4,887,093 *
1,333,448
11,931,884 *
o
350,000
590,] 95
]49,]09
],990
861,883
34],678
73,824
2,212,267
18,021
] ,640,3] 7
o
3,345,768
463,850
750,069
$ 98,]7],203
Action Reauired bv Council:
Adopt Ordinance Amending Fiscal Year 2008-09 Budget for:
A. $32,332 in the Insurance Fund to transfer insurance monies received for various properties for Hurricane
Ike Recovery. Additionally, amend the various funds listed below for the insurance recovery.
a. Animal Shelter - $748 (Fund 00])
b. Fire Administration / Station - $20,063 (Fund 00])
c. Tire Shop - $4,904 (Fund 001)
d. Municipal Court (Supplement) - $1,881 (Fund 001)
e. Sports Center - $4,564 (Fund 001)
f. Lift Station #13 - $172 (Fund 002)
B. $21,319 in the General CIP Fund to set up a project for Golf Course Repairs. The funding will come from
a transfer from the Golf Course Fund to move transfer the remaining monies from TML for Hurricane Ike
Recovery. (The Golf Course Fund will not need to be amended for the transfer out, since that fund was
amended for the receipt of the TML insurance monies at the May 11 th Council meeting)
C. $45,600 in the General CIP Fund for two change orders needed for the Sylvan Beach Re-nourishment
Project. The increased funding will come from the General Fund balance; therefore, the General Fund will
also require an amendment of$45,600 for the transfer-out to the General CIP Fund.
D. $583,000 in the General CIP Fund for additional funding needed for the Sports Complex Project. The
increased funding will come from the General Fund balance; therefore, the General Fund will also require
an amendment of$583,000 for the transfer-out to the General CIP Fund.
$100,000 in the General CIP Fund for Golf Course ImprovementslRepairs. This item is a result of
discussions that occurred during the budget workshops held August 10th and 11th. The funding will come
from the General Fund balance; therefore, the General Fund will also require an amendment of $100,000
for the transfer-out to the General CIP Fund.
,him
Da te II
ORDINANCE NO. 3 Il5
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2008 THROUGH SEPTEMBER 30,2009; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2008, through September 30,2009, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1,2008, through September 30,2009.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
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 posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the /f4-aay Of5.tpkfXiJer ,2009.
F LA P
ATTEST:
C dJllilAt.t e!f;i1J
Martha ill ett , City Secretary
APPZ
/ tk7'~.
CI~k Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,724,383 36,382,175
Grant Fund 1,923,528 1,923,528
Street Maintenance Sales Tax 786,440 700,000
Community Investment 264,701 386,575
Hotel!Motel Occupancy Tax 583,575 463,749
Section 4B Sales Tax 1,647,506 4,339,685
Tax Increment Reinvestment 1,519,774 1,435,775
Total Governmental Types 40,449,907 45,631,487
Enterprise:
Utility 8,369,944 8,689,854
Sylvan Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,202,679 1,324,826
Total Enterprise 11,059,421 11,261,141
Internal Service
Motor Pool 2,107,688 2,640,159
Insurance Fund 3,945,027 4,575,547
Technology Fund 948,623 1,255,818
T otallnternal Service 7,001,338 8,471,524
Capital Improvement:
General 10,684,213 11,177,355
Utility 192,000
Sewer Rehabilitation 304,927 350,000
1998 GO Bond Fund 7,000 590,195
2000 GO Bond Fund 149,109
2002 GO Bond Fund 1,990
2004 C/O Bond Fund 861,883
2005 C/O Bond Fund 1,400 341,678
2005 GO Bond Fund 73,824
2006 C/O Bond Fund 5,000 2,212,267
2006 GO Bond Fund 2,500 18,021
2007 C/O Bond Fund 10,000 1,640,317
Other Infrastructure 17,282
Total Capital Improvement 11,224,322 17,416,639
Debt Service:
General 3,276,016 3,345,768
Utility 104,705 463,850
La Porte Area Water Authority 750,069 750,069
Total Debt Service 4,130,790 4,559,687
Total All Funds 73,865,778 87,340,478
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,964,274 38,597,498
Grant Fund 7,213,350 7,629,005
Street Maintenance Sales Tax 786,440 738,695
Community Investment 264,701 950,725
HotellMotel Occupancy Tax 583,575 551,249
Section 4B Sales Tax 1,647,506 4,469,935
Tax Increment Reinvestment 1,519,774 1,435,775
Total Governmental Types 45,979,620 54,372,882
Enterprise:
Utility 8,416,239 9,199,999
Sylvan Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,241,192 1,381,614
Total Enterprise 11,144,229 11,828,074
Internal Service
Motor Pool 2,110,144 3,018,851
Insurance Fund 4,220,524 4,887,093
Technology Fund 973,623 1,333,448
Total Internal Service 7,304,291 9,239,392
Capital Improvement:
General I 1,434,132 11,931,884
Utility 655,850
Sewer Rehabilitation 304,927 350,000
1998 GO Bond Fund 7,000 590,195
2000 GO Bond Fund 149,109
2002 GO Bond Fund 1,990
2004 C/O Bond Fund 861,883
2005 C/O Bond Fund 1,400 341,678
2005 GO Bond Fund 73,824
2006 C/O Bond Fund 5,000 2,212,267
2006 GO Bond Fund 2,500 18,021
2007 C/O Bond Fund 10,000 1,640,317
Other Infrastructure 17,282
Total Capital Improvement 12,438,091 18,171,168
Debt Service:
General 3,276,016 3,345,768
Utility 104,705 463,850
La Porte Area Water Authority 750,069 750,069
Total Debt Service 4,130,790 4,559,687
Total All Fund~ 80,997,021 98,171,203
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From:
To:
Cc:
Subject:
Date:
Barr Steohen
Bottoms Ron; Joerns John
Dolbv. Michael; Wolnv. Shellev
FW: Sylvan Beach - Proposed plan to address change orders
Wednesday, August 19, 2009 5:08:06 PM
Hello all
Per the attached email below, the additional City of La Porte funding needed for the two change orders,
as discussed in executive staff meeting, is $45,600 (TGLO will fund $38,400). I spoke with Michael
Dolby this afternoon and it is his opinion that we could easily draw down the General Fund Balance to
cover this shortfall without any major repercussions.
The argument could be made that Harris County should foot the bill for the storm sewer re-route in that
it drains county property. However, the County had a "not to exceed" clause in our Interlocal Agreement
with them for this project, of $600,000. That money has been paid so we can't go back to them to ask
for more.
As you may recall, there was excess funds in this project account totaling $280,000 that was returned to
the General Fund because I thought we weren't going to need it (which is actually where we are
proposing to take it back from). In hindsight, I should have kept a portion of it...
At any rate, this is where we are. I need to respond to Dennis ASAP so they can prepare the new
Amendment to the Project Cooperation Agreement. Thanks in advance for your help on this.
Stephen
-----Original Message-----
From: Dennis Rocha [mailto:Dennis.Rocha(ci)GLO.STATE.TX.US]
Sent: Wednesday, August 19, 2009 4:47 PM
To: Barr, Stephen
Cc: Benjamin Au; Jason Nezamabadi; Lorrie Council
Subject: Sylvan Beach - Proposed plan to address change orders
Hello Stephen,
The GLO has considered contingency options for moving forward on the
change orders to address the additional stone needed for completion of
the northernmost groin (#4) and the rerouting of the newly discovered
18* storm water drain that currently exits toward the south beach.
The GLO proposes the following plan to the City:
Priority #1 * in need of immediate attention
Prepare Change Order #2 for the contractor to purchase and place an
estimated 1,000 tons of additional armor stone to complete groin #4 and
to complete the gap in the revetment for the first storm drain
extension.
Total cost: $64,000 ($64jton contract price)
CEPRA share: 60% ($38,400)
Partner share: 40% ($25,600)
Priority #2 * not of immediate attention
Prepare Change Order #3 for the contractor to re-route the storm water
drain to an exit point south of the project boundary.
Total cost: $20,000 (initial contractor estimate only; not confirmed)
CEPRA share: 0% ($0.0)
Partner share: 100% ($20,000)
c.
The total cost increase for both change orders would be $84,000 with
the City*s share being $45,600 and the CEPRA share being $38,400.
Because the $84,000 would exceed the current Project Cooperation
Agreement (PCA) budget, the GLO would immediately process a PCA
amendment to address the budget increase with the cost-share apportioned
as outlined above.
Please let me know as soon as possible if the City concurs with this
proposed cost-share plan. We currently have URS and our Construction
Services Division preparing preliminary documents in anticipation of
these change orders.
Thanks,
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 24, 2008
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
Fund 1 5
Department:
Parks & Recreation
Acc't Number:
015-9892-975-1100
Report: -LResolution: _Ordinance:_
Amount Budgeted:
$4,042,986
$365,000
Exhibits:
Spreadsheet prepared by PCI
Amount Requested:
Exhibits:
Budget Worksheet
Budgeted Item:
YES X NO
Exhibits:
Letter from PCI
SUMMARY & RECOMMENDATION
The Youth Baseball Complex and park currently being constructed at the City's property at 3600 Canada
Road is well on the way to becoming a reality. As Council is aware, this has been a long odyssey with many turns along
the way.
The City hired Patak Construction, Inc., as the Construction Manager at Risk for the project. Mr. Patak has
worked diligently with the architect, Bob Randall, to value engineer the product and to keep the costs as small as
possible, while still providing a high quality product. The plans have been finished while the civil work has progressed,
according to our schedule. All of the components have been bid out and the bids that were most advantageous to the City
have been selected. Mr. Patak has compiled his project list and has prepared his Guaranteed Maximum Price (GMP), as
required by his contract. As with other City projects that were a part of the 2001 bond series, this project is in need of
additional funding. The GMP exceeds the budget that has been allocated for the project and staff has prepared some
adjustments to allow the project to be finished, with Council approval.
The initial budget (see attached Budget Worksheet) for the project was $4,042,986, of which $975,000 was
earmarked for the state-of-the-art Musco Sports Lighting for the 10 fields. The design contract was let to Randa1l-
Porterfield for $317,000, and the initial contract with Patak Construction, Inc. was set at $2,750,000, totaling $4,042,000.
After design has been completed and the value engineering accomplished through the partnership between the CMAR,
the Architect, and the City representatives, the GMP established by Patak Construction, Inc. for the project, is $3,600,480
for the complete project. The shortfall is $3,600,480, minus $2,700,000, is $900,480.
Staff has identified two capital projects that are stagnant and funding could be used to make up the
shortfall. GEN798, Parkland Acquisition with a balance of $231,430, was set up to purchase the land behind the
RFC and has run into a delay with the primary property owners. This account could be replenished at a future date
when the property owner(s) are more amenable to the purchase. GEN965, Park Upgrades, with a balance of
$225,000, was set up to enhance Little Cedar Bayou Park. The project was placed on hold while we waited to see if
there was going to be a shortfall with this sports complex project. This project can also be re-funded in a future year.
We also looked at reducing the contingency portion of this project by $80,000 as most pricing has already been
established. There is an inflation number built into the GMP ($59,629) that should be sufficient for any price
increases that may occur should the bid prices expire prior to award. If council concurs with the aforementioned
strategy we still have a funding shortfall of $358,000 - we are requesting a budget amendment in this amount,
coupled with the transfers, in order to complete the project.
Action Reauired bv Council:
Council authorize the transfer of $456,430 from projects GEN798 and GEN965 and appropriate an
additional $358,000 for the Youth Baseball Complex and Park.
Aooroved for City Council Al!enda
Ron Bottoms, City Manager
Date
D.
c
---
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 14. 2009
Appropriation
Requested By: S. Gillett
Source of Funds: N/A
Department: Public Works
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
N/A
Harris County Recommendation Letters
Budgeted Item:
Exhibits:
LPISD Recommendation
Exhibits
SUMMARY & RECOMMENDATION
Action Required bv Council:
Since the construction of Canada Road and Bay Area Blvd., the city has requested that Harris
County provide a traffic engineering study recommending speed limits. Attached are two (2)
letters from Harris County Public Infrastructure Department stating that the studies have been
performed and recommending speed limits for both, as follows:
Canada Road - Fairmont Parkway to Defiance - 45 mph
Defiance to West Main - 35 mph
Bay Area Blvd. - Fairmont Parkway to West Main - 45 mph
Signs have been in place since construction, and no changes are recommended.
The LPISD has recommended that the school zone times for the be changed (afternoon only), for
the Baker 6th Grade, Lomax Jr. Hi and La Porte Jr. Hi, from 2:30/4:30 pm to 3:00/5:00 pm.
-----
The attached ordinance amends the Code of Ordinances to reflect these changes.
CJ L"!Pi
Date
ORDINANCE NO. 2009 - j 11 Co
AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION",
ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED
LIMITS", BY AMENDING SECTION 70-97(b) "SCHOOL ZONES", OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE TO
CHANGE SCHOOL ZONE HOURS FOR CEDARMONT, MYRTLE
CREEK, AND CARLOW STREETS; AMENDING SECTION 70-101
"THIRTY-FIVE MILE PER HOUR ZONES" TO ADD PORTION OF
CANADA ROAD; AMENDING SECTION 70-103 "FORTY-FIVE MILE
PER HOUR ZONES" TO ADD BAY AREA BLVD., AND PORTION OF
CANADA ROAD; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUlL TY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter
70, Article III, Division 2, Section 70-97 "School zones", subparagraph "b", is hereby
amended in its entirety and shall hereinafter read as follows, to-wit:
"(b) The speeds established in this section shall be in effect between 7:00 a.m. and 9:00
a.m., and between 2:00 p.m. and 4:00 p.m., Monday through Friday of each week on
school days only, during the time periods when the school zone, to which such limits
apply, is posted as a school zone; except for subsections (a)(5), (a)(17), (a)(18), (a)(19),
(a)(20), (a)(21), and (a)(24) of this section, which shall have school zone hours in effect
between 7:30 a.m. and 9:30 a.m., and between 3:00 p.m. and 5:00 p.m., and subsection
(a)(28) of this section, which shall have school zone hours in effect between 7:00 a.m.
and 4:00 p.m. Timed flashing lights, as well as fixed signs, may be used to sign or post a
school zone. If a school zone is posted by both timed flashing lights and a fixed sign, the
hours posted on the fixed sign designates the school zone time periods, notwithstanding
whether or not the timed flashing lights are operational in such zone. All schools open all
year shall be additionally signed "all year." "
Section 2. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70,
Article III, Division 2, Section 70-101 "Thirty-five mile per hour zones", is hereby
amended by adding the following clause to said section, to be added in proper numerical
sequence, to-wit:
"(13) Along Canada Road from Defiance Street to West Main Street, a distance
of 1,750 feet, 0.33 miles."
Section 3. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70,
Article III, Division 2, Section 70-103 "Forty-five mile per hour zones", is hereby
amended by adding the following clauses to said section, to be added in proper numerical
sequence, to-wit:
"(6)
Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a
distance of 4,850 feet, 0.92 miles."
(7)
Along Canada Road from Defiance Street to Fairmont Parkway, a distance
of2,920 feet, 0.55 miles."
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 5: Should any section or part of this ordinance be held unconstitutional, illegal,
or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portions thereof; but as to such remaining portion or portions, the same shall
be and remain in full force and effect and to this end the provisions of this ordinance are
declared to be severable.
Section 6. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed to have committed a Class C
misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
HUNDRED DOLLARS ($200.00).
Section 7. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 8. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper of the City of La Porte at
least once within ten (10) days after the passage of this ordinance, in accordance with the
City of La Porte Charter.
PASSED AND APPROVED this the JLfJl-day of September, 2009.
ATTEST:
~d(i/~e0j;J
City Secretary
APPROVED:
affr,~~
City Attorney
HARRIS COUNTY
Public Infrastructure Department
Architecture & Engineering Division
Y::r
1001 Preston, 7th Floor
Houston, Texas 77002
(713) 755~5370
MEMORANDUM
DATE:
TO:
July 16, 2009
Commissioner Sylvia R. Garcia
Precinct 2
ATTN:
John Saavedra
cc:
FROM:
Roel Garcia
John R. BJOuntJ}/t
Janice B. Gray
Jack Rodriguez
Loyd Smith, P.E. 4-~.sc.
Manager of TraffiU~~ning and Design Section
Patrick D. Garrett
Andy Mao
Connie Clark
Central File
SUBJECT: Canada Road from Fairmont Parkway to Spencer Highway"
Speed Study
Pursuant to your request, we have conducted an engineering study to determine the
appropriate speed limit on Canada Road from Fairmont Parkway to Spencer Highway,
within the qity of La Porte.
The speed limit recommended is based on the 85th percentile speed, along with
physical conditions, roadside development, potential pedestrian activity, and driveway
frequency. In accordance with data and other criteria, we recommend a 45-mph speed
limit on Canada Road from Fairmont Parkway north to approximately Defiance Street,
and a 35-mph speed limit north of Defiance Street to Spencer Highway. Appropriate
signing is in place, however, a Speed Reduction sign 0N3-5) is recommended
northbound, approximately 500 feet In advance of the change in speed (35 mph) north
of Defiance Street. No other changes are recommended.
TMUTCD:. Sectioll 2C.30 Speed Reduction Sign (W3-5)
Guidance: .
A Speed Reduction (W3.S) sign (see Figure 2C-S) should be used to inform road users of a reduced
speed zone when engineering judgment indicates the 'need for advance notice to comply.with the posted
speed limit ahead.
Standard:
If used, the Speed Reduction sigu shall be followed by a Speed Limit (R2-1) sign Installed at the
beginning of the zOlle where the speed limit applies. The speed limit displayed on tbe Speed Reduction sign shall be
identical to the speed limit displayed on the subsequent Speed Limit sign.
'.
"
,
S~ould you need additional information, please advise.
LSfCEC/mmm
RE.CElVEO
JUL Z 0 2009
Debbie Valdez.
. .
t\cclark\p2\2009\canada,fnnnt to spencer speed.doc
0- .__--.._._u~~._.___..___._..... '---v".::.~.......-...--.....----_.- .__......_.......-...... .____--..,...~......_.... ..___.___ .._..._ .______~____...._.___...._.__... _...................._...... ~___~._.... ___,.~.__.____._,
HARRIS COUNTY
Public Infrastructure Department
Architecture & Engineering Division
;r~~
t/ C'-C:r
1001 Preston, 7th Floor
Houston, Texas 77002
(713) 755-5370
MEMORANDUM
DATE:
TO:
July 16, 2009
Commissioner Sylvia R. Garcia
Precinct 2
ATTN:
cc:
John Saavedra
FROM:
Roel Garcia
John R. Blount #
Janice B. Gray
Jack Rodriguez
Loyd Smith, P.E. ~
Manager of Traffic Planning and Design Section
Patrick D. Garrett
Andy Mao
Connie Clark
Central File
SUBJECT: Bay Area Boulevard from Falrmont Parkway to Spencer Highway
Speed Study
Pursuant to your request, we have conducted an engineering study to determine the
appropriate speed limit on Harris County maintained road, Bay Area Boulevard I from
Fairmont Parkway to Spencer Highway that is within the City of La Porte.
The speed limit recommended is based on the 85th percentile speed, along with
physical conditions, roadside development, potential pedestrian activity, and driveway
frequency. In accordance with data and other criteria, we recommend a 45-mph speed
limit for this section of Bay Area Boulevard. Appropriate signing is in place. ~
changes are recommendeej.
.. ..,.Shou Id~ou..need-additionaLlt:lf.or.matiGllj---please..advise..-------__.
LS/CEC/mmm
RECE\VED
JUL l 0 2009
Oebbip V9-ldeZ
1:\cclark\p2\2009\bayarea,frmnt to spencer speed,doc '
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Gillett, Steve
From:
Sent:
To:
Subject:
Joerns, John
Friday, August 28, 2009 8:30 AM
Gillett, Steve; Adcox, Kenith
FW: School zones and hours
From: Clausen, Mike [mailto:ClausenM@lpisd.org)
Sent: Friday, August 28,20098:21 AM
To: Joerns, John
Subject: RE: School zones and hours
John,
First of all the morning times at aU school zones will stm apply and wilf all be the same - 7:00 AM until 9:00 AM. What we
are asking to change are the afternoon release times to 3:00 PM until 5:00 PM at the following locations:
Baker 6th Grade This would include Spencer Highway and Underwood Rd. It would also include Myrtle
Creek, Cedarmont, and part of Antrim.
Lomax Junior High
This would only be zone on Ave. L in front of the school.
La Porte Junior High This zone wiU include La Parle Elementary but they don't release until 3:10 so the time
should be all right. It will include Broadway, San Jacinto S1. along with C S1. and G S1.
We believe this is very important for the safety of our students. If I can help in any way please call me.
Mike
From: Joerns, John [mailto:JoernsJ@laportetx.gov]
Sent: Thursday, August 27,20092:55 PM
To: Clausen, Mike
Cc: Gillett, Steve; Adcox, Kenlth
Subject: School zones and hours
1
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 14, 2008
Appropriation
Requested By:
Stephen L. Barr
Source of Funds: FEMA Sylvan Reach Escrow
Department:
Parks & Recreation
Acc't Number: 1-000-202-0610
$479,314 & $231,560
Report: _Resolution: _Ordinance:
Amount Available:
Exhibits:
Architectural Contract
Amount Requested:
49,750
Exhibits:
Bud!!.eted Item:
YES
NO X
Exhibits:
SUMMARY & RECOMMENDATION
The Sylvan Beach Fishing Pier was heavily damaged by Hurricane Ike in September 2008. The City's agreement for
operation of the fishing pier calls for the City to take the lead in the replacement process. The City submitted claims for
insurance and through FEMA for replacement funds. Although the City of La Porte insured the pier for windstorm
damage, it was not insured for flood. FEMA initially set the damage response at $129,314.07, anticipating the
remainder from our insurance. After the insurance adjusters determined that our coverage was not applicable, FEMA
adjusted their damage estimate upwards by an additional $350,000, for a total of $479,314.27. This share of the funding
is payable to the City at the time we receive bids from qualified contractors ($479,314.27).
In addition, the City/County Pier Escrow Fund has a balance available for repairs of $231 ,560.02, bringing our
total available funding for replacement, to $710,874.29. In 2007 we solicited and received an estimate from Marine,
Inc., a local marine construction company, for complete removal and replacement of the pier, at +/- $450,000 (please
note that this is pre-Ike pricing). So, we should have enough money to remove the existing pier and pilings, replace the
pier, and still retain a beginning balance in the escrow for future protection.
The new pier will be designed in the same manner as the Seabreeze pier, which suffered much less damage
than the Sylvan Beach pier, with design being only one of the variables that affected the Sylvan Beach pier. Bob
Randall, of Randall-Porterfield Architects, designed the Seabreeze Pier and has submitted a proposal for the re-design
of the Sylvan Beach Pier. Total basic services proposed are $45,250 with additional services for ADA and possible
U.S. Army Corps of Engineer permitting costs totaling an additional $3,500; for a total proposed cost of$49,750.
Funding for design and demolition of the existing pier can be taken from the escrow fund, and once the design
is completed and bid out, the FEMA funding should be remitted and available for use.
Staff recommends authorization for the City Manager to execute the proposed contract.
Action Required bv Council:
Consider authorizing the City Manager to execute a contract with Randall-Porterfield Architects,
Inc. for demolition and re-design of the Sylvan Beach Fishing Pier.
~t,
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R .\ N D '\ I L
I'OR'TVHF!VLD
'\1(('HITE(T:-., !i>le.
_ 1_ 1_ ._ ,__,_____
August 19,2009
Mr. Stephen Barr, Director
Parks & Hecreation Department
1322 S. Broadway
La Porte, Texas 77573
Re: Sylvan Beach Pier Reconstruction
Dear Stephen,
11le following proposal is submiucd for City Staff review and consider.uion in response to your request for
architectural a_slslance on the above referenced project.
We undc:rstand the scope of services includes the following with a construction budget of S6oo.ooo (",).
Basic S.c;!yjc~s~ 7.5% on;600.000 ~ S45.250
I . Design of an 1 100 LF lighted fishing pier (@ 11,600 SF) which may or may not
~ placed in the same fOOl print.
$23,500
2. Public Bidding (two meetings) and Construction Administration including (4) trips
through completion.
SI8.000
3. Demo package (exist. piling & pier structure)
$3.750
Total Balic Scrvius:
545,250
Note: Ou r proposal assumes the Contractor on site will provide demolition and disposal of the existing
marine structure.
Reimb~bl~s:.'(pcnscs (AlIowancc)
), Provide ADA plan and field reviews lllr H:C Accessibilily
Si,500
4. COE Permit coordination / application (ifrequired) for relocation
of pier.
hourly to S3,000 Ceiling
5. Allowance for printing documents, electronic liles, and postage
By Owner
Should you tind this acceptable please sign and return a copy of this Jetter within (30) days to allow us to complete
the bid documents in approximately (60) days.
Thank you for the opportunity 10 cominue to assistlhe City of La Porte in expanding their recreational oppoltunities.
Sincerely.
~
Rubert A. Randall. A.I.A
Randall-Poru:rficld An;hitecL~, Inc.
RIVv"
565 FM 270 North
League City, TX 77573
G.~\Ctty u l. P&1"\Syl..lWl P*~~ 60c
281-332-6680
Fax: 281-316-6920
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 14. 2009
Appropriation
Requested By: Ray Nolen
Source of Funds:
N/A
Department:
li'MS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Copy of BID Agreement
Exhibits:
Budgeted Item: YES NO
Exhibits:
COpy of Al!:reement Invoice
Exhibits:
SUMMARY & RECOMMENDATION
Annual agreement renewal between the City of La Porte EMS and the companies located within the Battleground
Industrial District (North ofHwy 225 between Battleground Rd. and Hwy 146) for Emergency Medical Service for
a period of twelve months.
The attached 2009-10 agreement is calculated at a rate of $21.00 per employee, per year. This is an increase of .81
cents per employee over the previous year's negotiated rate. The total agreement amount invoiced will be based on
an Average Daily Population at each company.
Attached is an ordinance authorizing the City Manager to execute individual agreements effective October 1,2009
with the companies located within the Battleground Industrial District for Emergency Medical Service.
The agreements will expire on September 30, 2010.
2007-08 Revenues - Actual $69,850.88
2008-09 Revenues - Actual $59,237.46
2009-10 Revenues - Projected $60,000.00
Recommend that council approve the City Manager to execute the submitted agreement letter for providing
Emergency Medical Service to the companies located within the Battleground Industrial District.
J. h 11>~
Da e
ORDINANCE NO. 2009- 3 J / ']
AN ORDINANCE APPROVING .AND AUTHORIZING AGREEMENT LETTERS BETWEEN
THE CITY OF IA PORTE .AND COMPANIES LOCATED WITHIN THE BATTLEGROUND
INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS
FINDINGS .AND PROVISIONS REIATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS IAW, .AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the agreements, or other undertaking
described in the title of this ordinance, a copy of which is on
file in the office of the City Secretary. The City Manager is
hereby authorized to execute such documents 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 of the City of La Porte
officially finds,
determines,
recites,
and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2009-J..1!J!L
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of September, 2009
By:
ATTEST:
<-J}Jh~~i4~t{</1JL
Secretary
---&~
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2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 14, 2009
Report:
Resolution:
Ordinance: X
Appropriation: N/A
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item:
Requested By: Tim Tietiens
Department: Planninl!:
Exhibits:
Draft Ordinance
Ordinance (final)
SUMMARY & RECOMMENDATION
City Council directed staff to conduct a review of the existing provisions of Section 106-742, Code of Ordinances,
Chapter 106 (Zoning) regarding the number of animals permitted per acre. Currently two grazing animals are
allowed per acre. This request was made in conjunction with citizen's questions as follows:
· To allow recreational livestock as a permitted accessory use on lots in excess of I-acre,
· No specific concentration of recreational livestock be established, and
· To reduce the buffer requirements for grazing livestock.
On July 16,2009, the Planning and Zoning Commission held a preliminary public hearing/workshop where Staff
presented an overview of the provisions mandated by the current City ordinance and similar approaches adopted by
the neighboring cities regarding domestic livestock. Staff also shared the results of the research by the American
Planning Advisory Services pertaining to domestic livestock.
Staff worked diligently with the Planning and Zoning Commission to address issues raised by the citizens and
drafted amendments to the ordinances which had consensus from the audience during public testimony. Proposed
amendments to the ordinances are as follows:
· Recreational livestock is a permitted accessory use kept on tracts of contiguous land totaling one acre in
size or larger.
· In the event of recreational livestock, no specific concentration is established but the requirements of
Section 34-126 shall be applicable.
· The buffer zone is reduced from 25 feet to 5 feet only from the property that is not devoted to keeping of
domestic livestock.
After a public hearing at the August 20, 2009, meeting, the Planning and Zoning Commission, by unanimous vote,
recommended the above amendments to the Zoning Ordinance regarding domestic livestock.
Action Required bv Council:
1. Conduct a Public Hearing.
2. Consider Planning and Zoning Commission's recommendation for proposed amendments to Section 106-
742 of the Code of Ordinances pertaining to domestic livestock.
~ /, ~9
Date
ORDINANCE NO. 3/1 ~
-~~-
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF /THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, IN GENERAL,
SECTION 106-1, DEFINITIONS, ARTICLE V, SUPPLEMENTARY DISTRICT
REGULATIONS, DNISION 2, ACCESSORY BUILDINGS, USES, AND EQUIPMENT,
SECTION 106-742, DOMESTIC LNESTOCK WITH REGRADS TO REGULATING THE
KEEPING OF ANIMALS WITHIN THE CITY OF LA PORTE, LARGE LOT (LL)
DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTNE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, Zoning, Article I, In General, Section 106-1, Definitions, is
hereby amended to add the following words, terms and phrases shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Fowl means any goose, chicken, peacock, guinea, duck, turkey, and/or other member of the bird
family.
Grazing Livestock means domestic livestock (including but not limited to cattle, horses, sheep,
goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal
circumstances in concentration defined herein in this chapter.
Recreational Livestock means domestic livestock (including but not limited to cattle, horses,
sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring
supplemental feed and care in order to be kept in concentration defined in this chapter.
Section 2: That Chapter 106, Zoning, Article V, Supplementary District Regulations,
Division 2, Accessory buildings, Uses, and Equipment, Section 106-742, Domestic Livestock, is
hereby amended to read as follows:
(a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted
accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic
livestock as defined above be restrained by a properly constructed and maintained fence no
closer than five feet from property that is not devoted to the keeping of domestic livestock or by
a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock
and to prevent intrusion into neighboring residential properties, and provided further that said
domestic livestock be kept in a concentration that is less than or equal to:
(1) Two cows per acre.
(2) Two horses per acre.
(3) Two hogs per acre.
(4) Two sheep or goats per acre.
Plus one (1) head for each additional one-half (Y2) acre ofland on the same parcel.
(b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows,
or horses) shall be cumulative. In the event of fowl or recreational livestock in the Large Lot
uses, no specific concentration is established herein, but in no event, shall the cumulative
concentration of fowl, grazing or recreational livestock be such as to create a health hazard or
nuisance. The requirements of section 34-126 et seq. shall apply in any event.
(c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale,
whether engaged in as a primary or accessory activity, shall be considered a conditional use as
specified by Section 106-331, Table A.
(d) Large Lot district only.
(1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land
(under one ownership) totaling one (1) acre in size or larger.
(2) For any pre-existing, non-conforming livestock use, without the required primary
structure in existence prior to this ordinance, shall be permitted upon submittal and
subsequent City approval. Upon such approval registration form shall be issued to the
property owner.
(3) Recreational livestock concentration shall not exceed grazing livestock concentration
unless the following provisions are met:
a. A barn and/or similar structure adequate to house livestock is provided to
accommodate the number oflivestock regardless of type.
b. Proper maintenance/care is adequately provided, and
c. The site shall be maintained to avoid any public nuisance.
2
Section 3: All ordinances or parts of ordinances inconsistent with the terms ofthis ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council is posted at a place
convenient to the public at the City Hall of the city for the time required by law preceding this
meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this lheJ!l:. day Of+~ ,2009.
CITY F LAPORTE
('.....--
By:
ATTEST:
viJl-1ttM L t1uI
City Secretary
APP~~
I~'~A
Assistant City Attorney
3
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10
Agenda Date Requested:
Sentember 14. 2009
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: S. Gillett
Department:
Public Works
Report: X Resolution:
Ordinance:
Exhibits:
Source of Funds:
GEN957
Account Number:
015-9892-957-11 00
Amount Budgeted: $1.000.000
Amount Requested: $206.450
Proposal to Perform Preliminary Engineering
Budgeted Item: Yes
Exhibits:
Agreement
Exhibits
SUMMARY & RECOMMENDATION
Upon completion of the City-Wide Master Drainage Plan, Klotz was selected to perform a detailed study of drainage
problems in Fairmont Park East, specifically along Fleetwood Drive and adjacent streets. The initial results of this study
were presented to the Drainage and Flooding Committee on June 24, 2009. After discussion and comments from
Committee Members, staff and area residents, Klotz examined, in detail, two (2) alternatives and made recommendations at
a subsequent meeting on July 29,2009 to consider a combination of the two (2) alternatives. After discussion and comments
from Committee Members, staff and area residents at the August 19, 2209 meeting, The Committee directed staff to
negotiate a contract to prepare a Preliminary Engineering Report (PER) to evaluate all alternatives and recommend a cost-
effective solution to the problem. Once the PER is completed and accepted, final design and construction can begin on the
final selected solution. Klotz has presented an Engineering Agreement to perform the Preliminary Engineering Report
(attached). The cost of the Proposal is as follows:
Basic Services - Lump Sum
XP-SWMM Modeling
No-Impact Report (Flood Control)
Preliminary Design
Prepare PER
Reimbursable Expenses
Subtotal Lump Sum
Basic Services - Not to Exceed
Project Management/Meetings
Mitigation Plan (Flood Control)
Address Comments - City and Flood Control
Subtotal Not to Exceed
Additional Services
Geotechnical Analysis
Surveying
Subtotal Additional Services
$22.500
6,500
24,500
19,200
~
$ 73,100
$20,900
10,500
14.800
. -----
$ 46,200
$ 7,700
79.450
$ 87.150
$206.450
uired b Council: Authorize the City Manager to execute an agreement with Klotz Associates to
eliminary Engineering Report for the Fleetwood Drive Street and Drainage Project for a total cost of
k lot z 4~~ ass 0 C I ate 5
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
h ou sto n. office@klotz.com
September 3, 2009
Mr. Ron Bottoms
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Scope of Professional Engineering Services for
Fairmont Park East Preliminary Engineering Report (PER)
City of La Porte, Texas
Klotz Project No. 0127.012.000
Dear Mr. Bottoms:
As requested, submitted herein is a proposal for professional engineering services to prepare a
preliminary engineering report for proposed drainage and roadway improvements in the
Fairmont Park East subdivision. These services will be performed under the attached Engineers
Joint Contract Documents Committee (EJCDC) Agreement.
UNDERSTANDING OF THE PROJECT
Klotz Associates was contracted by the City of La Porte to analyze potential alternatives to
improving drainage conditions in the Fairmont Park East subdivision. A report titled "Fairmont
Park East & Brookglen Drainage Study" dated May 2009 was prepared; in addition, per request
by the City, a letter addendum dated August 2009 was prepared which further analyzed two of
the alternatives and an additional one. Based on these analyses, the City of La Porte has decided
to move forward with roadway and drainage improvements. The PER will include improving
portions of the storm sewer system along Fleetwood Drive, from Spencer Highway to the outfall
at Harris County Flood Control (HCFCD) Unit B 1 06-02-00 and along a portion of all the side
streets in addition to improving the outfall into HCFCD Unit B 1 06-02-00. This alternative also
includes lowering a portion of Fleetwood Drive in order to facilitate overland flow.
This PER will take the data gathered and analyzed as part of the previous studies and perform a
more detailed analysis of the chosen alternative. Detailed survey will be obtained as part of this
effort. This survey will be used to develop XP-SWMM models for the existing and proposed
conditions. For both scenarios, it will be necessary to analyze both the storm sewer system
(underground flow) and the overland flow patterns (surface flow). A comparison of the existing
and proposed conditions will determine what impacts, if any, the proposed improvements will
k lot z 4~. ass 0 cia t e s
Mr. Ron Bottoms
September 3,2009
Page 2 of5
produce. If impacts do occur, mitigation will be required. The PER will quantify the impacts
and propose a form of mitigation in order to eliminate the impacts.
All proposed development draining directly to Harris County facilities require a review by
HCFCD for impacts to flood waters. HCFCD is the local regulatory branch charged with
Stormwater Management compliance for all projects draining to, or within, Harris County main-
stem streams. As a participant in the National Flood Insurance Program (NFIP) proposed new
development and significant redevelopment draining to County drainage facilities cannot result
in increased adverse peak discharges and/or adverse increases in water surface elevations in
receiving streams.
As part of our services, Klotz Associates will prepare an impact analysis report for submittal to
the HCFCD for review. This signed and sealed report will be submitted to HCFCD and will
describe the methods used to determine impacts and provide mitigation for those impacts. The
purpose of the study is to demonstrate that the proposed improvements will have "no-impact" on
receiving streams for storm frequencies up to, and including, the 100-year rainfall event.
Included in the report shall be calculations, maps, and supporting data provided by both parties.
Coordination between the City of La Porte and Klotz Associates will be required and include
emails, meetings, and telephone conference calls as necessary through the completion of the
project.
On receipt of written notice-to-proceed, Klotz Associates will perform professional engineering
services for the City as listed under the Scope of Basic Services described herein and in
accordance with the Letter of Agreement for Consulting Services.
SCOPE OF BASIC SERVICES
A. Proiect Planning and Initiation
1. Develop Project Plan, kickoff meeting, resource allocation & schedule.
2. Meet with both the City and HCFCD.
3. Klotz Associates will gather design data as needed from other sources. The City
will provide record information, in lieu of as-built drawings, for roadways and
utilities (storm, water and sanitary) within the project limits and the City will survey
the house slab elevations. Any information not provided by the City will be
obtained and invoiced to the City.
4. Coordinate with surveyor to obtain detailed survey.
B. Analvsis
5. Develop XP-SWMM models for the existing storm sewer system and existing
overland sheet flow patterns.
k lot z .~. ass 0 cia t e s
Mr. Ron Bottoms
September 3, 2009
Page 3 of5
6. Develop XP-SWMM models for proposed storm sewer system and proposed
overland sheet flow patterns. Adjust models to optimize proposed size of storm
sewer system and overland sheet flow system along Fleetwood Drive.
7. Compare proposed and existing conditions and identify impacts.
8. Quantify amount of mitigation necessary to offset impacts.
9. Develop proposed roadway profile.
10. Research existing utilities and identify potential utility conflicts using survey and
available data provided by the City.
11. Analyze mitigation elements.
12. Determine if any right of way will need to be acquired.
13. Perform a constructability review and identify any critical elements.
14. Identify potential environmental issues.
15. Prepare a preliminary construction cost estimate.
16. Prepare draft PER.
17. Perform internal QA/QC and address comments.
18. Meet with City to submit and discuss PER. City review time is estimated between
two (2) and four (4) weeks.
19. Prepare impact analysis report for HCFCD submittal, include write up, exhibits and
tables.
20. Perform internal QA/QC and address comments.
21. Meet with HCFCD to submit and discuss impact analysis report. HCFCD review
period is estimated between two (2) and four (4) weeks.
22. Address comments from City and HCFCD, if any.
23. Submit final PER to City.
24. Submit final impact analysis report to HCFCD.
C. Deliverables:
25. Copies of correspondence from HCFCD.
26. Originals of signed and sealed impact analysis for City and HCFCD.
27. Electronic copies in PDF format of report, models and calculations on Compact
Disks (CDs).
TERMS
Specific items excluded from this proposal are Conditional Letter of Map Revision (CLOMR),
CLOMR based on Fill (CLOMR-F) or other submittals to FEMA. Any environmental
assessment or study is also excluded from this proposal. These services are considered
additional services and may be performed by Klotz Associates for an additional fee.
k lot z ~~. ass 0 cia t e 5
Mr. Ron Bottoms
September 3,2009
Page 4 of5
BUDGET AND FEES
Klotz Associates proposes to perform the tasks for the fees listed below. It is assumed that the
City will pay for any review fees.
TASK
BASIC SERVICES - LUMP SUM
XP-SWMM Modeling
Prepare No-Impact Report
Preliminary Design
Prepare PER
Reimbursable Expenses
BASIC SERVICES - NOT TO EXCEED
Project Management, Client Coordination and Meetings
Mitigation Plan
Address Comments from the City and HCFCD
TOTAL BASIC SERVICES
FEE AMT
$22,500.00
$6,500.00
$24,500.00
$19,200.00
$400.00
$20,900.00
$10,500.00
$14,800.00
$119,300.00
ADDITIONAL SERVICES
Geotechnical Analysis
Surveying
$7,700.00
$79,450.00
TOTAL BASIC AND ADDITIONAL SERVICES
$206,450.00
SCHEDULE
It is expected that a draft PER will be completed and submitted to the City within four (4)
months of authorization and notice to proceed and three months from receipt of survey data. The
review period for HCFCD varies between two (2) weeks and four (4) weeks. The review period
for the City has been given as two (2) weeks. Once the City has reviewed the PER and returned
comments to Klotz Associates, the PER report will be updated within two weeks. The impact
analysis report will be submitted to HCFCD for review within four weeks of authorization using
initial assumptions. If HCFCD has comments, the report will be revised and submitted for
acceptance within two (2) weeks. Based on a review time of two (2) weeks for a City review and
four (4) weeks for a HCFCD review, the work proposed herein will be completed within
Approximately 5 months and one week of receipt of written authorization to proceed.
k lot z ~~. ass 0 cia t e 5
Mr. Ron Bottoms
September 3, 2009
Page 5 of 5
CLOSING
If this proposal meets with your approval, please sign the attached contracts and return one (1)
original to Klotz Associates. We are prepared to proceed within 24 hours of receipt of your
written authorization to proceed.
We appreciate the City of La Porte considering us for this important project. Please do not
hesitate to contact me or Cynthia L. Kelsch, P.E. with questions or concerns regarding this
proposal.
RLJ :az
Attachment
This document has important legal consequences; consultation with an attomey is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
ACEC
I National Society of .SClr Am~r~can S,ociety
Professional Engineers@ iiSI .. of C,v,l Engmeers
PRO IONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Avo,,:!,.., Cot:rinl. IH F~H~!",r:U~I~I~ Cn"WA,l'nf;,;
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700,
2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one
may necessitate a change in the other.
EJCDC E-520 Short Form of Agreement Between Owner and Enginee." for Professional Services
Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
SPECIAL NOTE ON USE OF THIS FORM:
This abbreviated Agreement form is intended for use only for professional services of limited scope and complexity. It does
not address the full range of issues of importance on most projects. In most cases, Owner and Engineer will be better served
by the Standard Form of Agreement Between Owner and Engineer for Professional Services (No. E-500, 2002 Edition), or
one of the several special purpose EJCDC professional services agreement forms.
Copyright ~ 2002 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
10 I 5 15th Street N. W., Washington, DC 20005
American Society of Civil Engineers
180 I Alexander Bell Drive, Reston, VA 20 I 91-4400
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright i!J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of
("Effective Date") between
("Owner")
City of La Porte
and Klotz Associates, Inc.
("Engineer")
("Project").
Engineer agrees to provide the services described below to Owner for
Fairmont Park East Preliminary
Engineering Report
Description of Engineer's Services: Refer to Proposal dated September 3,2009.
Owner and Engineer further agree as follows:
1.01 Basic Agreement
A. Engineer shall provide, or cause to be provided,
the services set fOlth in this Agreement, and Owner shall
pay Engineer for such Services as set forth in
Paragraph 9.01.
2.01 Payment Procedures
A. Preparation of Invoices. Engineer will prepare
a monthly invoice in accordance with Engineer's standard
invoicing practices and submit the invoice to Owner.
B. Payment of Invoices. Invoices are due and
payable within 30 days of receipt. If Owner fails to make
any payment due Engineer for services and expenses
within 30 days after receipt of Engineer's invoice, the
amounts due Engineer will be increased at the rate of
1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day. In
addition, Engineer may, without liability, after giving
seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full
all amounts due for services, expenses, and other related
charges. Payments will be credited first to interest and
then to principal.
3.01 Additional Services
A. If authorized by Owner, or if required because
of changes in the Project, Engineer shall furnish services
in addition to those set forth above.
B. Owner shall pay Engineer for such additional
services as follows: For additional services of Engineer's
employees engaged directly on the Project an amount
equal to the cumulative hours charged to the Project by
each class of Engineer's employees times standard hourly
rates for each applicable billing class; plus reimbursable
expenses and Engineer's consultants' charges, ifany.
4.01 Termination
A. The obligation to provide further services under
this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written
notice in the event of substantial failure by the
other party to perform in accordance with the
Agreement's terms through no fault of the
terminating party.
b. By Engineer:
I) upon seven days written notice
if Engineer believes that Engineer is
being requested by Owner to furnish or
perform services contrary to Engineer's
10f4
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
responsibilities as a licensed professional;
or
2) upon seven days written notice
if the Engineer's services for the Project
are delayed or suspended for more than
90 days for reasons beyond Engineer's
contro I.
3) Engineer shall have no liability
to Owner on account of such termination.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of a
substantial failure under paragraph 4.0 I.A.I.a
if the party receiving such notice begins, within
seven days of receipt of such notice, to correct
its failure and proceeds diligently to cure such
failure within no more than 30 days of receipt
of notice; provided, however, that if and to the
extent such substantial failure cannot be
reasonably cured within such 30 day period,
and if such party has diligently attempted to
cure the same and thereafter continues
diligently to cure the same, then the cure period
provided for herein shall extend up to, but in
no case more than, 60 days after the date of
receipt of the notice.
2. For convenience, by Owner effective upon the
receipt of notice by Engineer.
B. The terminating party under paragraphs
4.0 l.AI or 4.0 l.A.2 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Engineer to demobilize personnel and
equipment from the Project site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
5.01 Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.01 Successors, Assigns, and Beneficiaries
A Owner and Engineer each is hereby bound and
the partners, successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 6.01.B the assigns of
Owner and Engineer) are hereby bound to the other party
to this Agreement and to the partners, successors,
executors, administrators, and legal representatives (and
said assigns) of such other party, in respect of all
covenants, agreements, and obligations of this
Agreement.
B. Neither Owner nor Engineer may assign, sublet,
or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting,
or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this
Agreement.
7.01 General Considerations
A The standard of care for all professional
engineering and related services performed or furnished
by Engineer under this Agreement will be the care and
skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time
and in the same locality. Engineer makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with Engineer's services. Engineer and its
consultants may use or rely upon the design services of
others, including, but not limited to, contractors,
manufacturers, and suppliers.
B. Engineer shall not at any time supervise, direct,
or have control over any contractor's work, nor shall
Engineer have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of
construction selected or used by any contractor, for safety
precautions and programs incident to a contractor's work
progress, nor for any failure of any contractor to comply
with laws and regulations applicable to contractor's work.
C. Engineer neither guarantees the performance of
any contractor nor assumes responsibility for any
contractor's failure to furnish and perform its work in
accordance with the contract between Owner and such
contractor.
D. Engineer shall not be responsible for the acts
or omissions of any contractor, subcontractor, or supplier,
or of any contractor's agents or employees or any other
persons (except Engineer's own employees) at the Project
site or otherwise furnishing or performing any of
construction work; or for any decision made on
interpretations or clarifications of the construction
contract given by Owner without consultation and advice
of Engineer.
E. The general conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract
Documents Committee (No. C-700, 2002 Edition).
F. All design documents prepared or furnished by
Engineer are instruments of service, and Engineer retains
an ownership and property interest (including the
20f4
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
copyright and the right of reuse) in such documents,
whether or not the Project is completed.
G. To the fullest extent permitted by law, Owner
and Engineer (1) waive against each other, and the other's
employees, officers, directors, agents, insurers, partners,
and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to the
Project, and (2) agree that Engineer's total liability to
Owner under this Agreement shall be limited to $50,000
or the total amount of compensation received by
Engineer, whichever is greater.
H. The parties acknowledge that Engineer's scope
of services does not include any services related to a
Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or
waste, and radioactive materials). If Engineer or any other
party encounters a Hazardous Environmental Condition,
Engineer may, at its option and without liability for
consequential or any other damages, suspend performance
of services on the portion of the Project affected thereby
until Owner: (i) retains appropriate specialist consultants
or contractors to identify and, as appropriate, abate,
remediate, or remove the Hazardous Environmental
Condition; and (ii) warrants that the Site is in full
compliance with applicable Laws and Regulations.
8.01 Total Agreement
A. This Agreement (consisting of pages 1 to 4
inclusive together with any expressly incorporated
appendix), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or
oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
3of4
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
INSTRUCTIONS TO USERS FOR COMPLETION OF AGREEMENT:
1. Select and retain as Page 4 of 4 one of the four method of payment pages that follow.
2. Remove and discard this page and the three unused method of payment pages.
Instruction Page - Remove and Discard
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright <<::l2002 National Society of Professional Engineers for EJCDC. All rights reserved.
9.01 Payment (Lump Sum Basis)
A. Using the procedures set forth in paragraph 2.0 I, Owner shall pay Engineer as follows:
I. A Lump Sum amount of $
206,450.00
B. The Engineer's compensation is conditioned on the time to complete construction not exceeding l months
and I week.
Should the time to complete construction be extended beyond this period, total compensation to Engineer shall be
appropriately adjusted.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page I.
OWNER:
ENGINEER:
By:
By:
Title:
~"p J C~
filL{ 10 f
I (
1tt~!4)
~
Title:
Vice President
Date Signed:
Date Signed:
License or Certificate No. and State F-929
Address for giving notices:
Address for giving notices:
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
40f4
(Lump Sum Basis)
EJCDC E-520 Short Form of Agreement Between Owner and Engiueer for Professional Services
Copyright il:> 2002 Natioual Society of Professional Engineers for EJCDC. All rights reserved.
11
CITY COUNCIL DRAINAGE REPORT
SEPTEMBER 14, 2009
Klotz Design and Contract Construction
Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont
Park West. Brookglen and Fairmont Park East. Design is 95% complete. Staff is
currently reviewing plans and identifying needed easements for construction.
Affected property owners have been notified by letter of the easement requests,
and need for acquisition. Survey of required easements will begin after initial
contact with residents. Individual, on-site meetings were held with seven (7)
owners of easements along proposed sheet flow paths to advise them of upcoming
construction and to hear their concerns. Meetings are going well. Three (3) more
are scheduled - four (4) more as yet unscheduled.
. Drainage Study of Brookglen and Fairmont Park East. The Consultant has
presented a revised recommendation at the Drainage and Flooding Committee
meeting scheduled for August 19, 2009. Staff was directed to negotiate an
agreement with Klotz Associates to prepare a Preliminary Engineering Report,
incorporating detailed survey data with hydraulic modeling to determine the best
mix of the three (3) alternatives presented. The Agreement will be presented to
City Council for consideration at the September 14, 2009 meeting.
A meeting was held on September 2, 2009 with Mike Talbot of HCFCD to
discuss the Brookglen area. Apparent problems with the modeling in the
Brookglen area were discussed along with options and solutions. Talbot was
willing to work with our more detailed engineering information on the B1l2-02
plan as long as the information supports an abatement of losses.
The next buyout application is due by end of September. They need us to confirm
their candidate list taking into account the effects of B112-02 improvements and
avoiding the checkerboard effects to the community as much as possible. Made
request for 2008 LIDAR GIS layer available in l' contour. Made request for GIS
buyout layer. (Received latest map listing of SRL eligible candidates 8-30-09).
Draft letter to Brookglen residents is complete and under final review. Letter
details our four-prong approach to making Brookglen more flood resistant. Letter
will be sent out in September.
In-House Design and Construction ofProiects Identified in the Drainage Master Plan.
· Farrington at B106-00-00. Design complete. Construction was scheduled for
August, but has been moved to September.
· Valleybrook (Glen Meadows). Designed as a sheet flow path through property
scheduled for Federal Buy-Out, the property owner has declined the buy-out,
rendering the design moot. Staff has contacted residents on both sides of the
proposed outfall - they are willing to move fences and allow a concrete flume to
be constructed. In-house design is underway.
. Creekmont Park Outfall. Storm system tie-in to Harris County's Precinct 2 - 72"
storm sewer trunk line at North "H" Street is I 005 complete and is functioning.
Personnel are currently beginning process of re-grading park to facilitate flow of
storm runoff to the "H" street system. Expect to complete the Project in Mid-
September.
In-House Design and Construction of City-initiated Projects.
. South La Porte Bay Outfalls. Drainage area mapped and potential outfalls
identified along South Broadway south of Fairmont Parkway. Oakhurst Street
selected as the initial project due to available ROW, central location and the
shortest avenue to the Bay. Design is 100% complete. Plans have been circulated
to affect utilities for possible relocation prior to bidding and construction. Expect
to bid the Project in late November or early December.
. South La Porte Drainage Maintenance Plan. The subdivisions along and east of
South Broadway south of Fairmont Parkway will be surveyed and mapped,
necessary improvements designed and constructed. This is an ongoing effort and
will begin upon completion of South La Porte Bay Outfalls.
In-House Drainage Maintenance Activities.
. Bayside Terrace. Cleaning of ditches and resetting of culverts has been
completed with exception to the south end of Fondren. Engineering is attempting
to determine a course of action for relief of the south end of Fondren Street.
Storm Inlet box repairs and improvements 100% complete. Remaining work to be
done: Personnel have begun water jetting of Faulk Court, Humphreville, Bonner
and Lane Court underground drainage system. Utilities Division is going to
assist, utilizing the Vactor truck to vacuum remaining mud out of the system.
Residents of theses streets are stating that they are not experiencing drainage
problems.
· Dwire and Bay Oaks. Personnel have completed all of Dwire Street and the East
end of Bay Oaks. Personnel are currently removing and resetting driveway
culverts (7) on the East end of Bay Oaks. Anticipate completing mid September.
Work requires: 1) Exposing pipe, 2) Removing existing pipe 3) Re-establishing
the sub grade flow line, 4) Placement of bedding gravel to grade, 5) Re-setting
pipe, 6) Backfill pipe with GS-I00 and compact, 7) Place minimum of 6" Type
"A" base as a travel surface and asphalt when necessary.
· Bay Colony. Engineering currently finalizing plans, scheduled for completion by
mid-September. Crew from Dwire I Bay Oaks will then move into Bay Colony to
install improvements and perform maintenance of ditches prior to cleaning of
underground systems.
· North and South Shady Lane. Upon completion of Creekmont Park Project,
personnel will proceed to North and South Shady River to re-inspect culverts and
open gravity drainage systems for debris from residents in the process of restoring
homes. The open ditch gravity system flow lines will be reestablished as
necessary.
· Lobit/PHA Pre-check Facility. Staff met with PHA to discuss drainage obstructed
by construction of sound wall on the south side of the Barbour's Cut Pre-check
Facility. Preliminary agreement by PHA to reestablish drainage in existing
drainage easement. Staff has also requested PHA to penetrate the sound wall with
culverts (wall foundation is substantial). Future work is included in the upcoming
CIP to redirect some storm water from this area to East Main, eventually
outfalling into Bob's Gully in Morgan's Point.
. Total drainaee maintenance completed in Aueust
. Cleaning of Ditches
. Hauling off Spoils
. Resetting culverts
. Inlet installation/repairs
. Culvert Maintenance/cleaning
500 LF
242 CY
1,322 LF
16 ea
850 LF
Routine maintenance of drainage systems throughout the city continues. These activities
include ongoing drainage maintenance activities to reestablish flow lines and cleaning
culverts, inspection and cleaning of existing underground storm sewer systems.
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
September 14. 2009
Budl!et
Requested By:
D. Wilmore
Source of Funds:
Department:
Planninf
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Substantial Damage (SD) List
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
This workshop on the one year anniversary of Hurricane Ike is to provide City Council with an update. In addition,
staff is requesting direction from Council in regards to permit waivers, permit fee waivers and the use of code
enforcement action to achieve home/roof repairs.
There were (57) homes declared substantially damaged. As noted in the attached report: (13) homes remain on the
"SD" list; (1) home was elevated and is being repaired; (20) homes are in the demolition process [demolition is
complete on 16 of the 20 homes) and (23) homes were reevaluated and became non-substantially damaged (NSD).
In addition, there were a total of (481) NSD homes that were identified as to having post Ike damage.
At this time, we are still waiving the "permit requirement for fences and roofs". Also, we are still waiving "permit
fees" for Ike related repairs. Staff spoke with area cities to determine what they are doing. Baytown stopped
waiving permit fees on June 1 SI; Seabrook never waived permit fees; Pasadena stopped waiving permit fees on
June 1 sl and League City stopped waiving permit fees on January 1 st.
Currently, we are "not" addressing homes that have a properly installed/maintained blue roof. We have spoken with
owners about re-securing or replacing tarps that have worn down or become loose. The same (4) areas cities noted
above have indicated that there is not a date set to begin utilizing code enforcement to address "blue roofs".
Action Required bv Council:
ovide staff with direction regarding permit waivers, permit fee waivers and the use of code enforcement action to
ac . eve home/roof repairs.
SUBSTANTIAL DAMAGE (SD) LIST '.
(As of 08/26/09 List & RSDE Reports)
..
Locations in Italics Still Need Meeting; No contact with the Owner
Address % Damaged HCAD Name
1) 207 Bay Colony Circle 52.46% Clifford H. Farley
2) 110 Bay Oaks Rd. 78% Sandra Sanchez
----
3) 406 Bay Oaks Rd. 763.55% (M Home) Colvin CL Revo Living Trust
4) 415 Bay Oaks Rd 172.50% R D Bartley
5) 3914 Bonita 64.19% Federal Management Assn.
---
6) 6 Pine Bluff 105.91 % Donald Remmel
7) 406 S. Shady Lane 57.53% Aline Cook
8) 419 S. Shady Lane 100.05% Michael Leagan
9) 523 S. Shady Lane 80.60% Lloyd Cyr
10) 531 S. Shady Lane 82.56% Raefael A. & Doris Rivera
11) 619 S. Shady Lane 68.29% Wesley Mc Nally
12) 3708 Sunrise 58.18% Suzann Richardson
13) 3130 Weatherford 94.02% Marcia Kling
The structure shown below was elevated l' above BFE which NOW allows repair of
the structure.
"SD" LIST OF ELEVATED STRUCTURES
Address %Damaged HCAD Name
14) 130 Bay Oaks Rd
74.51%
Melton Koch
SD List as of 08/26/2009 Page 2
The following addresses are substantially damaged homes that have been or will be
demolished.
Address % Damaged HCAD Name
15) 205 Bay Colony Drive 53.61% Walter Cubberly (Demo complete)
16) 208 Bay Colony Drive 103.45% Michael Manering (Demo complete)
,..,
17) 6 Bay Oaks Rd. 58.36% Hugh McCulley (Demo complete)
18) 115 Bay Oaks Rd. 53.18% Linda Hutfless (Demo complete)
19) 3143 Carlisle St. 118.66% Laura Reeves (Demo complete)
20) 3031 Fondren St. 114.83% Farley Fontenot (Demo complete)
21) 3111 Green Leaf 64.74% Thongkam Carpenter (Demo complete)
22) 3803 Marlin Ln. 77.98% Deborah Kime (Demo complete)
23) 412 N. Shady Lane(aka414) 73.53% Dorothy Everett (Demo complete)
24) 427 N. Shady Lane 72.82% Micah Richardson (Demo complete) -.
25) 626 N. Shady Lane 110.96% Christina Williams (Demo permit)
",
26) 138 Pine Bluff St. 816.18% (MHome) Dwayne Steele (Demo complete)
Est ofJesse
27) 3811 Sailfish Lane 68.25% Charles Haver (Demo complete)
28) 407 S. Shady Lane 174.67% Jack A. Cook (Demo complete)
..
29) 418 S. Shady Lane 80.63% Arthur B. Kelly (Demo complete)
30) 510 S. Shady Lane 91.48% Terry Hilborn (Demo permit)
31) 603 S. Shady Lane 70.06% Cecil Redd (D. Bldg Group 2)
Was: Henry S. Veltkamp
32) 611 S. Shady Lane 90.04% Now: CLP, Trustee (D. Bldg Group 2)
33) 522 S. Shady Lane 88.70% Robert Biaza (Demo complete)
34) 3706 Sunrise 310.27% Kathy Coleman (Demo complete)
SD List as of 08/26/2009
Page 3
'.
(13) "Substantially Damaged" (SD) Structures Remain
(1) "SD" Structure Was Elevated above BFE
(20) "SD" Structures are part of the Demolition Process
(23) "SD" Structures that are now "Non-Substantially Damaged" (NSD 2)
TOTAL (57)
-------
------
"NSD 2" LIST
Address %Damaged HCAD Name
240 Bay Colony Drive 33.79% Timothy W. Kelley
506 Bay Colony 27.13% Albert Kinnard
203 Bay Oaks 40.47% Otis Wright
3915 Dolphin 35.53% Michael Boyaki Jr.
223 Dwire 38.60% Brian Pitcox
408 Dwire 2.97% Max Joines
3103 Green Leaf Ln. 49.82% Bettye Dejon
3203 Lazy Pine 33.92% Caroline Wilkins
3811 Marlin 42.15% Cory Briscoe
322 N. Shady Lane 46.77% Noe Juarez
420 N. Shady Lane 20.37% Curtis L. Everett
503 N Shady Lane 30.28% LuLu Lopez
526 N. Shady Lane 38.96% Denise & Lloyd Spevack
814 Oak Leaf 47.90% Frank Sawberger
3803 Sailfish 31.67% Ricky Holland
SD List as of 08/26/2009 Page 4
"NSD 2" LIST
Address %Damaged HeAD Name
3910 Sailfish 29.28% Paul Dobos
435 S. Shady Lane 42.74% Benjamin Ritchie
502 S. Shady Lane 45.28% John Walston
527 S. Shady Lane 17.81 % J. J. Meza
618 S. Shady Lane 42.59% Teri Walston
3910 Tarpon 49.43% George Ann Adams
3911 Tarpon 45.73% Julie Bowers
3914 Tarpon 44.96% Burtine Higgins
s:\city planning share\04-inspections division\inspectionslsubstantial damage list.doc
B
-----'
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 14. 2008
Bud!!et
Requested By: Kpn Adcox
Source of Funds:
Department:
pglice
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Local Government Code, "Cry Wolf' Brochure
and Agreement
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
In 2008, officers of the La Porte Police Department responded to approximately 1800 alarm calls. Over 95% of
these calls were subsequently determined to be false. It is estimated that responding to these false alarms costs the
City of La Porte approximately $100,000 annually with little or no benefit to the community.
Utilizing traditional false alarm reduction initiatives, such as violator mail notifications and repeat offender home
visits, the Police Department has been able to reduce the number of false alarms occurring in the City of La Porte by
28% thus far in 2009. While significant progress has been made in this area, it is still estimated that officers of the
La Porte Police Department will be required to respond to approximately 1170 false alarms by years end.
In order to reduce this waste even further, ensuring that our Police Officers are able to focus more productively on
proactive crime reduction and traffic safety duties, the Police Department is proposing that the City of La Porte
revise Municipal Ordinance No. 2003-2661 (Alarms) to provide for increased fee assessments, in accordance with
State Law, relating to excessive numbers of repeat false alarms, standardized initial permit and renewal fees,
enhanced call verification, and minimum alarm equipment standards and training.
Additionally, the Police Department would like to propose that the City of La Porte enter into a contract with a third
party alarm services administrator, which would be able to consolidate and stream-line the City's permitting, fee
assessment, collection, and overall alarm program administration. It is anticipated that this transition would help to
decrease the number of false alarms, provide improved customer service, increase city revenues, and eliminate the
need for these services to be performed by several city departments.
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER
STRUCTURES
SUBCHAPTER F. BURGLAR ALARM SYSTEMS
Sec. 214.191. DEFINITIONS. In this subchapter:
(1) "Alarm system" means a device or system that
transmits a signal intended to summon police of a municipality
in response to a burglary. The term includes an alarm that emits
an audible signal on the exterior of a structure. The term does
not include an alarm installed on a vehicle, unless the vehicle
is used for a habitation at a permanent site, or an alarm
designed to alert only the inhabitants within the premises.
(2) "Permit" means a certificate, license, permit, or
other form of permission that authorizes a person to engage in
an action.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.001 and amended by Acts 2001,
77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Sec. 214.192. CATEGORIES OF ALARM SYSTEMS. The category
of alarm system to be regulated is burglary.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.002 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Sec. 214.193. DURATION OF MUNICIPAL PERMIT.
(a)
If a
municipality adopts an ordinance that requires a person to
obtain a permit from the municipality before a person may use an
alarm system in the municipality, the ordinance must provide
that the permit is valid for at least one year.
(b) This requirement does not affect the authority of the
municipality to:
(1) revoke, suspend, or otherwise affect the duration
of a permit for disciplinary reasons at any time during the
period for which the permit is issued; or
(2) make a permit valid for a period of less than one
year if necessary to conform the permit to the termination
schedule established by the municipality for permits.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.003 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept 1, 2001.
Sec. 214.194. MUNICIPAL PERMIT FEE GENERALLY.
(a)
If a
municipality adopts an ordinance that requires a person to pay
an annual fee to obtain a permit from the municipality before
the person may use an alarm system in the municipality, the fee
shall be used for the general administration of this subchapter,
including the provision of responses generally required to
implement this subchapter other than specific responses to false
alarms.
(b) A municipal permit fee imposed under this section may
not exceed the rate of $50 a year for a residential location.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.004 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808, Sec. 1, eff. September 1,
2005.
Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT AND
TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION
PROHIBITED. (a) Except as provided in Subsection (d), a
municipality may not terminate its law enforcement response to a
residential permit holder because of excess false alarms if the
false alarm fees are paid in full.
(b) In permitting free false alarm responses and in
setting false alarm fees, a municipality must administer any
ordinance on a fair and equitable basis as determined by the
governing body.
(c) A municipality may not terminate an alarm permit for
nonrenewal without providing at least 30 days' notice.
(d) A municipality may revoke or refuse to renew the
permit of an alarm system that has had eight or more false
alarms during the preceding 12-month period.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.005 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808, Sec. 2, eff. September 1,
2005.
Acts 2005, 79th Leg., Ch. 808, Sec. 3, eff. September 1,
2005.
Sec. 214.1955. MULTIUNIT HOUSING FACILITIES.
(a) A
municipality may not refuse to issue an alarm system permit for
a residential location solely because the residential location
is an individual residential unit located in a multiunit housing
facility.
(b) In issuing an alarm system permit for an alarm
installed in an individual residential unit of a multiunit
housing facility, the municipality shall issue the permit to the
person occupying the individual residential unit.
(c) A municipality may impose a penalty under Section
214.197 for the signaling of a false alarm on the premises of a
multiunit housing facility for a facility other than an
individual residential unit only if the permit holder is
notified of:
(1) the date of the signaling of the false alarm;
(2) the address of the multiunit housing facility
where the signaling of the false alarm occurred; and
(3) the identification of the individual facility, if
applicable, located on the multiunit housing facility premises
where the signaling of the false alarm occurred.
Added by Acts 2005, 79th Leg., Ch. 808, Sec. 4, eff. September
1, 2005.
Sec. 214.196. ON-SITE INSPECTION REQUIRED. A municipality
may not consider a false alarm to have occurred unless a
response is made by an agency of the municipality within 30
minutes of the alarm notification and the agency determines from
an inspection of the interior or exterior of the premises that
the alarm was false.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.006 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Sec. 214.197. PENALTIES FOR FALSE ALARMS. A municipality
may impose a penalty for the signaling of a false alarm by a
burglar alarm system if at least three other false alarms have
occurred during the preceding 12-month period. The amount of
the penalty for the signaling of a false alarm as described by
Section 214.196 may not exceed:
(1) $50, if the location has had more than three but
fewer than six other false alarms in the preceding 12-month
period;
(2) $75, if the location has had more than five but
fewer than eight other false alarms in the preceding 12-month
period; or
(3) $100, if the location has had eight or more other
false alarms in the preceding 12-month period.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1,
1991. Renumbered from Sec. 218.007 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808, Sec. 5, eff. September 1,
2005.
Sec. 214.198. VERIFICATION. A municipality may require an
alarm systems monitor to attempt to contact the occupant of the
alarm system location twice before the municipality responds to
the alarm signal.
Added by Acts 2005, 79th Leg., Ch. 808, Sec. 6, eff. September
1, 2005.
Sec. 214.199. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM
RESPONSE. (a) The governing body of a municipality may not
adopt an ordinance providing that law enforcement personnel of
the municipality will not respond to any alarm signal indicated
by an alarm system in the municipality unless, before adopting
the ordinance, the governing body of the municipality:
(1) makes reasonable efforts to notify permit holders
of its intention to adopt the ordinance; and
(2) conducts a public hearing at which persons
interested in the response of the municipality to alarm systems
are given the opportunity to be heard.
(b) A municipality that adopts an ordinance under this
section may not impose or collect any fine, fee, or penalty
otherwise authorized by this subchapter.
(c) A municipality that adopts or proposes to adopt an
ordinance under this section may notify permit holders that a
permit holder may contract with a security services provider
licensed by the Texas Private Security Board under Chapter 1702,
Occupations Code, to respond to an alarm. The notice, if given,
must include the board's telephone number and Internet website
address.
Added by Acts 2005, 79th Leg., Ch. 808, Sec. 6, eff. September
1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 232, Sec. 1, eff. September
1, 2007.
Sec. 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED;
LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this
subchapter:
(1) affects the priority or level of response
provided by a municipality to a permitted location; or
(2) waives the governmental immunity provided by law
for a municipality.
(b) A municipality that does not respond to an alarm
signal is not liable for damages that may occur relating to the
cause of the alarm signal.
Added by Acts 2005, 79th Leg., Ch. 808, Sec. 6, eff. September
1, 2005.
CI\..VWOLF"
FALSE ALARM SOLUTIONS
SCARCE RESOURCES COMBINED WITH AN INCREASED DEMAND
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, ,
CRYWOEF LEADS 0THE INDUS0TRY IN SYSTEM FUNCTIONAI..I0TY', NUMBER OF
AGENCIES SERVED, AND ADAPTABIl..Il'Y TO ALARM ORDINANCE PROVISIONS.
INSTALL CRVWOLF AT YOUR AGENCY OR LET US ADMINISTER YOUR ALARM PROGRAM
CRyWOLF TECHNOLOGY CAN BE IMPLEMENTED IN ONE
OF TWO WAYS: YOU MAY PURCHASE CRyWOLF TO BE
INSTALLED AND OPERATED AT YOUR FACILITY OR CONTRACT
WITH US TO OUTSOURCE YOUR AGENCY'S FALSE ALARM
PROGRAM. BOTH APPROACHES USE THE SAME ROBUST
CRyWOLF TECHNOLOGY AND FUNCTIONALITY.
NO RISK
Your agency can implement a CryWolf false alarm
management solution with no financial risk-we
obtain payment exclusively from the collected revenue
CryWolf helps generate. There is no upfront systems
development, licensing, conversion, or equipment
costs. We purchase, configure, install, and customize
everything needed to administer your agency's alarm
reduction program.
CUSTOMIZED PROGRAM
Our outsourcing services are customized to meet your
agency's needs. Payments are typically remitted to a
mutually-agreeable, commercial bank lockbox or can
be submitted via a secure web-based interface. All
correspondence and invoices are generated using your
letterhead in a format defined by your agency. The
customer support representatives in our processing
center respond to citizen and business inquiries using
agency-approved customized scripts to ensure accurate
and consistent response, professional and courteous
service, and transparent outsource operation.
LEARN MORE ABOUT
CRYWOLF FALSE ALARM
MANAGEMENT SOLUTIONS AT
WWW.CRYWOLF.US
INTEGRATES WITH CAD
The system integrates with your CAD system to receive
alarm incident information. CryWolf currently interfaces
to more than 20 different CAD vendor systems. CryWolf
can also update CAD with changes in permit status
and key-holder information. Additionally, existing alarm
information is easily converted to the CryWolf database to
accelerate project start-up time and reduce start-up effort.
WEB-BASED FUNCTIONALITY
CryWolf provides fully interactive web-based access for
citizens and alarm companies to register, renew, and
update alarm registrations online. Alarm users can also
review their alarm activity and permit status, update
contact information, and make payments online. Online
access is available 24/7 and offers several important
benefits: more timely information, increased data
accuracy, improved false alarm awareness, better
compliance, and more citizen convenience.
FALSE ALARM Off>INA.~ ASSISTANCE
CryWolf supports even the ~st complex alarm
ordinance provisions and~ easily adapt to policy
changes. Based on our alarm program experience
across the Unjted States and Canada, we can assist
your agency in developing or revising your false
alarm ordinance. We can discuss many of the latest
approaches and trends in alarm laws and provide
sample provisions which you can adapt to meet
your ordinance or bylaws.
PATENTED SYSTEM ARCHITECTURE
CryWolf is built on Microsoft(f' .NET technology which
supports highly configurable alarm related forms and
letters; current data transfer protocols to and from
CAD and financial systems; secure, online access to
alarm information; built-in tools for validating addresses;
and extensive web-based registration, payment, and
other functions.
CR'lWOLf GREATLY REDUCES THE TIME AND EffORT REOUIRED
TO PROCESS fALSE ALARMS fOR AGENCIES Of ALL SIZES.
STREAMLINE YOUR ALARM PROGRAM WITH PROVEN SOLUTIONS
PROVEN TRACK RECORD
CryWolf is currently used on an installed and
outsourced basis by hundreds of agencies in the
United States and Canada. Many of these are large
jurisdictions with populations up to 4,000,000 that
process as many as 100,000 false alarms annually.
ALARM REGISTRATION AND RENEWAL
CryWolf tracks alarm registrations, permits, and
renewals for users, alarm companies, and alarm
agents by location type, alarm type, and alarm
system status.
NOTICING AND BILLINGS
CryWolf automatically counts alarms, generates notices
of false alarm events, and calculates fees and charges in
accordance with your alarm ordinance or bylaws.
COLLECTION OF FEES AND FINES
CryWolf ensures collections are accurately and
efficiently processed, and financial transactions are
well-documented in accordance with your agency's
fiscal policies. CryWolf also supports transfer of
payment and other fiscal information to and from
external financial systems.
REPORT GENERATION
CryWolf provides an extensive selection of standard
reports as well as the ability to create unlimited ad
hoc reports.
HEARING AND APPEALS SUPPORT
CryWolf captures, tracks, and accounts for hearings and
appeals and generates all pertinent documents to support
billing, revocation, and other enforcement decisions.
CR..VWOLF
FALSE ALARM SOLUTIONS
Public Safety Corporation 1103 Paul Mellon Court I Waldorf, MD 20602 I 240.6Q7.1400 1 Toll-free: 877.729.9653
wvvvv.crywolf.us
COPYright 2009. Public Safety Corporation. All rights reserved. Cry Wolf is a registered trademark of Public Safety Corporation. Cry Wolf is a patented fatse a/arm solution
owned by Public Safety Corporation. Microsoft is a registered trademark of Microsoft Corporation. A/I other trademarks or registered trademarks are the property of their
respective owner.
CONTRACT FOR FALSE ALARM BIlliNG AND TRACKING SERVICES
THIS CONTRACT FOR FALSE ALARM TRACKING AND BILLING SERVICES ("Contract") made and
entered into this _ day of . 2009, by and between the City of La Porte, a Texas municipal
corporation ("La Porte") and AOT Public Safety Corporation ("Contractor" or "PSC"), a corporation of
the State of Maryland with its principal offices located in Waldorf, Maryland.;
WIT N E SSE T H:
Whereas, on 2009, the La Porte City Council adopted an Ordinance related to
alarm systems and false alarms effective . 2009, ("Alarm Ordinance"); and
Whereas, the goal of La Porte is to encourage more responsible use of alarm systems and to
reduce the number of false alarms to which peace officers must respond by accurately tracking false
alarm instances and assessing fees and penalties as required by the Alarm Ordinance; and
Whereas, in its implementation of the Alarm Ordinance, La Porte is authorized to engage a
third-party contractor to provide, without limitation, management of false alarms so that persons and
organizations that use alarm systems can be held accountable for false alarms through an alarm system
registration process and a system of fees; and
Whereas, PSC created and markets the proprietary and patented (U.S. Patent No. 6,856,246)
administrative software system called CryWolt" ("Software"), an integrated suite of software applications
operating in a Windows-based environment, designed to assist false alarm reduction managers and
planners in government agencies and industry in accessing information relevant to false alarms, and
which has been developed at PSC's private expense for the commercial marketplace and is not in the
public domain; and
Whereas, the Contractor has offered to implement and provide La Porte false alarm tracking and
billing services using its proprietary commercial off-the-shelf false alarm Software; and
Whereas, La Porte has accepted the Contractor's offer and desires to engage the Contractor to
perform the Alarm Management Services ("AMS") described in Attachment A; and
Whereas, the Contractor desires to accept such engagement.
Now, Therefore, the parties agree as follows:
1. Term.
The term of this Contract shall commence . 2009 (the "Effective Date") and
unless terminated as herein provided shall exist and continue for an initial term of three (3) years.
La Porte shall have the right at its option to extend the Contract for additional periods of one (1)
year each upon the same terms and conditions. The total contract period shall not exceed six (6) years
from the Effective Date. The option shall be deemed exercised in each successive year upon written
notice by La Porte to the Contractor. The notice shall not be later than ninety (90) days prior to the
expiration of the then effective remaining term.
2. Contract Documents and Order of Precedence.
The contract documents consist of the following Attachments which are incorporated
into the Contract by this reference:
A. Attachment A, describes the Scope of Services to be provided by the Contractor and
the City's operational responsibilities; and, Attachment B, Payment Terms.
B. The Order of Precedence shall be as follows: (1) this Contract; (2) Attachment B; and,
(3) Attachment A.
3 . Alarm Management Scope of Services.
A. The Contractor shall provide the Alarm Management Services (AMS) in accordance with
the Scope of AMS Services described in Attachment A.
B. The Scope of AMS Services shall assist La Porte in managing its Alarm Ordinance to
include, without limitation, registration of responsible persons (including individuals, businesses and
government agencies) who use alarm systems, issuance and notification of alarm permits and permit
fees, issuance and notification of false alarm penalties in accordance with the Alarm Ordinance and at
the direction and under the supervision of La Porte's Alarm Administrator, maintenance of a database of
registered persons who use alarm systems, management offalse alarm occurrences, collection offees
the collection and enforcement of penalties for violations, generating performance and outcome reports
and assuring the availability to La Porte of false alarm information, all as more specifically described in
Attachment A - Scope of AMS Services.
4. Software license.
La Porte shall be licensed and authorized to use the Software and any additional specific
customization and development provided as part of the AMS Services, all in accordance with
Attachment A. The license shall cover all the Software, including, without limitation, software interfaces
and software modifications. The scope ofthe license is non-transferable and non-exclusive and is
authorized by PSC for use by La Porte to access its false alarm information.
5. Duration of the Software License.
La Porte shall have the right to use the Software in accordance with Attachment A for so long as
the Contractor provides AMS Services to La Porte or in accordance with the Termination provisions in
this Contract. This license shall apply for the duration of the Contract and any extensions provided for
herein or agreed to in writing by the parties. In the event the business relationship with PSC is
terminated or ended for any reason, La Porte license rights to use the Software shall likewise terminate
except as provided for in this Contract including Attachment B.
6. Modification of the Software.
A. Modifications or adaptations of the Software shall be limited to creating interfaces
between the Software and La Porte's computer systems required to import or export data in order to
implement the Software. Software "customization" includes, without limitation, adaptations necessary
to meet the requirements established by La Porte for reasonable program, technical, and/or legislative
changes.
B. La Porte shall retain a nonexclusive License to use the modified and/or "customized"
interfaces with the Software, provided, however, the use ofthe original Software with such adaptations
in any projects other than the management of the Alarm Ordinance shall be subject to additional
compensation to PSC in an amount and subject to terms to be determined by the parties in writing prior
to any such additional use.
7. Protecting Confidential Information.
The proprietary information of both parties, PSC and La Porte, is and shall remain the valuable
intellectual property of each respective party. Except as required by law, neither party shall disclose any
such information to any third party for any reason without the express written consent of the other
party and shall only use proprietary information for internal purposes to facilitate and assist PSC and La
Porte staff in the administration ofthe Alarm Ordinance. In addition, the parties shall provide
reasonable safeguards to protect their respective software, hardware systems and data from
unauthorized intrusion by third parties.
Names, addresses, type of alarm, identification information of any alarm monitoring company,
or identification information of any person cited under the Alarm Ordinance shall not be released,
exhibited or sold to a third party by Psc.
All data received hereunder shall be made a part ofthe La Porte's permanent records and files
and preserved therein for a period in accordance with the requirements of Texas law, La Porte will
inform PSC ofthe required retention time in writing as soon as that information is available.
8. Reproduction and Copyright.
A. The Software is protected under the Copyright and Patent laws of the United States, and
as extended by treaty, Canada. La Porte may not copy, or allow anyone else to copy or otherwise
reproduce, any part of the Software without the prior written consent of PSC, except to store and/or
install a copy of the Software on a storage device, such as a network server, used only to run the
Software on other computers over an internal network and except for two copies for back-up or archive
purposes.
B. La Porte may copy the licensed Software as necessary to its hard disks or other such
storage medium to efficiently operate the Software on La Porte~ single-user system, multiple-user
system, or network. The Software shall be copied as a whole, and the use ofthe copies shall be governed
by this Contract. All other copying is prohibited.
9 . Limitations on the Use of the Software.
La Porte may not reverse engineer, decompile, or disassemble the Software. The Software is
licensed as a single product. Its component parts may not be separated.
10.
Notices of Intellectual Property Rights.
La Porte shall assure that PSC's notices of intellectual property (e.g., patent, trademark, and
copyright notices) provided by PSC, if any, shall remain visible on the Software when displayed
electronically, or when output created by it, is printed.
11.
Payment.
La Porte shall pay the Contractor for the AMS Services described, in accordance with Attachment
B ("Payment Terms"). La Porte is a Texas public entity and all financial obligations extending beyond the
current fiscal year are subject to funds being budgeted and appropriated therefore.
12.
Collection of Fines.
La Porte shall support the collection of false alarm fees and fines in accordance with the Alarm
Ordinance and at the direction of the Alarm Administrator. If La Porte directs PSC to engage a third-
party collection organization for delinquent amounts, La Porte shall cause the necessary legislative and
administrative procedures to be enacted and/or adopted in order to delegate to the Contractor the
authority to collect unpaid fees on behalf of La Porte.
13.
Confidentiality of La Porte False Alarm Data.
Any false alarm collection data provided to the Contractor during the performance of the AMS
Services shall be used only in a manner consistent with this Contract, and no false alarm collection data
shall be disclosed without the prior written consent of La Porte. If such disclosure is compelled or
required in any judicial or administrative proceeding, the Contractor shall, before disclosing such
information, first notify La Porte and give La Porte an opportunity to object to the disclosure.
In the event La Porte objects to such disclosure, it shall notify the Contractor that it will
indemnify it for any costs and expense incurred, including, without limitation, the cost of attorney fees
expended in the defense of any action or proceeding, or relating to the refusal to disclose such
information.
14.
La Porte Responsibilities.
A. La Porte shall cooperate with and assist the Contractor by providing management
decisions affecting implementation of the AMS Services within five (5) business days of receipt of
Contractors request for a decision, as well as providing personnel, information, approvals, and
acceptances in accordance with a mutually-agreed Implementation Plan to be developed by PSC and La
Porte at the start of the Alarm Management Services. This Implementation Plan will define the detailed
tasks and schedule necessary to achieve the following program milestones:
1) Commence AMS program implementation activities on the Effective Date;
2) Begin collecting and processing alarm permit information within approximately thirty
(30) days of the Effective Date; and
3) Begin processing false alarm activations within approximately sixty (60) days ofthe
Effective Date.
The Implementation Plan shall be agreed to in writing by both parties and upon execution by both
parties shall be incorporated into this Contract by reference.
B. La Porte shall provide the Contractor with CAD Records, appeals records and other
alarm incident information in accordance with the terms of a mutually-agreed implementation plan and
in a mutually-agreed format, as necessary and proper, to allow the Contractor to effectively provide the
services needed to enforce the Alarm Ordinance.
15.
La Porte Alarm Administrator.
To facilitate effective communication between La Porte and the Contractor, and in accordance
with the Alarm Ordinance, La Porte shall designate an Alarm Administrator. The Alarm Administrator shall
have the power and authority to make decisions relating to the AMS Services. A secondary Alarm
Administrator will also be designated to act on behalf ofthe Alarm Administrator when the primary Alarm
Administrator is unavailable. The Alarm Administrators shall be designated by the Chief of Police.
16.
Resolution of Disputes.
A. Mediation. In the event of a dispute between the parties concerning any matter arising
under this Contract, the parties shall proceed to good-faith mediation of the dispute. The mediation
venue shall be La Porte, Texas. The cost of mediation shall be shared equally.
17.
Termination.
A. By La Porte. La Porte may terminate this Contract for any reason and at any time by giving
at least ninety (90) days written notice to the Contractor of such termination and specifying the effective
date thereof. Ifthe Contract is terminated by La Porte, the Contractor will be paid for any services already
performed. The Contractor shall be liable to La Porte for any damages sustained by La Porte by virtue of any
breach of the Contract by the Contractor. In addition, to other remedies it may have in law or equity, La
Porte may withhold payments to the Contractor for the purpose of setoff until such time as the exact
amount of damages due La Porte from the Contractor is determined.
B. Termination Within First Two Years. If this Contract is terminated by La Porte
during the first two years, for any reason other than breach by the Contractor, the Contractor shall be
entitled to receive its initial startup costs as specified in Attachment 8, in addition to any AMS Services
fees owed the Contractor as described in Paragraph 18 - Rights upon Termination.
C. By the Contractor for Cause. If La Porte substantially changes the Alarm Ordinance by
reducing or eliminating the tiered system of false alarm penalty fees collected through its administrative
process, the Contractor shall provide thirty (30) days prior written notice that false alarm fee collections
have not been made in accordance with this Contract. If enforcement procedures and/or collection
obligations are not changed to the reasonable satisfaction of the Contractor, the Contractor may
terminate this Contract after a further thirty (30) day written notice to La Porte.
18.
Rights upon Termination.
A. Ifthe Contractor is entitled to terminate this Contract, the Contractor shall offer La
Porte an option, which must be exercised within thirty (30) calendar days after the Notice of
Termination, to purchase a conditional, uninterrupted, non-exclusive and non-transferable license to use
the proprietary AMS Software as necessary to support and administer La Porte's Alarm Ordinance
conditional on the payment of initial and annual license and services fees at the Contractor's then
prevailing rates. Payment of the fees shall be within thirty (30) calendar days of the expiration of each
prior paid year.
B. If La Porte terminates this Contract or if the Contractor terminates for cause, La Porte, in
addition to payment of false alarm collections owed to the Contractor through the date oftermination, shall
undertake good faith efforts to collect any AMS Service fees and civil penalties for Ordinance violations
billed, but not yet collected, through the date oftermination, in orderto pay the Contractor, all amounts due
the Contractor as a result of efforts engaged in by the Contractor on La Porte's behalf.
19 . Indemnification.
A. The Contractor shall indemnify, hold harmless, and defend La Porte, its elected and
appointed officials, employees, agents and successors in interest from all claims, damages, losses and
expenses including attorneys fees, arising out of or resulting, directly or indirectly, from the Contractor's
(or Contractor's subcontractors, if any) performance or breach of~the Contract provided that such claim,
damage, loss, or expense is not caused by the negligent act or omission or willful misconduct of La Porte
or its elected and appointed officials and employees acting within the scope oftheir employment. This
Hold Harmless and Indemnification provision shall in no way be limited by any financial responsibility or
insurance requirements and shall survive the termination of this Contract.
B. In the event that a claim is made against the Contractor, which arises out of the
negligence or willful misconduct of La Porte or any of La Porte's employees, La Porte shall indemnify the
Contractor to the extent La Porte is liable under the law.
C. Any party seeking indemnification shall promptly notify the other party of its discovery of
any matter-giving rise to a claim of indemnity. For each individual claim, the indemnifying party shall
have no obligation to the other or to any third party with respect to any expenses incurred by or on
behalf of the other or its assumption of control of the defense of the claim, or with respect to any
compromise or settlement made, without the prior written consent of both parties.
20. Patent infringement.
The Contractor shall indemnify La Porte, its elected and appointed officials, officers, employees,
agents, and successors in interest from and against all damages and expenses resulting from any
infringement action brought against the Contractor, or against La Porte to the extent that any such
action is predicated on the use of Contractor's software, during the term of this Contract. This Hold
Harmless and Indemnification provision shall in no way be limited by any financial responsibility or
insurance and shall survive termination ofthis contract.
21.
limitation of liability.
In no event shall either Party be liable to the other for consequential, special, or incidental damages
arising out of or relating to performance and nonperformance. This limitation shall apply regardless of
the form of action, whether in contract or in tort, including negligence or misrepresentation.
22.
Insurance.
This Contractor shall provide and maintain in full force and effect at no additional costto La Porte forthe
duration of the Contract commercial general liability insurance or comprehensive general liability
insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and damage to property
including contractual liability, premises/operations, products/completed operations, independent
contractors, broad form property damage, and personal injury coverage and a minimum aggregate
amount of $1,000,000 or commercial/comprehensive general liability insurance plus additional excess
umbrella liability insurance to meet these limits.
The Contractor agrees that it shall add La Porte, its elected and appointed officials, officers, employees,
agents, and successors in interest to the Contractor's liability insurance policies as additional insureds.
The Contractor shall require its insurance carrier or agent to certify that this requirement has been
satisfied on all Insurance Certificates issued under this Contract.
Before any work is initiated and before any invoices are paid for work performed under this Contract,
the Contractor shall provide written proof of compliance with the above insurance requirements by
delivering to:
City of La Porte
Attention:
La Porte, Texas
a copy of a certificate or certificates of insurance completed by its insurance carrier or agent certifying
that minimum insurance coverages as required above are in effect and that the coverage will not be
canceled or changed until thirty (30) days after written notice is given to La Porte. The Contractor shall
maintain, update, and renew the Certificate(s) for the term of this Contract.
23 . Assignment.
This Contract shall not be assigned by either party to any third party without prior written consent,
which consent shall not be unreasonably withheld.
24 . Attorney's Fees.
Should the parties or either of them employ an attorney to enforce by litigation in a court of
competent jurisdiction, any of the contract provisions because of a disputed matter arising under this
Contract, to assert damages for the breach of the Contract, or in order to obtain injunctive relief, then
the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and any
expenses expended or incurred.
2 5 . Notices.
Wherever under this Contact one party is required or permitted to give notice to the other,
such notice shall be deemed given when delivered in hand or when mailed, by United States mail,
certified, return receipt requested, postage prepaid, and addressed as follows:
In the case of the Contractor:
AOT Public Safety Corporation
103 Paul Mellon Court
Waldorf, Maryland 20602
Attention: Contract Administration
In the case of La Porte:
City of La Porte
Attention:
La Porte, M N
26 . Governing Law.
The substantive laws ofthe State of Texas shall govern this Contract without regard to the law of conflicts.
Venue shall be in the Superior Court of . Texas. Such actions shall neither be commenced in nor
removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered
in actions heard pursuant to this section.
27. Severability.
If any provision ofthis Contract is held invalid or otherwise unenforceable, the enforceability of
the remaining provisions shall not be impaired.
28 . No Waiver.
The failure by any party to exercise any right stated in this Contract shall not be deemed a waiver of
the right.
29 . Complete Agreement.
This Contract when signed by both parties sets forth the entire understanding of the parties as to
its subject matter, conditions and obligations and may not be modified except by further written
agreement.
30. Independent Contractors"
In performing the work under this Contract, the Contractor acts as an independent contractor
and is solely responsible for necessary and adequate worker's compensation insurance, personal injury
and property damage insurance, as well as errors and omissions insurance. The Contractor, as an
independent contractor, is obligated to pay federal and state income tax on moneys earned. The
personnel employed by the Contractor are not and shall not become employees, agents or servants of La
Porte because of the performance of any work by this Contract.
WHEREAS, the individuals representing the parties are both authorized and have executed this
Contract effective as of on the date first written above.
La Porte, Texas
By:
[Authorized Signing Officer]
[Name and Title - please print]
ATTEST BY:
ADT Public Safety Corporation
By:
[Authorized Signing Officer]
[Name and Title - please print]
ATTEST BY:
ATTACHMENT A
AMS Scope of Services
Purpose
The purpose of this Scope of Services is to describe the duties and responsibilities of AOT Public Safety
Corporation ("PSC"), and the City of La Porte, Texas ("La Porte").
PSC Responsibilities
PSC will be responsible for the daily operation of the Program. This will include, but may not be limited to:
1. Initially importing electronically into PSC's alarm processing system (CryWolf") database alarm
system registration / permit data obtained from La Porte and/or alarm companies, as authorized by
La Porte;
2. Registering and updating alarm permits in accordance with the La Porte Alarm Ordinance
("Ordinance"). Permit registrations may be processed by mail (Texas mailing address) and/or online;
3. Importing daily into the PSC alarm billing system, false alarm incident data (in formats prescribed by
PSC) extracted from La Porte's SunGard CAD/911 System;
4. Initializing, maintaining, securing and backing up Program databases including alarm registration and
incident data, alarm-related financial transactions and accounts receivable information. PSC will
comply with the provisions ofthe Ordinance, and update Program business rules to comply with any
Ordinance changes;
5. Processing false alarm incident data, including the matching of false alarm incidents with the
security alarm registration / permit database maintained by PSC;
6. Billing and corresponding with alarm users in accordance with the Alarm Ordinance provisions. This
will include but may not be limited to notifications oHalse alarms, invoices, and delinquent payment
notices;
7. Providing La Porte-specific information on false alarm reduction and Ordinance requirements in the
first false alarm notice / warning letter sent to alarm users;
8. Creating and hosting a La Porte false alarm reduction program website that allows alarm users to
learn how to reduce false alarms, appeal actions and charges, request and renew alarm system
permits, access alarm account information, and pay alarm fees and fines;
9. Answering telephone inquiries from La Porte alarm users that are placed to a false alarm program
toll-free customer service number;
10. Processing fee / penalty payments mailed to and deposited in a Texas-based bank and received from
other payment channels, e.g. online, as agreed on by PSC and La Porte, and applying these payments
to alarm accounts;
11.
Supporting alarm hearings and appeals by notifying La Porte of any such appeals, providing a City
Alarm Program representative with documentation supporting noticing/billing decisions; and
updating the system with the disposition of any hearing results;
J
12. Providing and maintaining computer equipment, software, mailing equipment and furniture at the
Program processing facilities;
13. Providing La Porte secure, online, on-demand access to alarm management information and reports
including, but not limited to, alarm account transaction history, registration/permit and suspension
information, and financial transactions/balances with format and content specified by the CryWolt"
Alarm Management System and the designated Bank, and agreed on between La Porte and PSC;
and,
14. Performing special collection functions as approved by La Porte such as retaining third party
collection agency, providing delinquent account information to other City agencies and / or filing
property liens.
PSC is responsible for all costs of carrying out these responsibilities including, but not limited to, the costs of
staff, facilities, equipment, postage (limited to standard, U.S. Postal first-class rates) and consumable
supplies. Only bank (institution approved by La Porte) and credit card fees, third party collection costs (if
any), e.g. collection agency fee, and citizen refunds will be shared by the parties in accordance with the
revenue sharing percentages described in Attachment B.
La Porte Responsibilities
1. Appointing a La Porte Alarm Administrator ("Administrator") who will be the primary point of
contact between PSC and La Porte. The Administrator is responsible for overseeing PSC's operation
of the False Alarm Management Services Program ("Program") and accessing Program information,
as needed, via PSC provided online access~~
2. Requesting Alarm Companies to provide alarm system registration information and supporting PSC,
as needed, to ensure that Alarm Companies comply with alarm system information requests;
3. Making any and all decisions about alarm call response, determining whether calls are false alarms,
providing anyon-scene communication of alarm related information to alarm users, and for
documenting alarm related information within the La Porte SunGard CAD/911 system;
4. Extracting false alarm incident data from the CAD/911 System and transferring this data
electronically to PSC (via email or PSC FTP site). La Porte staff are also responsible for entering, or
causing to be entered, into the CAD/911 System any false alarm related information that La Porte
may choose to display to CAD/911 System operators through the CAD/911 System;
5. Scheduling, conducting and making appeal decisions for any false alarm hearings;
6. Conducting any general public education programs on false alarms; and,
7. Transferring any and all financial information from the Program generated alarm reports to other La
Porte financial systems, as needed.
La Porte is responsible for all costs of carrying out these responsibilities, including, but not limited to the
costs of staff, facilities, computer equipment, postage and consumable supplies.
ATTACHMENT B
PAYMENT TERMS
1. Revenue Sharing Percentage
For the provision of all services and technology outlined in this contract, PSC shall obtain payment
exclusively from the revenues PSC helps generate. There shall be no upfront systems development,
licensing, conversion, equipment, travel or other costs. PSC shall purchase, configure, install, and
customize all systems and processes PSC requires to provide the False Alarm Management Services
described herein. The Revenue Sharing schedule is as follows:
PSC's Percentage Share of Collected Revenue
Alarm FeesandChare:es
Revenue Years 1 through .3
38%
38%
The First Revenue Year shall begin when revenue collections begin. The only amounts that shall be paid
and subtracted from gross revenue before the revenue sharing percentages are applied are:
1. Refunds, authorized in writing by La Porte, of amounts paid to alarm users;
2. Bank fees charged by a La Porte-approved bank; and,
3. Third-party credit card processing charges, if any.
The percentages in the Option Years are proposed targets and are predicated on La Porte extending the
contract term to additional Program years. The percentages are also based on several assumptions over
which PSC has little or no control:
· The Ordinance fee and fine schedules remain at levels equal to or greater than in Revenue Years
1 through 3;
· La Porte adopts a fair, but firm approach to granting appeals and
· La Porte actively supports enforcement ofthe Alarm Ordinance, including support of reasonable
measures to collect all amounts due for violations of the Ordinance.
Payment Terms
La Porte and PSC agree to a collection and payment procedure whereby:
1. All false alarm fee and fine collections from any payment method, including but not limited to
bank lockbox, and online credit card, shall be deposited, as soon as practical, in a Central False
Alarm Bank Account ("False Alarm Account") to be established at a mutually agreeable
Commercial Bank;
2. La Porte and PSC shall agree to maintain a minimum, positive balance of available funds at all
times in the False Alarm Account;
3. Any available funds maintained in the False Alarm Account in excess of the minimum balance
shall be considered "Excess Funds" for purposes of this payment procedure;
4. At the beginning of each month, PSC will reconcile the alarm related deposits for the most recent
completed month and report to La Porte the proposed revenue shares for La Porte and Psc.
Upon La Porte's approval of the proposed revenue shares, La Porte and PSC shall authorize and
cause the issuance of electronic (ACH) transfers to La Porte and to PSC, for the total Excess Funds
in the False Alarm Account;
5. The amounts of the two fund transfers shall be computed as follows:
a. With regard to the funds transfer to La Porte, the amount shall be the La Porte Revenue
Sharing percentage (100% minus PSC percentage shown in the Table above), i.e. 62%.
This amount shall be transferred to a bank and account authorized by La Porte.
b. With regard to the transfer to PSC, the amount shall be the PSC Revenue Sharing
percentage shown in the Table above, i.e. 38%. This amount shall be transferred to a
bank and account authorized by Psc.
6. At the termination of this Contract, any remaining minimum balance shall also be transferred to
La Porte and PSC in the same Revenue Sharing percentages as used in the most recent pre-
termination month.
7. La Porte is a Texas public entity and all financial obligations extending beyond the current fiscal
year are subject to funds being budgeted and appropriated therefore.
Delinquent Account Terms
La Porte and PSC shall retain an interest in all accounts receivable produced as a result ofthis contract.
The parties shall define a mutually agreeable process and methods for collecting amounts due from
delinquent accounts, and sharing the revenue collected in the same Revenue Share percentages as
described above. If organizations other than La Porte and PSC are retained to collect overdue amounts,
the parties agree that the collection costs shall be borne by the parties on a pro-rata basis, and the net
collections paid to the parties on the same Revenue Sharing percentage basis as for standard alarm
permit and penalty fees.
La Porte Payment Upon Earlv Termination (Per Paragraph 17)
If, within the first two years of the start of collections, this Contract is terminated for the convenience of
La Porte, or is terminated by PSC for cause as defined in Paragraph 17 D, PSC shall be due a one time
Program Termination fee, not to exceed $24,000.00, to reimburse PSC for startup costs. This fee shall be
in addition to any other amounts due PSC under the Contract. The $24,000.00 shall be amortized, i.e.
reduced, on a straight-line basis over the initial two year period.