HomeMy WebLinkAboutMinutes - City Council - Special - 5/1/1989282
CITY OF LUBBOCK
SPECIAL CALLED CITY COUNCIL MEETING
MAY 1, 1989
8:00 A.M.
The City Council of the City of Lubbock, Texas met in a special
called meeting on the 1st day of May, 1989 in the City Council
Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at
8:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy,
Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 8:00 a.m.
1.} The Invocation was given by Jim Bertram,
Assistant City Manager for Development Services.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
89-4 8A-282-242
3.) Consider Resolution #3085 authorizing the Mayor
to execute an Agreement for work on t_h_eHVAC
System at Lubbock International Airport.
RESOLUTION #3085
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Agnew,
Storr's & Associates, Inc. for engineering services for H.V.A.C.
systems at Lubbock International Airport, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 1st day of May, 1989.
ATTEST:
Is Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene f=ads, Purchasing Manager
AGREEMENT FILED WITH RESOLUTION #3085.
Is B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant
City Attorney
may 1, 1989
Page 283
A Request for Proposals for engineering services
for the HVAC at Lubbock International Airport was
transmitted to engineering firms and advertised.
The request contained 2 potential items of work.
Part I was to complete tasks related to an energy
audit and cost analysis to determine the most
cost effective way to repair or renovate heating,
ventilation and air conditioning systems at the
Lubbock International Airport Terminal building.
Completion of Part I is to be accomplished in 56
days. Part II would consist of completion of
work identified from the results of Part I
activities and decisions of management.
Eight firms submitting responses were:
1. Allied Associates, Lubbock
2. Espey, Huston/SME, Inc., Austin
3. Agnew, Storrs and Associates, Inc.,
Lubbock
4. Higgins & May, Inc., Lubbock
5. Grimes and Associates, Lubbock
6. Fanning, Fanning and Associates, Inc.,
Lubbock
7. Williams, Tippett & Associates, Abilene
8. Carter & Burgess, Inc., Fort Worth
After committee review Council was advised that
the experience, knowledge of the facility and
general responses to the RFP by the Fanning and
Agnew groups are impressive. Both firms propose
to use the same computer programs, "Trace" (Trane
Corporation), to evaluate the present HVAC
system. Interviews were conducted with Fanning,
Fanning and Associates and Agnew, Storrs and
Associates. At the conclusion of the interviews,
the firms were asked to submit:
1. Fixed fee for Part I work
2. Estimated fee for Part II work
3. Samples ❑f energy audit work from Prior
jobs
These submittals were reviewed by the committee.
The samples of energy audit work were of similar
quality.
The recommendation ❑f a proposals review
committee was presented to City Council during
work session April 27, 1989. Staff requested
authority to complete Part I ❑f the work at a
cost of $9,750 with Agnew, Storrs and Associates
and depending on the results of the energy audit
and related information, use Agnew, Storrs and
Associates for the engineering work to complete
Part II at a fee to be negotiated, depending on
the scope of the work.
Staff recommended approval of a contract with
Agnew, Storrs and Associates, as recommended by
the Review Committee.
Motion was made by Mayor Pr❑ Tem Baker, seconded
by Councilman Phillips, to authorize Resolution
#3085 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
May 1, 1989
Page 284
89-48A-284-243
[ 4.)
execute an
ana authorize running.
RESOLUTION #3086
authorizing the
n
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
r
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract for a comprehensive study of the Criminal Justice
System in Lubbock County, Texas, by and between the City of Lubbock
and Cresap Division of Towers, Perin, Forster & Crosby, Inc.,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 1st day of May, 1989.
ATTEST:
/s Ranette Boyd _
Ranett:e Boyd, City Secretary
APPROVED A:5 TO CONTENT:
/s Larry 13. Cunningham
Larry J. Cunningham, City Manager
STATE OF TEXAS L
COUNTY OF LUBBOCK
CONTRACT
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ John C. Ross
John C. Ross, Jr., City
Attorney
This Contract made this 1st day of May, 1989, by and between
the City of Lubbock, hereinafter referred to as "City" and Cresap
Division of Towers, Perrin, Forster & Crosby, Inc., hereinafter
referred to as "Consultant".
WITNESSETH:
WHEREAS, City is desirous of retaining Consultant for the
purposes of undertaking a comprehensive study of the Criminal Justice
System of Lubbock County, Texas;, and
WHEREAS, Consultants have demonstrated the qualifications and
expertise to undertake such study; and
WHEREAS, City deems it to be in the best interest of the City
to engiage Consultants to undertake the above referenced comprehensive
study; NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
GENERAL SCOPE OF SERVICES
Consultant shall undertake and perform the following general
scope of services under the terms and conditions set forth in this
agreement and Consultant hereby accepts and agrees to perform the
following general scope of services:
May 1, 1989
Page 285
1. Conduct an analysis of crime patterns in Lubbock County.
2. Determine the extent to which the various components of
the Criminal Justice System in Lubbock County have been
able, with the resources provided, to meet the
expectations of citizens in dealing effectively with
crime.
3. Develop an overall improvement plan aimed at reducing
crime in Lubbock, specifying what should be done, by
whom, when, and identify probable costs of adopting the
plan.
4. Determine if duplication of effort exists between various
components of the Criminal Justice System and make
recommendations to eliminate or consolidate services
where feasible. Attention should also be devoted to
identifying any possible gaps in service or unmet needs.
5. Consult with members of the Lubbock County Criminal
Justice Commission, consider information and reports
prepared by this committee, and incorporate feasible
recommendations into the overall implementation plan.
6. Examine existing policies and procedures to determine if
these are the most effective methods of handling
criminals and/or victims within the Criminal Justice
System.
7. Prepare a definitive written report containing the
findings, conclusions and recommendations including:
scope of services, methodology and scientific or
empirical basis on which recommendations are based, and
provide sufficient copies as requested.
8. Make oral presentation of the results of the study to the
Lubbock City Council and to appropriate other agencies as
may be indicated, to facilitate understanding and
acceptance of the study`s implications.
II.
SPECIFIC SCOPE OF PURPOSES
In addition to the general scope of services, Consultant shall
perform the following specific scope of services under the terms and
conditions of this agreement and Consultant hereby accepts and agrees
to perform the following specific scope of services:
Part 1 - Scope -of Stud - Lubbock Police Department
1. Examine existing police staffing levels, civil service
and civilian, and make recommendations concerning present
and future staffing needs.
2. Assess the geographic, temporal and functional assignment
of personnel to determine if assignments are consistent
with current needs.
3. Examine the organization, administration, deployment and
operations of the Lubbock Police Department.
4. Identify long and short term facility, training and
equipment needs of the Lubbock Police Department
necessary to effectively fulfill its responsibilities as
a component of the county Criminal Justice System.
May 1, 1989
Page 286
Part II - Lubbock County Criminal Justice System
1. Examine the organization, planning, staffing and
operations of the county courts, District Attorney's
Office, and the Sheriff's Department as it pertains to
their capacity to deal with charges filed and persons
arrested by the Lubbock Police Department.
2. Determine if staffing levels and case assignment in the
various county Criminal Justice System organizations are
adequate to effectively respond to the caseload provided
by the Lubbock Police Department.
PROJECT METHODOLOGY
Consultant agrees to utilize the project methodology in
performing both general and special scope of services heretofore
mentioned as such project methodology appears in Part II of
Consultant's proposal to the City of Lubbock dated April 17, 1989,
which Part II of such proposal is hereby incorporated by reference
into this Contract as though fully set out herein and made a part
hereof for all purposes.
IV.
ISSUE EXAMINATION
In discharging both the general and specific scope of services
heretofore outlined in this agreement, Consultant shall examine and
pay particular attention to the following issues:
Part I - General Scope of Services
1. Police manpower utilization.
2. Equipment and material resources utilization and
adequacy.
3. Organization structure.
4. Administration, planning and management procedures.
5. Training needs and impact of TCLEOSE standards.
6. Adequacy of custody procedures including evidence,
property, vehicles, and persons.
7. Caseload of investigative personnel in relationship to
clearance probability.
8. Evaluation of community relations training in the Police
Department.
9. Evaluate operations of uniformed field personnel.
10. Examine use of commissioned and non-commissioned
personnel for special projects.
Part II - Specific Scope of Services
1. Determine how Lubbock Police Department staffing impacts
various components of the county Criminal Justice System
organizations.
2. Determine staffing levels and case assignment in the
various county Criminal Justice System organizations to
determine if adequate to effectively respond to caseload
provided by the Lubbock Police Department.
May 1, 1989
Page 287
3. Analyze case assignment processes in the Lubbock County
Sheriff's office to determine if overlap or duplication
of effort exists between the City Police Department.
4. Analyze the County Court System to determine overall
capacity to handle volume of criminal and civil cases and
analyze process for case assignment for adjudication.
5. Conduct a study of recidivism in Lubbock County and
determine impact of recidivists on crime in Lubbock and
make recommendations to reduce recidivism in Lubbock
County.
6. Determine the extent to which various components of the
Criminal Justice System have been able to meet their
individual and collective responsibilities and isolate
factors preventing them from doing so.
V.
DUTIES OF CONSULTANT
1. Consultant shall begin work under the terms of this
Contract within seven (7) days of written notification to
proceed.
2. Consultant shall assign sufficient personnel to this
project to accomplish the scope of services herein
outlined consistent with the methodology proposed by
Consultant for accomplishing those services to the end
that the project deadlines, as hereinafter set forth,
shall be met by Consultant.
3. Consultant will at all times consult with the City
Manager or his designated representative keeping the City
Manager or his designated representative informed
concerning the progress made in completion of the duties
and scope of services to be performed by Consultant under
this agreement.
4. Consultant shall consult with the City at any time
desired by City concerning Consultant's work and findings
undertaken and obtained as a result of this agreement.
5. Consultant shall, as the end result of Consultant's work
under this agreement, prepare a formal written report to
be delivered to the City Council no later than September
14, 1989, which report shall contain all of Consultant's
findings, comments, and recommendations applicable to
this study. In addition, Consultant shall be prepared to
present such report in person to the City Council and to
orally review Consultant's findings and recommendations
as set forth in the formal written report on the date
heretofore mentioned.
6, Consultant agrees to prepare a preliminary report
concerning the existing police staffing levels, both
civil service and civilian, contained within the Lubbock
Police Department and to have such report delivered to
the City no later than June 23, 1989. Such report shall
further contain recommendations concerning present and
future staffing needs of the Lubbock Police Department.
7. Consultant shall be available to provide reasonable
assistance to the City of Lubbock in the implementation
of the findings and recommendation of Consultant as
embodied in his final written report to the City Council.
May 1, 1989
Page 288
8. Consultant shall be prepared to deliver 50 copies of
Consultant's final formal written report ❑n this project
to the City Council ❑n September 14, 1989.
VI.
COMPENSATION
City hereby agrees to pay Consultant not more than ONE HUNDRED
SEVENTY-NINE THOUSAND AND NO/100 DOLLARS ($179,000) for services of
Consultant rendered t❑ City under this Contract. Payment by City to
Consultant shall be made in monthly installments for four consecutive
months with the first payment being due on the 14th day of .tune,
1989, and the final payment being due upon September 14, 1989 upon
submission and acceptance of the final report prepared by Consultant
for City.
VII.
OWNERSHIP OF MATERIALS
All material developed or acquired by the Consultant for work
done under this Contract shall be the property of the City. All such
material shall not be released to the public by the Consultant prior
to the termination of this Contract without express written consent
by the City Manager.
VIII.
ASSIGNMENT OF INTEREST
The Consultant shall not assign any interest in this Contract
and shall not transfer any interest whatsoever in the same without
prior written consent of the City Manager.
IX.
INDEPENDENT CONTRACTOR
The Consultant shall be in all respects an independent
contractor and shall accept sole responsibility for the actions of
its employees and shall be responsible for all materials and services
secured, subcontracts entered into or liabilities incurred in the
performance of this agreement. Consultant shall have the full
responsibility for payment of all employee benefits required by law
for his employees.
x.
HOLD HARMLESS
The Consultant shall hold the City harmless from any and all
suits, actions or claims brought on account of any injuries or
damages sustained by any person or property as a result of
Consultant's negligence and from any contest over infringement of
patent, trademark or copyright resulting from Consultant's
performance under this Contract.
XI.
DUTIES OF CITY
The City agrees to make available to Consultant all records and
data on file that will assist the Consultant in the performance of
services under this Contract. City further will make available
appropriate personnel to assist the Consultant with regard to such
records and data. Such personnel will be made available for a total
of 50 person days of effort.
May 1, 1989
Page 289
XII.
AMENDMENT OF CONTRACT
This Contract may be amended or extended only upon written
agreement of the parties.
XIII.
TERMINATION
This Contract may be terminated
thirty (30) days written notice to the
shall not be given until the other par
which to correct such matters as may b
party in writing. Termination under t
the City pay Consultant for such servi
termination as have been received by t
acceptable by the City Manager.
EXECUTED this 1st day of May, 1989.
CONSULTANT:
/s Bill G. Evans
Bill G. Evans, Vice President
ATTEST:
s Renee Trisley
Secretary
APPROVED AS TO CONTENT:
s Larry J. Cunningham
Larry J. Cunningham, City Manager
by either party hereto upon
other party. Such notice
ty has had thirty (30) days in
e complained about by the other
his section shall require that
ces prior to the date of
he City and found to be
CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd__
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
During the April 27, 1989 City Council Work
Session, Council authorized Staff to negotiate a
Contract with Cresap Management Consultants, Inc.
to perform a study of the Criminal Justice System
in Lubbock County, with special emphasis on the
Lubbock Police Department. The City Staff and
representatives of Cresap have reached agreement.
The provisions of the Contract reflect the scope
of services outlined in the RFP as well as the
elements of the proposal submitted by Cresap for
this study.
The Contract requires that Cresap begin the study
within 7 days following the signing of the
Contract on May 1. The Contract also stipulates
that Cresap will present preliminary police
staffing recommendations to Council prior to the
presentation of the annual budget in June.
The Cresap proposal had originally stipulated a
maximum $189,000 compensation to complete this
study. The Staff was able to negotiate a
Contract using the existing agreed upon scope of
services and proposal totalling a maximum of
$179,000, 5.3% less than the original proposal.
The Contract also stipulates that the consultant
will be available for reasonable implementation
assistance following the presentation of the
final recommendations.
Staff recommended approval of this Contract, as
negotiated.
May 1, 1989
Page 290
Councilman Carpenter asked for a report on
outcome of surveys Cresap Management Consultants
have conducted in other cities/counties.
City Manager Larry Cunningham stated that
references had been checked on all firms
submitting RFP's and that especially in Maricopa
County, the recommendations of the study were
implemented.
Trent Petty, Assistant to the City Manager,
commented that some of the changes Maricopa
County implemented were regarding staffing, a
fleet plan and various other efficiency measures.
He went on to say that even though the initial
study involved some controversy, the
recommendations were well received.
Councilman Carpenter advised he still has
problems with doing this study.
Councilman Patterson pointed out that the last
study was in 1975 and that, in his opinion, it is
time for another study.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, to authorize Resolution
#3086 as recommended by Staff and authorize
funding from the General Budget, undesignated,
unreserved, fund balance. Motion carried: 6
Yeas; 1 Nay - Councilman Carpenter.
There being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Councilwoman Trejo, to
adjourn the meeting at 8:06 A.M. Motion carried: 7 Yeas; 0 Nays.
McM NN, MAYOR
S1
Ranitt e Boyd, City Secr to y
READ AND APPROVED THIS 11th DAY OF MAY, 1989.
4B. Mc NN, MAYOR
(�R7anetBoyd, City Secr ary
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Frances Hernandez a Notary Put in and For Lubbock County,
personally appeared T. J. A u f i l l r Account a n a fy e r of the Sout
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening
being by me duly sworn did depose and say that said newspaper has been published cunt
than fifty-two weeks prior to the first insertion of this Legal Notice
No. 506206 at Lubbock County. Texas and
ed copy of the e a Notice is a true coy of the ongfinal and was print
Avalanche -Journal on the following dates: May , 12 9 19 89
420 Words @ .92 = $386.40 A
Account M nager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this
FORM 58-10
. 4TF Gr S�
17JAy of May . 199_9
J
NOTICE TO THg PUBLIC
OF
ICrS Of the LubbWA Campy Water
Control and Imwovenont Oletrfct
Nnm6ar One of Lubbock Counly.
Texas, on Allay I, I adaWed OR-
D I NANCE xV I and that a suWan•
five slatenrent Of the provislarm
Hlereaf, Is hereby published to
comply with Article $1.129 W the
Water Code of the State of Texas
and the saute shalt be In full farce
and effect and affor.
ORDINANCE xVI
AN ORDINANCE HNACTPd
AND PROVISIONS OF
u CHARTER lA 6F
i ANNOTATED TE%AS
4 INCLUDING AR7I•
OF SUCH STATUTES,
]NO THE USE OF
NSED, PLAY VEHI- ,r
RECTORS OF T%E LUBBOCK
COUNTY WAT E R CONTROL AND
IMPROVEMENT DISTRICT
NUMBER ONE DP LUBBOCK
COUNTY.TE%AS-.
Settled 1: PROWBITING PLAY
VEHICLES ON ROADWAYS It
shall be unlawful for any Farm or
persons, Including mtnar children,
to engage In the O Nrating of any
wn-ilceased, Way vehicles an any
Pared -.I-proved roadways or an