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HomeMy WebLinkAbout12-14-15 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKKRISTIN MARTIN Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Councilmember At Large BCouncilmember At Large BMayor Pro-Tem Councilmember District 5Councilmember District 5 DANNY EARP Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held December 14, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held December 14, 2015, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2015, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Kevin Gilmore, First United Methodist Church.The invocation will be given by Kevin Gilmore, First United Methodist Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember John Zemanek.The Pledge of Allegiance will be led Councilmember John Zemanek. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   (Limited to five minutes per person.) (Limited to five minutes per person.) 4.PUBLIC COMMENTSPUBLIC COMMENTS 5.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.)removed and considered separately.)removed and considered separately.) Consider approval or other action regarding the minutes of the City Council meeting held on Consider approval or other action regarding the minutes of the City Council meeting held on (a) November 9, 2015 November 9, 2015 -- P. Fogarty P. Fogarty Consider approval or other action regarding a Resolution authorizing the sale of tax delinquent Consider approval or other action regarding a Resolution authorizing the sale of tax delinquent (b) properties consisting of Lots 1,3properties consisting of Lots 1,3--7,10,177,10,17--29,31 and 32, Block 1149 Town of La Porte; Lots 21 29,31 and 32, Block 1149 Town of La Porte; Lots 21 and 22, Block 2 Battleground Estates and 22, Block 2 Battleground Estates -- K. Powell K. Powell Consider approval or other action regarding a Joint Exercise of Powers Agreement with Consider approval or other action regarding a Joint Exercise of Powers Agreement with (c) National Joint Powers Alliance (NJPA) under cooperative purchasing program National Joint Powers Alliance (NJPA) under cooperative purchasing program -- C. Daeumer C. Daeumer Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of (d) the Code of Ordinances of the City of La Porte, Texas by establishing an Ad Valorem Tax the Code of Ordinances of the City of La Porte, Texas by establishing an Ad Valorem Tax Freeze for residential homestead property owners in the City of La Porte, Texas who are Freeze for residential homestead property owners in the City of La Porte, Texas who are disabled or 65 years of age or older disabled or 65 years of age or older -- C. Alexander  C. Alexander  Consider approval or other action authorizing the City Manager to enter into an agreement with Consider approval or other action authorizing the City Manager to enter into an agreement with (e) the City of Houston Police Department to continue the assignment of a detective with the City of Houston Police Department to continue the assignment of a detective with the La Porte Police Department to the Internet Crimes Against Children Task Force (ICAC) the La Porte Police Department to the Internet Crimes Against Children Task Force (ICAC) - K. AdcoxK. Adcox Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a (f) portion of the N. 8th Street rightportion of the N. 8th Street right--ofof--way,  and retaining a public utility easement in said rightway,  and retaining a public utility easement in said right-of- way way -- T. Tietjens T. Tietjens Consider approval or other action extending the deadline for an additional 90 days for property Consider approval or other action extending the deadline for an additional 90 days for property (g) owners to complete the repairs of two structures one located at 203 Bay Oaks and the other owners to complete the repairs of two structures one located at 203 Bay Oaks and the other located at 422 S. 2nd Street located at 422 S. 2nd Street -- R. Davidson R. Davidson Consider approval or other action regarding vehicle purchases through HGAC and BuyBoard Consider approval or other action regarding vehicle purchases through HGAC and BuyBoard - (h) D. PennellD. Pennell Consider approval or other action authorizing the City Manager to enter into a construction Consider approval or other action authorizing the City Manager to enter into a construction (i) contract with Angel Brothers Enterprises, Ltd., for the improvements of the Catlett, Belfast and contract with Angel Brothers Enterprises, Ltd., for the improvements of the Catlett, Belfast and Pineybrook rightsPineybrook rights--ofof--way way -- D. Pennell D. Pennell Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015-2016 (j) -- D. Pennell D. Pennell Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) (k) Replacement Replacement -- D. Pennell D. Pennell Consider approval or other action regarding replacement of the Hydro Lock connections on all Consider approval or other action regarding replacement of the Hydro Lock connections on all (l) fire hydrants in the City of La Porte fire hydrants in the City of La Porte -- D. Ladd D. Ladd Consider approval or other action authorizing the City Manager to sign a Memorandum of Consider approval or other action authorizing the City Manager to sign a Memorandum of (m) Agreement with Sutphen Corporation for the purchase of additional fire trucks over multiple Agreement with Sutphen Corporation for the purchase of additional fire trucks over multiple year periodyear period-- D. Ladd D. Ladd Consider approval or other action regarding budget adjustment proposed by the La Porte Fire Consider approval or other action regarding budget adjustment proposed by the La Porte Fire (n) Control, Prevention and Emergency Medical Services District Board Control, Prevention and Emergency Medical Services District Board -- D. Ladd D. Ladd Consider approval or other action awarding Bid No. 090512 for the purchase of a new Consider approval or other action awarding Bid No. 090512 for the purchase of a new (o) Command Vehicle for the City of La Porte Fire Department Command Vehicle for the City of La Porte Fire Department -- D. Ladd D. Ladd 6.AUTHORIZATIONS/RESOLUTIONSAUTHORIZATIONS/RESOLUTIONS Consider approval or other action regarding a Resolution adopting a revised Official Zoning Consider approval or other action regarding a Resolution adopting a revised Official Zoning Consider approval or other action regarding a Resolution adopting a revised Official Zoning Consider approval or other action regarding a Resolution adopting a revised Official Zoning (a)(a) Map for the City of La Porte Map for the City of La Porte -- E. Ensey E. Ensey Consider approval or other action regarding a Resolution adopting a policy to provide for Consider approval or other action regarding a Resolution adopting a policy to provide for (b) recovery of costs incurred to respond to public information requests from a single requestor in recovery of costs incurred to respond to public information requests from a single requestor in a twelvea twelve--month period that exceed 36 hours for personnel time month period that exceed 36 hours for personnel time -- P. Fogarty P. Fogarty Consider approval or other action regarding changes to Chapter 7.09 Family Medical Leave Consider approval or other action regarding changes to Chapter 7.09 Family Medical Leave (c) Act (FMLA) and Chapter 7.08 Sick Leave "Physical Report Status" of the City of La Porte Act (FMLA) and Chapter 7.08 Sick Leave "Physical Report Status" of the City of La Porte Employee Handbook to reflect current law Employee Handbook to reflect current law -- C. Alexander C. Alexander 7.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION Discussion and possible action regarding open riding rules at Lomax Rodeo Arena Discussion and possible action regarding open riding rules at Lomax Rodeo Arena - R. Epting (a) Consider approval or other action regarding an Ordinance establishing the membership Consider approval or other action regarding an Ordinance establishing the membership (b) structure of the Fiscal Affairs Committee and consider action to appoint Councilmembers to structure of the Fiscal Affairs Committee and consider action to appoint Councilmembers to the Fiscal Affairs Committee the Fiscal Affairs Committee -- P. Fogarty P. Fogarty 8.REPORTSREPORTS Receive report of the La Porte Development Corporation Board Receive report of the La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, December 17, 2015Planning and Zoning Commission Meeting, Thursday, December 17, 2015 • Christmas Holidays, Thursday, December 24, 2015 and Friday, December 25, 2015Christmas Holidays, Thursday, December 24, 2015 and Friday, December 25, 2015 • New Year Holiday, Friday, January 1, 2016New Year Holiday, Friday, January 1, 2016 • La Porte Development Corporation Board Meeting, Monday, January 11, 2016La Porte Development Corporation Board Meeting, Monday, January 11, 2016 • City Council Meeting, Monday, January 11, 2016City Council Meeting, Monday, January 11, 2016 • Planning and Zoning Commission Meeting, Thursday, January 21, 2016Planning and Zoning Commission Meeting, Thursday, January 21, 2016 • City Council Meeting, Monday, January 25, 2016City Council Meeting, Monday, January 25, 2016 • Zoning Board of Adjustment Meeting, Thursday, January 28, 2016Zoning Board of Adjustment Meeting, Thursday, January 28, 2016 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 10.COUNCIL COMMENTSCOUNCIL COMMENTS members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen, J. Martin, K. or existing policies Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen, J. Martin, K. Martin, Kaminski and Mayor RigbyMartin, Kaminski and Mayor Rigby   11.EXECUTIVE SESSIONEXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in accordance with the authority contained in:Code, in accordance with the authority contained in: ––For the purpose of deliberating the purpose of the For the purpose of deliberating the purpose of the Texas Government Code, Section 551.072Texas Government Code, Section 551.072 purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss a Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue discuss a Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan's Point regarding a 4.42 acre tract of land currently within Sharing Agreement with the City of Morgan's Point regarding a 4.42 acre tract of land currently within the City of La Porte's corporate boundary and proposed to be annexed with the City of Morgan's Point the City of La Porte's corporate boundary and proposed to be annexed with the City of Morgan's Point corporate boundary.corporate boundary. ––Consultations with Attorney: Meet with City Consultations with Attorney: Meet with City Texas Government Code, Section 551.071(2)Texas Government Code, Section 551.071(2) Attorney to discuss Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Attorney to discuss Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan's Point.Revenue Sharing Agreement with the City of Morgan's Point.Revenue Sharing Agreement with the City of Morgan's Point.Revenue Sharing Agreement with the City of Morgan's Point. into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive 12.RECONVENERECONVENE session. session. 13.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the December 14, 2015, agenda of items to be considered by the City Council was posted on the I certify that a copy of the December 14, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on December 8, 2015.City Hall bulletin board on December 8, 2015. Council Agenda Item Council Agenda Item December 14, 2015 December 14, 2015 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Kevin Gilmore, First United Methodist Church.The invocation will be given by Kevin Gilmore, First United Methodist Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember John Zemanek.The Pledge of Allegiance will be led Councilmember John Zemanek. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   (Limited to five minutes per person.) (Limited to five minutes per person.) 4.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item December 14, 2015 December 14, 2015 5.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding the minutes of the City Council meeting held on Consider approval or other action regarding the minutes of the City Council meeting held on (a) November 9, 2015 November 9, 2015 -- P. Fogarty P. Fogarty Consider approval or other action regarding a Resolution authorizing the sale of tax delinquent Consider approval or other action regarding a Resolution authorizing the sale of tax delinquent (b) properties consisting of Lots 1,3properties consisting of Lots 1,3--7,10,177,10,17--29,31 and 32, Block 1149 Town of La Porte; Lots 21 29,31 and 32, Block 1149 Town of La Porte; Lots 21 and 22, Block 2 Battleground Estates and 22, Block 2 Battleground Estates -- K. Powell K. Powell Consider approval or other action regarding a Joint Exercise of Powers Agreement with Consider approval or other action regarding a Joint Exercise of Powers Agreement with (c) National Joint Powers Alliance (NJPA) under cooperative purchasing program National Joint Powers Alliance (NJPA) under cooperative purchasing program -- C. Daeumer C. Daeumer Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of Consider approval or other action regarding an Ordinance amending Chapter 66 "Taxation" of (d)(d) the Code of Ordinances of the City of La Porte, Texas by establishing an Ad Valorem Tax the Code of Ordinances of the City of La Porte, Texas by establishing an Ad Valorem Tax Freeze for residential homestead property owners in the City of La Porte, Texas who are Freeze for residential homestead property owners in the City of La Porte, Texas who are disabled or 65 years of age or older disabled or 65 years of age or older -- C. Alexander  C. Alexander  Consider approval or other action authorizing the City Manager to enter into an agreement Consider approval or other action authorizing the City Manager to enter into an agreement (e) with the City of Houston Police Department to continue the assignment of a detective with with the City of Houston Police Department to continue the assignment of a detective with the La Porte Police Department to the Internet Crimes Against Children Task Force (ICAC) the La Porte Police Department to the Internet Crimes Against Children Task Force (ICAC) - K. AdcoxK. Adcox Consider approval or other action regarding an Ordinance vacating, abandoning, and closing Consider approval or other action regarding an Ordinance vacating, abandoning, and closing (f) a portion of the N. 8th Street righta portion of the N. 8th Street right--ofof--way,  and retaining a public utility easement in said rightway,  and retaining a public utility easement in said right- ofof--way way -- T. Tietjens T. Tietjens Consider approval or other action extending the deadline for an additional 90 days for property Consider approval or other action extending the deadline for an additional 90 days for property (g) owners to complete the repairs of two structures one located at 203 Bay Oaks and the other owners to complete the repairs of two structures one located at 203 Bay Oaks and the other located at 422 S. 2nd Street located at 422 S. 2nd Street -- R. Davidson R. Davidson Consider approval or other action regarding vehicle purchases through HGAC and BuyBoard Consider approval or other action regarding vehicle purchases through HGAC and BuyBoard - (h) D. PennellD. Pennell Consider approval or other action authorizing the City Manager to enter into a construction Consider approval or other action authorizing the City Manager to enter into a construction (i) contract with Angel Brothers Enterprises, Ltd., for the improvements of the Catlett, Belfast contract with Angel Brothers Enterprises, Ltd., for the improvements of the Catlett, Belfast and Pineybrook rightsand Pineybrook rights--ofof--way way -- D. Pennell D. Pennell Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015-2016 (j) -- D. Pennell D. Pennell Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) Consider approval or other action awarding Bid No. 16003 for Submersible Lift Pump(s) (k)(k) Replacement Replacement -- D. Pennell D. Pennell Consider approval or other action regarding replacement of the Hydro Lock connections on all Consider approval or other action regarding replacement of the Hydro Lock connections on all (l) fire hydrants in the City of La Porte fire hydrants in the City of La Porte -- D. Ladd D. Ladd Consider approval or other action authorizing the City Manager to sign a Memorandum of Consider approval or other action authorizing the City Manager to sign a Memorandum of (m) Agreement with Sutphen Corporation for the purchase of additional fire trucks over multiple Agreement with Sutphen Corporation for the purchase of additional fire trucks over multiple year periodyear period-- D. Ladd D. Ladd Consider approval or other action regarding budget adjustment proposed by the La Porte Fire Consider approval or other action regarding budget adjustment proposed by the La Porte Fire (n) Control, Prevention and Emergency Medical Services District Board Control, Prevention and Emergency Medical Services District Board -- D. Ladd D. Ladd Consider approval or other action awarding Bid No. 090512 for the purchase of a new Consider approval or other action awarding Bid No. 090512 for the purchase of a new (o) Command Vehicle for the City of La Porte Fire Department Command Vehicle for the City of La Porte Fire Department -- D. Ladd D. Ladd ****************************************************************** ****************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem DANNY EARP Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 9, 2015 Monday November 9, 2015, The City Council of the City of La Porte met in a regular meeting on at the 6:00 p.m City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Earp, Engelken, J. Martin, Leonard, Zemanek, K. Martin, Kaminski and Clausen. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION – The invocation was given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was led by Councilmember Dottie Kaminski. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition – Employee of the Third Quarter 2015 – David Hefner (City of La Porte Parks and Recreation Department) – Mayor Rigby Mayor Rigby recognized David Hefner as Employee of the Third Quarter 2015. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, commented Councilmember Engelken missed a good meeting on October 26, 2015, and asked Council to reconsider the decision reached on the Windsail Bay Apartments. John Kling, 11025 Pinewood Ct., addressed Council in favor of the Over 65 Property Tax Freeze and commented there is a handout misleading to the public referencing a revenue loss to the City. Steve Coycault, Sr., addressed Council in favor of the Over 65 Property Tax Freeze and commented law passed January 1, 2004, for cities to voluntarily freeze city taxes for property owners over 65 and the disabled. Mr. Coycault advised seniors would receive $21.30 a year relief and implored Council to approve the Over 65 Property Tax Freeze. Robert Bractcher, 2322 Limerick Ct., Deer Park, addressed Council in favor of the Over 65 Property Tax Freeze and encouraged them to consider what other cities have done by freezing taxes. Bill Scott, 1722 Lomax School Rd., addressed Council and requested assistance for two young ladies with a matter involving the La Porte Police Department. Mr. Scott also advised Council of concerns with Code Enforcement and horse trailers. Belinda Scott, 1722 Lomax School Rd., addressed Council in regards to the City Ordinance addressing trailers and advised of her concerns with Code Enforcement advising that she needs to 15 Page of November 9, 2015, Council Meeting Minutes enclose her trailers. Ms. Scott also commented she feels the ordinance is vague and left a DVD of trailers and excess storage in Lomax with the City Secretary. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the City Council Meeting held on November 9, 2015 – P. Fogarty (b) Consider approval or other action regarding a Resolution of the City Council of the City of La Porte, Texas, casting a ballot for the election of Ed Heathcott to the Board of Directors of the Harris County Appraisal District – P. Fogarty (c) Consider approval or other action regarding a Memorandum of Agreement with Fairmont Park Homeowners Association for a Community Cooperation Project – T. Leach (d) Consider approval or other action to roll over requested encumbrance from Fiscal Year 2015 to Fiscal Year 2016 – M. Dolby (e) Consider approval or other action regarding an Ordinance amending Chapter 2 “Administration” of the Code of Ordinances of the City of La Porte by revising city policy for renaming of public streets – C. Alexander (f) Consider approval or other action regarding an Ordinance renaming N. 5 th Street to Dr. Martin Luther King, Jr., Drive – C. Alexander (g) Consider approval or other action awarding Bid No. 15017 for Plastic Garbage Bags – D. Mick (h) Consider approval or other action regarding the Fiscal Year 2015 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure – K. Adcox Regarding Item G, Councilmember Martin questioned if the 33-gallon bags are less than the bags in the last budget year. Public Works Director responded the bags are within the budget and may be slightly less than last year option. Councilmember Martin commented he prefers the 33-gallon bags. Ordinance 2015-3611: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY REVISING CITY POLICY RELATED TO RENAMING OF PUBLIC STREETS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2015-3612: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN TH ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OF NORTH 5 STREET TO DR. MARTIN LUTHER KING, JR., DRIVE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 25 Page of November 9, 2015, Council Meeting Minutes Councilmember Leonard moved to approve the Consent Agenda items pursuant to staff recommendations to include the 33-gallon Plastic Garbage Bags on Item 6g. Councilmember MOTION PASSED. Engelken seconded. Ayes: Mayor Rigby, Councilmembers J. Martin, Leonard, Zemanek, K. Martin, Kaminski, Engelken, Clausen and Earp Nays: None Absent: None 7. AUTHORIZATIONS (a) Consider approval or other action regarding proposed Stop Loss Contract with Voya for city health insurance plan – M. Hartleib City Manager Corby Alexander and Senior Vice-President Lance Pendley with McGriff, Seibel & Williams of Texas, Inc., presented a summary. Councilmember Earp questioned if it is the same consultant as last year. City Manager Corby Alexander responded yes. Councilmember Earp asked the justification for the increase this year. Senior Vice-President Lance Pendley responded there is a .02 increase that equates to $101.00 on the aggregate fees only. Councilmember Earp asked the cost of the premium for the past three years. Mr. Pendley responded approximately $360,000.00 in 2013 and $440,000.00 the past year. Councilmember Earp commented the City has paid in about $1.2 million and asked the cost of claims. Mr. Pendley responded there were no claims paid out in 2013. Councilmember Zemanek asked if all consultants are asked to reconsider the bidding offers. Mr. Pendley responded they have not done a final and best offer as of yet, but will if Council desires. Councilmember Martin asked how long is the current Stop Loss Contract in effect. Mr. Pendley responded until January 1, 2016. Councilmember Earp moved to have Staff go back and solicit more markets and changing agents. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Councilmembers Kaminski, Earp, K. Martin, Engelken, Leonard and Zemanek Nays: Mayor Rigby and Councilmembers Clausen and J. Martin Absent: None 8. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding appointment to the Board of the La Porte Area Water Authority – P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember J. Martin moved to appoint Stephen Barr to the La Porte Area Water Authority. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen, Earp, K. Martin, Engelken, Leonard and Zemanek Nays: None Absent: None (b) Discussion and possible action regarding Over 65 Property Tax Freeze – M. Dolby Finance Director Michael Dolby presented a summary. 35 Page of November 9, 2015, Council Meeting Minutes Mayor Rigby commented Mr. Coycault addressed Council earlier in the year and wrote a letter to the editor advising Council was to make a decision addressing the Over 65 Tax Freeze on October 26, 2015; and Council gathered additional information to make a decision tonight. Mayor Rigby informed citizens were led to believe the item has been delayed since 2003 and advised this is the second time he recalls the item being discussed. The Mayor advised he is not opposed to freezing taxes but does not want the citizens to think the item has been delayed since 2003. Councilmembers Clausen and J. Martin both indicated a willingness to increase exemptions. Councilmember Leonard moved to approve a tax freeze for citizens over 65 and the disabled. MOTION PASSED. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen, Earp, K. Martin, Engelken, Leonard and Zemanek Nays: Councilmembers Clausen and J. Martin Absent: None 9. REPORTS (a) Receive report of the La Porte Development Corporation Board – Councilmember Engelken. Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting held on November 11, 2015. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander recognized the last Council meeting for Public Works Director Dave Mick and wished him well in the future. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Kaminski congratulated David Hefner as Employee of the Third Quarter 2015 and commented Public Works Director Dave Mick will be missed; Councilmember Zemanek wished Dave Mick the best in his future endeavors and reminded everyone of Veterans Day on Wednesday; Councilmember Leonard congratulated David Hefner as Employee of the Third Quarter 2015 and wished Public Works Director Dave Mick the best in his future endeavors; Engelken congratulated David Hefner as Employee of the Third Quarter 2015; wished Public Works Director Dave Mick the best in his future endeavors and everyone a Happy Thanksgiving; Councilmember Earp thanked Public Works Director Dave Mick for his services to the City and the Lomax area and thanked the Emergency Responders during the tornado; Councilmember Clausen congratulated David Hefner as Employee of the Third Quarter 2015; wished Public Works Director Dave Mick the best in his future endeavors and thanked Emergency Responders for the cleanup after the tornado; Councilmember J. Martin congratulated David Hefner as Employee of the Third Quarter 2015 and wished Public Works Director Dave Mick the best in his future endeavors and thanked City Manager Corby Alexander for facilitating assistance to individuals after the condemnation of Windsail Bay Apartments; Councilmember K. Martin commented Public Works Director Dave Mick will be missed and reminded everyone of the Harvest Banquet this coming Saturday and Mayor Rigby congratulated David Hefner as Employee of the Third Quarter; commented Public Works Director Dave Mick will be missed and wished him the best in his future endeavors. 12. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: 45 Page of November 9, 2015, Council Meeting Minutes Texas Government Code, Section 551.071(1)(a) – Consultation with Attorney regarding pending or contemplated Litigation – Meet with City Attorney and City Manager to discuss City of La Porte Adoption Center and Animal Shelter Project construction contract matter. Texas Government Code, Section 551.074 – Personnel Matter: Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Judge Denise Mitrano City Council recessed the regular Council meeting to convene an executive session at 6:58 p.m. regarding the items listed above. 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 7:47 p.m. Regarding Texas Government Code, Section 551.071(1)(a) – Consultation with Attorney regarding pending or contemplated Litigation – Meet with City Attorney and City Manager to discuss City of La Porte Adoption Center and Animal Shelter Project construction contract matter. Councilmember Clausen moved to settle with Frost Construction for $30,000.00. Councilmember MOTION PASSED. Leonard seconded. Ayes: Mayor Rigby, Councilmembers Leonard, J. Martin, K. Martin, Clausen, Kaminski, Zemanek, Earp and Engelken Nays: None Absent: None Regarding Texas Government Code, Section 551.074 – Personnel Matter: Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Judge Denise Mitrano City Council received a report on Municipal Court duties. 14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 7:47 p.m. Councilmember Martin seconded. Motion passed unanimously. _______________________________ Patrice Fogarty, City Secretary Passed and approved on December 14, 2015. ________________________________ Mayor Louis R. Rigby 55 Page of November 9, 2015, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: K. PowellK. Powell Requested By:Requested By: Account Number:Account Number: FinanceFinance Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Resolution Resolution 2. P173 P173 3. P267 P267 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale.  The City of La Porte has had these properties on our property at any time by public or private sale.  The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and has received a bid for the minimum bid public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or higher; at this time we are asking the city council to pass a resolution to amount set by the judgment or higher; at this time we are asking the city council to pass a resolution to approve the sale of these properties for the amount that has been offered.   approve the sale of these properties for the amount that has been offered.    P173 –Lots 1, 3 through 7, 10, 17 through 29, 31 & 32 Block 1149 Town of La Porte Lots 1, 3 through 7, 10, 17 through 29, 31 & 32 Block 1149 Town of La Porte -- Offer $78,217.62 Offer $78,217.62  P267 –Lots 21 & 22 Block 2 Battleground Estates Lots 21 & 22 Block 2 Battleground Estates ––Offer $15,933.79Offer $15,933.79             Action Required of Council:Action Required of Council: Consider approval or other action regarding a Resolution authorizing the sale on the properties listed Consider approval or other action regarding a Resolution authorizing the sale on the properties listed above. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO:024-206-049-0001Property Struck off for:Taxes CAUSE NO:1999-37587+ Costs, Post Judment paid to County PLAINTIFF(S):City of La Porte & La Porte Independent School District JUDGMENT AGAINST:La Porte - Houston Realty Co JUDGMENT DATE:August 14, 2001STRUCK OFF DATE:July 2, 2002 ORDER OF SALE:March 22, 2002 DEED RECORDED DATE:July 30, 2002STRUCK OFF TO:City of La Porte CONSTABLE:Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS:State Hwy 146 South LEGAL DESCRIPTION:Lots 1, 3 thru 7, 10, 17 thru 29, 31 & 32 Block 1149 La Porte ADJUDGED VALUE ( IN JUDGMENT):$89,100.00 SQUARE FOOTAGE:68,750 SUMMARY OF SALE ACTIVITY BIDDER:First Baptist Church, La PorteBIDDER'S ADDRESS:310 S Broadway AMOUNT OF BID:$78,217.62La Porte, TX 77571 AMOUNT OF DEPOSIT:$7,821.76PO Box 2075La Porte, TX 77572 AMOUNT DUE:$70,395.86BIDDER'S PHONE NO:281-470-0338 PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, JUDGMENT TOET AL.%SCHOOL%CITY%TOTAL AMOUNT DUE$16,554.3724.83%$33,858.8250.79%$16,252.6524.38%$66,665.84 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES CONSTABLE/ AD ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE LITEM RESEARCH FEE & TO BE PRORATED TO BIDCOST(TISD)FEEDEED RECORDING FEETAXES $78,217.62$0.00$175.00$0.00$11,376.78$66,665.84 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TOCOUNTY%SCHOOL%CITY%TOTAL PRORATED AMOUNT $16,554.3724.83%$33,858.8250.79%$16,252.6524.38%$66,665.84 Amount of Bid:$78,217.62 Costs: -District Clerk$0.00 -Tax Master$0.00 -Post Judgment County$0.00 -Publication$175.00 -Abstract Fee$250.00 -Cost$11,126.78Mowing -Ad Litem Fee$0.00 Total:$66,665.84 Taxing Jurisdictions:Amount in Judgment:%Amount Received City of La Porte$16,252.6524.38%$16,252.65 La Porte ISD$33,858.8250.79%$33,858.82 Harris County$14,171.0221.26%$14,171.02 San Jacinto CCD$2,383.353.58%$2,383.35 State of Texas$0.000.00%$0.00 $66,665.84100.00%$66,665.84 Costs + Taxes$78,217.62 Adjudged Value$89,100.00 P173 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS§ §TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY EDUCATION DISTRICT (LA PORTE HCED), HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROLDISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT,and the SAN JACINTOCOMMUNITY COLLEGE DISTRICT, acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by FIRST BAPTIST CHURCHLA PORTE, HARRIS COUNTY, TEXAS(“GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY EDUCATION DISTRICT (LA PORTE HCED), HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,HARRIS COUNTY HOSPITAL DISTRICT,and the SAN JACINTO COMMUNITY COLLEGE DISTRICTin the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-37587, styled City of La Porte, et al vs. Norman Adoue, et alsaid property being described as: LOTS 1, 3-7, 10, 17-29, 31, 32, BLOCK 1149, LA PORTE, AN ADDITION IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS.(ACCOUNT NUMBER 0242060490001) This conveyance ismade and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the saidFIRST BAPTIST CHURCH LA PORTE, HARRIS COUNTY, TEXASits successorsand assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY EDUCATION DISTRICT (LA PORTE HCED), HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRISCOUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT, and the SAN JACINTO COMMUNITY COLLEGE DISTRICTnorany person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee acceptsthe property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject toany title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agreesthat this conveyance is expressly made without warranty. P173 This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY EDUCATION DISTRICT (LA PORTE HCED), HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT,and the SAN JACINTO COMMUNITY COLLEGE DISTRICThas caused these presents to be executed this ________day of ______________________ 2015. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY,MAYOR, CITY OF LA PORTE ACCEPTED: __________________________________ DAVID EATON, TRUSTEE FOR THE FIRST BAPTIST CHURCHLA PORTE, HARRIS COUNTY, TEXAS P173 THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS§ § COUNTY OFHARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared DAVID EATON, Trustee for the First Baptist Church La Porte,Harris County, Texas known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To:First Baptist Church La Porte, Harris County, Texas P.O. Box 2075 La Porte, TX 77572 P173 AREA MAP 11321131 LOTS 1, 3-7, 10, 17-29, 31 & 32, BLOCK 1149, LA PORTE 11491150 LITTLE CEDAR BAYOU DR 1 3 1 inch = 100 feet SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO:080-013-000-0021Property Struck off for:Taxes CAUSE NO:2009-03156+ Post Judgment Taxes PLAINTIFF(S):City of La Porte & La Porte Independent School District JUDGMENT AGAINST:Timothy W Howell JUDGMENT DATE:December 2, 2010STRUCK OFF DATE:March 1, 2011 ORDER OF SALE:January 14, 2011 DEED RECORDED DATE:April 21, 2011STRUCK OFF TO:La Porte ISD CONSTABLE:Phil Sandlin, Constable Precinct No 8 PROPERTY ADDRESS:Houston Drive LEGAL DESCRIPTION:Lots 21 & 22 Block 2 Battleground Estates Sec 1 ADJUDGED VALUE ( IN JUDGMENT):$34,100.00 SQUARE FOOTAGE:11,000 SUMMARY OF SALE ACTIVITY BIDDER:Kristen PyeattBIDDER'S ADDRESS:11007 Houston Dr AMOUNT OF BID:$15,933.79La Porte, TX 77571 AMOUNT OF DEPOSIT:$1,593.38 AMOUNT DUE:$14,340.41BIDDER'S PHONE NO:713-562-6732 PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, JUDGMENT TOET AL.%SCHOOL%CITY%TOTAL AMOUNT DUE$0.000.00%$4,727.6232.94%$9,626.1667.06%$14,353.78 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES CONSTABLE/ AD ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE LITEM RESEARCH FEE & TO BE PRORATED TO BIDCOST(TISD)FEEDEED RECORDING FEETAXES $15,933.79$685.00$575.00$0.00$320.00$14,353.79 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TOCOUNTY%SCHOOL%CITY%TOTAL PRORATED AMOUNT $0.000.00%$4,727.6232.94%$9,626.1767.06%$14,353.79 Amount of Bid:$15,933.79 Costs: -District Clerk$650.00 -Tax Master$35.00Kristin Brauchle -Constable Fee$400.00 -Publication$175.00 -Abstract Fee$250.00 -Cost$0.00 -Advertising Fee/Deed Recording $70.00 -Ad Litem Fee$0.00 Total:$14,353.79 Taxing Jurisdictions:Amount in Judgment:%Amount Received La Porte ISD$9,626.1667.06%$9,626.17 City of La Porte$4,727.6232.94%$4,727.620 Harris County$0.000.00%$0.000 San Jacinto CCD$0.000.00%$0.00 State of Texas$0.000.00%$0.00 $14,353.78100.00%$14,353.79 Costs + Taxes$15,933.78 Adjudged Value$34,100.00 P267 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS§ §TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICTandHARRIS COUNTYEDUCATION DISTRICT (LA PORTE –HCED),acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by KRISTEN PYEATT(“GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICTand HARRIS COUNTY EDUCATION DISTRICT (LA PORTE –HCED)in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2009-03156, styled La Porte ISD vs. Timothy W. Howell said property being described as: LOTS 21 AND 22 IN BLOCK 2 OF BATTLEGROUND ESTATES, SECTION 1, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED OR FILED FOR RECORD IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 0800130000021) This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the saidKRISTEN PYEATT,her heirsand assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICTand HARRIS COUNTY EDUCATION DISTRICT (LA PORTE–HCED)norany person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee acceptsthe property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agreesthat this conveyance is expressly made without warranty. P267 This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself,LA PORTE INDEPENDENT SCHOOL DISTRICT and HARRIS COUNTY EDUCATION DISTRICT (LA PORTE –HCED)has caused these presents to be executed this ________day of ______________________ 2015. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY,MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ KRISTEN PYEATT P267 THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared KRISTEN PYEATT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executedsame for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To:Kristen Pyeatt 11007 Houston Dr. La Porte, TX 77571 P267 AREA MAP LOTS 21 & 22, BLOCK 2, BATTLEGROUND ESTATES SECTION 1 12 2 HOUS TON D R 3 MON UMENT RD 4 1 inch = 100 feet REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: December 14, 2015 Source of Funds: N/A Requested By: Cherell Daeumer Account Number: Department: Finance/Purchasing Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: NJPA Brochure Budgeted Item: YES NO Exhibits: NJPA Joint Powers Agreement Exhibits SB1281 SUMMARY & RECOMMENDATION National Joint Powers Alliance (NJPA) is a nationally contracting agency which provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. NJPA members may be authorized to use NJPA contracts through joint exercise of powers laws, interlocal cooperation or cooperative purchasing laws. All awarded contracts through NJPA have been through a competitively bid process. With the passing of SB 1281 a Texas local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state or another state. Staff is requesting approval to enter into a Joint Powers of Agreement with NJPA to utilize cooperative purchasing contracts. The Fire Department has identified a contract through NJPA to purchase a command vehicle which is a separate agenda item for consideration. There are no membership fees to be a member of NJPA. Action Required by Council: Consider approval or other action authorizing the City to enter into a Joint Powers of Agreement with NJPA. Approved for City Council Agenda Corby D. Alexander, City Manager Date Get to know us. National Joint Powers Alliance (NJPA) is a government agency that ® establishes an alliance between buyers and suppliers for use by WHAT IS NJPA’S COOPERATIVE PURCHASING? NJPA’s cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies while also streamlining the NJPA establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal NJPA contracts have • NJPA has the legislative authority to establish contracts for government streamlined our contracts through a competitive solicitation process on behalf of its purchasing process, • Members have a choice of these contracts and procurement processes, saving our district thousands thereby satisfying local/state solicitation requirements and avoiding —School District Member NJPA members save time and money while also avoiding the unpleasant NJPA’s expansive list of WHAT PRODUCTS AND SERVICES DOES NJPA REPRESENT? vendors gaps of our existing state www.NJPAcoop.org/search HOW CAN MY AGENCY PARTICIPATE? Using NJPA was seamless • Learn more at www.NJPAcoop.org/join. • and • Your NJPA member ID # arrives via e-mail and additional information —University Member NJPAcoop.org • 888-896-3950 Competitively Solicited National Cooperative Contract Solutions alliance Establishing an buyerssuppliers between and ® PHARMACY SERVICES MEDICAL SUPPLY A Liquidity Services Marketplace 7 R ® Furniture & Equipment RISK SOLUTIONS Nothing else is even close NJPAcoop.org • 888-896-3950 Competitively Solicited National Cooperative Contract Solutions 10/1/2015 S.B.ANo.A1281 1ANACT 2relatingtotheauthorityofalocalgovernmenttoparticipateina 3cooperativepurchasingprogramwithlocalgovernmentsofthisstate 4oranotherstate. 5BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFTEXAS: 6SECTIONA1.AASection271.102(a),LocalGovernmentCode,is 7amendedtoreadasfollows: 8(a)AAAlocalgovernmentmayparticipateinacooperative 9purchasingprogramwithanotherlocalgovernmentofthisstateor 10anotherstateorwithalocalcooperativeorganizationofthis 11stateoranotherstate. 12SECTIONA2.AAThisActtakeseffectimmediatelyifitreceives 13avoteoftwo-thirdsofallthememberselectedtoeachhouse,as 14providedbySection39,ArticleIII,TexasConstitution.Ifthis 15Actdoesnotreceivethevotenecessaryforimmediateeffect,this 16ActtakeseffectSeptember1,2015. 1 S.B.ANo.A1281 ____________________________________________________________ PresidentoftheSenateAAAAAAAAAAAAASpeakeroftheHouse IherebycertifythatS.B.ANo.A1281passedtheSenateon AprilA30,A2015,bythefollowingvote:AAYeasA31,NaysA0. ______________________________ AAAASecretaryoftheSenate IherebycertifythatS.B.ANo.A1281passedtheHouseon MayA19,A2015,bythefollowingvote:AAYeasA146,NaysA0,two presentnotvoting. ______________________________ AAAAChiefClerkoftheHouse Approved: ______________________________ AAAAAAAAAAAAADate ______________________________ AAAAAAAAAAAGovernor 2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Corby AlexanderCorby Alexander Requested By:Requested By: Account Number:Account Number: AdministrationAdministration Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the November 11, 2015 Council meeting, the Council approved moving forward with the necessary At the November 11, 2015 Council meeting, the Council approved moving forward with the necessary documents to enact a senior tax freeze for homestead homeowners who are over 65 or disabled.  The documents to enact a senior tax freeze for homestead homeowners who are over 65 or disabled.  The attached ordinance would amend Chapter 66 Article 2 to enact the senior tax freeze.attached ordinance would amend Chapter 66 Article 2 to enact the senior tax freeze.  Staff recommends approval of the ordinance. Staff recommends approval of the ordinance. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance Amending Chapter 66 Consider approval or other action of an ordinance Amending Chapter 66 ““TaxationTaxation””of the Code of of the Code of Ordinances of the City of La Porte by establishing a property tax freeze for residential homestead Ordinances of the City of La Porte by establishing a property tax freeze for residential homestead property owners in the City of La Porte who are disabled or 65 years of age or older. property owners in the City of La Porte who are disabled or 65 years of age or older.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Kenith AdcoxKenith Adcox Requested By:Requested By: Account Number:Account Number: PolicePolice Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. ICAC Agreement ICAC Agreement -- Proposed Proposed 2. ICAC Agreement ICAC Agreement -- Current Current SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Police Department has a longThe Police Department has a long--standing working relationship with the Internet Crimes Against standing working relationship with the Internet Crimes Against Children Task Force (ICAC).  LPPD Detective David Huckabee is currently assigned fullChildren Task Force (ICAC).  LPPD Detective David Huckabee is currently assigned full--time to the task time to the task force, which is currently being operated and funded through a federal grant to the Houston Police force, which is currently being operated and funded through a federal grant to the Houston Police Department.  Department.   An agreement with City of Houston was approved by Council in 2012, and had a four year renewal An agreement with City of Houston was approved by Council in 2012, and had a four year renewal option based on federal funding (through 2016).  The City of Houston has recently reapplied for grant option based on federal funding (through 2016).  The City of Houston has recently reapplied for grant funding and has been approved for the funding and opted to renew contracts with participating entities at funding and has been approved for the funding and opted to renew contracts with participating entities at this juncture. this juncture.  The ICAC grant would cover reimbursements of $63,000 to cover the costs of the involved detectiveThe ICAC grant would cover reimbursements of $63,000 to cover the costs of the involved detective’s annual salary and benefits.  This amounts to approximately 60% of the detectiveannual salary and benefits.  This amounts to approximately 60% of the detective’’s current annual salary s current annual salary and benefit costs.  The City of La Porte is being asked to fund the remaining 40% of the detectiveand benefit costs.  The City of La Porte is being asked to fund the remaining 40% of the detective’’s s salary and benefits, which would be approximately $43,263.  The involved detectivesalary and benefits, which would be approximately $43,263.  The involved detective’’s total annual salary s total annual salary and benefits have already been programmed into the Police Departmentand benefits have already been programmed into the Police Department’’s 2015/2016 budget and grant s 2015/2016 budget and grant fund budget (ICAC Grant).  In addition to the above reimbursements, the ICAC Grant would provide the fund budget (ICAC Grant).  In addition to the above reimbursements, the ICAC Grant would provide the assigned detective with required specialized training, a work space, all required computer forensic assigned detective with required specialized training, a work space, all required computer forensic equipment, and reimburse for a lease vehicle (up to $8,100.00 annually) and associated fuel (up to equipment, and reimburse for a lease vehicle (up to $8,100.00 annually) and associated fuel (up to $3,600.00 annually). $3,600.00 annually).  This agreement would be for a term of 1 year, with the intent of extending the agreement on an annual This agreement would be for a term of 1 year, with the intent of extending the agreement on an annual basis, based on available funding, for a maximum of four (4) years.   Detective Huckabee would also basis, based on available funding, for a maximum of four (4) years.   Detective Huckabee would also continue to be available to provide the La Porte Police Department with assistance relating to other continue to be available to provide the La Porte Police Department with assistance relating to other types of local specialized cases and respond to emergency incidents (i.e. hurricanes) within the City types of local specialized cases and respond to emergency incidents (i.e. hurricanes) within the City when deemed necessary by the Chief of Police.  when deemed necessary by the Chief of Police.   Staff is recommending that City Council authorize the City Manager to enter into an Agreement with the Staff is recommending that City Council authorize the City Manager to enter into an Agreement with the City of Houston Police Department to continue the assignment of a detective to the ICAC Task Force City of Houston Police Department to continue the assignment of a detective to the ICAC Task Force under the above described conditions.under the above described conditions. Action Required of Council:Action Required of Council: Consider approval or other action to authorize the City Manager to enter into an Agreement with the City Consider approval or other action to authorize the City Manager to enter into an Agreement with the City of Houston Police Department to continue the assignment of a detective to the ICAC Task Force under of Houston Police Department to continue the assignment of a detective to the ICAC Task Force under the above described conditions.the above described conditions. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate INTERLOCAL AGREEMENT Internet Crimes Against Children Task Force Program: Houston Metropolitan Area STATE OF TEXAS § § COUNTY OF HARRIS § This Interlocal Agreement, hereinafter referred to as the , is entered into by and between the City of Houston, a home rule municipality of the State of Texas, situated in Harris County, Texas, a political subdivision of the State of Texas, acting by and through its governing body, the City "City" Council, hereinafter referred to as the , and the City of La Porte Texas, , a body corporate and La Porte politic, acting by and through its City Council, and acting for the La LPD ooperation Act, Texas Government Code, Chapter 791. WITNESSETH WHEREAS, City, the through the Houston Police Department, hereinafter referred to as the , has applied for a grant with the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention (OJJDP), hereinafter referred to as the $376,584.00 for funding in the amount of and entitled, Grant , hereinafter referred to as the . WHEREASCity$63,000 , the , has agreed to contribute a total of in reimbursement funds for a LPD portion of the salary and benefits for one Detective The has agreed to contribute the remaining Agreement): WHEREASGrant , the target geographic area of such program is the Houston Metropolitan Area, which includes incorporated as well as unincorporated areas of Harris County, Texas; and all areas of Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, and Waller Counties. WHEREASGrant , the funds, in part, will be expended to pay the salary, fringe benefits, LPD overtime, retirement/pension, insurance costs for a Detective (1), hereinafter referred to as Detective ICAC Grant cases of internet crimes against children and to assist in investigations connected with the program enforcement with jurisdictional issues: and, WHEREAS, CityCity of La Porte the and the believe it is in their best interests to enter into Agreement, this to carry out the Grant program: and, WHEREAS, City City of La Porte the and theagree to abide by all pertinent federal, state and local laws and regulations. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 AgreementDetectiveCity The purpose of this is to provide for services of an to work with the and other law enforcement officials to assist in the apprehension and prosecution of child exploitation, and serve as a liaison between same and other Detectives and law enforcement ICAC Grant agencies that become involved in ongoing investigations as a result of the program enforcement efforts. ARTICLE II TERM 2.01 Agreement July 1, 2015 The term of this is to commence on , provided grant funds are available Grant and terminate on the expiration date, or on the termination date of any extension thereof granted by the Department of Justice, Office of Juvenile Justice Delinquency Programs, June 30,2016 hereinafter referred to as the or , whichever is later. In the event Agreement Grant funding is available for the purpose of this after the expiration date HPDAgreement the by written letter to the LPD LPD Chief for one year at a time for up to four additional years. The Chief is authorized to HPD accept the extension by signing the Extension Letter from the Chief and returning a signed HPD copy of the Extension Letter to Chief. 2.02 City La PorteCity The and acknowledge that the must apply each year for a continuation of this GrantGrantOJJDPGrant and that the can be discontinued at any time by the . Should the be OJJDPCity La Porte terminated or not renewed by the for any reason, the and agree to Agreement, GrantOJJDP terminate this on the date the is terminated by the . 2.03 Either party may terminate this Agreement by serving 30 days prior written notice of termination on the other party. ARTICLE III CONSIDERATION 3.01 La Porte La Porte will be paid on the basis of itemized monthly invoices submitted by and CityCity approved by the showing the actual services performed and the attendant fee. The shall La PorteCity make payment to within thirty (30) days of the receipt by the of such invoices. If La PorteCity any items in any invoices submitted by are disputed by the for any reason, City including lack of supporting documentation, the shall temporarily delete the disputed item CityLa Porte and pay the remaining amount of the invoice. The shall promptly notify of the dispute and request clarification and/or remedial action. After any dispute shall have been settled, La Porte shall include the disputed amount on a subsequent regularly scheduled invoice or on a City special invoice for the disputed item only. The decision of the regarding all disputes La Porte involving invoices shall be final. 3.02 City La PorteAgreement The and acknowledge that during the term of this the amounts Grant provided in may change as the application for renewal of funding in OJJDP the future years is reviewed by the . It is further understood and agreed that any Grant application for additional funds over and above those amounts shown in , City shall first be approved by the and will be in accordance with the effective GRANT OJJDP APPLICATION AND ADMINISTRATION GUIDELINES, of the . In the event this HPD Agreement is extended the the changes do not exceed the Grant funds. ARTICLE IV SCOPE OF SERVICES 4.01 LPDDetective The agrees that the will perform those services provided in attached hereto and incorporated herein for all intents and purposes. 4.02 LPD Thewarrants that: Detective LPDGrant (a) Services performed by the assigned by the to the program and any City property acquired for his use under this or any prior agreement between the and the LPD GrantProperty pertaining to the Grant exclusively devoted to the program and that the amounts paid for personnel expenses are not in excess of the actual cost of same. Detective LPDCity (b) The is not receiving dual compensation from the and the for the Agreement same services performed under the terms of this . OJJDP (c) It will cooperate with the , its agents, representatives, and employees, and any other State of Texas agency in regards to any audit, investigation or inquiry concerning Grant the. Detective HPD (d) The assigned to work with and other law enforcement officers shall at all LPDDetective LPD times, remain a employee. Such shall be subject to all rules, Detective LPD regulations and procedures applicable. Such shall be subject to orders and training. Agreement (e) Nothing in this shall constitute an exception from, waiver of or other basis DetectiveLPD upon which the is permitted to fail to, fully and promptly comply with all rules, regulations, procedures and other operating policies. 4.03 LPD The agrees to comply with the rules, regulations, policies, guidelines and Grants Management System (GMS), provided in , as they Agreement relate to the and use of Federal Funds. ARTICLE V OWNERSHIP OF PROPERTY 5.01 Agreement Upon termination of this , ownership of Property or other non-expendable items will revert to the City of Houston Police Department, subject to the approval of the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention (OJJDP). ARTICLE VI INFORMATION/DATA 6.01 LPDCity The shall keep all materials to be prepared hereunder and all data it receives in strictest LPD confidence excluding those documents and records filed in the Courts. The shall not City divulge such information except as approved in writing by the or as otherwise required by law. 6.02 LPD The , except as otherwise required by law, shall make no announcement or release of Agreement information concerning this until such release has been submitted to and approved in CityOJJDP writing by the and the . When issuing statements, press releases, producing printed Grant materials, audio visuals and other documents describing or related to the program, such material shall clearly state that funding was provided by the City of Houston Police Department Grant through a from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention (OJJDP). Any such publicity shall be in a OJJDPCity form approved by the , the and in accordance with State law. 6.03 City The shall have the right to perform, or cause to be performed, (1) audits of the books and LPDAgreement records of the pertaining to the performance under this , and (2) Agreement.LPD inspections of all places where work is undertaken in connection with this The shall be required to keep such books and records available for such purpose for at least four (4) Agreement years after the ceasing of its performance under this and to insure the availability, City usability and safety of such records. The location of such records shall be disclosed to the upon request. The location of such records shall not affect the time for bringing a cause of action, nor the applicable statute of limitations. 6.04 LPD Theagrees to make all data, reports, records, books, paper, documents and all other information in any form, electronically produced or otherwise, that are prepared, collected or Agreement, assembled for and during performance of this concerning, derived from or as a result Grant, CityCity Controller of the available to the and the , through any authorized representative, within a reasonable time upon request. ARTICLE VII INSURANCE AND LIABILITY 7.01 CityLPD The and the are both governed by the Texas Tort Claims Act, Chapter 101.001 et seq., as amended, Texas Civil Practice and Remedies Code Ann., which sets forth certain limitations and restrictions on the types of liability and the types of insurance coverage that can be required CityLPD.Agreement of the and the Each party to this warrants and represents that it is insured under a commercial insurance policy or self-insured for all claims falling within the Texas Tort Claims Act. 7.02 Agreement Each party to this agrees that it shall have no liability whatsoever for the actions or omissions actions occurred. Each party is solely responsible for the actions and/or omissions of its employees and officers, to the extent permitted by Texas Law. ARTICLE VIII COMPLIANCE WITH EQUAL OPPORTUNITY LAWS 8.01 LPD Tothe extent required by law, the shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the performance of Agreement this , including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30, which are incorporated herein by reference. ARTICLE IX AMENDMENTS Agreement Unless otherwise specified thismay be amended only by written instrument executed CityLa Porte on behalf of the and (by authority of ordinances or resolution adopted by the respective City Councils). ARTICLE X LEGAL CONSTRUCTIONS 10.01 Agreement In case any one or more of the provisions contained in this shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability Agreemen shall not affect any other provision thereof and this t shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XI ENTIRE AGREEMENT 11.01 Agreement Thissupersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or Agreement promise relating to the subject matter of this , which is not contained herein, shall be valid or binding. ARTICLE XII LIABILITY 12.01 Each party to this agreement shall be responsible for its own acts of negligence. Where any injury or property damage results from the joint or concurring negligence of the parties, liability, if any, shall be shared by each party on the basis of comparative responsibility in accordance with the applicable laws of the State of Texas, subject to all defenses, is including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party to this agreement; nor shall any provisions in this agreement be deemed a waiver of any defenses available by law. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THE DATE COUNTERSIGNED. CITY OF HOUSTON, TEXAS ATTEST/SEAL: APPROVED: ____________________ ____________________________ Anna Russell, City Secretary Annise D. Parker, Mayor APPROVED: COUNTERSIGNED BY: ____________________________ __________________________ Charles A. McClelland, Jr. Ronald Green, City Controller Houston Police Chief APPROVED AS TO FORM: DATE COUNTERSIGNED: ______________________________ ____________________________ Senior Assistant City Attorney LA PORTE POLICE DEPARTMENT APPROVED: __________________________________ Corby Alexander, City Manager __________________________________ Kenith Adcox, Police Chief LA PORTE POLICE DEPARTMENT Detective/Investigator SALARY $2,792 x 26 $72,592.00 FRINGE BENEFITS FICA 7.65 x $72,592.00 $5,553.29 RETIREMENT 16.28 x $72,592.00 $11,817.98 WC/U 3.84 x $72,592.00 $2,787.53 INSURANCE $10,512.00 Total Benefits $30,670.80 Total Salary + Benefits $103,262.80 Lease Car @ $675 per month x 12 months $8,100.00 Fuel @ $300 per month x 12 months $3,600.00 Funded by HPD/Grant (approximately 60% not to exceed $63,000.00) $63,000.00 Funded by LPD (approximately 40% + remainder of salary/benefits) $40,262.80 Estimated cost for per diem expenses incurred away from duty station to Investigator assigned to grant position, to be paid in accordance with the La Porte Police Department policy and procedure. Total HPD/Grant Contractual Expenses $74,700.00 Scope of Services LA PORTE POLICE DEPARTMENT DETECTIVE (1) This LPD Detective will work with the members of this grant serving as a liaison between members of this unit, LA PORTE POLICE DEPARTMENT and other local, state and federal law enforcement agencies. This Detective will actively participate in investigations conducted by This Detective will assist local law enforcement officers in investigating child exploitation crimes . that involve the use of the internet ASSURANCES A Grantee and the Applicant hereby makes and certifies that as grantee, it and any subgrantee shall comply with the following conditions: A grantee and subgrantee must comply DOJ/OJJDP grant rules and UGMS. 1. 2. A grantee and subgrantee must comply with Texas Government Code, Chapter 573, by employment of any persons related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person, who shall have been continuously employed for a period of two years, or such period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 3. A grantee and subgrantee must insure that all information collected, assemble or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 4. A grantee and subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special or called meeting of governmental bodies be open to the public, except as otherwise provided by law. 5. A grantee and subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contact with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee and subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, these standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contact administration system to insure that all terms, conditions, and specifications are met. 9. A grantee and subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees and subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 10. Grantees and subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VII of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Grantees and subgrantees will comply, as applicable, with the provisions of the Davis-Bacon 11. Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. §§ 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction sub-agreements. Grantees and subgrantees will comply with requirements of the provisions of the Uniform 12. Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. Grantees and subgrantees will comply with the provisions of the Hatch Political Activity Act (5 13. U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. Grantees and subgrantees will comply with the minimum wage and maximum hours provisions 14. of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. Grantees and subgrantees will insure that the facilities under its ownership, lease or supervision 15. which shall be utilized in the accomplishment of the project are not listed on the Environmental agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO11738) Grantees and subgrantees will comply with Article IX, Section 5 of the state appropriations act 16. which prohibits the use of state funds to influence the outcome of any election or the passage or defeat of any legislative measure. HICAC OUSTON NTERNET RIMES GAINST HILDREN SPECIAL CONDITION ASSURANCES CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Houston Internet Crimes Against Children Program, that all the information presented is correct, and that the applicant will comply with the rules of the Houston Internet Crimes Against Children and all other applicable federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, sub-grant, or other document under which funds are to be disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients of assistance. LPD Authorized Official Date HICAC OUSTON NTERNET RIMES GAINST HILDREN SPECIAL CONDITION ASSURANCES CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Houston Internet Crimes Against Children Program, that all the information presented is correct, and that the applicant will comply with the rules of the Houston Internet Crimes Against Children and all other applicable federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients of assistance. Annise D. Parker, Mayor Date City of Houston REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Tim TietjensTim Tietjens Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. Easement from Port of Houston Authority Easement from Port of Houston Authority 3. Easement from Cunningham Family Easement from Cunningham Family PartnershipPartnership 4. Deed to Port of Houston Authority Deed to Port of Houston Authority 5. Deed to Cunningham Family Partnership Deed to Cunningham Family Partnership 6. Appraisal Summary Appraisal Summary 7. CenterPoint No Objection Letter CenterPoint No Objection Letter 8. AT&T No Objection Letter AT&T No Objection Letter 9. Comcast No Objection Letter Comcast No Objection Letter 10. Area Map Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City has processed an application from the Port of Houston Authority and the Joseph P. The City has processed an application from the Port of Houston Authority and the Joseph P. Cunningham Family Partnership to vacate, abandon and close a portion of the N. 8th St. RightCunningham Family Partnership to vacate, abandon and close a portion of the N. 8th St. Right--ofof--Way Way between N. between N. ““““JJJJ””””St. and N. St. and N. St. and N. St. and N. ““““LLLL””””St. in the Nebraska Syndicate Subdivision.  The purpose of the applicantsSt. in the Nebraska Syndicate Subdivision.  The purpose of the applicantsSt. in the Nebraska Syndicate Subdivision.  The purpose of the applicantsSt. in the Nebraska Syndicate Subdivision.  The purpose of the applicants’’ request is to facilitate expansion of operations in the Nebraska Syndicate subdivision. request is to facilitate expansion of operations in the Nebraska Syndicate subdivision.  Staff’s review of the application has determined that existing water, sanitary sewer and storm sewer s review of the application has determined that existing water, sanitary sewer and storm sewer facilities are located within the portion of the N. 8th St. Rightfacilities are located within the portion of the N. 8th St. Right--ofof--Way subject to closing.  Each applicant Way subject to closing.  Each applicant thth has subsequently executed a utility easement within their respective portion of the N. 8has subsequently executed a utility easement within their respective portion of the N. 8 St. Right St. Right--of- Way to be closed.  Centerpoint Energy, Comcast and AT&T have each expressed Way to be closed.  Centerpoint Energy, Comcast and AT&T have each expressed ““no objectionno objection””to the to the requested closing. requested closing.  thth In accordance with Section 62In accordance with Section 62--35 of the Code of Ordinances, an appraisal of the N. 835 of the Code of Ordinances, an appraisal of the N. 8 St. Right St. Right--ofof-Way has been obtained by the City to establish fair market value.  The appraisal report has set a value of has been obtained by the City to establish fair market value.  The appraisal report has set a value of $2.75 per square foot for the subject right$2.75 per square foot for the subject right--ofof--way.  Closing fees in the amount of $60,637.50 (after 25% way.  Closing fees in the amount of $60,637.50 (after 25% discount by ordinance) have been received from the Joseph P. Cunningham Family Partnership for its discount by ordinance) have been received from the Joseph P. Cunningham Family Partnership for its interest in the west ½ of the rightinterest in the west ½ of the right--ofof--way.  Per Section 62way.  Per Section 62--35, Paragraph 35, Paragraph ““AA””, , the Port of Houston the Port of Houston Authority, being a governmental entity having the power of eminent domain, is exempted from payment Authority, being a governmental entity having the power of eminent domain, is exempted from payment of application and closing fees for the east ½ of the subject rightof application and closing fees for the east ½ of the subject right--ofof--way.way. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance vacating, abandoning, and closing a portion of the N. Consider approval or other action of an ordinance vacating, abandoning, and closing a portion of the N. 8th Street Right8th Street Right--ofof--Way, retaining said rightWay, retaining said right--ofof--way as a public utility easement, and authorizing the City way as a public utility easement, and authorizing the City Manager to execute deeds to each adjacent owner for their respective ½ of the rightManager to execute deeds to each adjacent owner for their respective ½ of the right--ofof--way.way. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. 2015-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSINGA PORTION OF THE NORTH 8TH STREET RIGHT-OF-WAY; RETAINING A PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of the property abutting the hereinafter described portion of the North 8thStreet Right-of-Way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the North 8th Street Right-of- Way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the North 8th Street Right-of-Way is for the protection of the public and for the public interest and benefit, and that the hereinafter th Street Right-of-Way should be vacated, abandoned, and described portion of the North 8 permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter th described portion of the North 8Street Right-of-Way is hereby permanently vacated, abandoned, and closed by the City of La Porte, being generally illustrated on Exhibit “A” incorporated herein, and further described to wit: th Being a 1.3498 acre tract of land out of the North 8 Street Right-of-Way out of the Nebraska SyndicateSubdivision, and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of Lot 22, Nebraska Syndicate, said point being th located at the northeast corner of the intersection of North 8Street (80’ wide) and North “J” Street (80’ wide) rights-of-way; 2 THENCE in a westerly direction along the north line of the North “J” Street Right-of-Way, a distance of 80’ to a point being located at the northwest corner of the intersection of th Street and North “J” Street Rights-of-Way, said point marking the southwest North 8 corner of the herein described tract; th Street Right-of-Way, THENCE in a northerly direction along the west line of the North 8 a distance of 735’ to a point on the west line of the North 8 th Street Right-of-Way marking the northwest corner of the herein described tract; th THENCE in an easterly direction, acrosssaid North 8Street Right-of-Way to a point on th the east line of the North 8Street Right-of-Way marking the northeast corner of the herein described tract; th THENCE in a southerly direction along the east line of the North 8Street Right-of-Way a distance of 735’ to the POINT OF BEGINNING of the herein described tract. Section 2. The City of La Porte hereby retains for itself and its successors and assigns, a Public Utility Easement for existing water, sanitary sewer and storm sewer facilities located th within the aforementioned North 8 Street Right-of-Way. 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 effective from and after its passage and approval, and it is so ordered. PROPOSEDCLOSING OFN.8THST.R-O-W R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 October 21, 2015 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Appraisal regarding the estimated of a portion Market Value of the North 8th Street road right of way between North J Street and North L Street, City of La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the following described Market Value property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full narrative analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as a portion of a portion of the North 8th Street road right of way between North J Street and North L Street, City of La Porte, Harris County, Texas. (See site plan in addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. .....Page 2 Continued...... The market values in the subject neighborhood appear to vary generally from +-$1.00 PSF to over $4.00 PSF for tracts generally similar to the adjacent tracts or those with proximity to the subject property either near or in close proximity to State Highway 146 and State Highway 225 as well a Barbour's Cut Blvd. Some of the primary roadways in the immediate neighborhood of the subject are State Highway 146, State Highway 225, Barbour's Cut Blvd, and Spencer Highway. The area generally has access to public utilities. The subject property consists of a portion of the existing North 8th Street right of way which is currently an unopened and non paved public right of way. We were not provided a site size. The subject site appears to be generally flat and level. The subject property is not located in the 100 year flood plain. The Highest and Best Use of the subject property is determined to be for use as street right of way or for use by adjacent property owners due to its unique configuration. Adjacent property uses included office/warehouse and open storage yards located to the west and north. There is an unimproved tract to land to the east. Much of the land use in the immediate area are oriented towards the Barbour's Cut port and terminal facility. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in street abandonment procedures. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is October 10, 2015. The date of the report is October 21, 2015. The estimated exposure time is up to 24 months. After a review of the comparable sales it is my opinion the estimated unit value range of between PSF would be placed on the $2.00 PSF to over $3.50 subject property with a mid-range value of being indicated for the $2.50 PSF subject property before any discounting. Therefore the unit market value of the subject tract is estimated at $2.75 PSF which is based on 100% fee simple ownership with no discounting applied. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES , INC. TIRZ NO. 1 - BOUNDARY MAP PORT MODAL CENTRE LP 28 27 26 ENTERPRISE INTRASTATE LP EXXON MOBIL CORPORATION PORT OF HOUSTON AUTHORITY 212223 JOSEPH P CUNNINGHAM FAMILY PARTNERSHIP CRENSHAW REAL PROPERTIES II LTD 1110 12 LA POLRAT PEO RRETAEL RPERAOLP PERR LA PORTE REAL PROPERTY LLC CRENSHAWREALPROPERTIES REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 General FundsGeneral Funds Source of Funds:Source of Funds: R.J. DavidsonR.J. Davidson Requested By:Requested By: 001.9092.524.6021001.9092.524.6021 Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: $60,000.00$60,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount N/AN/A Requested:Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Progress Photos Progress Photos SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Dangerous Building Inspection Board, as established by Sect. 82The Dangerous Building Inspection Board, as established by Sect. 82--472 of the City472 of the City’’s Code of s Code of Ordinances, is composed of the Deputy Building Official (R.J. Davidson), the Fire Chief (Mike Boaze) Ordinances, is composed of the Deputy Building Official (R.J. Davidson), the Fire Chief (Mike Boaze) and the Fire Marshal (Clif Meekins).and the Fire Marshal (Clif Meekins).   On August 24, 2015, Council granted two property owners 90 days to complete repairs on structures On August 24, 2015, Council granted two property owners 90 days to complete repairs on structures ndnd located at 203 Bay Oaks and 422 S. 2located at 203 Bay Oaks and 422 S. 2 Street. Street.    Both structures are under repair at this time.Both structures are under repair at this time.    Staff is Staff is requesting the deadline be extended an additional 90 days for the property owners to complete the requesting the deadline be extended an additional 90 days for the property owners to complete the repairs. Action Required of Council:Action Required of Council: ndnd Receive update on repair status of two structures located 203 Bay Oaks and 422 S. 2Receive update on repair status of two structures located 203 Bay Oaks and 422 S. 2 Street and Street and consider approval or other action to extend the deadline by an additional 90 days for the owners to consider approval or other action to extend the deadline by an additional 90 days for the owners to complete the repairs.complete the repairs. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: December 14, 2015 Source of Funds: Motorpool 009 Requested By: Don Pennell 009-5059-522-8050 Account Number: 009-7072-532-8050 Department: Public Works $ 94,789 Amount Budgeted $ 469,326 Report: Resolution: Ordinance $ 94,525 Amount Requested: $ 447,729 Exhibits: Summary of Vehicle Replacement Budgeted Item: yes Exhibits: HGAC and BuyBoard Quotes Exhibits SUMMARY & RECOMMENDATION Unit 59-34 (ambulance) is scheduled for chassis replacement with body module upgrades. A quote was received from Frazer Ambulance (HGAC contract AM10-14) for a Dodge-4500 diesel-powered chassis and module upgrades through the cooperative purchasing program. The quote totals $94,525.00 including the administrative fee from HGAC of $600.00. Amount budgeted for this unit is $94,789.00. Unit 72-42 (heavy duty truck with trash body and loader), is scheduled for replacement. A quote was received from Freightliner of Austin (BuyBoard contract 430-13) for a Freightliner truck with mounted trash body and loader through the cooperative purchasing program. The quote totals $158,569.00, including the administrative fee from BuyBoard of $400. Amount budgeted for this unit is $152,168.00. Units 72-43 and 72-44 (heavy duty trucks with rear load refuse bodies) are scheduled for replacement. A quote was received from Freightliner of Austin (BuyBoard contract 430-13) for two (2) Freightliner trucks with mounted refuse bodies through the cooperative purchasing program. The quote totals $289,560.00, including the administrative fee from BuyBoard of $400. The fee will be waived when combining the purchase with Unit 72-42 above. Amount budgeted for these units is $317,158.00. All units were included in the 2015-16 budget that was approved by the Council in September 2015. Action Required by Council: Consider approval or other action authorizing the following vehicle purchases: A Dodge-4500 diesel-powered chassis with ambulance module upgrades from Frazier ambulance for $94,525.00 through HGAC contract AM10-14. A Freightliner Truck with trash body and loader for $158,569.00 through BuyBoard contract 430-13, Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 050 (2010 050 (2010 Drainage Bond) Drainage Bond) Don PennellDon PennellSource of Funds:Source of Funds: Requested By:Requested By: 051 Bond051 Bond Public WorksPublic Works Department:Department: 050 ($250,000.00050 ($250,000.00 Report:Resolution:Resolution:Ordinance:Ordinance: 051 051 Account Number:Account Number: Other: ($1,750,000.00($1,750,000.00 050 ($250,000.00050 ($250,000.00 AttachmentsAttachments : : 051 051 Amount Budgeted:Amount Budgeted: 1. Bid Tabulation Bid Tabulation ($1,720,270.00)($1,720,270.00) 2. Engineer's Recommendation for Engineer's Recommendation for Amount Requested:Amount Requested: Consruction BidConsruction Bid Budgeted Item:Budgeted Item:YESYESNONO 3. Tolunay Tolunay--Wong Proposal for Materials Wong Proposal for Materials TestingTesting 4. Amendment to Services, Construction Amendment to Services, Construction InspectionInspection SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS City Council authorized a design services contract with Cobb Fendley in the amount of $145,000 on City Council authorized a design services contract with Cobb Fendley in the amount of $145,000 on February 10, 2014 for the design of the Catlett (Valleybrook to Farrington), Belfast (Valleybrook to February 10, 2014 for the design of the Catlett (Valleybrook to Farrington), Belfast (Valleybrook to Farrington), and Pineybrook (Antrim to Carlow) roadway improvements (the City used a RFQ process Farrington), and Pineybrook (Antrim to Carlow) roadway improvements (the City used a RFQ process to select Cobb Fendley).  Staff provided Council with a construction estimate equal to $2,300,000 with to select Cobb Fendley).  Staff provided Council with a construction estimate equal to $2,300,000 with the 2014 design services agenda request, Subsequently, staff reduced the budget request to the 2014 design services agenda request, Subsequently, staff reduced the budget request to $2,000,000 based on later, more detailed cost estimates.  Tonight$2,000,000 based on later, more detailed cost estimates.  Tonight’’s request is to authorize project s request is to authorize project construction with a total funding allocation equal to $1,970,270.   construction with a total funding allocation equal to $1,970,270.   construction with a total funding allocation equal to $1,970,270.   construction with a total funding allocation equal to $1,970,270.    Bid #16001 for the Catlett, Belfast, Pineybrook Street Improvements was opened and read on October Bid #16001 for the Catlett, Belfast, Pineybrook Street Improvements was opened and read on October 13, 2015.  The bid was advertised in the Bay Area Observer on Sept 24 & Oct 1, posted on Public 13, 2015.  The bid was advertised in the Bay Area Observer on Sept 24 & Oct 1, posted on Public Purchase and the CityPurchase and the City’’s website.   Twentys website.   Twenty--two vendors accessed the bid, and 2 bids were received. two vendors accessed the bid, and 2 bids were received. Angel Brothers Enterprises, LTD. submitted the lowest and best bid at $1,858,906.00.   Angel Brothers Enterprises, LTD. submitted the lowest and best bid at $1,858,906.00.    Extra Work Bid Item 33:  The City constructed new sidewalk 10Extra Work Bid Item 33:  The City constructed new sidewalk 10--years ago with a water main years ago with a water main replacement project on the north side of Catlett Lane and Belfast Road.  Staff plans to remove and replacement project on the north side of Catlett Lane and Belfast Road.  Staff plans to remove and replace only those portions of the newer sidewalk that has been damaged by tree roots or other or as replace only those portions of the newer sidewalk that has been damaged by tree roots or other or as needed to accommodate a change in grade of the new curb/driveway apron.  The anticipated final cost needed to accommodate a change in grade of the new curb/driveway apron.  The anticipated final cost of the additional sidewalk item (Bid Item 33) is estimated to be half of the $99,750.00 bid.   of the additional sidewalk item (Bid Item 33) is estimated to be half of the $99,750.00 bid.    Contingency:  Staff will typically request additional funding in the amount of 5% Contingency:  Staff will typically request additional funding in the amount of 5% -- 10% of the construction 10% of the construction cost.  Considering that the base bid included some contingency funding under the cost.  Considering that the base bid included some contingency funding under the ““extra work itemsextra work items”, staff is requesting a $60,334 contingency equal to 3.25%.   staff is requesting a $60,334 contingency equal to 3.25%.    Materials Testing:  TolunayMaterials Testing:  Tolunay--Wong Engineers, Inc. submitted a price proposal for subgrade and concrete Wong Engineers, Inc. submitted a price proposal for subgrade and concrete testing in the amount of $35,760.  As professional engineers, Tolunaytesting in the amount of $35,760.  As professional engineers, Tolunay--Wong Engineers, Inc. falls within Wong Engineers, Inc. falls within the purchasing category of Professional Services.  Procurement of this firm was conducted via the purchasing category of Professional Services.  Procurement of this firm was conducted via rdrd separate RFQ process as part of the 3separate RFQ process as part of the 3 Street project.  It should be noted that the pricing provided by Street project.  It should be noted that the pricing provided by rdrd TWE is lower than TerraconTWE is lower than Terracon’’s pricing, which was the firm used for the 3s pricing, which was the firm used for the 3 Street project.     Street project.     Project Inspection:  Cobb Fendley has proposed an amendment to the scope of services agreement to Project Inspection:  Cobb Fendley has proposed an amendment to the scope of services agreement to provide construction phase inspection services in the amount of $13,880. Staff recommends a 10% provide construction phase inspection services in the amount of $13,880. Staff recommends a 10% contingency for this service bringing the total for inspection services to $15,270.  contingency for this service bringing the total for inspection services to $15,270.   Final Project Cost:  $1,858,906 base bid + $60,334 contingency + $35,760 materials testing + $15,270 Final Project Cost:  $1,858,906 base bid + $60,334 contingency + $35,760 materials testing + $15,270 contract construction inspection = $1,970,270.   contract construction inspection = $1,970,270.    Current Budget:  $250,000 from Fund 50 (2010 Drainage Bond Issue) budgeted in FY 15,  $1,750,000 Current Budget:  $250,000 from Fund 50 (2010 Drainage Bond Issue) budgeted in FY 15,  $1,750,000 included with the FY 16 budget estimate for the $8,000,000 bond issue authorized by City Council in included with the FY 16 budget estimate for the $8,000,000 bond issue authorized by City Council in September 2015.  $2,000,000 total.   September 2015.  $2,000,000 total.    Requested Funding:   $250,000 from Fund 50 (2010 Drainage Bond Issue) budgeted in FY 15,  Requested Funding:   $250,000 from Fund 50 (2010 Drainage Bond Issue) budgeted in FY 15,  $1,720,270 included with the FY 16 budget estimate for the $8,000,000 bond issue authorized by city $1,720,270 included with the FY 16 budget estimate for the $8,000,000 bond issue authorized by city council in September 2015.  $1,970,270 total.   council in September 2015.  $1,970,270 total.    Benefits:   The project will address several of the lowest rated concrete street segments identified in the 2013 The project will address several of the lowest rated concrete street segments identified in the 2013 comprehensive street inspection report. comprehensive street inspection report.   Liabilities:   Deferring the project construction would add to future year maintenance responsibilities unless  Deferring the project construction would add to future year maintenance responsibilities unless substituted with a like project.  The streets included in this project were platted and constructed 60substituted with a like project.  The streets included in this project were platted and constructed 60- years ago.  Twoyears ago.  Two--thirds of the Citythirds of the City’’s concrete streets, with an estimated value of over $75s concrete streets, with an estimated value of over $75--million for million for roadway pavement alone, were constructed more than 40roadway pavement alone, were constructed more than 40--years ago. years ago.   Operating Costs:  Operating Costs:   Slight decrease in operating/maintenance costs.  Slight decrease in operating/maintenance costs.  Action Required of Council:Action Required of Council: Consider approval or other action to award Bid #16001 to Angel Brothers Enterprises, Ltd. for the Consider approval or other action to award Bid #16001 to Angel Brothers Enterprises, Ltd. for the improvement of Catlett, Belfast and Pineybrook and authorize the City Manager to enter into a improvement of Catlett, Belfast and Pineybrook and authorize the City Manager to enter into a construction contract in the amount of $1,858,906 with a total project funding allocation equal to construction contract in the amount of $1,858,906 with a total project funding allocation equal to $1,970,270 including a $60,344 construction contingency, materials testing expense of $35,760 and $1,970,270 including a $60,344 construction contingency, materials testing expense of $35,760 and contract construction inspection cost of up to $15,270. contract construction inspection cost of up to $15,270.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Client: City of La Porte Project Name: Catlett/Belfast/Piney Brook Street Improvements Bidder No. 1 Bidder No. 2 Bid Date: 10/27/15 ANGEL BROTHERS ENTERPRISES, MAR-CON SERVICES, LLC LTD. Item Item DescriptionUnitQuantityUnit PriceExtended PriceUnit PriceExtended Price No. BASE BID ITEMS GENERAL Mobilization (Max 5% of Total Base Bid Price) 1LS1 $ 94,300.00 94,300.00$ $ 92,000.00 92,000.00$ (01502) 2Traffic Control and Regulations (01555)LS1 $ 314,180.60 314,180.60$ $ 11,500.00 11,500.00$ Storm Water Pollution Prevention Control, 3LS1 $ 22,601.00 22,601.00$ $ 28,500.00 28,500.00$ Including TPDES Requirements (01410) (01570) 4Trench Safety (02260)LF696 $ 1.00 696.00$ $ 0.50 348.00$ 5Excavation (02315)CY700 $ 10.70 7,490.00$ $ 30.00 21,000.00$ 6Block Sodding (02922) SY7,700 $ 4.00 30,800.00$ $ 4.50 34,650.00$ Adjusting Water Valve Box to Finished Grade 7(Valve boxes that need to be replaced will be EA7 $ 100.10 700.70$ $ 100.00 700.00$ supplied by Public Works) (02086) Adjusting Manhole Rim to Finished Grade 8EA1 $ 425.50 425.50$ $ 425.00 425.00$ (02086) Reflective Pavement Marker Type I (W) 24-Inch 9(Solid), To be located at each stop sign within LF120 $ 8.20 984.00$ $ 10.00 1,200.00$ the project limits (02767) GENERAL ITEMS SUBTOTAL$ 190,323.00472,177.80$ PAVING 6-Inch Reinforced Concrete Pavement, 10SY14,400 $ 44.20 636,480.00$ $ 51.00 734,400.00$ Complete-in-Place (02751) 118-Inch Lime Stabilized Subgrade (02320)SY15,400 $ 3.30 50,820.00$ $ 4.25 65,450.00$ 12Lime (8% Lime by Dry Weight of Soil) (02320)TON370 $ 169.10 62,567.00$ $ 185.00 68,450.00$ 134-Inch Concrete Sidewalk (02775)SY1,750 $ 45.00 78,750.00$ $ 57.00 99,750.00$ 146-Inch Concrete Driveways (02754)SY2,450 $ 57.90 141,855.00$ $ 59.00 144,550.00$ 15Type 7 Concrete Curb Ramps, (02775)EA20 $ 977.00 19,540.00$ $ 1,500.00 30,000.00$ 166-Inch Concrete Curb (02771)LF9,000 $ 3.50 31,500.00$ $ 3.25 29,250.00$ PAVING ITEMS SUBTOTAL $ 1,171,850.001,021,512.00$ DEMOLITION Remove and Dispose of Reinforced Concrete 17Pavement (All Thicknesses); Including Concrete SY14400 $ 4.60 66,240.00$ $ 4.00 57,600.00$ Curbs (02221) Remove and Dispose of Concrete Driveways 18SY4200 $ 5.40 22,680.00$ $ 6.00 25,200.00$ and Sidewalks (All Thicknesses) (02221) Remove and Dispose of Concrete Curb Ramps 19EA18 $ 54.70 984.60$ $ 60.00 1,080.00$ (All Types) (02221) Remove and Dispose of Storm Sewer (RCP) (18 - 20LF354 $ 13.50 4,779.00$ $ 14.00 4,956.00$ Inch and 24-Inch) (02221) Remove and Dispose of Storm Sewer (CMP) (24 - 21LF55 $ 18.50 1,017.50$ $ 14.00 770.00$ Inch) (02221) Remove and Dispose of Storm Sewer (CMP) (60- 22LF48 $ 21.20 1,017.60$ $ 40.00 1,920.00$ Inch) (02221) Remove and Dispose of Inlets (All Types) 23EA14 $ 300.20 4,202.80$ $ 425.00 5,950.00$ (02221) DEMOLITION ITEMS SUBTOTAL $ 97,476.00100,921.50$ STORM SEWER Catlett Outfall Installation including 60-Inch HDPE Pipe, Excavation, Backfill, Rip-Rap, 24Timber Bend Structure, Site Restoration, LS1 $ 26,465.30 26,465.30$ $ 51,000.00 51,000.00$ Hydromulch Seeding and Tree Pruning and/or Tree Removal, Complete-In-Place Belfast Outfall Installation including 24-Inch HDPE Pipe, Excavation, Backfill, Rip-Rap, Site 25LS1 $ 16,380.40 16,380.40$ $ 43,000.00 43,000.00$ Restoration, Hydromulch Seeding, Tree Pruning and Tree Removal, Complete-In-Place Concrete Manhole, Type “C” (All Depths) 26EA2 $ 6,388.70 12,777.40$ $ 7,400.00 14,800.00$ (02082) 27Type “C-1” Inlet (All Depths) (02632) (02633)EA20 $ 3,100.30 62,006.00$ $ 3,450.00 69,000.00$ Reinforced Concrete Pipe, C-76, Class III (18- 28LF178 $ 93.00 16,554.00$ $ 89.00 15,842.00$ Inch) (Open-Cut) (02631) Reinforced Concrete Pipe, C-76, Class III (24- 29LF395 $ 106.80 42,186.00$ $ 103.00 40,685.00$ Inch) (Open-Cut) (02631) Cured-In-Place Pipe Rehabilitation, (24-Inch) 30LF147 $ 134.80 19,815.60$ $ 290.00 42,630.00$ Insituform or approved equal STORM SEWER ITEMS SUBTOTAL $ 276,957.00196,184.70$ BASE BID SUBTOTAL$ 1,736,606.001,790,796.00$ EXTRA WORK ITEMS Cement Stabilized Sand for Subgrade, 31Complete-in-Place (Engineer's Approval CY20 $ 61.10 1,222.00$ $ 65.00 1,300.00$ Required) 6-Inch Reinforced Concrete Pavement, High- Early-Strength, Complete-in-Place (02751) SY200 32 $ 47.10 9,420.00$ $ 75.00 15,000.00$ (To be used in lieu of Base Bid Item 10 – Concrete) 4" Concrete Sidewalk (Additional Sidewalk 33to be replaced as determined by field SY1750 $ 45.00 78,750.00$ $ 57.00 99,750.00$ Engineer) Remove and Dispose of Concrete 34Sidewalks (Additional Sidewalk to be SY1750 $ 3.00 5,250.00$ $ 3.00 5,250.00$ removed as determined by field Engineer) Tree Planting, Live Oak, 3-inch Diameter, 35EA1 $ 575.00 575.00$ $ 1,000.00 1,000.00$ 65 gallon (02915) EXTRA ITEMS SUBTOTAL$ 122,300.0095,217.00$ TOTAL BID PRICE $ 1,858,906.001,886,013.00$ Bidder's Total Base Bid$ 1,866,106.00 D:\\cfa\\2014\\12007.Fairmont_Park_Paving\\ENG\\BID PHASE\\Bid Tab FormatPage 1 2301 Underwood Drive La Porte, Texas 77571 Phone: 281.471.2042 ΐΐȃΏΒȃΑΏΐΔ #¨³¸ ®¥ ,  0®±³¤ ΑΘΕΒ .®±³§ ΑΒ 3³±¤¤³ ±£ ,  0®±³¤Ǿ 4¤· ² ¯¤­­¤««£͔« ¯®±³¤³·ȁ¦®µȩ Ȩ6¨  ¤ȃ- ¨«Ȁ $®­ 0¤­­¤«« -±ȁ Attn: #®­²³±´¢³¨®­ - ³¤±¨ «² 4¤²³¨­¦ 3¤±µ¨¢¤² &®±Ȁ 2¤Ȁ # ³«¤³³ ȝ "¤«¥ ²³ ȝ 0¨­¤¸ "±®®ª 3³±¤¤³ )¬¯±®µ¤¬¤­³² 47% 0±®¯®² « .®ȁ 0ΐΔȃ,ΏΔΏ Mr.: Pennell Tolunay-Wong Engineers (TWE) appreciates the opportunity to submit our detailed proposal to provide construction materials testing and inspection services for the above referenced project. Upon your favorable review, we would appreciate the opportunity to meet with you to discuss the details of our proposal, as well as answer any questions you may have regarding its content. As always, our proposed scope of services and estimated quantities are negotiable as they are based upon information available to us at this time. We appreciate your consideration for this project. If we may be of immediate assistance, please do not hesitate to contact this office. Respectfully submitted, Tolunay-Wong Engineers, Inc. Michael Melendez Project Manager Houston Area Industrial mmelendez@tweinc.com DĻƚƷĻĭŷƓźĭğƌ 9ƓŭźƓĻĻƩźƓŭ 9ƓǝźƩƚƓƒĻƓƷğƌ {ĻƩǝźĭĻƭ /ƚƓƭƷƩǒĭƷźƚƓ ağƷĻƩźğƌƭ ĻƭƷźƓŭ 5ĻĻƦ CƚǒƓķğƷźƚƓƭ ĻƭƷźƓŭ P15-L050 INTRODUCTION TWE understands the importance of this project to your company and the special needs associated with construction of a project of this type. Of particular importance is for the overall project team to be comprised of experienced professionals working together toward a common objective. This objective is to obtain a quality project, meeting the intent of the project specifications, as well as completion on schedule and within budget. From our laboratory facility, we will provide experienced engineering technicians to perform the on-site testing and inspection services. Additionally, we meet the requirements of ASTM E- and Testing Agencies for Concrete, Steel and Bitu of the testing laboratory. WORK PLAN Senior Professional Engineers, experienced in their respective disciplines. Our assigned Project Manager will provide communication, service direction, and overall project coordination. It is presumed that the contractor and ready-mixed concrete producer will be encouraged to provide their own formalized quality control program separate and apart from our acceptance inspection/testing program stated herein. We anticipate providing the majority of the required testing services for this particular project on a Call-Out basis. The anticipated services required on this project are as follows: A.In-Place Soil Compaction (nuclear method) B.Cast In-Place Concrete Inspection/Testing All reports of materials tests and inspection services provided will be issued to appropriate members of the project team. In the event individual reports indicate potential problems or items of non-conformance to the project specifications, you will be contacted as soon as possible. DĻƚƷĻĭŷƓźĭğƌ 9ƓŭźƓĻĻƩźƓŭ 9ƓǝźƩƚƓƒĻƓƷğƌ {ĻƩǝźĭĻƭ /ƚƓƭƷƩǒĭƷźƚƓ ağƷĻƩźğƌƭ ĻƭƷźƓŭ 5ĻĻƦ CƚǒƓķğƷźƚƓƭ ĻƭƷźƓŭ P15-L050 COST ESTIMATE & GENERAL NOTES In this section of the proposal you will find our cost estimate. Additional services or tests requested and not specifically addressed in Section III of this proposal will be invoiced per the standard fees set forth in our 2015 Fee Schedule. Based on information provided to us at this time and an estimated construction schedule, we have established what we believe is the most realistic cost estimate for this project. Please remember that the units stated are only an estimate. Due to factors beyond our control such as weather, unforeseen conditions, subcontractor expertise, subcontractor scheduling, etc., the cost of our services may vary from the estimated amount. We estimate the cost of the construction materials testing for our proposed Scope of Services will be $35,760.00 as detailed in the following section, although all services will be invoiced on a time and materials basis. A minimum 4-hour labor equivalent charge is applicable for all field testing and inspection services. Overtime rates for field personnel are applicable for all hours worked in excess of 8 hours per day, weekends, and holidays and are assessed at 1.5 times the standard rates. All field hours will be charged portal to portal from our laboratory facility. All sample pick-ups will be charged travel time from portal to portal and will include associated vehicle charges. Engineering consultation and evaluation in connection with any laboratory testing service will be charged at a rate of approximately one hour for each 20 hours of field work performed. Our prices include copies of the reports distributed via e-mail in accordance with your instructions. Additional copies can be mailed at $0.50 per page. Direct expenses incurred in connection with the project will be invoiced at cost plus 15% for handling. Travel and lodging expenses for out of town assignments will be invoiced at cost plus 15% or $150.00 per day, whichever is greater. Our terms are net 30 days upon receipt of invoice. Invoices will be submitted on a monthly basis. COST SETIMATE SUMMARY SERVICE DESCRIPTION UNITS UNIT RATE COST Belfast Outfall Construction Materials Technician , Hr. ¹ 40 $40.00 $1,600.00 Nuclear Gauge, day 5 $50.00 $250.00 Vehicle charge, day 5 $50.00 $250.00 Proctors, Ea. 2 $155.00 $310.00 Fairmont Park Outfall Construction Materials Technician , Hr. ¹ 40 $40.00 $1,600.00 Nuclear Gauge, day 5 $50.00 $250.00 Vehicle charge, day 5 $50.00 $250.00 DĻƚƷĻĭŷƓźĭğƌ 9ƓŭźƓĻĻƩźƓŭ 9ƓǝźƩƚƓƒĻƓƷğƌ {ĻƩǝźĭĻƭ /ƚƓƭƷƩǒĭƷźƚƓ ağƷĻƩźğƌƭ ĻƭƷźƓŭ 5ĻĻƦ CƚǒƓķğƷźƚƓƭ ĻƭƷźƓŭ P15-L050 Catlett Street Construction Materials Technician , Hr. 2 160 $40.00 $6,400.00 Nuclear Gauge, day 20 $50.00 $1,000.00 Vehicle charge, day 20 $50.00 $1,000.00 Proctors, Ea. 1 $155.00 $155.00 Unconfined Compression Stabilized Soils 4 4 $45.00 $180.00 Comp. Strength of Concrete Test Cylinders, Ea. 5 80 $20.00 $1,600.00 Sample Pick Up, trip 2 $125.00 $250.00 Belfast Street Construction Materials Technician , Hr. 2 160 $40.00 $6,400.00 Nuclear Gauge, day 20 $50.00 $1,000.00 Vehicle charge, day 20 $50.00 $1,000.00 Proctors, Ea. 2 $155.00 $310.00 Unconfined Compression Stabilized Soils 4 4 $45.00 $180.00 Comp. Strength of Concrete Test Cylinders, Ea. 5 80 $20.00 $1,600.00 Sample Pick Up, trip 2 $125.00 $250.00 Piney Brook Street Construction Materials Technician , Hr. 3 80 $40.00 $3,200.00 Nuclear Gauge, day 10 $50.00 $500.00 Vehicle charge, day 10 $50.00 $500.00 Proctors, Ea. 1 $155.00 $155.00 Unconfined Compression Stabilized Soils 4 4 $45.00 $180.00 Comp. Strength of Concrete Test Cylinders, Ea. 6 32 $20.00 $640.00 Sample Pick Up, trip 2 $125.00 $250.00 Lime Determination, Ea. 7 3 $200.00 $600.00 Cores, Ea. Min 3 3 $90.00 $270.00 Core Measurement, Ea. 3 $10.00 $30.00 Project Manager, Hr. 8 24 $100.00 $2,400.00 Admin, Hr. 8 24 $50.00 $1,200.00 TOTAL ESTIMATE $35,760.00 DĻƚƷĻĭŷƓźĭğƌ 9ƓŭźƓĻĻƩźƓŭ 9ƓǝźƩƚƓƒĻƓƷğƌ {ĻƩǝźĭĻƭ /ƚƓƭƷƩǒĭƷźƚƓ ağƷĻƩźğƌƭ ĻƭƷźƓŭ 5ĻĻƦ CƚǒƓķğƷźƚƓƭ ĻƭƷźƓŭ P15-L050 ASSUMPTIONS The cost estimate is based on the following unit rates, our experience on similar projects and the following assumptions: 1.5 days of CMT testing at 8.0 hours 2.20 days of CMT testing at 8.0 hours 3.10 days of CMT testing at 8.0 hours 4.Cement-Sand molded for strength test / 1 set of 4 5.10 days pouring / 2 sets of 4, each day (80 total) 6.4 days pouring / 2 sets of 4, each day (32 total) 7.Lime determination per street 8.1 hr. for every 20 hrs. worked CLOSING Tolunay-Wong Engineers has established a reputation for excellence in the materials engineering field through a business philosophy based on quality professional services responsive to the needs of our clients. We thank you for the opportunity to serve you with this philosophy. Accepted by: Name: Date: PO/Authorization: DĻƚƷĻĭŷƓźĭğƌ 9ƓŭźƓĻĻƩźƓŭ 9ƓǝźƩƚƓƒĻƓƷğƌ {ĻƩǝźĭĻƭ /ƚƓƭƷƩǒĭƷźƚƓ ağƷĻƩźğƌƭ ĻƭƷźƓŭ 5ĻĻƦ CƚǒƓķğƷźƚƓƭ ĻƭƷźƓŭ PSI Project Surveillance, Inc. Est. 1990 _________________________________________________________________________________________________________ Civil Construction Field Observation Services November 19, 2015 Mr. Brad Matlock, P.E. Cobb-Fendley & Associates 1506 E. Broadway, Suite 201 Pearland, TX 77581 wĻʹ /źƷǤ ƚŅ \[ğ tƚƩƷĻ /ğƷƌĻƷƷ Ή .ĻƌŅğƭƷ Ή tźƓĻǤ .ƩƚƚƉ {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ tƩƚƆĻĭƷ Field Observer Mr. Matlock, We are pleased to provide your firm with a tƩƚƦƚƭğƌ for the above referenced project. Our firm will provide field observations to include the following: DĻƓĻƩğƌʹ 1.PSI will provide a qualified field rep. to perform field observations and documentation as specified in the plans and specifications provided. 2. Liability, and E&O to the standards required. 3.PSI will provide necessary reports, documents, photographs, meeting minutes etc. thru our web- site. www.projectsurveillance.com /ƚƭƷƭʹ Field Observation Representative 15 days X 4 hrs/day for rebar inspection = 60 hours 15 days X 8 hrs/day for concrete pours = 120 hours ƚƷğƌ ŷƚǒƩƭ ЊБЉ ЊЉͲБЉЉ͵ Costs include labor, vehicle, phone, and all equipment ĻƩƒƭʹ An invoice will be submitted at the end of each month and is ƦğǤğĬƌĻ ƓĻƷ ƷŷźƩƷǤ ķğǤƭ͵ Proposed by: Accepted by: ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Brian Cunningham Brad Matlock, P.E. Director of Field Operations Cobb-Fendley & Associates 9822 Whithorn Dr. Suite A Houston, Texas 77095 PH: 281-856-0700 Fax: 281-856-8777 e-mail: office@projectsurveillance.com www.ProjectSurveillance.com REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 Motor PoolMotor Pool Source of Funds:Source of Funds: Don PennellDon Pennell Requested By:Requested By: 009009--70717071--531531-- Account Number:Account Number: 80508050 Public WorksPublic Works Department:Department: $179,226,00$179,226,00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $134,605.51$134,605.51 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Summary of Vehicle Replacement Summary of Vehicle Replacement 2. BuyBoard & HGAC Quotes BuyBoard & HGAC Quotes SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The FY 2016 budget includes funding for the replacement of two (2) Tractors 71The FY 2016 budget includes funding for the replacement of two (2) Tractors 71--23 (57 HP) and 7123 (57 HP) and 71-36 (89 HP). The latter has a cab and slope mower attachment.   (89 HP). The latter has a cab and slope mower attachment.    Competitive quotes were received though the HGAC competitive purchase program for two tractorsCompetitive quotes were received though the HGAC competitive purchase program for two tractors- the 57 HP tractor for $23,171.91 and the 89 HP tractor with cab for 58,639.16. Competitive quotes were 57 HP tractor for $23,171.91 and the 89 HP tractor with cab for 58,639.16. Competitive quotes were received through TASB BuyBoard competitive purchase program for purchase of a slope mower received through TASB BuyBoard competitive purchase program for purchase of a slope mower mounted to the 89 HP tractor. The price for the slope mower attachment with mounting included is mounted to the 89 HP tractor. The price for the slope mower attachment with mounting included is $52,793.00                                                                                                                          All units were included in the 2015 All units were included in the 2015 All units were included in the 2015 All units were included in the 2015----16 budget that was approved by the Council in September 2015.16 budget that was approved by the Council in September 2015.16 budget that was approved by the Council in September 2015.16 budget that was approved by the Council in September 2015. Action Required of Council:Action Required of Council: Consider approval or other action to award purchase of one Consider approval or other action to award purchase of one -- 57 HP tractor ($23,171.16), one 57 HP tractor ($23,171.16), one ––85 HP 85 HP tractor with cab ($58,639.16), and one slope mower mounted ($52,793.00) to Brookside Equipment.     tractor with cab ($58,639.16), and one slope mower mounted ($52,793.00) to Brookside Equipment.      Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 CIP Fund (003)CIP Fund (003) Source of Funds:Source of Funds: Don PennellDon Pennell Requested By:Requested By: 0039890678110000398906781100 Account Number:Account Number: Public WorksPublic Works Department:Department: $60,000.00$60,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $51,554.00$51,554.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Bid Tabulation Bid Tabulation 2. Public Purchase Access Report Public Purchase Access Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Four lift pumps at the wastewater treatment plant were identified for replacement starting in fiscal year Four lift pumps at the wastewater treatment plant were identified for replacement starting in fiscal year 2014. Two remain to be replaced. Lift pump replacement is included in the approved FY 152014. Two remain to be replaced. Lift pump replacement is included in the approved FY 15--16 budget.  16 budget.   Sealed Bid #16003Sealed Bid #16003--Submersible Lift Pump(s) Replacement was opened and publicly read on November Submersible Lift Pump(s) Replacement was opened and publicly read on November 3, 2015. Forty3, 2015. Forty--six (46) vendors were notified. Twentysix (46) vendors were notified. Twenty--six (26) vendors downloaded the bid documents six (26) vendors downloaded the bid documents and three (3) responded.  and three (3) responded.   Low bid meeting specifications or best value is Pump & Power at $51,554.00 for the remaining two Low bid meeting specifications or best value is Pump & Power at $51,554.00 for the remaining two pumps to be replaced with installation included.   pumps to be replaced with installation included.    Staff recommends that Council award Bid #16003Staff recommends that Council award Bid #16003--Submersible Lift Pump(s) Replacement to Pump & Submersible Lift Pump(s) Replacement to Pump & Power for $51,554.00.   Power for $51,554.00.    Action Required of Council:Action Required of Council: Consider approval or other action awarding Bid #16003Consider approval or other action awarding Bid #16003--Submersible Lift Pump(s) Replacement to Submersible Lift Pump(s) Replacement to Pump & Power for $51,554.00.Pump & Power for $51,554.00.         Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate υЎБͲЉЋЊ͵ЍЉ υЊͲБЍЉ͵ЉЉυЎЏͲЊБЊ͵ЍЉ$58,021.40 Hahn Equipment Co., Total Price υВЋЉ͵ЉЉυЋБͲЉВЉ͵АЉ υЋВͲЉЊЉ͵АЉ ВБ ĭğƌĻƓķğƩ Unit Price ķğǤƭ bƚ υЌͲЎАЉ͵ЉЉυЎЍͲЎЊЏ͵ЉЉ υЎБͲЉБЏ͵ЉЉ$58,086.00 Total Price Automatic Pump & Bid Tabulation to Sealed Bid #16003 - Submersible Lift Pump(s) Replacement υЊͲАБЎ͵ЉЉυЋАͲЋЎБ͵ЉЉ υЋВͲЉЍЌ͵ЉЉ Unit Price Б ǞĻĻƉƭ bƚ υЍͲБЉЉ͵ЉЉυЍЏͲАЎЍ͵ЉЉ $51,554.00 υЎЊͲЎЎЍ͵ЉЉ Total Price Pump & Power υЋͲЍЉЉ͵ЉЉυЋЌͲЌАА͵ЉЉ υЋЎͲААА͵ЉЉ ЊЊΏЊЌ ǞĻĻƉƭ Unit Price bƚ UOM ĻğĻğĻğ No. of Units ЋЋЋ tǒƒƦ ğƓķ ƚƷŷĻƩ ƩĻƨǒźƩĻķ ƒğƷĻƩźğƌƭ Ʒƚ ĭƚƒƦƌĻƷĻ ǒƩƓƉĻǤ źƓƭƷğƌƌğƷźƚƓ ƚŅ ƦǒƒƦ ğƭ ƦĻƩ ƭƦĻĭźŅźĭğƷźƚƓ LŅ ƓƚƷ źƓ ƭƷƚĭƉͲ ƭƷğƷĻ ķĻƌźǝĻƩǤ źƓ ĭğƌĻƓķğƩ ķğǤƭ 5ƚ Ǥƚǒ ĭğƩƩǤ ƷŷĻ ƦǒƒƦ ƭƦĻĭźŅźĻķ źƓ ƭƷƚĭƉ \[ğĬƚƩ ğƓķ ağƷĻƩźğƌƭ ĬƩĻğƉΏƚǒƷʹ TURNKEY PRICE Description \[ğĬƚƩ źƓƭƷğƌƌ Item No. ЊЋЌЍ REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: December 14, 2014 Source of Funds: Capital Projects Requested By: Donald Ladd Account Number: 03450515228021 Department: Fire Amount Budgeted: $ 150,000.00 Report: X Resolution: Ordinance: Amount Requested: $ 136,825.00 Exhibits: Quote from Hydro-Shield Budgeted Item: YES Exhibits: Sole Source Letter Exhibits SUMMARY & RECOMMENDATION The La Porte Fire Department is replacing the Hydro Lock connections on all fire hydrants. The Hydra Lock system was installed over 25 years ago as a way to quickly hook up fire engines to water hydrants in order to speed up response times for fire apparatus. Over the past 3 years the Hydra Lock systems have been increasingly difficult to maintain due to low amount of parts for maintenance. The Fire Department is recommending the Hydra-Storz, a hydrant steamer connection, to replace the out dated Hydra Lock system. The Hydra-Storz is the only Storz product to include a stainless steel, self-closing design which deters water theft and provides a faster connection at a fire scene. The new system will not only allow La Porte Fire Department to connect quickly to the hydrants but also the surrounding fire departments that the City relies on for mutual aid. Due to the patent on the Hydra-Storz as manufactured by Hydra-Shield Mfg. Inc., this purchase is considered a sole source. A sole source letter is attached from Hydra-Shield Manufacturing. The Fire Department will work with Public Works to install the Hydra-Storz on all fire hydrants inside the city. With this purchase, the City will be able to upgrade 100% of the fire hydrant locks. Action Required by Council: Consider approval or other action for the purchase of the Hydra-Storz adapter for a total of $136,825.00 from Hydra-Shield Mfg Inc & Fyrelane. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 Vehicle Vehicle Source of Funds:Source of Funds: ReplacementReplacement Donald LaddDonald Ladd Requested By:Requested By: 0095051522802000950515228020 FireFireAccount Number:Account Number: Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $451,201.66$451,201.66 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Memorandum of Agreement Memorandum of Agreement 2. Letter from Sutphen Letter from Sutphen SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS As approved in the April 9, 2012 City Council meeting, the Fire Department negotiated pricing for As approved in the April 9, 2012 City Council meeting, the Fire Department negotiated pricing for upcoming fire department truck purchases. These fire trucks, with the exception of one, are to be upcoming fire department truck purchases. These fire trucks, with the exception of one, are to be replaced in the upcoming years due to vehicle replacement per the Cityreplaced in the upcoming years due to vehicle replacement per the City’’s 20 year replacement policy. s 20 year replacement policy. Each truck purchase must be approved by Council at time of order.   Each truck purchase must be approved by Council at time of order.     Price:             Truck 1           October 2012                                                              $414,323.00            Truck 1           October 2012                                                              $414,323.00             Truck 2           October 2013                                                              $418,462.86 (1%)            Truck 2           October 2013                                                               $418,462.86 (1%)            Truck 2           October 2013                                                              $418,462.86 (1%)            Truck 2           October 2013                                                              $418,462.86 (1%)             Truck 3           October 2014                                                              $424,730.20 (1.5%)            Truck 3           October 2014                                                               $424,730.20 (1.5%)             Truck 4           October 2015                                                              $431,091.55 (1.5%)            Truck 4           October 2015                                                               $431,091.55 (1.5%)             Truck 5           October 2017                                                              $444,101.84 (1.5%)             Truck 5           October 2017                                                               $444,101.84 (1.5%)  The existing agreement with the pricing outlined above has already saved the City approximately 3The existing agreement with the pricing outlined above has already saved the City approximately 3-4% on the purchase of Truck 5, as current pricing for this same vehicle is running approximately 5%on the purchase of Truck 5, as current pricing for this same vehicle is running approximately 5%--5.5% 5.5% higher than last yearhigher than last year’’s truck.  The City, through this agreement, saw a 1.5% increase in cost over last s truck.  The City, through this agreement, saw a 1.5% increase in cost over last year.    The Fire Department is now ready to place an order for the fifth truck in the agreement, which would be The Fire Department is now ready to place an order for the fifth truck in the agreement, which would be delivered in budget year 2016delivered in budget year 2016--2017.  Although the original agreement was to have the truck delivered in 2017.  Although the original agreement was to have the truck delivered in 2017, the Fire Department would like to order now to be delivered after October 2016 because of 2017, the Fire Department would like to order now to be delivered after October 2016 because of existing truck conditions. Arrangements have already been made with Sutphen to purchase the truck in existing truck conditions. Arrangements have already been made with Sutphen to purchase the truck in 2016 at no extra cost to the City. The Fire Department is requesting a maximum of $6,500.00 (1.5% of 2016 at no extra cost to the City. The Fire Department is requesting a maximum of $6,500.00 (1.5% of the total cost) in additional contingency in order to make adjustments to lighting, communication and the total cost) in additional contingency in order to make adjustments to lighting, communication and safety equipment due to NFPA and State recommendations.safety equipment due to NFPA and State recommendations. Action Required of Council:Action Required of Council: Consider approval or other action to authorize placing an order for the fifth fire truck ($444,701.66) in the Consider approval or other action to authorize placing an order for the fifth fire truck ($444,701.66) in the 5-truck series agreement, with an additional 1.5% ($6,500.00) for the additional safety equipment for a truck series agreement, with an additional 1.5% ($6,500.00) for the additional safety equipment for a total price purchase is $451,201.66.total price purchase is $451,201.66. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Assistant Fire Chief Donald Ladd rd 125 South 3 Street La Porte, Texas 77571 October 27, 2015 Dear Chief Ladd, As promised, I have compiled all of the necessary material that pertains to the LPFD option to purchase Engine #5 per as signed by Mr. Steve Gillett and Mr. Drew Sutphen. I trust the attachment will be self-explanatory as the change orders duplicate what we have executed on the previous pumpers. The exception is the latest change to the overhead console layout which you and Chief Boaze have elected to include. The following is a breakdown of what would appear to be the final contract price; of course awaiting your review and approval. 1)Agreed to price for 2016-2017 Sutphen Shield S-2 Custom Pumper: $443,461.84 2)Change order dated 5-22-15 for overhead console layout: $599.82 3)Change order dated 4-23-13 for a total of: No Charge 4)Letter dated 2-23-12 reference Akron Junction Box: $640 5)Contingency money added for miscellaneous items such as PPV Fan etc. : $6,500 The above totals $451,201.66. Please review and let me know if you have any questions. Upon your approval, we can d in the aforementioned attachment. Subject to any changes, I suggest this letter be made a part of the final paperwork. Thanking you and Chief Boaze for all of the courtesies extended to myself and the Sutphen family over the many years of our association. Best regards, J. Dean Shumaker REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 ESD Fund (034)ESD Fund (034) Source of Funds:Source of Funds: Donald LaddDonald Ladd Requested By:Requested By: 0345051522802103450515228021 Account Number:Account Number: FireFire Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $275,000.00$275,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Minutes Minutes 2. Budget Budget SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS  On November 16, 2015, the La Porte Fire Control Board was asked to consider approval for additional On November 16, 2015, the La Porte Fire Control Board was asked to consider approval for additional funding in amount of $275,000.00 for a Command Vehicle. The additional funds are a combination of funding in amount of $275,000.00 for a Command Vehicle. The additional funds are a combination of $200,000.00 from last year$200,000.00 from last year’’s budget that was set aside for a future purchase and $75,000.00 that was s budget that was set aside for a future purchase and $75,000.00 that was needed to add for the total of $275,000.00. This expenditure is covered by the Fire Control District and needed to add for the total of $275,000.00. This expenditure is covered by the Fire Control District and the board unanimously approved the adjustment for the expenditure.  the board unanimously approved the adjustment for the expenditure.   Staff is now requesting CouncilStaff is now requesting Council’’s approval of the budget adjustment as passed by the La Porte Fire s approval of the budget adjustment as passed by the La Porte Fire Control Board.Control Board. Action Required of Council:Action Required of Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget adjustment, as approved by the Board of Directors of the District at its meeting Services District budget adjustment, as approved by the Board of Directors of the District at its meeting of November 16, 2015.of November 16, 2015. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate La Porte Fire Control, Prevention, and Emergency Medical Services District Minutes from November 16, 2015 Meeting held at Fire Admin 125 South 3rdSt., La Porte, Texas. Meeting called to order @ 6:09pm by Robert Eldridge Members present Robert Eldridge, Dottie Kaminski, Ron Nowetner, Danny Campise Also present- Donald Ladd, Kaitlyn Hartis Minutes from August 27, 2015 were read with a motion to approve minutes by Ron Nowetner, second by Danny Campise. Minutes accepted. Considered approval for appropriation of additional $275,000 in funds for a total of $475,000 in funds for the purchase of command vehicle. This will be directed to account number 034-5051-522-8021. Questions from board were addressed by Ladd. Funding and the command vehicle purchase were approved. Second agenda item in regards to election was discussed by Donald Ladd. Suggestion was to go out for a ten year extension of the board. Discussion will continue in January meeting of the board. A motion to adjourn the meeting was made by Danny Campise and seconded by Dottie Kaminski. The motion carried, meeting adjourned @ 6:40pm. Approved: Signed: _____________________________ Signed: _____________________________ Title: _______________________________ Title: _______________________________ Date: _______________________________ Date: _______________________________ REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 FCD 034FCD 034 Source of Funds:Source of Funds: Donald LaddDonald Ladd Requested By:Requested By: 0345051522802103450515228021 Account Number:Account Number: FireFire Department:Department: $475,000.00$475,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $475,000.00$475,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Price Quote Price Quote 2. Renewal of Agreement with NJPA Renewal of Agreement with NJPA SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The La Porte Fire Department worked with Hackney to purchase a new Command Vehicle for the City The La Porte Fire Department worked with Hackney to purchase a new Command Vehicle for the City of La Porte. Fire Department personnel requested drawings and national cooperative contract pricing for of La Porte. Fire Department personnel requested drawings and national cooperative contract pricing for a 30-35 foot single rear axle command vehicle to replace the old command bus that was donated to the 35 foot single rear axle command vehicle to replace the old command bus that was donated to the City many years ago and is in need of replacement. The Fire Control Board set aside $200,000.00 a City many years ago and is in need of replacement. The Fire Control Board set aside $200,000.00 a year for the past 2 budget years and set aside an additional $75,000.00 for a total of $475,000.00 to year for the past 2 budget years and set aside an additional $75,000.00 for a total of $475,000.00 to purchase the vehicle. Contract pricing came up to $455,264.68 and the Board added the additional purchase the vehicle. Contract pricing came up to $455,264.68 and the Board added the additional money for equipment that may be needed to complete the vehicle.  money for equipment that may be needed to complete the vehicle.   Fire Department is asking for the Council to approve the purchase of the VT Hackney Command Fire Department is asking for the Council to approve the purchase of the VT Hackney Command Vehicle as per the NJPA contract 090512.Vehicle as per the NJPA contract 090512.Vehicle as per the NJPA contract 090512.Vehicle as per the NJPA contract 090512. Action Required of Council:Action Required of Council: Consider approval or other action to award the bid of $455,264.68 to VT Hackney for the Command Consider approval or other action to award the bid of $455,264.68 to VT Hackney for the Command Vehicle and approve the additional $19,735.32 for additional equipment as need to complete the vehicle Vehicle and approve the additional $19,735.32 for additional equipment as need to complete the vehicle for operation.for operation. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Select Quantity For Automatic Calculation of Price NJPA-CM-2400-2015 PART NODESCRIPTIONQTYMSRP DISC PRICE CM-2400 25FT COMMAND BODY ON A KENWORTH CHASSIS 1$329,960.53$309,587.01 2015 CHASSIS RELATED OPTIONS PART NODESCRIPTIONQTYMSRPEXTENDED 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 1$25,196.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 1$5,768.20 0$0.00 1$182.07 0$0.00 0$0.00 0$0.00 1$2,875.90 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 1$108.54 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 0$0.00 PART NODESCRIPTIONEACHEXTENDED Total Option Price$34,130.71 UP-XX-DISCNJPA PUBLISHED OPTIONS DISCOUNT 5.00%$1,706.54 NJPA PUBLISHED OPTIONS TOTAL$32,424.17 NJPA BASE MODEL PRICE $309,587.01 NJPA SOURCED GOODS$113,253.50 Sub Total$455,264.68 TOTAL CONTRACT PRICE$455,264.68 Page 1 of 2 NJPA 2015 SCHEDULE PURCHASE Contract No. 090512 To: La Porte Fire Department Contact: Donald Ladd http://www.vthackney.com/ Page 2 of 2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Eric EnseyEric Ensey Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Resolution Resolution 2. Commission Letter Commission Letter 3. Official Zoning Map Official Zoning Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Section 106--301 through 106301 through 106--307 of the Code of Ordinances stipulates the provisions for the Official 307 of the Code of Ordinances stipulates the provisions for the Official Zoning Map for the City. It has been the CityZoning Map for the City. It has been the City’’s past practice to revise the map from time to time. The last s past practice to revise the map from time to time. The last record the City has where the map was revised was February 14, 2005. The revised Official Zoning Map record the City has where the map was revised was February 14, 2005. The revised Official Zoning Map being presented includes all zone changes approved by the City Council since the last revision. A chart being presented includes all zone changes approved by the City Council since the last revision. A chart has been included that reflects each zone change approved. This action in no way affects the validity of has been included that reflects each zone change approved. This action in no way affects the validity of past zone change approvals by the City Council. past zone change approvals by the City Council.  The Planning and Zoning Commission reviewed the proposed Official Zoning Map at the November 19, The Planning and Zoning Commission reviewed the proposed Official Zoning Map at the November 19, 2015, meeting and voted to recommend approval of the revised map as presented.2015, meeting and voted to recommend approval of the revised map as presented. Action Required of Council:Action Required of Council: Consider approval or other action of a recommendation by the Planning and Zoning Commission to Consider approval or other action of a recommendation by the Planning and Zoning Commission to approve a resolution adopting a revised Official Zoning Map for the City of La Porte.approve a resolution adopting a revised Official Zoning Map for the City of La Porte. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate BATTLEGROUND INDUSTRIAL DISTRICT STRANG RD STRANG RD E 13TH ST Miles PORTER RD 00.250.51 ZONING LEGEND E X ST ZONING DISTRICT LARGE LOT LOW-DENSITY RESIDENTIAL SAN JACINTO DR DEAF SMITH DR MEDIUM-DENSITY RESIDENTIAL BOIS DARC DR ALAMO DR HIGH-DENSITY RESIDENTIAL MANUFACTURED HOUSING N P ST N P ST BAY VISTA NEIGHBORHOOD COMMERCIAL MIXED USE LAINBROOK RD P SUNSET RIDGE FIELD CRESTFIELDCR EST DR GENERAL COMMERCIAL L ST N N L ST L ST THRUSH ST WREN ST BUSINESS INDUSTRIAL SPARROW ST VIOLA N J ST CARDINAL STNNIE LOVI LIGHT INDUSTRIAL BLUEBIRD LN ROBIN ST HEAVY INDUSTRIAL N H STFAIRLANE N H ST MAIN STREET DISTRICT LTVATOR BLVD GEORGE A BARBOURS CUT BLVD E RIDGECREST W BARBOURS CUT BLVD MAIN ST DISTRICT OVERLAY CAVALRY N E ST ARCHWAY DR FLINTLOCK PARKCREST DR PLANNED-UNIT DEVELOPMENT GLENVIEW DRN D STW MADISON ST E. MADISON CRESTWAY DR N C ST VALLEY VIEW DR DOW PLACE DR MEA W ADAMS ST GLENVALLEY DR KING WILLIAMS DR W POLK ST MEADOW CREST DR W POLK ST CREEKVIEW DR SPENCER HWYW MAIN ST SPENCER HWY ORCHARD RD OLD OLD ORCHARD RD MONTGOMER Y LN E A ST A NTRIM LNW A ST ANTRIM LN CATLETT LN BAKER W B ST CATLETT LNSPRUCE DR W C ST CARLOW LN W C ST BELFAST LNLINWOOD CT CHATTANOOGA GRAYWOOD CT D EFIANCE CARLOW LN DOGWOOD DR W D STW D ST IDLEWOOD DR PINEWO OD CT MULBERRY DR W E ST W E ST COLLINGSWOOD DR BIRCHW F ST W F ST BIRCH DR MESQUITE DR W G ST W G ST SHELL ROCK RD PECAN DR RD OCKY HOLLOW R H ST W CANIFF RD PECAN CIR W I ST PARKWAY DR TEJAS CT FAIRMONT PKWY W K ST W K ST NEW CENTURY DR W M ST LITTLE CEDAR BAYOU DR GARDEN WALK NEW DECADE DR BAYPORT INDUSTRIAL DISTRICT EXPORT DR EDGEWOO D Ordinance Rezoned from: To: Date of Action 1503-GGG GC R-1 2004 1501-NNN GC R-1 2004 D MS BLV N WEE HARTO 1501-TTT R-1 R-2 2004 W 1501-VVV R-1, R-2 R-3 2004 1501-ZZZ GC R-1 2004 REYNOLD S 1501-CCCC LI, HI, PUD 2004 2816-2005 Property De-annexed from City Limits -- 2005 OAKHURST AVE 1501-GGGG GC R-1 2005 1501-PPPP R-3 GC 2005 1501-IIII R-1 GC 2005 JUNIPE R SANDEL 1501-T-4 R-1, R-2 LL 2005 1501-U-4 R-2, BI PUD 2005 CORALCRESCENT VIEW DR 1501-X-4 R-2, NC GC 2006 MC CABE RD MC CABE RD 1501-Y-4 GC R-3 2006 BAYSHORE AVE 1501 L-5 R-2 GC 2006 PIN E BLUFF DR 1501 N-5 R-3, LL GC 2007 HACKBE RRY AVE 1501 S-5 PUD NC 2007 1501 T-5 R-1 GC 2007 BAYSIDE DR 1501-U-5 R-2 NC 2007 1501-O6 GC, LL PUD 2009 FALK AVE 3139 BI PUD 2009 DWIRE DR 3238 R-3 R-1 2010 3239 R-3 R-1 2010 BA Y OAKS DR 3240 BI, HI PUD 2010 WATUMBA 3325 LI, HI PUD 2011 AVE MEADOWLAWN AVEMEADOWLAWN 3352 LI I HI 2011 3454 BI LI 2012 UNKNOWN FOREST ST FOREST ST 3455 R-1 GC 2012 SEAGROVE AVE 3490 GC R-3 2013 3511 GC R-1 2013 SHOREACRES B LVD CHOATE RD 3577 GC R-1 2014 OAKDALE AVE 3549 GC LL 2014 SHADYLAWN AVE 3559 LL R-1 2014 3570 R-1 GC 2014 BAYWOO D AVEBAYWOOD AVE Y LN N. SHAD S. SHADY LN CITY OF LA PORTE, TEXAS This is to certify that this Original Zoning Map supersedes and replaces the Official Zoning Map adopted _____________________ as part of the OFFICIAL ZONING MAP Zoning Ordinance of the City of La Porte, Texas. DECEMBER 2015 Louis R. Rigby, MayorPatrice Fogarty, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Patrice FogartyPatrice Fogarty Requested By:Requested By: Account Number:Account Number: City Secretary's OfficeCity Secretary's Office Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Resolution Resolution 2. Report excerpt from Public Information Act Report excerpt from Public Information Act Handbook 2014Handbook 2014 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Public Information Act (PIA) authorizes a governmental body to establish a reasonable limit on the The Public Information Act (PIA) authorizes a governmental body to establish a reasonable limit on the amount of time personnel of the governmental body are required to spend producing public information amount of time personnel of the governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time.   without recovering its costs attributable to that personnel time.    Council is being asked to consider adopting a policy establishing this reasonable limit at 36 hours per Council is being asked to consider adopting a policy establishing this reasonable limit at 36 hours per requestor during the 12requestor during the 12--month period that corresponds with the City fiscal year for the amount of time month period that corresponds with the City fiscal year for the amount of time that personnel of the City are required to spend producing public information for inspection or duplication that personnel of the City are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time.    attributable to that personnel time.    attributable to that personnel time.    attributable to that personnel time.     Action Required of Council:Action Required of Council: Consider approval or other action of a resolution establishing a reasonable limit of 36 hours per Consider approval or other action of a resolution establishing a reasonable limit of 36 hours per requestor during the 12requestor during the 12--month period that corresponds with the City fiscal year for the amount of time month period that corresponds with the City fiscal year for the amount of time personnel of the governmental body are required to spend producing public information for inspection or personnel of the governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time. costs attributable to that personnel time.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Report excerpt from Public Information Act 2014 Handbook Subchapter F of the Public Information Act, sections 552.261 through 552.275, generally provides for allowable charges for copies of and access to public information. Section E. Cost Provisions Regarding Requests that Require a Large Amount of Personnel Time Section 552.275 authorizes a governmental body to establish a reasonable limit, not less than 36 hours in a 12 month period, on the amount of time that personnel are required to spend producing public information for inspection or copies to a requestor, without recovering the costs attributable to the personnel time related to that requestor.If a governmental body chooses to establish a time limit under this section, a requestor will be required to compensate the governmental body for the costs incurred in satisfying subsequent requests once the time limit has been reached. A limit under this section does not apply if the requestor is an elected official of the United States, the State of Texas, or a political subdivision of the State of Texas; or a representative of (a) a radio or television station that holds a license issued by the Federal Communications Commission; (b) a newspaper that is qualified under section 2051.044 of the Government Code to publish legal notices or is afree newspaper of general circulation that is published at least once a week and available and of interest to the general public in connection with the dissemination of news; (c) a newspaper of general circulation that is published on the Internet by a news medium engaged in the businessof disseminating news or information to the general public; (d) a magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating newsor information to the general public; or (e) a publicly funded legal services organization that is exempt from federal income taxation by being listed as a 501(c)(3) entity under section 501(a) of the Internal Revenue Code of 1986.Section 552.275 does not replace or supercede other sections, and it does not preclude a governmental body from charging labor for a request for inspection or copies for inspection for which a charge is authorized under other sections of this law. On establishing the time limit, a governmental body must make it clear to all requestors that the limit applies to all requestors equally, except as provided by the exemptions of subsections (j), (k), and (l). A governmental body that avails itself of section 552.275 must provide a requestor witha statement detailing the time spent in complying with the instant request and the cumulative amount of time the requestor has accrued towards the established limit. A governmental body may not charge for the time spent preparing the statement.If a requestor meets or exceeds the established limit, the governmental body may assess charges for labor, overhead, and material for all subsequent requests. The governmental body is required to provide a written estimate within ten business days of receipt of the request, even if the estimated total will not exceed $40.00. All charges assessed under section 552.275 must be in compliance with the rules promulgated by the attorney general. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Corby AlexanderCorby Alexander Requested By:Requested By: Account Number:Account Number: AdministrationAdministration Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Chapter 7.09 of Employee Handbook Chapter 7.09 of Employee Handbook Current/ProposedCurrent/Proposed 2. Chapter 7.08 Sick Leave Subsection Chapter 7.08 Sick Leave Subsection Physical Report StatusPhysical Report Status 3. FMLA Employee Rights Flyer FMLA Employee Rights Flyer SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Family Medical Leave Act policy was in need of updating to reflect the current and past changes in The Family Medical Leave Act policy was in need of updating to reflect the current and past changes in law. The additions (in yellow) and deletions (red strikeout) to the policy were reviewed by the City law. The additions (in yellow) and deletions (red strikeout) to the policy were reviewed by the City Attorney.  While much of the policy appears to be new, as indicated by the yellow, much of this Attorney.  While much of the policy appears to be new, as indicated by the yellow, much of this language is currently in the Citylanguage is currently in the City’’s handbook.  The new regulations have slightly res handbook.  The new regulations have slightly re--worded and reworded and re-- arranged whole sections and it was a much cleaner process to duplicate the new regulations, as written arranged whole sections and it was a much cleaner process to duplicate the new regulations, as written by the government. There were two additions to the policy that were law, but were not reflected in the by the government. There were two additions to the policy that were law, but were not reflected in the policy. Two additional types of leave added to policy werepolicy. Two additional types of leave added to policy were Qualifying exigency leave for families of members of the National Guard or Reserves or of a Qualifying exigency leave for families of members of the National Guard or Reserves or of a Qualifying exigency leave for families of members of the National Guard or Reserves or of a Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty, andduty or called to covered active duty, and Military caregiver leave to care for an injured or ill service member or veteran. Military caregiver leave to care for an injured or ill service member or veteran.  After review of the FMLA policy and the Physical Report Status policy it was found that the section After review of the FMLA policy and the Physical Report Status policy it was found that the section regarding physical report status needed to be updated to be in compliance with the law also. The regarding physical report status needed to be updated to be in compliance with the law also. The physical report status policy has the physical report status policy has the ““fitness for dutyfitness for duty””portion removed to be compliant with the law.portion removed to be compliant with the law. Staff proposes to Council that both changes to the FMLA policy and the Physical Report Status be Staff proposes to Council that both changes to the FMLA policy and the Physical Report Status be updated to reflect the law.updated to reflect the law. Action Required of Council:Action Required of Council: Consider approval or other action to change Handbook Chapter 7.09 Family Medical Leave Act and Consider approval or other action to change Handbook Chapter 7.09 Family Medical Leave Act and Chapter 7.08 Sick Leave Chapter 7.08 Sick Leave ““Physical Report StatusPhysical Report Status””to reflect the current laws.to reflect the current laws. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 7.09 Family Medical Leave Act Upon hire, the City of La Porte provides all new employees with notices required by the U.S. Department of Labor (DOL) on Employee Rights and Responsibilities Under the Family and Medical Act . General Provisions The City of La Porte will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. The City of La Porte offers FMLA leave pursuant to the provisions of the Family and Medical Leave Act of 1993. Under FMLA, eligible employees may take up to 12 weeks of unpaid leave each year for specified family and medical reasons. Employee Eligibility To qualify to take family or medical leave under this policy, the employee must meet the following conditions: The employee must have worked for the City of La Porte for 12 months or 52 weeks. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. As such, these hours of leave will not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. To be eligible for FMLA leave, an employee must have worked for the City of La Porte: For at least 12, and For at least 1,250 hours in the last 12-months preceding the start of the leave. FMLA Leave Runs Concurrently With Other Types of Leave If an employee has any available accrued sick leave or vacation leave, it must be used concurrently with any available FMLA leave, provided the employee's absence is covered by the Cit and/or vacation leave policy. FMLA leave will also run concurrently with any time off from work covered by workers' compensation. Leave Entitlement Type of Leave Covered Eligible employees may take FMLA leave for one or more of the following reasons: 1. The birth or placement of a child for adoption or foster care; 2. To care for a spouse, child, or parent with a serious health condition; or 3. Because of your own serious health condition which renders you unable to perform the functions of your position. To determine eligibility for leave, the City uses a rolling 12-month period measured backward from the date of any FMLA leave To qualify as FMLA leave under this policy, the employee must be taking leave for one of the six reasons listed below: 1) The birth of a child and in order to care for that child. 2) The placement of a child for adoption or foster care and to care for a newly placed child. 3) To care for a spouse, child or parent with a serious health condition 4) The serious health condition (described below) of the employee. 5) Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. 6) Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. Employees with questions about what illnesses are covered under this FMLA policy or under the City sick leave policy are encouraged to consult with the Human Resource manager. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the City may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications. An employee whose spouse, son, daughter or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 -up or service. The qualifying exigency must be one of the following: a) short-notice deployment, b) military events and activities, c) child care and school activities, d) financial and legal arrangements, e) counseling, f) rest and recuperation, g) post-deployment activities, and h) additional activities that arise out of active duty, provided that the City and employee agree, including agreement on timing and duration of the leave. Covered active duty means: In the case of a member of a regular component of the Armed Forces, duty during o the deployment of the member with the Armed Forces to a foreign country. In the case of a member of a reserve component of the Armed Forces, duty during o the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C. §101(a)(13)(B). The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the -week maximum of FMLA leave in a 12-month period. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12-month period to take care of leave to care for that service member. Next of kin is defined as the closest blood relative of the injured or recovering service member. The term covered service member means: A member of the Armed Forces (including a member of the National Guard or o Reserves) who is undergoing medical treatment, recuperation or therapy or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A veteran who is undergoing medical treatment, recuperation or therapy for a o serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. The term serious injury or illness means: In the case of a member of the Armed Forces (including a member of the National o Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of duty in the Armed Forces) and that may render the member medically unfit to In the case of a veteran who was a member of the Armed Forces (including a o member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the in the Armed Forces) and that manifested itself before or after the member became a veteran. Amount of Leave An eligible employee may take up to 12 weeks for the first five FMLA circumstances listed in the previous section -month period. The City will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the City will compute the amount of leave the employee has taken under this policy in the previous 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount of time the employee is entitled to take at that time. An eligible employee can take up to 26 weeks for the FMLA military caregiver leave circumstance during a single 12-month period. For this military caregiver leave, the City will measure the 12- month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If an employee and spouse both work for the City and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in- law") with a serious health condition, the employees may only take a combined total of 12 weeks of leave. If an employee and spouse both work for the City and each wishes to take leave to care for a covered injured or ill service member, the employees may only take a combined total of 26 weeks of leave. Employee Status and Benefits During Leave While an employee is on leave, the City will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. Use of Paid and Unpaid Leave All paid sick, personal, and vacation leave runs concurrently with FMLA leave. Disability leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced-hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification of Qualifying Exigency for Military Family Leave The City will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave The City will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Recertification The City may request recertification for the serious health condition of the employee or the hanged significantly, or if the City receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the City may request recertification for the serious health six months in connection with an FMLA absence. Procedure for Requesting FMLA Leave All employees requesting FMLA leave must provide the HR Benefits Specialist with verbal or written notice of the need for the leave. Within five business days after the employee has provided this notice, the HR Benefits Specialist will provide the employee with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the employee must provide the City with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply Designation of FMLA Leave Within five business days after the employee has submitted the appropriate certification form, the Human Resources Department will provide the employee with a written response to the Intent to Return to Work from FMLA Leave The City and intent to return to work. Employee's Notice Requirements In order for the City to accommodate an employee's workload during his/her absence, an employee seeking to take FMLA leave must provide both his/her Department Director and the Human Resources Manager with at least 30 days advance notice when the leave is foreseeable. If the leave is not foreseeable, an employee is expected to provide both his/her Department Director and the Human Resources Manager with as much advance notice as possible or in the case of catastrophic incidents notice is required soon thereafter. In the event of medical leave for planned medical treatment for the employee or for the employee's spouse, child or parent, the employee is required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the City's operations. All supervisors must immediately notify both their Department Director and the Human Resources Manager if they have reason to believe an employee's absence is due to an FMLA- covered reason. Medical Certification and Other Required Documentation - An employee must provide the City with a medical certification supporting the need for FMLA leave due to a serious health condition affecting the employee or the employee's spouse, child or parent. The certification must set forth the beginning and expected ending dates of the leave. In the case of intermittent leave, the certification must also provide the dates and duration of the treatments necessitating the intermittent leave. Forms are available from the Human Resources Department. Once FMLA leave is requested, the employee will be required to submit medical certification information later than 15 days after the date the leave is requested. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. If FMLA leave is taken because of the employee's own serious health condition, the employee must: Contact the City on the first and third Friday of each month regarding the status of the condition and their intent to return to work Upon completion of FMLA, the employee will be required to submit a "fitness-for-duty" certification before the employee can return to work. The City, at its expense, may require an examination by a second health care provider designated by the City, if it reasonably doubts the medical certification initially provided. If the second health care provider's opinion conflicts with the original medical certification, the City, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. If an employee elects to take FMLA leave in order to care for a family member, the employee may be required to provide reasonable documentation confirming a family relationship. Intermittent leave - An eligible employee may take FMLA leave on an intermittent or reduced schedule basis only if "medically necessary," or otherwise approved by the Department Director. When intermittent leave is needed, the employee must try to schedule the leave so as not to unduly disrupt the Department's operations. The City may temporarily transfer the employee to an alternative position (with equivalent pay and benefits) in order to better accommodate an employee's intermittent or reduced leave schedule. When an employee is absent due to intermittent leave, upon their return to work, the employee must provide medical certification so the absence can be recorded as a qualified FMLA absence. The employee will not be allowed to return to work without providing the medical certification. Benefits During FMLA Leave - During any period of FMLA leave, the City will continue to pay its portion, if any, of any group health insurance coverage for the employee on the same terms as if the employee had continued to work. Job Restoration After FMLA leave - Upon return from FMLA leave, an employee will be restored to his/ her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions. Physical Report Status - Sick leave exceeding 40 hours in any 6-month period may cause an employee to be placed on physical report status. Employees under this status are required to submit to their supervisor a medical doctor's statement of fitness for duty upon returning to work from an illness. Failure to submit such medical statement may result in disciplinary action. Physical report status will remain in effect for 6 months from the date of the action. EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement a regimen of continuing treatment, or incapacity due to pregnancy, or FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: Leave can be taken intermittently or on a reduced leave schedule when leave for planned medical treatment so as not to unduly disrupt the Military Family Leave Entitlements Eligible employees whose spouse, son, daughter or parent is on covered Employees may choose or employers may require use of accrued paid active duty or call to covered active duty status may use their 12-week exigencies may include attending certain military events, arranging for attending certain counseling sessions, and attending post-deployment Employees must provide 30 days advance notice of the need to take FMLA also includes a special leave entitlement that permits eligible possible, the employee must provide notice as soon as practicable and employees to take up to 26 weeks of leave to care for a covered service- (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, if the leave may qualify for FMLA protection and the anticipated timing recuperation or therapy, is otherwise in outpatient status, or is otherwise employee is unable to perform job functions, the family member is unable or (2) a veteran who was discharged or released under conditions other to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need veteran, and who is undergoing medical treatment, recuperation, or the requested leave is for a reason for which FMLA leave was previously Covered employers must inform employees requesting leave whether coverage under any “group health plan” on the same terms as if the Covered employers must inform employees if leave will be designated employees must be restored to their original or equivalent positions FMLA makes it unlawful for any employer to: Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, made unlawful by FMLA or for involvement in any proceeding under A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a FMLA does not affect any Federal or State law prohibiting discrimination, condition that either prevents the employee from performing the functions or supersede any State or local law or collective bargaining agreement Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and · Revised February 2013 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 14, December 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20152015 N/AN/A Source of Funds:Source of Funds: Rosalyn EptingRosalyn Epting Requested By:Requested By: Account Number:Account Number: Parks & RecreationParks & Recreation Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Staff assembled a committee of residents that utilize the Lomax Rodeo Arena to help update the current Staff assembled a committee of residents that utilize the Lomax Rodeo Arena to help update the current open riding rules.  The committee consisted of 7 individuals from each of the following disciplines: 3 open riding rules.  The committee consisted of 7 individuals from each of the following disciplines: 3 barrel racers, 2 ropers, 1 cutter, and 1 representative from the Rodeo Association.  The committee met barrel racers, 2 ropers, 1 cutter, and 1 representative from the Rodeo Association.  The committee met on two separate occasions to discuss the proposed rules.  After the first meeting, the rules were posted on two separate occasions to discuss the proposed rules.  After the first meeting, the rules were posted on Facebook for public comments.  The committee then reconvened to discuss any feedback that was on Facebook for public comments.  The committee then reconvened to discuss any feedback that was received. The proposed rules which had the backing of the majority of committee members are listed below.The proposed rules which had the backing of the majority of committee members are listed below. 1.1.Open riding is available during operational hours when no rentals are occurring.Open riding is available during operational hours when no rentals are occurring.Open riding is available during operational hours when no rentals are occurring.Open riding is available during operational hours when no rentals are occurring. 2.Those wanting exclusive time in the arena will need to rent it by calling 281Those wanting exclusive time in the arena will need to rent it by calling 281--470470--7275.7275. 3.No paid private instruction during open riding per ordinance, unless rented.No paid private instruction during open riding per ordinance, unless rented. 4.Use of the bucking chutes for rough stock is not allowed during open riding.Use of the bucking chutes for rough stock is not allowed during open riding. 5.No glass bottles.No glass bottles. 6.Certificates of insurance are required for all rentals involving animals.Certificates of insurance are required for all rentals involving animals. 7.Rentals will be posted on the bulletin board by the concession stand on a weekly basis.Rentals will be posted on the bulletin board by the concession stand on a weekly basis. 8.If a conflict occurs, please contact the Parks & Recreation Department at 281If a conflict occurs, please contact the Parks & Recreation Department at 281--470470--7275, Monday7275, Monday- Friday, 8amFriday, 8am--5pm.5pm. 9.If a conflict occurs outside of the Parks & Recreation Department hours listed above, please call If a conflict occurs outside of the Parks & Recreation Department hours listed above, please call the nonthe non--emergency Police Department at 281emergency Police Department at 281--471471--2141. 2141.  Regarding implementation of the new rules, staff would like to implement these changes at the Regarding implementation of the new rules, staff would like to implement these changes at the Lomax Rodeo Arena starting March 1, 2016.  This will give staff enough time to post the changes Lomax Rodeo Arena starting March 1, 2016.  This will give staff enough time to post the changes and get the word out to the public.  and get the word out to the public.   In terms of enforcement of the new rules, staff believes that most issues can be resolved with In terms of enforcement of the new rules, staff believes that most issues can be resolved with parks staff intervention.  However, there have been instances in the past when the Police parks staff intervention.  However, there have been instances in the past when the Police Department has been called, and the responding officers have not been able to enforce the rules Department has been called, and the responding officers have not been able to enforce the rules because they were not codified and included as part of the Citybecause they were not codified and included as part of the City’’s Code of Ordinances.  Once the s Code of Ordinances.  Once the Council is satisfied with the new rules, as presented above and/or modified during this Council Council is satisfied with the new rules, as presented above and/or modified during this Council meeting, staff will be bringing the final rules back for adoption as an ordinance to allow for meeting, staff will be bringing the final rules back for adoption as an ordinance to allow for effective enforcement, should a situation require it.effective enforcement, should a situation require it. Action Required of Council:Action Required of Council: Provide input to staff on open riding rules at Lomax Rodeo Arena.Provide input to staff on open riding rules at Lomax Rodeo Arena. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDateDateDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested December 14, 2015 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibit: Ordinance Amending Fiscal Affairs Committee Budgeted Item:YES NO SUMMARY & RECOMMENDATION The City of La Porte has a Fiscal Affairs Committee. Members of Council make up this committee. Currently there are five positions – three regular members and two alternates. If all five members attend a meeting, that constitutes a quorum of council members present and discussing city business and, in essence, the committee meeting morphs into a council meeting. Fiscal Affairs Committee meetings are noticed as committee meetings and not council meetings. Council is being asked to consider adopting this ordinance establishing the membership structure of the Fiscal Affairs Committee to four total members – three regular members and one alternate – so that all members may attend these meetings without reaching a number constituting a council quorum. Council is also being asked to consider appointing/reappointing members to the Fiscal Affairs Committee. Current members are: Chairman Chuck Engelken; Member Daryl Leonard; Vacant Member; Alternate 1, Jay Martin; and Alternate 2, Dottie Kaminski. Action Required by Council: Consider approval or other action of an ordinance establishing the membership structure of the Fiscal Affairs Committee. Consider approval or other action appointing council members to the Fiscal Affairs Committee. Approved for City Council Agenda Corby D. Alexander, City Manager Date Council Agenda Item December 14, 2015 8. (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken ***********************************************************************************