Loading...
HomeMy WebLinkAbout04-13-15 Regular Meeting of La Porte City Council Council Agenda Item Council Agenda Item April 13, 2015 April 13, 2015 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Windell Gill, First Baptist Church.The invocation will be given by Windell Gill, First Baptist Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Danny Earp.The Pledge of Allegiance will be led by Councilmember Danny Earp. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Proclamation Proclamation -- Fair Housing Month in the City of La Porte Fair Housing Month in the City of La Porte -- Mayor Rigby Mayor Rigby (a) Proclamation Proclamation -- National Volunteer Week National Volunteer Week -- Mayor Rigby Mayor Rigby (b) Proclamation Proclamation -- National Public Safety National Public Safety--Telecommunications Week Telecommunications Week -- Mayor Rigby Mayor Rigby (c) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Office of the Mayor Proclamation WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and declares it a national policy to provide, within constitutional limits, for fair housing in the United States; and WHEREAS, The principle of Fair Housing is not only national law and national policy, but a fundamental human concept and entitlement for all Americans; and WHEREAS, The National Fair Housing Law, during the month of April, provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all Americans. NOW, THEREFORE , I, Mayor Louis R. Rigby, along with members of the La Porte City Council, do hereby declare the month of April as the month to urge all La Porte citizens to become aware of and support the Fair Housing Law and therefore proclaim this month as Fair Housing Month in the City of La Porte th In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13 day of April 2015. CITY OF LA PORTE ______________________________ Louis R. Rigby, Mayor WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, during this week all over the nation volunteers will be recognized for their commitment to service; and WHEREAS, our La Porte Citizen Police Academy Alumni Association provided 3,917 hours of volunteer service to the City of La Porte last year, making possible countless meaningful community initiatives; and WHEREAS, these volunteers are recognized as a great treasure to our community and an essential part of our future as a caring and productive city; and Now therefore, I, Louis Rigby, Mayor of the City of La Porte, along with members of the La Porte City Council, do hereby proclaim April 12 through April 18, 2015 as VOLUNTEER WEEK In La Porte, Texas and urge my fellow citizens to volunteer in their community. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13day of April tth 2015. CITY OF LA PORTE ______________________________ Louis Rigby, Mayor WHEREAS, Emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, When an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, The safety of our police officers, firefighters and paramedics is dependent upon the quality and accuracy of information obtained from citizens who telephone the La Porte police fire communications center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers, firefighters, and paramedics by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Dispatchers of the La Porte Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, Each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, proudly proclaim April 12 through April 18, 2015, as - TELECOMMUNICATIONS In the City of La Porte, in honor of the men and women whose diligence and professionalism keep our city and citizens safe from harm. IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of April, 2015 CITY OF LA PORTE ______________________________ Louis R. Rigby, Mayor REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 4/13/2015 Source of Funds: Requested By: Dena Mahan Account Number: Department: OEM Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: Exhibits: Final Mutual Aid Agreement Budgeted Item:YES NO Exhibits: FEMA Disaster Assistance Policy 9523.6 SUMMARY & RECOMMENDATION In 2004, the City entered into an Interlocal Agreement with Harris County for emergency disaster services (Ordinance No. 2004-2750). This agreement allows the City and County to better serve the public by sharing various resources in times of disaster. This agreement was updated in 2010 and approved by City Council on January 25, 2010. The County has proposed acceptance of an updated Mutual Aid Agreement to replace the existing Interlocal Agreement. The proposed agreement reflects changes to State and Federal guidance regarding expectations of the mutual aid process. Specifically, the agreement addresses mutual aid assistance that exceeds 12 consecutive hours and outlines the reimbursement process for actual costs incurred of providing assistance beyond this 12 hour period. After this period expires, the Requesting Party will be expected to reimburse the Responding Party for costs related to personnel, operation and maintenance of equipment, damaged equipment, food, lodging and transportation. The updated language complies with State of Texas Government Code 418, Section 111. The proposed agreement also describes how such requests for assistance should be documented. In order for the City to seek State or Federal reimbursement for providing mutual aid assistance, this language must be incorporated into the existing agreement. According to FEMA Policy 9523.6, Mutual Aid Agreements for Public Assistance & Fire Management Assistance, “When a pre-event agreement specifies that no reimbursement will be provided for mutual aid assistance, FEMA will not pay for the costs of assistance.” This updated Mutual Aid Agreement will allow the City to seek reimbursement for providing mutual aid services to another jurisdiction during a disaster. The agreement references the definition of a disaster as that term is defined in section 418.004 of the Texas Government Code. Section 418.004 defines “disaster” as the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency. Action Required by Council: Consider approval or other action of a Mutual Aid Agreement between the City of La Porte and Harris County for disaster services. Approved for City Council Agenda Corby D. Alexander, City Manager Date INTERLOCAL MUTUAL AID AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, TEXAS THE STATE OF TEXAS § § COUNTY OF HARRIS § the Harris County, Texas City of La Porte, Texas (Entity , acting by and through its governing body, Harris County Commissioners Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of 1975) to the extent applicable to this Agreement. This Agreement does not apply to enforcement Harris County and Entity are referred to herein collectively as the "Parties" and individually as a "Party." Recitals: The Parties hereto recognize the vulnerability of the people, communities and schools to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. The full and effective utilization of the resources available to Entity and Harris County is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster. Chapter 791 of the Texas Government Code authorizes interlocal agreements between local governmental entities such as Entity and Harris County. Chapter 791 authorizes such entities to contract for emergency assistance, section 791.27; governmental functions and services, section 791.011, including police protection and detention services; public health and welfare; planning; administrative functions; and, other governmental functions in which the contracting Parties are mutually interested, section 791.003(3), such as those provided in chapter 418 of the Texas Government Code. Section 418.107(c) of the Texas Government Code provides that a political subdivision may render aid to other subdivisions under mutual aid agreements. The Parties hereto desire to enter into an agreement to provide mutual aid consistent with the mutual aid and emergency assistance plans approved by their governing body. NOW, THEREFORE, Entity and Harris County, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: Terms: I. If Entity is a county or incorporated city, both Entity and Harris County shall each appoint an Emergency Management Coordinator to take all steps necessary for the implementation of this Agreement. If Entity is an independent school district, public junior college district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of the State of Texas that maintains the capability to provide mutual aid, or organized volunteer group as defined in Section 418.004(5) of the Texas Government Code, Entity, highest ranking officer, or Emergency Management Coordinator, as applicable, shall take all steps necessary for the implementation of this Agreement. II. It shall be the duty of each Party to formulate emergency management plans and programs that incorporate the use of available resources, including personnel, equipment, buildings, and supplies necessary to provide mutual aid and emergency assistance. Harris County and any Entity that is a county or incorporated municipality shall have an approved Emergency Management Program as defined by the Texas Division of Emergency Management. This Agreement shall apply to the dispatch of emergency service responses by either or both Parties in response to a disaster as that term is defined in section 418.004 of the Texas Government Code, and in response to actual and imminent incidents that endanger the health, safety, or welfare of the public and require the use of special equipment, trained personnel, or personnel in larger number than are locally available in order to reduce, counteract, or remove the danger caused by the incident. This Agreement includes the provision of materials, supplies, equipment, and other forms of aid by and between the Parties including the staffing and equipping of emergency operations, and participation by personnel in exercises, drills, or other training activities designed to train and prepare for, cope with, respond to, recover from, or prevent the occurrence of any disaster. In carrying out emergency management plans and programs, the Parties shall, insofar as possible, provide and follow uniform standards, practices and rules and regulations, including but not limited to the following: Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith. Shutting off water mains, gas mains, and electric power connections, and the suspension of all other utility services. Selection of all materials, equipment or buildings used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used by either Party hereto. The conduct of civilians and the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to exercises or disasters. 2 The safety of public meetings or gatherings. As further set forth below, each Party shall coordinate the emergency responses within its scope of responsibility under this Agreement. Either Party, when requested to provide mutual aid or emergency assistance, may take such action as is necessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof, provided however, the Party rendering aid may withhold resources to the extent necessary to provide other necessary governmental functions for itself. When a request for emergency assistance is received, law enforcement, fire, emergency response personnel, and other resources shall be subject to the administrative policies of their respective agencies. However, the respective agencies shall coordinate their emergency responses and resources through the emergency management authorities of the Requesting Party. Any request for aid shall specify the amount and type of resources requested. However, the Responding Party shall determine the specific resources furnished. The personnel and resources deployed by the Responding Party shall report to the officer in charge of the incident and report through the incident chain of command. The Responding Party shall be released by the Requesting Party when the reserves of the Responding Party are no longer required or when the resources are needed within the R If Entity is a county with an Emergency Management Coordinator, each request for mutual aid assistance shall be made through the Emergency Management Coordinator of the Requesting Party to the Emergency Management Coordinator of the Responding Party. If Entity is an incorporated municipality or a political subdivision without an Emergency Management Coordinator, including but not limited to an independent school district, public junior college district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of the State of Texas that maintains the capability to provide mutual aid, or organized volunteer group as defined in Section 418.004(5) of the Texas Government Code, Entity requests for mutual aid assistance shall be made through Entity, highest ranking officer or authorized official to Emergency Management Coordinator, Sheriff, Fire Marshal, Public Health Director, or an elected Constable. Harris County requests for mutual aid assistance shall be made through its Emergency Management Coordinator, Sheriff, Fire Marshal, Public Health Director, or an elected Constable to Entity ranking officer. In the event of rapidly developing emergencies occurring within the jurisdiction of the Requesting Party and near the Responding boundary, the Responding Partys law enforcement and/or emergency responders will respond as they are able, without the prior request of the Requesting Party, as provided by applicable law. The Responding Partyemergency response units will establish control of the scene. The Responding Party and staff representing other governmental entities requested to provide mutual assistance will provide assistance and resources as available in accordance with the existing emergency management plans and programs. The resources will remain on the scene as needed. In such event this Agreement shall be in effect. 3 When mutual aid assistance will be provided for more than twelve (12) consecutive hours, the Requesting Party th shall, prior to the expiration of the twelfth (12) hour, confirm in writing to the Responding Party that the Requesting Party desires continued mutual aid assistance from the Responding Party. Notwithstanding the above, if, due to the nature of the emergency, disaster, or other condition requiring mutual aid, the Requesting th Party cannot confirm its request for continued mutual aid assistance before the expiration of the twelfth (12) hour, the written request must be sent as soon as practicable, but in all cases, within ninety (90) days of the verbal request. III. Nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits including, but not limited to, and/or dismemberment insurance , contractors, vendors, or other workers. Nothing in this Agreement shall be construed as making either Party responsible for the payment of property, motor vehicle, or other insurance, on the other P assets. IV. Notwithstanding Section III of this Agreement, if a Party hereto requests mutual aid assistance that requires a response that exceeds twelve (12) consecutive hours, the Requesting Party shall reimburse the Responding Party its actual cost for providing mutual aid assistance to the Requesting Party after the first twelve (12) hours, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, provided that, in no event shall the cost for a service or item be greater than the rate, as such rates are amended from time to time, set by the Federal Emergency Management Agency (FEMA) for the substantially same service or item. FEMA rates are available at http://www.fema.gov The Parties mutually agree that a Responding Party shall not be entitled to and will not seek reimbursement from a Requesting Party for either: (a) assistance provided that does not exceed twelve (12) consecutive hours or (b) for assistance provided during the initial twelve (12) hours of the response. Each Party hereto agrees to comply with such statutory and constitutional provisions, or other contracts, rules, regulations, ordinances, guidelines, procedures, or conventions, as apply to it with regard to the appropriation of funds for the payment of contractual obligations. Each Party hereto understands and acknowledges, that funds thereof, are available to the extent such funds are appropriated by Order of Harris County Commissioners Court, and certified as provided by law, by the Harris County Auditor, as available from current funds set aside in the annual budget in which the expenditures are incurred before expenditure of such funds. It shall be the responsibility of each Responding Party to assure itself that sufficient funds have been allocated to pay for the services provided. In the event either Party fails to appropriate sufficient funds to perform its obligations arising out of or in relation to this Agreement, the Parties acknowledges and agrees that their sole and exclusive remedy is to terminate participation in this Agreement. th The Responding Party is responsible for the work it performs under this Agreement. No later than the 90 day after services are performed under this Agreement, the Responding Party shall submit an invoice to the Requesting Party. Supporting documentation as mutually agreed upon will be supplied. The Responding Party shall maintain auditable records verifying each service or item and the dates provided. The Responding Party 4 shall warrant that all billing data submitted is complete and truthful. The Requesting Party will review each invoice and statement and modify it as necessary and appropriate and, thereafter, forward the same to the appropriate official, in the case of Harris County to the Harris County Auditor, for payment. Requesting Party reserves the right to withhold payment of any questionable charges or expenses, including, but not limited to, any charges in excess of the rate set by FEMA for the substantially same service or item. Should the Requesting Party determine that any payment has been made to a Responding Party in excess or in error for any reason whatsoever, Requesting Party may recoup from the Responding Party the amount made in excess or in error. Within ninety (90) days of receipt of a request for repayment of an amount made in excess or in error, the overpaid Party shall return the amount paid in excess or in error. V. Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Furthermore, neither the terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit either Party from seeking financial aid or in-kind reimbursement from any state or federal agency or program. Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not responsible for any civil liability that arises from any act or omission made within the course and scope of its functions to provide a service under this Agreement that is related to a homeland security activity. The Parties understand and agree that the Requesting Party does not assume civil liability under any theory of law for the actions of the Responding Party in providing services hereunder. If the equipment is damaged or destroyed, the owner may seek recovery through insurance acquired by the owner, reimbursement as set forth in Section IV, or through any other resources available to the owner. VI. This Agreement shall terminate on the last day of February of each year and shall automatically renew for a one-year term, subject to continued funding and certification of funds as referenced in Section IV, unless the governing body of either Party gives notice received no later than the preceding December 1 of its desire to terminate the agreement. Unless notice of termination is received by December 1, this Agreement shall continue in force and remain binding subject to funding and certification as referenced in Section IV. Notwithstanding the above, either Partymay suspend the operation of this Agreement at any time during a term upon notice to the other Party. VII. Except as otherwise provided in this Agreement, any notice required to be given under this Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return-receipt requested, in a United States post office, addressed to a Party at the following addresses. 5 To Harris County: Harris County Commissioners Court 1001 Preston, Suite 911 Houston, Texas 77002 Attention: Harris County Judge With a copy to: Harris County Office of Homeland Security & Emergency Management 6922 Old Katy Road Houston, Texas 77024 Attention: Emergency Management Coordinator To Entity: City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas 77571 Attention: Mayor of La Porte With a copy to: Office of Emergency Management City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas Attention: Emergency Management Coordinator Either Party may designate a different address by giving the other Party ten (10) days written notice. VIII. The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules, ordinances, and regulations affecting the conduct of services provided and the performance of obligations undertaken by this Agreement. In case any one or more provisions contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. IX. The Parties shall make available the manner in which each Party is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information that the Office requires. The person so designated shall accomplish training prescribed by State and Federal guidelines. X. This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975, chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter 791 of the Texas Government 6 Code, as they may hereafter be amended. it in section 418.004 of the Texas Government Code. XI. Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in Harris County, Texas. XII. This Agreement is not intended to be an exclusive agreement, and each Party may enter into other similar agreements. XIII. This Agreement replaces and terminates any previous existing mutual aid agreement for like services entered into by the same Parties. IN WITNESS WHEREOF , this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County, and on behalf of the City of La Porte, Texas by an authorized representative of the City of La Porte, Texas. This Agreement shall be effective upon approval of Harris County Commissioners Court. CITY OF LA PORTE, TEXAS HARRIS COUNTY By: _________________________________ By: _______________________________ LOUIS R. RIGBY ED EMMETT CITY MAYOR COUNTY JUDGE Date: ________________________________ APPROVED AS TO FORM: VINCE RYAN COUNTY ATTORNEY By: ________________________________ Philip Wayne Evans Assistant County Attorney C.A. File 14GEN1123 7 DAP9523.6 DISASTER ASSISTANCE POLICY Mutual Aid Agreements for Public Assistance and I.TITLE: Fire Management Assistance II.DATE: AUG 13, 2007 III.PURPOSE: This policy specifies criteria by which the Federal Emergency Management Agency (FEMA) will recognize the eligibility of costs under the Public Assistance (PA) Program and the Fire Management Assistance Grant (FMAG) Program incurred through mutual aid agreements between applicants and other entities. IV.SCOPE AND AUDIENCE: This policy is applicable to all major disasters, emergencies, and fire management assistance declarations declared on or after the date of this policy. This policy is intended for personnel involved in the administration of the PA and the FMAG programs. V.AUTHORITY: This policy applies to emergency work authorized under Sections 403, 407, 420, and 502, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121- 5206, and the implementing regulations of 44 CFR § 204 and § 206. VI.BACKGROUND: Many State, Tribal, and local governments and private nonprofit organizations enter into mutual aid agreements to provide emergency assistance to each other in the event of disasters or emergencies. These agreements often are written, but occasionally are arranged verbally after a disaster or emergency occurs. This policy addresses both written and verbal mutual aid agreements and the eligibility of costs under the Emergency Management Assistance Compact (EMAC). The National Incident Management System (NIMS) maintains that states should participate in these agreements and should look to establish intrastate agreements that encompass all local jurisdictions. The Incident Management Systems Division will be responsible for developing a national system of standards and guidelines as described in the NIMS as well as the preparation of guidance to assist agencies in implementing the system. This policy supports the NIMS by Page 1 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY establishing standard criteria for determining the eligibility of costs incurred through mutual aid agreements. VII.POLICY: A.Terms Used in this Policy: 1.Backfill. Replacement personnel who perform the regular duties of other personnel while they are performing eligible emergency work under the PA or FMAG programs. 2.Declared Emergency or Major Disaster. An emergency or major disaster as defined at 44 CFR § 206.2 (a)(9) and (17), respectively. 3.Declared Fire. An uncontrolled fire or fire complex, threatening such destruction as would constitute a major disaster for which the Disaster Assistance Directorate Assistant Administrator has approved a declaration in accordance with the criteria listed in 44 CFR § 204.21. 4.Emergency Management Assistance Compact (EMAC). This type of interstate mutual aid agreement allows states to assist one another in responding to all kinds of natural and man-made disasters. It is administered by the National Emergency Management Association (NEMA). 5.Incident Commander. The ranking official responsible for overseeing the management of emergency or fire operations, planning, logistics, and finances of the field response. 6.Providing Entity. The entity providing mutual aid assistance to a Requesting Entity pursuant to a local or statewide mutual aid agreement. 7.Requesting Entity. An entity that requests mutual aid assistance from a Providing Entity for emergency work resulting from a declared fire, emergency or major disaster within its legal jurisdiction. The requesting entity is eligible to receive FEMA assistance for the eligible mutual aid activities performed by the providing entities. 8.Intra-state Mutual Aid. Mutual Aid that supports local and regional mutual aid efforts within a State as well as regional mutual aid agreements and compacts involving local Page 2 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY jurisdictions that cross State boundaries, or are adjacent to a neighboring State (i.e. Kansas City, Kansas/Kansas City, Missouri , etc.). 9.Inter-state Mutual Aid. Mutual Aid that supports national mutual aid efforts requested directly between two or more States or territories through established Multi-agency Coordination Systems as directed by approved mutual aid agreements or compacts (i.e. EMAC), etc. B.General: 1.To be eligible for reimbursement by FEMA, the mutual aid assistance should have been requested by a Requesting Entity or Incident Commander; be directly related to a Presidentially-declared emergency or major disaster, or a declared fire; used in the performance of eligible work; and the costs must be reasonable. 2.FEMA will not reimburse costs incurred by entities that "self-deploy" (deploy without a request for mutual aid assistance by a Requesting Entity) except to the extent those resources are subsequently used in the performance of eligible work at the request of the Requesting Entity or Incident Commander. 3.The reimbursement provisions of a mutual aid agreement must not be contingent on a declaration of an emergency, major disaster, or fire by the Federal government. 4.This policy is applicable to all forms of mutual aid assistance, including agreements between Requesting and Providing Entities, statewide mutual aid agreements, and the mutual aid services provided under the EMAC. C.Pre-Event Written Mutual Aid Agreements. FEMA recognizes mutual aid agreements between Requesting and Providing Entities, and statewide mutual aid agreements wherein the State is responsible for administering the claims for reimbursement of Providing Entities. In addition, FEMA recognizes the standard EMAC agreement as a valid form of mutual aid agreement between member states. 1.FEMA encourages parties to have written mutual aid agreements in place prior to a declared fire, emergency, or major disaster. a.When a pre-event written agreement exists between a Requesting Entity and a Providing Entity, the Providing Entity may be reimbursed through the Requesting Entity. In Page 3 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY these circumstances, the Requesting Entity should claim the eligible costs of the Providing Entity, pursuant to the terms and conditions of the mutual aid agreement and the requirements of this policy, on its subgrant application, and agree to disburse the Federal share of funds to the Providing Entity. b.When a statewide pre-event mutual aid agreement exists that designates the State responsible for administering the reimbursement of mutual aid costs, a Providing Entity may apply, with the prior consent of the Requesting Entity, for reimbursement directly to the Grantee, in accordance with applicable State law and procedure. In such cases, the Providing Entity should obtain from the Requesting Entity the certification required in section H. (3) of this policy and provide it to the State as part of its reimbursement request. 2.FEMA encourages parties to address the subject of reimbursement in their written mutual aid agreements. FEMA will honor the reimbursement provisions in a pre-event agreement to the extent they meet the requirements of this policy. 3.When a pre-event agreement provides for reimbursement, but also provides for an initial period of unpaid assistance, FEMA will pay the eligible costs of assistance after such initial unpaid period. 4.When a pre-event agreement specifies that no reimbursement will be provided for mutual aid assistance, FEMA will not pay for the costs of assistance. D.Post-Event Mutual Aid Agreements. 1.When the parties do not have a pre-event written mutual aid agreement, or where a written pre-event agreement is silent on reimbursement, the Requesting and Providing Entities may verbally agree on the type and extent of mutual aid resources to be provided in the current event, and on the terms, conditions, and costs of such assistance. 2.Post-event verbal agreements must be documented in writing and executed by an official of each entity with authority to request and provide assistance, and provided to FEMA as a condition of receiving reimbursement. The agreement should be consistent with past practices for mutual-aid between the parties. A written post-event agreement should be submitted within 30 days of the Requesº¯´­Ɏ$´º¯º¿ȟ¹Ɏ ¶¶²¯©§´ºȟ¹Ɏ!¸¯«¬¯´­ȌɎɎ Page 4 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY E.Force Account Labor Costs. 1.The straight- or regular-time wages or salaries of a Requesting Entity's permanently employed personnel performing or supervising emergency work are not eligible costs, pursuant to 44 CFR § 206.228(a)(4), and § 204.43(c), even when such personnel are reassigned or relocated from their usual work location to provide assistance during an emergency. Overtime costs for such personnel are eligible and may be submitted as part of a subgrant application. 2.The labor force expenses of a Providing Entity will be treated as contract labor, with regular time and overtime wages and certain benefits eligible, provided labor rates are reasonable. The labor force expenses of the Providing Entity will not be treated as contract labor if the labor force is employed by the same local or State government as the Requesting Entity. 3.In circumstances where a Providing Entity is also an eligible applicant in its own right, the determination of eligible and ineligible costs will depend on the capacity in which the entity is incurring costs. As stated in paragraphs E(1) and (2), an applicant's straight-time wages are not eligible costs when the applicant is using its permanently employed personnel for emergency work in its own jurisdiction. 4.Requesting and Providing Entities may not mutually deploy their labor forces to assist each other so as to circumvent the limitations of paragraph E(1) or (2) of this policy. 5.The straight- or regular-time wages or salaries for backfill personnel incurred by Providing Entities are not eligible for reimbursement. However, the overtime portion of the ¸«¶²§©«³«´ºɎ¶«¸¹µ´´«²ȟ¹Ɏ¹§²§¸¿Ɏ¯¹Ɏ©µ´¹¯ª«¸«ªɎan additional cost of deploying personnel who perform eligible work and is eligible for reimbursement under this policy. F.Types of Mutual Aid Work There are two types of mutual aid work eligible for FEMA assistance: Emergency Work and Grant Management Work. Both are subject to the eligibility requirements of the respective PA and FMAG programs: 1.Emergency Work. Mutual aid work provided in the performance of emergency work necessary to meet immediate threats to life, public safety, and improved property, including firefighting activities under the FMAG program, is eligible. Page 5 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY a.Examples of eligible emergency work include: (i)Search and rescue, sandbagging, emergency medical care, debris removal; (ii)Reasonable supervision and administration in the receiving State that is directly related to eligible emergency work; (iii)The cost of transporting equipment and personnel by the Providing Entity to the incident site, subject to the requirements of paragraphs B(1), (2) and (3) of this policy; (iv)Costs incurred in the operation of the Incident Command System (ICS), such as operations, planning, logistics and administration, provided such costs are directly related to the performance of eligible work on the disaster or fire to which such resources are assigned; (v)State Emergency Operations Center or Joint Field Office assistance in the receiving State to support emergency assistance; (vi)Assistance at the National Response Coordination Center (NRCC), and Regional Response Coordination Center (RRCC), if requested by FEMA (labor, per diem and transportation); (vii)Dispatch operations in the receiving State; (viii)Donations warehousing and management (eligible only upon approval of the Assistant Administrator of the Disaster Assistance Directorate); (ix)Firefighting activities; and, (x)Dissemination of public information authorized under Section 403 of the Act. b.Examples of mutual aid work that are not eligible, include: (i)Permanent recovery work; (ii)Training, exercises, on-the-job training; Page 6 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY (iii)Long-term recovery and mitigation consultation; (iv)Costs outside the receiving State that are associated with the operations of the EMAC system (except for FEMA facilities noted in paragraph F.(1)(a)(v) and (vi) above); (v)Costs for staff performing work that is not eligible under the PA or the FMAG programs; (vi)Costs of preparing to deploy or "standing-by" \[except to the extent allowed in the FMAG program pursuant to 44 CFR § 204.42(e)\]; (vii)Dispatch operations outside the receiving State; (viii)Tracking of EMAC and U.S. Forest Service Incident Cost Accounting and Reporting System (ICARS) resources; and (ix)Situation reporting not associated with ICS operations under VII(F)(iv) of this policy. 2.Grant Management Work. For PA only, work associated with the performance of the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR § 206.202(b). Use of EMAC-provided assistance to perform these tasks is eligible mutual aid work. G.Eligible Applicants. 1.Only Requesting Entities are eligible applicants for FEMA assistance. With the exception of G.(2), below, a Providing Entity must submit its claim for reimbursement to a Requesting Entity. 2.States may be eligible applicants when statewide mutual aid agreements or compacts authorize the State to administer the costs of mutual aid assistance on behalf of local jurisdictions. H.Reimbursement of Mutual Aid Costs. 1.Requesting and Providing Entities must keep detailed records of the services requested and received, and provide those records as part of the supporting documentation for a reimbursement request. Page 7 of 9 DAP9523.6 DISASTER ASSISTANCE POLICY 2.A request for reimbursement of mutual aid costs must include a copy of the mutual aid agreement - whether pre- or post-event - between the Requesting and Providing Entities. 3.A request for reimbursement of mutual aid costs should include a written and signed certification by the Requesting Entity certifying: a.The types and extent of mutual aid assistance requested and received in the performance of eligible emergency work; and b. The labor and equipment rates used to determine the mutual aid cost reimbursement request. 4.FEMA will not reimburse the value of volunteer labor or the value of paid labor that is provided at no cost to the applicant. However: a.To the extent the Providing Entity is staffed with volunteer labor, the value of the volunteer labor may be credited to the non-Federal cost share of the Requesting Entity's emergency work in accordance with the provisions of Disaster Assistance Policy #9525.2, Donated Resources. b.If a mutual aid agreement provides for an initial period of unpaid assistance or provides for assistance at no cost to the Requesting Entity, the value of the assistance provided at no cost to the Requesting Entity may be credited to the non-Federal cost share of the Requesting Entity's emergency work under the provisions of Disaster Assistance Policy #9525.2. Donated Resources. 5.Reimbursement for work beyond emergency assistance, such as permanent repairs, is not eligible for mutual aid assistance. 6.For PA only, reimbursement for equipment provided to a Requesting Entity will be based on FEMA equipment rates, approved State rates or, in the absence of such standard rates, on rates deemed reasonable by FEMA. 7.For FMAG only, reimbursement for equipment provided to a Requesting Entity will be based on 44 CFR § 204.42 (b)(3) and (4). Page 8 of 9 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM April 13, 2015April 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: General Fund General Fund Cherell Daeumer Cherell Daeumer Source of Funds:Source of Funds: Requested By: 001001--50595059--522522--2055 2055 Finance Finance Account Number:Account Number: Department: 80,000 80,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 80,000 80,000 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Bound Tree Medical Bid Form1. Bound Tree Medical Bid Form SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Council approved participation in the interlocal agreement between the City of Houston and METRO as an Council approved participation in the interlocal agreement between the City of Houston and METRO as an additional party on March 23, 2015. There is no cost to the City of La Porte to participate in this agreement.additional party on March 23, 2015. There is no cost to the City of La Porte to participate in this agreement. Staff is requesting approval to purchase medical supplies and pharmaceuticals from Bound Tree Medical under Staff is requesting approval to purchase medical supplies and pharmaceuticals from Bound Tree Medical under   the terms of the interlocal purchasing agreement with the City of Houston. Currently the City is receiving an 18% the terms of the interlocal purchasing agreement with the City of Houston. Currently the City is receiving an 18%   --  4545 discount off the catalog list price. If approved the City would receive a discount of 26%discount off the catalog list price. If approved the City would receive a discount of 26%% off the list price. % off the list price. Bound Tree has agreed to allow the City to piggyBound Tree has agreed to allow the City to piggy--back off this contract and receive the same discount. The back off this contract and receive the same discount. The budgeted amount for these items is $80,000. budgeted amount for these items is $80,000.  EMS is very familiar with Bound TreeEMS is very familiar with Bound Tree’’s ordering system and has received good customer service and timely s ordering system and has received good customer service and timely EMS is very familiar with Bound TreeEMS is very familiar with Bound Trees ordering system and has received good customer service and timely s ordering system and has received good customer service and timely delivery in the past. The contract is in effect until August 11, 2017. delivery in the past. The contract is in effect until August 11, 2017. delivery in the past. The contract is in effect until August 11, 2017. delivery in the past. The contract is in effect until August 11, 2017. Action Required of Council:Action Required of Council: Consider approval or other action to purchase medical supplies and pharmaceuticals from Bound Tree Medical Consider approval or other action to purchase medical supplies and pharmaceuticals from Bound Tree Medical under the terms of the interlocal purchasing agreement with the City of Houston and METRO. under the terms of the interlocal purchasing agreement with the City of Houston and METRO. 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 April 13, 2015April 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Fund (003) Fund (003) David Mick David Mick Source of Funds:Source of Funds: Requested By: 0039890698110 0039890698110 Public Works Public Works Account Number:Account Number: Department: 70,000 70,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 56,160.01 56,160.01 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Proposal1. Proposal 2. Public Purchase Access Report2. Public Purchase Access Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Sealed bids (#15009) Aerator Rotor Gear Boxes were opened on March 19, 2015 for the purchase of eleven (11) Sealed bids (#15009) Aerator Rotor Gear Boxes were opened on March 19, 2015 for the purchase of eleven (11) wastewater treatment plant aeration basin rotor gear boxes.  This item is included in the approved FY 14wastewater treatment plant aeration basin rotor gear boxes.  This item is included in the approved FY 14--15 15 budget.  The bid was advertised on March 5 & March 12 in the Bay Area Observer, posted on Public Purchase budget.  The bid was advertised on March 5 & March 12 in the Bay Area Observer, posted on Public Purchase and the city’s website.  Eleven (11) bidders were notified. Bid requests were accessed online by ten (10) vendors s website.  Eleven (11) bidders were notified. Bid requests were accessed online by ten (10) vendors and one (1) submitting a bid. and one (1) submitting a bid.  The existing Rotor Gear Boxes are 10 years old with approximately 78,000 hours of run time under load. Failure The existing Rotor Gear Boxes are 10 years old with approximately 78,000 hours of run time under load. Failure rate is increasing.  Parts are sold only as part of a kit and not individually.  Back order time to deliver repair kits is rate is increasing.  Parts are sold only as part of a kit and not individually.  Back order time to deliver repair kits is 2-3 months.    Public Works purchased and installed one gear box of the same make and model specified in the bid documents Public Works purchased and installed one gear box of the same make and model specified in the bid documents Public Works purchased and installed one gear box of the same make and model specified in the bid documents Public Works purchased and installed one gear box of the same make and model specified in the bid documents six months ago to confirm ease of installation, compatibility, and operation. The new gear box is manufactured by a six months ago to confirm ease of installation, compatibility, and operation. The new gear box is manufactured by a different company than existing gear boxes with parts available individually after the warranty expires. Low bid different company than existing gear boxes with parts available individually after the warranty expires. Low bid meeting specifications for eleven gear boxes, mounting hardware, and warranty lubricant is Applied Industrial meeting specifications for eleven gear boxes, mounting hardware, and warranty lubricant is Applied Industrial Technologies at $56,160.01. Technologies at $56,160.01.   Benefits: One year warranty. Reduced maintenance cost after the one year. Parts are available individually without lengthy One year warranty. Reduced maintenance cost after the one year. Parts are available individually without lengthy backorder time. Reduced the possibility of TCEQ permit violation due to aeration basin rotor failures.backorder time. Reduced the possibility of TCEQ permit violation due to aeration basin rotor failures.   Liabilities: Potential for prolonged basin rotor failures that could potentially result in TCEQ permit violations and fines.Potential for prolonged basin rotor failures that could potentially result in TCEQ permit violations and fines.  Staff recommends that Council award bid #15009 to Applied Industrial Technologies at $56,160.01.   Staff recommends that Council award bid #15009 to Applied Industrial Technologies at $56,160.01.      REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: April 13, 2015 Source of Funds: Fund (003) Requested By: David Mick Account Number: 00398906981100 Department: Public Works Amount Budgeted: $ 70,000 Report: Resolution: Ordinance: Amount Requested: $ 56,160.01 Exhibits: Proposal Budgeted Item: YES Exhibits: Public Purchase Access Report Exhibits SUMMARY & RECOMMENDATION Sealed bids (#15009) Aerator Rotor Gear Boxes were opened on March 19, 2015 for the purchase of eleven (11) wastewater treatment plant aeration basin rotor gear boxes. This item is included in the approved FY 14-15 budget. The bid was advertised on March 5 & March 12 in the Bay Area Observer, posted on Public Purchase and the city’s website. Eleven (11) bidders were notified. Bid requests were accessed online by ten (10) vendors and one (1) submitting a bid. The existing Rotor Gear Boxes are 10 years old with approximately 78,000 hours of run time under load. Failure rate is increasing. Parts are sold only as part of a kit and not individually. Back order time to deliver repair kits is 2-3 months. Public Works purchased and installed one gear box of the same make and model specified in the bid documents six months ago to confirm ease of installation, compatibility, and operation. The new gear box is manufactured by a different company than existing gear boxes with parts available individually after the warranty expires. Low bid meeting specifications for eleven gear boxes, mounting hardware, and warranty lubricant is Applied Industrial Technologies at $56,160.01. Benefits: One year warranty. Reduced maintenance cost after the one year. Parts are available individually without lengthy backorder time. Reduced the possibility of TCEQ permit violation due to aeration basin rotor failures. Liabilities: Potential for prolonged basin rotor failures that could potentially result in TCEQ permit violations and fines. Staff recommends that Council award bid #15009 to Applied Industrial Technologies at $56,160.01. Action Required By Council: Consider approval or other action awarding Bid No. 15009 Aerator Rotor Gear Boxes to Applied Industrial Technologies in the amount of $56,160.01. Approved for City Council Agenda Corby D. Alexander, City Manager Date Bid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid Notification Reason #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf #15009 Aerator Rotor Gear Boxes COMPLETE.pdf 2015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:472015-03-05 12:10:47 Date Documents Invitation InvitedInvitedInvitedInvitedInvitedInvitedInvitedInvitedInvitedInvitedInvited Invitation Report Access Report Most Recent Access 2015-03-09 10:29 AM CDT2015-03-09 12:28 PM CDT2015-03-18 05:57 AM CDT2015-03-08 11:20 PM CDT2015-03-12 01:33 PM CDT2015-03-11 03:53 AM CDT2015-03-19 01:12 AM CDT2015-03-19 01:53 AM CDT 2015-03-05 01:15 PM CST2015-03-05 04:20 PM CST Business Type Aerator Rotor Gear BoxesAerator Rotor Gear Boxes Accessed First Time 2015-03-09 10:26 AM CDT2015-03-08 11:20 PM CDT2015-03-12 01:33 PM CDT2015-03-11 03:51 AM CDT 2015-03-05 01:15 PM CST2015-03-05 03:19 PM CST2015-03-05 04:08 PM CST2015-03-05 10:10 PM CST2015-03-05 04:20 PM CST2015-03-06 01:24 AM CST City of La Porte (TX)City of La Porte (TX) State 1500915009 CACA AZ TXTXTXTXTXTX HD SUPPLY FACILITIES MAINTENANCE, LTD.Applied Industrial TechnologiesThe Blue Book Building & Construction Network Bartholow Rental CompanyLansdowne Moody Co L.P. Boo's Pump Rentals, Inc. Perkens WS Corporation Vendor NameVendor Name R&R PRODUCTS INC iSqFt and Houston AC GPM Pump and SealGPM Pump and Seal Applied Technologies DXP ENTERPRISES R+B Group, Inc. Hearn Company Bid NumberBid Number Alta One, LLC CDC News Bid TitleBid Title Acme Inc AgencyAgency AMTEK Onvia IPS FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: April 13, 2015 Source of Funds: ______N/A___________ Requested By: Tim Tietjens Account Number: ______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES X NO Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION Carson Bayport 2, LLC has approached the City for water and sanitary sewer service to its new 366,000 square foot facility at 4300 Malone Dr. in the Bayport Industrial District (see Area Map). The company plans to employ up to 300 full-time positions at this site. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City’s industrial districts (ETJ). These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City. Carson Bayport has a current IDA with the City for the subject site (2007-IDA-129). Administrative fees in the amount of $15,000 for each agreement have been subsequently received from the company. Based on Carson Bayport’s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 15,000 gallons. Under the terms of the policy, Carson Bayport will pay one and one-half (1-1/2) times the City’s current utility rate for service. The terms of Carson Bayport’s Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. _____________________________________________________________________________________ Action Required by Council: Consider approval or other action to authorize the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 2, LLC for its development at 4300 Malone Dr. in the Bayport Industrial District. _____________________________________________________________________________________ Approved for City Council Agenda ____________________________________ _______________________ Corby Alexander, City Manager Date AREA MAP AKMONT DR O RUSTIC GATE R D DRY SPRINGS DR CANIFF RD WAY DR PARK SITE LOCATION 4300 MALONE DR. N EW DECAD E DR 1 inch = 1,000 feet FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: April 13, 2015 Source of Funds: ______N/A___________ Requested By: Tim Tietjens Account Number: ______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES X NO Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION IPT Bayport DC, LP has approached the City for water and sanitary sewer service to its existing facility at 4330 Underwood Rd. in the Bayport Industrial District (see Area Map). The company plans to employ up to 160 full-time and 40 contract positions at this site. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City’s industrial districts (ETJ). These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City. IPT Bayport DC, LP has an existing IDA with the City for the subject site (2007-IDA-058). Administrative fees in the amount of $15,000 for each agreement have been received. Based on IPT Bayport DC, LP’s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 10,300 gallons. Under the terms of the policy, the company will pay one and one-half (1-1/2) times the City’s current utility rate for service. The terms of IPT Bayport DC, LP’s Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. _____________________________________________________________________________________ Action Required by Council: Consider approval or other action to authorize the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with IPT Bayport DC, LP for its facility at 4330 Underwood Rd. in the Bayport Industrial District. _____________________________________________________________________________________ Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date AREA MAP CANIFF RD ROCKY HOLLOW RD LOCATION OF PROPERTY NEW DECADE DR 1 inch = 500 feet FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: April 13, 2015 Source of Funds: ______N/A___________ Requested By: Tim Tietjens Account Number: ______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES X NO Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION Schutz Container Systems, Inc. has approached the City for water and sanitary sewer service to its new facility at 4720 Underwood Rd. in the Bayport Industrial District (see Area Map). The company plans to employ a total of 50 positions at this site. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City’s industrial districts (ETJ). These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City. Schutz Container Systems, Inc. has an IDA with the City for the subject site (2007-IDA-078). Administrative fees in the amount of $5,000 for each agreement have been subsequently received from the company. Based on the company’s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 2,500 gallons. Under the terms of the policy, Schutz Container Systems will pay one and one-half (1-1/2) times the City’s current utility rate for service. The terms of Schutz Container Systems’ Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. _____________________________________________________________________________________ Action Required by Council: Consider approval or other action to authorize the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Schutz Container Systems, Inc. for its development at 4720 Underwood Rd. in the Bayport Industrial District. _____________________________________________________________________________________ Approved for City Council Agenda ____________________________________ _______________________ Corby Alexander, City Manager Date AREA MAP DESIRABLE DR DRY SPRINGS DR CANIFF RD MAHAN DR AWK DR MOH WAY DR PARK TEJAS CT N EW DECA DE DR SITE LOCATION 4720 UNDERWOOD RD. 1 inch = 1,000 feet REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 13, 2015 Source of Funds: Fund 050 Requested By: Bob Eng Account Number: 050-9892-531-1100 Department: Planning and Development Amount Budgeted: $150,000 ____ Report: _X_Resolution: _ _Ordinance: ___ Amount Requested: $146,092.37___ Budgeted Item: X YES NO Exhibit: 1) Invitation and Access Report for Construction of the West D Street Drainage Improvements SUMMARY & RECOMMENDATION Staff is presenting the project re-bid submittal for the construction of the “D” Street Outfall Structure. This project proposes to construct the ultimate drainage structure from the partially constructed ditch along D Street to the F-216 regional detention pond. It will ultimately collect flow from several areas of th Sector 23, both east and west of 16 street. The original letting was received with two contractors submitting bids. Based on the difference in project cost between the two bidders, qualification issues, as well as the engineer’s estimate, this project was recommended to be re-let. The engineer’s estimate was $126,250 plus contingency. Upon re-letting the project, ten (10) contractors accessed the plans; but one (1) contractor submitted a bid. The contractor’s bid was examined; and it is staff’s recommendation to award the contract to Paskey Incorporated for $139,135.59, from Project GEN-957 (Drainage Bond Fund Project) to cover the cost of construction, plus a 5% construction contingency in the amount of $6,956.78, for a total requested amount of $146,092.37. In the Capital Improvement Plan, the project funding was programmed with $30,000 in FY 2015 for the design phase and up to $120,000 in FY 2016 to construct the project. Staff engineered the design in house and is recommending to advance the construction phase by one year, because one of the adjacent developers recently built a portion of the channel at his cost to transmit his flow into the F216 regional detention system. This flow is currently acting as in-line retention and will be capable of discharging with the construction of this outfall. Should the Council desire to move forward with this project, funds would be re-allocated from Fund 050 Fund Balance to the proper project account. The fund balance for Fund 050 is approximately $1.1 million. Action Required: Consider approval or other action of a contract with Paskey Incorporated for the construction of the “D” Street Outfall Structure in the amount of $139,135.59, plus a 5% contingency of $6,956.78 for a total requested amount of $146,092.37. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date Reason #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf #15008 West D Drainage Improvements COMPLETE-REBID.pdf Bid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid NotificationBid Notification 2015-03-05 13:20:292015-03-05 13:20:292015-03-05 13:20:292015-03-05 13:20:262015-03-05 13:20:262015-03-05 13:20:292015-03-05 13:20:262015-03-05 13:20:292015-03-05 13:20:292015-03-05 13:20:292015-03-05 13:20:292015-03-05 13:20:29 Date Documents Invitation ClassificationClassificationClassificationClassificationClassificationClassificationClassificationClassificationClassification Invitation Report InvitedInvitedInvited Access Report Most Recent Access 2015-03-09 04:19 AM CDT2015-03-17 09:51 AM CDT2015-03-18 05:57 AM CDT2015-03-08 11:24 PM CDT2015-03-11 08:44 AM CDT2015-03-18 01:45 PM CDT2015-03-17 12:05 AM CDT2015-03-19 01:12 AM CDT2015-03-19 09:50 AM CDT2015-03-19 01:53 AM CDT2015-03-12 06:17 AM CDT2015-03-16 10:02 AM CDT2015-03-10 05:56 PM CDT 2015-03-06 08:41 AM CST2015-03-07 02:49 AM CST2015-03-05 02:51 PM CST Business Type City of La Porte (TX)City of La Porte (TX) Accessed First Time 2015-03-09 04:19 AM CDT2015-03-08 11:24 PM CDT2015-03-11 08:44 AM CDT2015-03-18 01:44 PM CDT2015-03-11 03:40 AM CDT2015-03-12 06:16 AM CDT2015-03-10 05:55 PM CDT 2015-03-05 02:10 PM CST2015-03-05 04:08 PM CST2015-03-06 08:41 AM CST2015-03-05 10:11 PM CST2015-03-05 04:05 PM CST2015-03-06 01:24 AM CST2015-03-06 02:16 AM CST2015-03-07 02:49 AM CST2015-03-05 02:51 PM CST State 1500815008 TXTXTXTXTXTXTXTXTXTXTXTX North America Procurement Council texas concrete and demolition, inc. CPR SERVICES & SUPPLIES, INC The Blue Book Building & Construction Networkaztec remodeling &landscaping company All Pro General Construction, Inc. R J Construction Company, Inc SJ&J CONSTRUCTION, LLCSJ&J CONSTRUCTION, LLC Tukmol General Contractor Longhorn Excavators, Inc. Vendor NameVendor Name Perkens WS Corporation D & W Contractors Inc.D & W Contractors Inc. Teamwork Cnstruction Follis Construction Inc iSqFt and Houston AC Paskey IncorporatedPaskey Incorporated Hearn Company Bid NumberBid Number JDC Services 3J Ryan, Inc. Webber, LLC Bid TitleBid Title Acme Inc AgencyAgency BidClerk D Davila Bidtool Onvia REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM April 13, 2015April 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Patrice Fogarty Patrice Fogarty Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Ordinance No. 3274 establishes procedures for City Council meetings.  Among other things, it provides that Ordinance No. 3274 establishes procedures for City Council meetings.  Among other things, it provides that regular Council meetings are held on the second and fourth Monday of each month.  It further provides that when regular Council meetings are held on the second and fourth Monday of each month.  It further provides that when a Council meeting falls on a legal or national holiday, a Council meeting falls on a legal or national holiday, ““such meeting shall be held on such other date as determined such meeting shall be held on such other date as determined by Council.”   May 25, 2015, is the second meeting in May. It is also the Memorial Day holiday; and City Hall is closed.  Staff May 25, 2015, is the second meeting in May. It is also the Memorial Day holiday; and City Hall is closed.  Staff thth requests Councilrequests Council’’s determination regarding the May 25s determination regarding the May 25 meeting, as follows:    meeting, as follows:    Reschedule the May 25, 2015, Council meeting; OR Reschedule the May 25, 2015, Council meeting; OR Cancel the May 25, 2015, Council meeting due to the Memorial Day holiday. Cancel the May 25, 2015, Council meeting due to the Memorial Day holiday.  Should Council decide to cancel the May 25 meeting and the need arises to conduct business, a special called  Should Council decide to cancel the May 25 meeting and the need arises to conduct business, a special called meeting would be scheduled.meeting would be scheduled. Action Required of Council:Action Required of Council: Consider approval or other action regarding the May 25, 2015, Council meeting as follows:Consider approval or other action regarding the May 25, 2015, Council meeting as follows: Reschedule the May 25, 2015, meeting due to the Memorial Day holiday; or Reschedule the May 25, 2015, meeting due to the Memorial Day holiday; or Cancel the May 25, 2015, meeting due to the Memorial Day holiday. Cancel the May 25, 2015, meeting due to the Memorial Day holiday. 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 April 13, 2015April 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Dave Mick Dave Mick Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Public Works Public Works Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Related Policy Background Documents1. Related Policy Background Documents 2. Review of Systems for Restaurant Waste 2. Review of Systems for Restaurant Waste Water 3. City Survey3. City Survey 4. 1200 mg/1 BOD TAC Design Reference4. 1200 mg/1 BOD TAC Design Reference 5. Options 1,2,3 Surcharge Snapshot5. Options 1,2,3 Surcharge Snapshot 6. Model TCEQ Ordinance6. Model TCEQ Ordinance SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS This is a continuation of the February 9, 2015 Industrial Waste Ordinance formula discussion.   City Council asked This is a continuation of the February 9, 2015 Industrial Waste Ordinance formula discussion.   City Council asked staff to consider and report on the following: staff to consider and report on the following:   1. What is the potential for higher strength restaurant effluent to trigger the need for another What is the potential for higher strength restaurant effluent to trigger the need for another treatment plant expansion?treatment plant expansion? The waste water treatment plant operates significantly better than EPA design values predict.  This is due The waste water treatment plant operates significantly better than EPA design values predict.  This is due to good policy decisions made by the city over the past several decades and the continuing efforts of the to good policy decisions made by the city over the past several decades and the continuing efforts of the personnel responsible for operating the treatment plant.  In theory it is true higher BOD with higher flows personnel responsible for operating the treatment plant.  In theory it is true higher BOD with higher flows could dictate a need for a future plant expansion, or at least the need to run the plant expansion area could dictate a need for a future plant expansion, or at least the need to run the plant expansion area constructed in 2008 more often at the cost of $13,000/month in increased electric fees.  However, after constructed in 2008 more often at the cost of $13,000/month in increased electric fees.  However, after comparing the plant performance with the theoretical plant design, staff is confident that there will be no comparing the plant performance with the theoretical plant design, staff is confident that there will be no future need to expand the wastewater treatment plant.  That is barring a change in environmental future need to expand the wastewater treatment plant.  That is barring a change in environmental regulations or an increase in service area. regulations or an increase in service area.  2. Concern that the current surcharge formula is not business friendly.  Concern that the current surcharge formula is not business friendly.    A portion of a report titled A portion of a report titled ““Review of Systems for Restaurant Wastewater PretreatmentReview of Systems for Restaurant Wastewater Pretreatment””prepared for the prepared for the Texas OnTexas On--Site Wastewater Treatment Research Council is attached.  The report suggests that a number of Site Wastewater Treatment Research Council is attached.  The report suggests that a number of cities in the state utilize an approach similar to La Portecities in the state utilize an approach similar to La Porte’’s including surcharging restaurants as part of their s including surcharging restaurants as part of their industrial waste program.  That said, most municipalities locally do not surcharge restaurants.  And there industrial waste program.  That said, most municipalities locally do not surcharge restaurants.  And there are municipalities that do have the ability to surcharge restaurants by ordinance but elect not to do so are municipalities that do have the ability to surcharge restaurants by ordinance but elect not to do so perhaps with this same perhaps with this same ““business friendlybusiness friendly””consideration in mind.   (A survey of other municipalities is also consideration in mind.   (A survey of other municipalities is also attached.) attached.)  Options 2, 3 and 4 below are all more business friendly approaches to the current option. Options 2, 3 and 4 below are all more business friendly approaches to the current option.  3. Should the city or restaurants test more frequently?Should the city or restaurants test more frequently?   The current ordinance provides for testing once a year.  However, city staff does occasionally retest to validate The current ordinance provides for testing once a year.  However, city staff does occasionally retest to validate results that seem out of range, and staff also allows for the restaurant to retest at the discretion of restaurant results that seem out of range, and staff also allows for the restaurant to retest at the discretion of restaurant management.     There is a contract and administrative cost for both the city and the restaurant associated with each test.  The There is a contract and administrative cost for both the city and the restaurant associated with each test.  The contract cost for a grab sample is approximately $75 contract cost for a grab sample is approximately $75 ––100 (the cost is typically higher if the restaurant is testing).  100 (the cost is typically higher if the restaurant is testing).  A composite sample runs 200% A composite sample runs 200% -- 300% the cost of a grab sample.  Staff is proposing to run a composite sample 300% the cost of a grab sample.  Staff is proposing to run a composite sample on those businesses that historically have had a higher grab sample result.  The composite sample tests will likely on those businesses that historically have had a higher grab sample result.  The composite sample tests will likely come in lower than the grab sample results to the benefit the restaurant.  Staffcome in lower than the grab sample results to the benefit the restaurant.  Staff’’s recommendation is to test at least s recommendation is to test at least once a year and more frequent as determined by the business owner (at the owneronce a year and more frequent as determined by the business owner (at the owner’’s expense) and staff (at the s expense) and staff (at the city’s expense) to validate results as needed.    s expense) to validate results as needed.      1. Should the city require quarterly septic tank pumps?  Should the city require quarterly septic tank pumps?    The attached TCEQ model ordinance suggests quarterly pumping and some municipalities have adopted this The attached TCEQ model ordinance suggests quarterly pumping and some municipalities have adopted this model.  Over 60% of the restaurants in the city already pump quarterly.  Each restaurant is unique in terms model.  Over 60% of the restaurants in the city already pump quarterly.  Each restaurant is unique in terms of process and equipment.  of process and equipment.  Quarterly pumps are not always necessary nor are they always sufficient.  Quarterly pumps are not always necessary nor are they always sufficient.  Staff is proposing a resultsStaff is proposing a results--based approach to determining the required pumping frequency.  If the total based approach to determining the required pumping frequency.  If the total solids (TSS) is greater than 400 mg/l solids (TSS) is greater than 400 mg/l and and the facility is pumping less often than quarterly, the restaurant the facility is pumping less often than quarterly, the restaurant would be required to increase the pumping frequency.  When the oil and grease effluent test results are would be required to increase the pumping frequency.  When the oil and grease effluent test results are greater than 100 mg/l the restaurant would be required to increase their pumping frequency, repair, or greater than 100 mg/l the restaurant would be required to increase their pumping frequency, repair, or modify their pretreatment design as appropriate.    modify their pretreatment design as appropriate.     2. Options other than the including restaurants in the industrial waste ordinance.  Options other than the including restaurants in the industrial waste ordinance.    A copy of the TCEQ model ordinance is attached.  This is the model most commonly applied by other A copy of the TCEQ model ordinance is attached.  This is the model most commonly applied by other municipalities.  With the TCEQ model the utility is in the position of proving that a particular restaurant municipalities.  With the TCEQ model the utility is in the position of proving that a particular restaurant created a blockage.   Public Workcreated a blockage.   Public Work’’s primarily consideration when a sewer is clogged is removing the s primarily consideration when a sewer is clogged is removing the blockage as quickly as possible.  Also with the TCEQ approach, a particular restaurant may be scrutinized blockage as quickly as possible.  Also with the TCEQ approach, a particular restaurant may be scrutinized more closely than others because of its location more so than its pretreatment results.  In La Porte, a more closely than others because of its location more so than its pretreatment results.  In La Porte, a restaurant on located on Main Street with older, smaller diameter sewers and low flows can plug a sanitary restaurant on located on Main Street with older, smaller diameter sewers and low flows can plug a sanitary sewer where the same restaurant discharging the same effluent directly to a 60sewer where the same restaurant discharging the same effluent directly to a 60--inch sanitary sewer on inch sanitary sewer on Fairmont Parkway will not.  Options 2 and 3 considers each food establishment in the same manner. Fairmont Parkway will not.  Options 2 and 3 considers each food establishment in the same manner.  3. The ordinance should be applied to all facilities. The ordinance should be applied to all facilities.   Agreed.  Staff will apply the ordinance equally to all establishments that have pretreatment facilities including Agreed.  Staff will apply the ordinance equally to all establishments that have pretreatment facilities including grease traps.    1. Would it be less expensive to treat the higher strength effluent at the treatment plant than Would it be less expensive to treat the higher strength effluent at the treatment plant than spending the time with each individual restaurant?spending the time with each individual restaurant?   As stated in 2) above, the city is required to staff and fund the industrial pretreatment program.  Staff is As stated in 2) above, the city is required to staff and fund the industrial pretreatment program.  Staff is considering approaches such as contract testing and franchising the septic tank pumps with the goal of reducing considering approaches such as contract testing and franchising the septic tank pumps with the goal of reducing staff time in administering the program.  (Option 3 or Option 4 would also reduce staff administrative time.)  staff time in administering the program.  (Option 3 or Option 4 would also reduce staff administrative time.)  However, whether inHowever, whether in--house or contracted, there is a cost associated with these activities along with review and house or contracted, there is a cost associated with these activities along with review and administrative responsibilities for city staff.   And while the current conversation pertains primarily to restaurants, administrative responsibilities for city staff.   And while the current conversation pertains primarily to restaurants, the Industrial Waste Inspector position responsibilities include considerations with other industry groups as well.  the Industrial Waste Inspector position responsibilities include considerations with other industry groups as well.  These responsibilities will increase in the future with additional environmental regulations.   The latest example is These responsibilities will increase in the future with additional environmental regulations.   The latest example is new pretreatment requirements for dental offices coming soon from the USEPA and TCEQ.  new pretreatment requirements for dental offices coming soon from the USEPA and TCEQ.    Options     No changes to the Industrial Waste Ordinance or its application to restaurant surcharges.    No changes to the Industrial Waste Ordinance or its application to restaurant surcharges.  Option 1 -   Modify the Industrial Waste Formula as it is applied to restaurants (only) to fix the O/M variable at Modify the Industrial Waste Formula as it is applied to restaurants (only) to fix the O/M variable at Option 2 -  $0.64/1000 gallons.  The current O/M value is $1.29/1000 gallons.  The current restaurant surcharges would be $0.64/1000 gallons.  The current O/M value is $1.29/1000 gallons.  The current restaurant surcharges would be reduced by half.  This is the option presented in the February 9 meeting.  reduced by half.  This is the option presented in the February 9 meeting.    Increase the Biological Oxygen Demand (BOD) threshold for assessing a surcharge from 250 mg/l to Increase the Biological Oxygen Demand (BOD) threshold for assessing a surcharge from 250 mg/l to Option 3 - 1200 mg/l and increase the Total Suspended Solids (TSS) threshold from 300 mg/l to 400 mg/l.  This has the effect 1200 mg/l and increase the Total Suspended Solids (TSS) threshold from 300 mg/l to 400 mg/l.  This has the effect of decreasing the number of restaurants surcharged by twoof decreasing the number of restaurants surcharged by two--thirds, greater reduction is possible with composite thirds, greater reduction is possible with composite samples, and significantly reduces the surcharge amounts for those restaurants that are discharging above the samples, and significantly reduces the surcharge amounts for those restaurants that are discharging above the increased BOD/TSS limits.  Council may want to consider an increase in permit fees with this option.  Surcharges increased BOD/TSS limits.  Council may want to consider an increase in permit fees with this option.  Surcharges would total $15,000 or less annually would total $15,000 or less annually ––a decrease $70,000/year.  a decrease $70,000/year.    A grease trap ordinance similar to the TCEQ model ordinance attached.  Surcharges would be A grease trap ordinance similar to the TCEQ model ordinance attached.  Surcharges would be Option 4 -   replaced with fines for creating blockages in the lines.  As in Option 3, city council may want to consider an replaced with fines for creating blockages in the lines.  As in Option 3, city council may want to consider an increase in permit fees with this option.  increase in permit fees with this option.    Council may want to consider an increase of permit fees to the SIUCouncil may want to consider an increase of permit fees to the SIU’’s (truck washes) with any of these options.  s (truck washes) with any of these options.        Staff RecommendationsStaff Recommendations   Options 2, 3 or 4 as determined by city council.Options 2, 3 or 4 as determined by city council. Allow for the option of composite sampling over time for higher strength effluent.  Continue with once a Allow for the option of composite sampling over time for higher strength effluent.  Continue with once a year testing provided that the city utility personnel and the restaurant management are satisfied that the year testing provided that the city utility personnel and the restaurant management are satisfied that the results are representative. results are representative.  Require increased pumping frequency or pretreatment redesign/enhancement with oil/grease results greater Require increased pumping frequency or pretreatment redesign/enhancement with oil/grease results greater than 100 mg/l. than 100 mg/l.  The policy/ordinance will apply to all food service establishments required to operate a pretreatment facility The policy/ordinance will apply to all food service establishments required to operate a pretreatment facility including grease traps/tanks. including grease traps/tanks.  Staff will continue to consider approaches to reduce staff time associated with the program. Staff will continue to consider approaches to reduce staff time associated with the program.    Moving Forward:Moving Forward:   Staff will draft an ordinance implementing changes desired by city council.  Some of these changes may require Staff will draft an ordinance implementing changes desired by city council.  Some of these changes may require consideration by TCEQ before the new ordinance is considered by city council. If the proposed changes include consideration by TCEQ before the new ordinance is considered by city council. If the proposed changes include reduced surcharge rates, council may wish to provide additional direction with the surcharge amounts to be reduced surcharge rates, council may wish to provide additional direction with the surcharge amounts to be charged in the interim.    charged in the interim.    Action Required of Council:Action Required of Council: Receive update from staff and provide direction.Receive update from staff and provide direction. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate No, written into their permits for enforcement Mandatory Cleaning Frequency Quarterly < annually 3 months3 months 90 days Yes NoNoNoNoNoNoNo # Basically the same wording as La Porte's wording in the IW Ordinance, subject to interpretation FOG only BOD/TSS Sampled COD YesYesYesYesYesYesYes NoNoNoNoNo Surcharged? Rst YesYesYesYesYesYesYesYes NoNoNoNoNoNo "as applicable" - these ordinances do not have actual formulas, just the wording * Galveston removed surcharges from their ordinance - reserved section now O&G limit Rst in IW Ord Yes NoNoNoNoNoNo ###### 250 / 250300 / 400250 / 100240 / 240200 / 150250 / 250250 / 300200 / 200 / 250 200/300 BOD/TSS NA approved program YYYYYYYYYY NNNN $1000 $1-9,000 permit fee $125.00 $25.00 100/Y120/Y120/Y $0.00 NANANANANA ? up to 100,000 gals $592-649$317-440 $2,900.00$2,550.00 sewer rate $388.40$462.00$398.33$488.50$311.00$232.05 South Houston League City Sugar Land Beaumont Texas City Galveston Deer Park Pasadena Pearland Baytown La Porte Victoria Sequin AustinDallas Њ͵ЋБЏЉВЉ͵ЏЍЉЉЉЊ͵ЋБЏЉВ hεa CğĭƷƚƩ r o January t charge @ 1200 BOD Ave c a Facility 2015 f 0.64 O&M400 TSS Water BODTSS Option 1Option 2Option 3 Quiznos$32.91$16.38 8781457.287 Bullritos $79.26$39.44 54824228.116 $63.93$31.81 Morning's Kolaches 8848314.058 Donut Hole $75.11$37.37$15.65 23252026.279 $122.82$61.11$33.02 Casa Anita's 901604.117.000 Dawn Donuts $70.66$35.16$14.72 1616798.500 $17.31$8.61 Subway 3961238.500 Kroger Bakery-East GT B$104.20$51.85 60610233.424 $128.44$63.92 Kroger Meat -West GT A 74710733.424 Las Hadas $135.15$67.26$29.86 94847519.550 $32.82$16.33 Papa John's 5203667.732 Amlani Enterprises / Burritos $20.15$9.91 6301846.216 Express #1 $414.26$206.15 Antonio's 113320871.074 $170.21$84.70$35.46 Asian Wok 155711121.250 Baytown Seafood$34.45$17.15 33339.923.641 Brewingz Sports Grill NEW Broadway Café - Ogarrio$57.04$28.39$42.78 9104012.793 Burger King $109.87$54.68 115019918.573 $225.76$112.35 Carl's Jr 70030645.953 Chili's #1414$347.89$173.12 66369.2102.000 Retest Chinese Wok 3900177040.715 Chinese Wok$ 75.82 $ 37.73 395037.315 Dairy Queen $ 53.07 $ 26.41 3856726.796 Denny's Restaurant $ 727.89 $ 362.22$ 126.84 135131787.603 Dominos Pizza # 1 (Spncr) 1510.215.406 Dominos Pizza # 2 (Fmt) 12.614.217.106 Donut Factory 1405.36.800 El Ranchero$ 78.26 $ 38.94 11309513.462 Њ͵ЋБЏЉВЉ͵ЏЍЉЉЉЊ͵ЋБЏЉВ hεa CğĭƷƚƩ r o January t charge @ 1200 BOD Ave c a Facility 2015 f 0.64 O&M400 TSS Water BODTSS Option 1Option 2Option 3 El Toro$ 312.18 $ 155.35$ 65.04 143026542.436 $ 818.33 $ 407.23$ 170.49 Gringo's Restaurant 128788123.601 Jack in the Box #3693 (146)$ 22.99 $ 11.44 36220612.3 Jack in the Box #4733 (Fmt)$ 212.08 $ 105.53$ 44.18 130222531.663 Jack's Supermarket$ 41.80 $ 20.80 92449.38.794 KFC/Pizza Hut$ 121.86 $ 60.64 93617525.309 $ 502.14 $ 249.88$ 134.37 King's BBQ 2922430.829.750 $ 83.49 $ 41.55 La Porte Care Center 62621525.925 $ 79.99 $ 39.81 Le Chi Bakery 4145637.556 $ 116.57 $ 58.01 Lion King Trucking 65311834.701 $ 109.40 $ 54.44 Main 101 931152.822.844 $ 29.62 $ 14.74 Mainly Drinks 2999.519.260 $ 309.22 $ 153.88$ 122.15 Mamma Mia's 1635103224.091 $ 211.71 $ 105.35 McDonald's 65635243.350 Mesquite Grill - Taqueria NL $ 120.79 $ 60.11$ 55.45 176518257.146 (Valero) $ 20.65 $ 10.28 NuQT 3878510.375 $ 153.79 Parson's House$ 309.03 81532855.20 $ 72.06 $ 35.86 Pizza Hut 6009723.343 $ 138.07 $ 68.71 Popeyes 63513342.266 $ 278.33 $ 138.46$ 48.48 Port Café 164038527.583 $ 34.75 $ 17.02 Power Mart #14 - Taco Bravo 73551.89.191 City Test Sairam's Catering 17.87.315.520 Schlotzsky's NEW $ 20.36 $ 10.13 Sens Food Mart (Valero) 11930615.520 $ 173.64 $ 86.41$ 36.18 Shipley Donuts 39961418.447 Њ͵ЋБЏЉВЉ͵ЏЍЉЉЉЊ͵ЋБЏЉВ hεa CğĭƷƚƩ r o January t charge @ 1200 BOD Ave c a Facility 2015 f 0.64 O&M400 TSS Water BODTSS Option 1Option 2Option 3 Sonic Drive #3379$ 323.89 $ 161.18$ 84.91 343045416.533 $ 652.07 $ 324.49$ 198.43 Southern Kountry Kitchen 157940866.052 $ 110.09 $ 54.78$ 44.48 Super Deli 131489210.402 $ 89.96 $ 44.76 Taco Bell 74316523.534 City Test Tony's - Texas Grill 16411024.161 $ 289.33 $ 143.98$ 60.28 Tortilla's 186325730.189 $ 264.85 $ 131.80$ 71.70 Triangulo Meat Market 281744016.171 Tutti Frutti 57.545 <24.5 Village In Pizza and Seafood$ 18.71 $ 9.31 5071367.172 $ 136.26 $ 67.81 Waffle House #1207 100027126.488 $ 281.99 $ 140.33$ 50.50 Whataburger #513 119044835.063 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM April 13, 2015April 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Corby Alexander Corby Alexander Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Letter to Judge Emmett1. Letter to Judge Emmett 2. Buyout Lot Map2. Buyout Lot Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS There have been 44 lots bought out in Brookglen as a result of the FEMA study that evaluated repetitive losses There have been 44 lots bought out in Brookglen as a result of the FEMA study that evaluated repetitive losses within the neighborhood.  These lots, once acquired by Harris County Flood Control District (HCFCD), have within the neighborhood.  These lots, once acquired by Harris County Flood Control District (HCFCD), have become an on-going maintenance concern and have not been properly maintained by HCFCD.  going maintenance concern and have not been properly maintained by HCFCD.   Staff sent the attached letter to Judge Ed EmmettStaff sent the attached letter to Judge Ed Emmett’’s office requesting assistance to encourage HCFCD to s office requesting assistance to encourage HCFCD to maintain the properties.  maintain the properties.   Staff would like to receive additional direction from the Council regarding the next steps.  Staff would like to receive additional direction from the Council regarding the next steps.  Action Required of Council:Action Required of Council: Receive direction from the Council regarding maintenance of the Brookglen Buy Out lots.Receive direction from the Council regarding maintenance of the Brookglen Buy Out lots. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate May 15, 2014 The Honorable Ed Emmett County Judge, Harris County 1001 Preston, Suite 911 Houston, Texas 77002 Reason: Maintenance of Harris County Flood Control Properties in La Porte, Texas Dear Judge Emmett, The City of La Porte has a very Court. We are extremely concerned about the level of maintenance of properties purchased by the Harris County Flood Control District (HCFC). After securing funding from t(FEMA) hazard mitigation program, HCFC has purchased approximately 47 properties in La Porte. The goal has been to reduce/eliminate homes experiencing repetitive losses due to flooding. All of the properties are located in the La Porte Brookglen neighborhood, which is well established and has home values beginning at $150,000. Brookglen also has a very active home owners association that takes great pride in protecting the look and feel of the neighborhood. After HCFC purchased these home sites, existing structures were demolished leaving vacant lots. Unfortunately, (like all real estate) the vacant lots still require the appropriate level of maintenance. To date, HCFC has yet to consistently maintain those lots in a manner prescribed by local codes. Frequently, these lots are in violation of local code regulation (ie grass and weeds are too tall). While more frequent mowing of the vacant lots would be an obvious solution, there are other potential options including (but not limited to) planting slow growing grasses. However, efforts to discuss these options with HCFC have proved to be fruitless. Below is an excerpt from the FEMAs Hazard Mitigation Assistance Unified Guidance: Operations and Maintenance Plan FEMA will only consider for funding HMGP and PDM wildfire projects for which (a) the application includes a draft operations and maintenance plan at the time of application, including information demonstrating that the requested wildfire project will be maintained to achieve the proposed hazard mitigation; and (b) a final operations and maintenance plan has been submitted to FEMA prior to performing any activities as part of the funded project and after the Grantee has affirmed that the plan is consistent with this policy, meets or exceeds local codes, and is in conformance with appropriate fire-related codes. Clearly the current maintenance level does not meet or exceed local codes. My observation is that HCFC has paradigm in which maintenance includes an inadequate number of mowing each year and that seems to be the extent of the efforts to maintain property. I believe that HCFC began this buyout program with the intention to improve the community. Unfortunately, the results have been a detriment to Brookglen. Consequently, the City of La Porte is seeking your support to find and execute a solution to the problem we face. I would be happy to discuss this matter further with you or the appropriate member of your staff. I await your response. Regards, Corby D. Alexander, Sr. City Manager Cc: The Honorable Jack Morman The Honorable Louis Rigby The Honorable Chuck Engelken Mr. Mike Talbott EXHIBIT "A" H.C.F.C.D. BUYOUTS IN BROOKGLEN SUBDIVISION (as of July 2014) 8810 8814 8818 3207 3211 8803 8807 8811 8815 3215 3219 8802 8814 8806 8818 8822 8711 8719 3315 8714 3319 3318 8806 8810 3327 8814 *3327 88188830 8826 3331 *3331 8815 8823 8831 8835 3335 *3335 3339 *3339 OAK HAVEN RD 3343 *3403 88268834 88148822 8806 *MAINTAINED BY CITY OF LA PORTE (UNDER SEPARATE CONTRACT) 1 inch = 200 feet Council Agenda Item April 13, 2015 9. (a) Receive report of Drainage and Flooding Committee Councilmember Clausen *********************************************************************************** Council Agenda Item April 13, 2015 9. (b) Receive report of the La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item April 13, 2015 April 13, 2015 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, April 16, 2015Planning and Zoning Commission Meeting, Thursday, April 16, 2015 • Council Budget Retreat, Saturday, April 18, 2015Council Budget Retreat, Saturday, April 18, 2015 • City Council Meeting, Monday, April 27, 2015City Council Meeting, Monday, April 27, 2015 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 11.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 or existing policies ––Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor RigbyEngelken and Mayor Rigby   12.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: ––Deliberations concerning the appointment, Deliberations concerning the appointment, Texas Government Code, Section 551.074Texas Government Code, Section 551.074 employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano, Municipal Court Judge.unless the officer or employee requests a public hearing: Denise Mitrano, Municipal Court Judge. 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 13.RECONVENERECONVENE session. session. 14.ADJOURNADJOURN ****************************************************************** ******************************************************************