HomeMy WebLinkAbout10-24-16 Regular Meeting of the La Porte City Council
LOUIS R. RIGBYCHUCK ENGELKENCHUCK ENGELKEN
MayorCouncilmember District 2Councilmember District 2
JOHN ZEMANEKDARYL LEONARD
Councilmember At Large ACouncilmember At Large ACouncilmember District 3Councilmember District 3
DOTTIE KAMINSKIDOTTIE KAMINSKIKRISTIN MARTIN
Councilmember At Large BCouncilmember At Large BCouncilmember District 4Councilmember District 4
DANNY EARPJAY MARTIN
Mayor Pro-TemCouncilmember District 5Councilmember District 5
Councilmember District 1Councilmember District 1 MIKE CLAUSEN
Councilmember District 6Councilmember District 6
CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 24, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October
24,
2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway,
La Porte,
Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are
subject to
action.
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Windell Gill, First Baptist Church.The invocation will be given by Windell Gill, First Baptist Church.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Jay Martin.The Pledge of Allegiance will be led by Councilmember Jay Martin.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)Proclamation Proclamation -- Municipal Court Week Municipal Court Week -- Mayor Rigby Mayor Rigby
(b)(b)Recognition Recognition Recognition Recognition ---- The City of La Porte 2016 Achievement of Excellence in Procurement Award The City of La Porte 2016 Achievement of Excellence
in Procurement Award The City of La Porte 2016 Achievement of Excellence in Procurement Award The City of La Porte 2016 Achievement of Excellence in Procurement Award --
Mayor RigbyMayor Rigby
(c)Recognition Recognition -- The City of La Porte Government Finance Officers Association Distinguished The City of La Porte Government Finance Officers Association Distinguished
Budget Presentation Award for Fiscal Year 2015 Budget Presentation Award for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(d)Recognition Recognition -- The City of La Porte Certificate of Achievement for excellence in Financial The City of La Porte Certificate of Achievement for excellence in Financial
Reporting for Fiscal Year 2015 Reporting for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(e)Recognition Recognition -- City of La Porte Outstanding Achievement in Popular Annual Financial Reporting City of La Porte Outstanding Achievement in Popular Annual Financial Reporting
for Fiscal Year 2015 for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(f)Recognition Recognition -- City of La Porte Traditional Finance Star and the Contract and Procurement City of La Porte Traditional Finance Star and the Contract and Procurement
Star Star -- Mayor Rigby Mayor Rigby
5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
6.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on October 10, 2016 Consider approval or other action regarding minutes of the meeting held on October 10,
2016
-- S. Harris S. Harris
(b)Consider approval or other action regarding a Resolution appointing one representative and Consider approval or other action regarding a Resolution appointing one representative and
one alternate to the Hone alternate to the H--GAC 2017 General Assembly and Board of Directors GAC 2017 General Assembly and Board of Directors -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding approval of a proposed settlement agreement to Consider approval or other action regarding approval of a proposed settlement agreement
to
resolve pending litigation: USOR Site Group PRP v. Texas A&M Contractors resolve pending litigation: USOR Site Group PRP v. Texas A&M Contractors -- C. Alexander C. Alexander
(d)Consider approval or other action regarding the purchase of vehicles by the La Porte Fire Consider approval or other action regarding the purchase of vehicles by the La Porte Fire
Control, Prevention and Emergency Medical Services District Control, Prevention and Emergency Medical Services District -- R. Nolen R. Nolen
(e)Consider approval or other action regarding purchase of fleet equipment from CAP Fleet Consider approval or other action regarding purchase of fleet equipment from CAP Fleet
Outfitters under Texas Buy Board Contract 430Outfitters under Texas Buy Board Contract 430--13 13 -- K. Adcox K. Adcox
(f)Consider approval or other action awarding Bid #16024 for ReConsider approval or other action awarding Bid #16024 for Re--Bid of Parks Mowing Bid of Parks Mowing - R.
EptingEpting
7.AUTHORIZATIONSAUTHORIZATIONS
(a)Consider approval or other action adopting an Ordinance establishing Drug Free Zones Consider approval or other action adopting an Ordinance establishing Drug Free Zones
and adopting a map illustrating the Drug Free Zone perimeters and adopting a map illustrating the Drug Free Zone perimeters -- K. Adcox K. Adcox
8.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION
(a)Discussion and possible action regarding construction of the Wharton Weems Blvd. entryway Discussion and possible action regarding construction of the Wharton Weems Blvd. entryway
monument monument -- T. Leach T. Leach
9.REPORTSREPORTS
(a)Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken
(b)Receive report regarding City of La Porte insurance coverage proposals Receive report regarding City of La Porte insurance coverage proposals -- M. Hartleib M. Hartleib
10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Zoning Board of Adjustment Meeting, Tuesday, October 25, 2016Zoning Board of Adjustment Meeting, Tuesday, October 25, 2016
City Council Meeting, Monday, November 14, 2016City Council Meeting, Monday, November 14, 2016
City Council Meeting, Monday, December 12, 2016City Council Meeting, Monday, December 12, 2016
La Porte Development Corporation Board Meeting, Monday, December 12, 2016La Porte Development Corporation Board Meeting, Monday, December 12, 2016
11.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of
communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific
factual
information or existing policies. Councilmembers J. Martin, K. Martin, Kaminski, Zemanek, Leonard, information or existing policies. Councilmembers J. Martin, K. Martin, Kaminski, Zemanek,
Leonard,
Engelken, Earp, Clausen and Mayor RigbyEngelken, Earp, Clausen and Mayor Rigby
12.ADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code (the Texas open meetings laws).Code (the Texas open meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte
will provide for reasonable
accommodationsfor persons attending public meetings. To better serve attendees, requests should be received accommodationsfor persons attending public meetings. To better serve attendees,
requests should be received
24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the October 24, 2016 , agenda of items to be considered by the City Council was posted on the City I certify that a copy of the October 24, 2016 , agenda of
items to be considered by the City Council was posted on the City
Hall bulletin board on October 19, 2016.Hall bulletin board on October 19, 2016.
Council Agenda Item Council Agenda Item
October 24, 2016 October 24, 2016
CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 24, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October
24,
2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway,
La Porte,
Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are
subject to
action.
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Windell Gill, First Baptist Church.The invocation will be given by Windell Gill, First Baptist Church.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Jay Martin.The Pledge of Allegiance will be led by Councilmember Jay Martin.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)Proclamation Proclamation -- Municipal Court Week Municipal Court Week -- Mayor Rigby Mayor Rigby
(b)Recognition Recognition -- The City of La Porte 2016 Achievement of Excellence in Procurement Award The City of La Porte 2016 Achievement of Excellence in Procurement Award -
Mayor RigbyMayor Rigby
(c)Recognition Recognition -- The City of La Porte Government Finance Officers Association Distinguished The City of La Porte Government Finance Officers Association Distinguished
Budget Presentation Award for Fiscal Year 2015 Budget Presentation Award for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(d)Recognition Recognition -- The City of La Porte Certificate of Achievement for excellence in Financial The City of La Porte Certificate of Achievement for excellence in Financial
Reporting for Fiscal Year 2015 Reporting for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(e)Recognition Recognition -- City of La Porte Outstanding Achievement in Popular Annual Financial City of La Porte Outstanding Achievement in Popular Annual Financial
Reporting for Fiscal Year 2015 Reporting for Fiscal Year 2015 -- Mayor Rigby Mayor Rigby
(f)Recognition Recognition -- City of La Porte Traditional Finance Star and the Contract and Procurement City of La Porte Traditional Finance Star and the Contract and Procurement
Star Star -- Mayor Rigby Mayor Rigby
****************************************************************** ******************************************************************
Achievement in Excellence in Procurement Award
The Purchasing division has received the 2016 Achievement of Excellence in Procurement
Award from the National Procurement Institute. This award is earned by organizations that
demonstrate excellence by obtaining a high score based on standardized criteria. The criteria
are designed to measure innovation, professionalism, e-procurement, productivity, and
leadership attributes of the procurement function. The City of La Porte is one of only 28
agencies in Texas and one of only 72 Cities in the United State to receive this award. The City
has received the award for three consecutive years.
Distinguished Budget Presentation Award
The Government Finance Officers Association of the United States and Canada (GFOA) is
pleased to announce that the City of La Porte has received the GFOA's Distinguished Budget
Presentation Award for its annual budget for the fiscal year beginning October 1, 2015. This is the
twenty-six (26th) consecutive year that the City has received this prestigious award. For budgets
including fiscal period 2016, approximately 1,550 participants have received the Award.
Theaward represents a significant achievement by the City. It reflects the commitment of the City
Council and staff to meeting the highest principles of governmental budgeting. In order to receive
the budget award, the City had to satisfy nationally recognized guidelines for effective budget
presentation. These guidelines are designed to assess how well the City's budget serves as (1) a
policy document; (2) a financial plan; (3) an operations guide, and (4) a communications device.
Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory
criteria within those categories, to receive the award.
GFOA is a nonprofit professional association serving approximately 18,700 government finance
professionals throughout North America. The GFOA's Distinguished Budget Presentation
Awards Program is the only national awards program in governmental budgeting.
City staff currently responsible for budget presentation include: City Manager's Office, Director of
Finance Michael Dolby, Treasurer Shelley Wolny and Accountant Gay Collins.
COMPREHENSIVE ANNUAL FINANCIAL REPORT CERTICATION
The Certificate of Achievement for excellence in Financial Reporting has been awarded to the
City of La Porte by the Government Finance Officers Association of the United States and
Canada (GFOA) for its annual comprehensive annual financial report (CAFR) for the fiscal year
2015. The City of La Porte has received this prestigious award for thirty-five consecutive years.
The Certificate of Achievement is the highest form of recognition in the area of governmental
accounting and financial reporting and its attainment represents a significant accomplishment
by a government and its management. The CAFR has been judged by an impartial panel to meet
the high standards of the program including demonstra
groups to read the CAFR. The GFOA is a nonprofit professional association serving
approximately 18,700 government finance professionals.
Comptroller Phyllis Rinehart and Finance Director Michael Dolby are primarily responsible for
the CAFR.
POPULAR ANNUAL FINANCIAL REPORT
The Government Finance Officers Association of the United States and Canada (GFOA) has
given an Award for Outstanding Achievement in Popular Annual Financial Reporting
to the City of La Porte for its Popular Annual Financial Report for the fiscal year ended
September 30, 2015. The Award for Outstanding Achievement in Popular Annual
Financial Reporting is a prestigious national award recognizing conformance with the highest
standards for preparation of state and local government popular reports.
In order to receive an Award for Outstanding Achievement in Popular Annual Financial
Reporting, a government unit must publish a Popular Annual Financial Report, whose
contents conform to program standards of creativity, presentation, understandability and
reader appeal.
An award for Outstanding Achievement in Popular Annual Financial Reporting is valid for a
period of one year only. The City of La Porte has received a Popular Award for the last four
consecuti
TRANSPARENCY STARS
The Texas Comptroller of Public Accounts launched the Transparency Stars program in March
to recognize cities, counties and school districts making important strides to greater
government transparency. Local government entities can apply for stars in the areas of:
Traditional Finances,
Contracts and Procurement,
Economic Development,
Public Pensions, and
Debt Obligations
The Transparency Stars program recognizes local governments for going above and beyond
transparency efforts by providing easy online access to important financial data.
The City of La Porte has obtained the traditional finance star and the contract and
procurement star.
Council Agenda Item Council Agenda Item
October 24, 2016 October 24, 2016
6.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on October 10, 2016 Consider approval or other action regarding minutes of the meeting held on October 10,
2016
-- S. Harris S. Harris
(b)Consider approval or other action regarding a Resolution appointing one representative and Consider approval or other action regarding a Resolution appointing one representative and
one alternate to the Hone alternate to the H--GAC 2017 General Assembly and Board of Directors GAC 2017 General Assembly and Board of Directors -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding approval of a settlement agreement to resolve Consider approval or other action regarding approval of a settlement agreement to resolve
pending litigation: USOR Site Group PRP v. Texas A&M Contractors pending litigation: USOR Site Group PRP v. Texas A&M Contractors -- C. Alexander C. Alexander
(d)(d)Consider approval or other action regarding the purchase of vehicles by the La Porte Fire Consider approval or other action regarding the purchase of vehicles by the La Porte Fire
Consider approval or other action regarding the purchase of vehicles by the La Porte Fire Consider approval or other action regarding the purchase of vehicles by the La Porte Fire
Control, Prevention and Emergency Medical Services District Control, Prevention and Emergency Medical Services District -- R. Nolen R. Nolen
(e)Consider approval or other action regarding purchase of fleet equipment from CAP Fleet Consider approval or other action regarding purchase of fleet equipment from CAP Fleet
Outfitters under Texas Buy Board Contract 430Outfitters under Texas Buy Board Contract 430--13 13 -- K. Adcox K. Adcox
(f)Consider approval or other action awarding Bid #16024 for ReConsider approval or other action awarding Bid #16024 for Re--Bid of Parks Mowing Bid of Parks Mowing - R.
EptingEpting
****************************************************************** ******************************************************************
LOUIS RIGBY
CHUCK ENGELKEN
Mayor
Councilmember District 2
JOHN ZEMANEK
DARYL LEONARD
Councilmember At Large A
Councilmember District 3
DOTTIE KAMINSKI
KRISTIN MARTIN
Councilmember At Large B
Councilmember District 4
DANNY EARP
JAY MARTIN
Mayor Pro-Tem
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 10, 2016
The City Council of the City of La Porte met in a regular meeting on Monday, October 10, 2016, at the City
Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following
items of business:
1. Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers
Engelken, Earp, J. Martin, K. Martin, Zemanek, Clausen, Leonard, and Kaminski. Also present were
Assistant City Secretary Sharon Harris, City Manager Corby Alexander, and Assistant City Attorney
Clark Askins.
2. INVOCATION The invocation was given by Clark Askins, Assistant City Attorney.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Mike Clausen.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be removed and considered separately.)
(a) Consider approval or other action regarding minutes of meeting held on September 26, 2016
P. Fogarty
(b) Consider approval or other action regarding change in City Council meeting dates for the
months of November and December due to holiday schedule P. Fogarty
(c) Consider approval or other action regarding an Ordinance vacating, abandoning and closing the
east/west alley in Block 185, Town of La Porte T. Leach
(d) Consider approval or other action authorizing the City Manager to sign an agreement for
participating in the Regional DWI Task Force K. Adcox
(e) Consider approval or other action regarding a Resolution authorizing the City Manager to sign
grant award for Speed and Intersection Traffic Control (STEP) Grant K. Adcox
Page 1 of 4
Oct. 10, 2016, Council Meeting Minutes
(f) Consider approval or other action approving purchase of Equipment & Vehicles using the
Houston-Galveston Area Council and Texas Local Government Cooperative Purchasing
methods for the Fiscal Year 2016-2017 Vehicle Replacement Program S. Valiante
Councilmember Engelken made a motion to approve the Consent Agenda items pursuant to staff
recommendations. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3654: AN
ORDINANCE VACATING, ABANDONING AND CLOSING THE EAST/WEST ALLEY IN BLOCK 185, TOWN OF
LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING
LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
6. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve a Special Conditional Use Permit (SCUP) for the construction of a
secondary dwelling unit for property located at 2711 Crescent Drive, La Porte; consider
approval or other action regarding an Ordinance to approve SCUP #16-91000003, to allow
development of one (1) secondary dwelling unit for property located at 2711Crescent Drive, La
Porte R. Cramer
The public hearing was opened at 6:03 p.m.
Planning Technician Ryan Cramer presented a summary.
There being no comments, the public hearing closed at 6:08 p.m.
Councilmember Leonard made a motion to approve an Ordinance approving SCUP
#16-91000003, allowing development of one (1) secondary dwelling unit for property located at
2711Crescent Drive, La Porte. Councilmember J. Martin seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3655: AN
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 16-91000003 FOR THAT CERTAIN TRACT OF LAND HEREIN
DESCRIBED, FOR THE PURPOSE OF ALLOWING DEVELOPMENT OF ONE (1) SECONDARY DWELLING
UNIT; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
7. AUTHORIZATIONS
(a) Consider approval or other action authorizing the Mayor to execute a Local Government Code
Chapter 380 Agreement between the City of La Porte and Ybarra Restaurants, Inc., for waiver
of payment of fees for closure of street right-of-way in connection with the construction of a new
El Toro Restaurant T. Leach
Assistant City Manager Traci Leach presented a summary and John Mayes the Director of
Operations of El Toro Mexican Restaurant addressed Council and provided additional information
regarding the building project.
Page 2 of 4
Oct. 10, 2016, Council Meeting Minutes
Councilmember J. Martin asked how many parking spots are required to accommodate over 400
patrons. Mr. Mayes advised he does not have the actual number of parking spots, and the parking
accommodations have met all code requirements based on the size of the restaurant. Councilmember
J. Martin asked what are the plans for the existing El Toro Restaurant on Main Street. Mr. Mayes
responded there are plans for a different restaurant concept.
Mayor Rigby asked the anticipated construction timeline. Mr. Mayes advised approximately one year for
construction.
Councilmember Zemanek made a motion to authorize the Mayor to execute a Local Government Code
Chapter 380 Agreement between the City of La Porte and Ybarra Restaurants, Inc., for waiver of
payment of fees for closure of street right-of-way in connection with the construction of a new El Toro
Restaurant. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0.
(b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a
th
portion of the North 25 Street right-of-way T. Leach
Assistant City Manager Traci Leach presented a summary.
Councilmember Zemanek made a motion to approve an Ordinance vacating, abandoning, and closing
th
a portion of the North 25 Street right-of-way. Councilmember Leonard seconded the motion. MOTION
PASSED UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3656: AN
TH
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 25 STREET RIGHT-
OF-WAY; AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding a matrix for Request for Proposals for collection
services of delinquent ad valorem taxes M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Earp made a motion approve the matrix for evaluation of proposals for future Request
for Proposals and directed Staff to bring the matrix back for review and approval. Councilmember
Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0.
9. REPORTS
(a) Receive presentation for Procurement Methods C. Daeumer
Purchasing Manager Cherell Daeumer presented a summary.
Mayor Rigby asked if quotes from City departments for $2,000-$24,999 are reviewed by the Purchasing
Department. Ms. Daeumer responded, yes; she advised there is a quote form used by departments;
and the forms are then reviewed by the Purchasing Department.
There were no additional questions from City Council.
Page 3 of 4
Oct. 10, 2016, Council Meeting Minutes
10. ADMINISTRATIVE REPORTS
There were no additional comments.
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information.
There were no comments from Councilmembers K. Martin; Kaminski; Engelken and Earp.
Councilmember Clausen commented the meeting was good; Councilmember J. Martin thanked
Purchasing Manager Cherell Daeumer for her presentation and commented he attended the Texas
Municipal League Conference last week, and he enjoyed the opportunity; Councilmember Zemanek
wished Mike Fogarty, husband of City Secretary Patrice Fogarty, a speedy recovery from his recent
surgeries; Councilmember Leonard congratulated El Toro Mexican Restaurant; and Mayor Rigby
th
commented he attended La Porte Independent School District 100 Anniversary Celebration and
advised it was well attended; he congratulated Tony Constanzo, La Porte firefighter for walking 24
hours on a treadmill in full bunker gear, and also commented he attended the Texas Municipal League
Conference last week; and he enjoyed the opportunity as well.
12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 6:46 p.m. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
_______________________________
Sharon Harris, Assistant City Secretary
Passed and approved on October 24, 2016.
________________________________
Mayor Louis R. Rigby
Page 4 of 4
Oct. 10, 2016, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
October 24, 2016October 24, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Patrice FogartyPatrice FogartySource of Funds:Source of Funds:
Requested By:Requested By:
City Secretary's OfficeCity Secretary's OfficeAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.ResolutionResolution
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
According to HAccording to H--GACGACs bylaws, the City is authorized to select one councilmember as a representative s bylaws, the City is authorized to select one councilmember as
a representative
and one as an alternate to the Hand one as an alternate to the H--GAC General Assembly and Board of Directors. HGAC General Assembly and Board of Directors. H--GACGACs bylaws s bylaws
stipulate that the representative is also the General Assembly delegate; and as such, is also designated stipulate that the representative is also the General Assembly delegate; and
as such, is also designated
to serve on Hto serve on H--GACGACs Board of Directors. s Board of Directors.
The 2017 designated representatives begin their terms of office the first of January. The 2017 designated representatives begin their terms of office the first of January.
The 2016 representative is Chuck Engelken, and the alternate is Jay Martin.The 2016 representative is Chuck Engelken, and the alternate is Jay Martin.
Both have indicated a willingness to serve again should Council name them.Both have indicated a willingness to serve again should Council name them.
Action Required of Council:Action Required of Council:
Consider approval or other action of a Resolution appointing one representative and one alternate to the Consider approval or other action of a Resolution appointing one representative
and one alternate to the
H-GAC 2017 General Assembly and Board of Directors.GAC 2017 General Assembly and Board of Directors.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
RESOLUTION NO. 2016-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLAPORTE,
TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO
THE HOUSTON-GALVESTON AREA COUNCIL 2017 GENERAL
ASSEMBLY AND BOARD OFDIRECTORS.
*
* * * * *
BEIT RESOLVED BY THE CITY COUNCIL OF THE CITY OFLA PORTE, TEXAS:
Section 1. That the following individuals beand are hereby selected as the
representative and alternate of the General Assembly of the Houston-Galveston Area
Council for the year 2017:
REPRESENTATIVE:__________________________
ALTERNATE:_______________________________
Section 2.That the hereinabove named representative and alternate are hereby
selected as the representative and alternate to the Board of Directors of the
Houston-Galveston Area Council for the year 2017.
Section 3. That the Executive Director of the Houston-Galveston Area Council
be notified of the selection of the hereinabove named representative andalternate.
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PASSED and ADOPTED this the 24 day of October,2016.
CITY OF LA PORTE, TEXAS
__________________________
By:
Louis R. Rigby
Mayor
ATTEST: APPROVED:
___________________ __________________________
Patrice Fogarty Clark T. Askins
Assistant City Attorney
City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 24, 2016
Source of Funds: General Fund Contingency
Requested By: Corby Alexander
Account Number: ______N/A__________
Department: City Manager
Amount Budgeted: _____N/A___________
Report: _ __Resolution: ____ Ordinance: ___
Amount Requested: $48,000__________
Budgeted Item: YES X NO
Exhibits:
Draft Settlement Agreement
List of Defendants
SUMMARY& RECOMMENDATION
At the August 8, 2016, City Council meeting, staff along with special legal counsel was directed to continue to
negotiate a possible settlement in the USOR Site Group PRP v. Texas A&M Contractor.
In short, the Site Group agreed to a settlement amount to $48,000. According to Mr. Bounds, the special attorney
representing the City of La Porte in this matter, this settlement appears in line with other settlements in this case. As
discussed, the proposed settlement is not a full and complete release of all potential claims. For example, if the
Environmental Protection Agency (EPA) is unhappy with the cleanup, the EPA may still sue the City. However, it
is Mr. Bounds’ opinion that the settlement agreement addresses all the major risks that might arise out of the cleanup
of the site to the City and its constituent entities. For example, the settlement agreement is not dependent upon any
disclosure of wastes shipped to the site. Since the site is closed, the City will not be responsible if additional wastes
from the City or EDC are identified (except to the extent that another party not a settling party is also responsible for
such wastes and does not settle with the USOR Site Group PRP)
Action Required by Council:
Consider approval or other action regarding approval of a settlement agreement to resolve pending
litigation: USOR Site Group PRP v. Texas A&M Contractors.
_____________________________________________________________________________________
Approved for City Council Agenda
____________________________________ _______________________
Corby Alexander, City Manager Date
SETTLEMENT AGREEMENT BETWEEN USOR SITE PRP GROUP
AND CITY OF LA PORTE, TEXAS
FOR THE USOR SITE
This agreement is made as of the date stated on the Execution Page between and among the parties
WHEREAS, the USOR Site PRP Group (as defined in Section 1.13 herein) has incurred and will
continue to incur response costs at the USOR Site (as defined in Section 1.11 herein) for the work required
under the Removal Action AOC (as defined in Section 1.6 herein) and the AOI-1 RI/FS AOC (defined in
Section 1.1 herein);
WHEREAS, the USOR Site PRP Group contemplates further negotiations with EPA with respect to
WHEREAS, the USOR Site PRP Group has asserted CERCLA (as defined in Section 1.2 herein) and
TSWDA (as defined in Section 1.10 herein) cost-recovery and contribution claims against City of La Porte,
Texas City of La Porte
costs with respect to the USOR Site in the case styled USOR Site PRP Group v. A&M Contractors, et al., No.
4:14-cv- herein);
WHEREAS, City of La Porte, pursuant to this Settlement Agreement, is paying a fixed and specific
sum to fully and completely settle its potential liability for Covered Matters at the USOR Site;
WHEREAS, the Settling Parties deny all liability at the USOR Site;
NOW, THEREFORE, in consideration of the foregoing, the Settling Parties mutually agree as follows:
1. Definitions.
As used in this Settlement Agreement, all defined terms shall have the meanings set forth below:
1.1 AOI-1 RI/FS AOC
-03-15, between the USOR
Site PRP Group and EPA related to a remedial investigation and feasibility study for the Area of Interest 1, the
400 North Richey Area of Investigation of the USOR Site.
1.2 CERCLA shall mean the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.
1.3.1 Covered Matters shall mean all claims against City of La Porte for the following:
(a) all past, present, and future costs of whatever nature (including expert and counsel fees,
EPA and any other federal and state agency oversight costs) incurred or to be incurred by the USOR Site PRP
Group, the United States, and the State of Texas, related to the investigation, remediation and/or restoration of
the USOR Site, including, without limitation, for Response Costs;
June 6, 2016
(b) all future Response Costs of the USOR Site PRP Group arising from Future Orders at the
USOR Site; and
(c) third-
of the Removal Action AOC, AOI-1 RI/FS AOC or any Future Orders conducted at the USOR Site.
(d) claims by any USOR Site PRP Group member, including but not limited to Effective
Environmental, Inc. against City of La Porte for contractual indemnity, breach of contract, and/or breach of
warranty.
1.3.2 Covered Matters shall not mean:
(a) any claim or liability relating to the enforcement of this Settlement Agreement;
(b) claims for toxic torts, personal injury or property damage claims by third-party entities
who are not Settling Parties;
(c) criminal liability;
(d) liability of the Settling Parties based upon their ownership or operation of the USOR Site,
or upon the transportation, treatment, storage, or disposal, or the arrangement for the transportation, treatment,
storage, or disposal, of a hazardous substance or a solid waste at or in connection with the USOR Site, after
signature of this Settlement Agreement;
(e) liability for claims of any nature related to any facility other than the USOR Site;
(f) any claims resulting from City of La Porteviolation of any order issued pursuant to
CERCLA or the TSWDA, other than any Future Orders; and
(g) claims by any third party, other than USOR Site PRP Group members and Settling
Parties, against City of La Porte for contractual indemnity or related to City of La Porteactual or alleged
insurers.
1.4 EPA shall mean the United States Environmental Protection Agency.
1.5 Future Orders shall mean an order of EPA or any other federal or state agency that
requires any response actions to the extent such response actions address any hazardous substances or other
pollutants discharged or disposed of at the USOR Site prior to the date of the Removal Action AOC.
1.6 Removal Action AOC
-10-11.
1.7 Response Costs shall mean removal and remedial response costs; costs of operation,
maintenance and monitoring of any removal or remedial action; oversight costs; and any other costs of
complying with the Removal Action AOC, AOI-1 RI/FS AOC or any Future Orders.
2
1.8 Settlement Amount shall mean that total amount listed in Section 4.1, which has been
agreed upon between the USOR Site PRP Group and City of La Porte to fully resolve City of La Porte
liability with respect to Covered Matters at the USOR Site.
1.9 Settling Parties shall mean the USOR Site PRP Group and City of La Porte.
1.10 TSWDA shall mean the Texas Solid Waste Disposal Act, Tex. Health & Safety Code
Ann. § 361.001 et seq.
1.11 USOR Site shall mean the U.S. Oil Recovery Superfund Site, which encompasses
approximately 18 acres and consists of two separate properties located at the former U.S. Oil Recovery facility
at 400 N. Richey Street and the MCC Recycling facility at 200 N. Richey Street, respectively, in the City of
Pasadena, Harris County, Texas, as well as any area where hazardous substances that migrated from the USOR
Site have come to be located.
1.12 USOR Site Case shall mean the case pending in the United States District Court for the
Southern District of Texas, Houston Division, styled USOR Site PRP Group v. A&M Contractors, et al., No.
4:14-cv-02441 (S.D. Tex.).
1.13 USOR Site PRP Group shall mean the entities identified on Exhibit A to this Settlement
Agreement, and their respective owners, shareholders, officers, directors, employees, predecessors, successors,
affiliates, agents and assigns, whether pursuant to contract, by operation of law, or otherwise, in their own right,
and as assignees of all entities who have or will assign their CERCLA and TSWDA cost-recovery and
contribution rights to the USOR Site PRP Group.
1.14 City of La Porte shall mean City of La Porte, Texas including without limitation the City
of La Porte Economic Development Corporation and any other entity created by the City, and the past, present
and future boards, bureaus, departments, agencies, instrumentalities, districts, authorities, officers, directors,
members, employees, successors, predecessors, agents, and assigns, whether pursuant to election, appointment,
contract, by operation of law, or otherwise of the City and such entities; however, City of La Porte does not
include any other defendants named in the USOR Site Case.
2. Purpose.
The terms of this Settlement Agreement shall control the manner and means by which the Settling
Parties will settle claims and causes of action by and among each other at the USOR Site pursuant to CERCLA,
the TSWDA and federal and State common law, as to Covered Matters.
3. Nature of Settlement Agreement.
The Settling Parties acknowledge that the consideration tendered and received herein, the promises,
undertakings and agreements made, and the execution of this Settlement Agreement, are in compromise and
settlement of disputed claims and are not admissions of liability on the part of any of them, and that each of the
Settling Parties is willing to perform its obligations hereunder for the purpose of resolving their differences and
to avoid the burden and expense of protracted litigation relating to the Covered Matters. Neither this Settlement
Agreement, nor any performance hereunder by any Settling Party, shall create any rights on behalf of any other
person or entity not a party hereto. Notwithstanding the foregoing, this Settlement Agreement shall be fully
hing herein
3
shall be deemed to create a partnership or joint venture and/or principal and agent relationship between or
among the Settling Parties.
4. Payment by City of La Porte and Dismissal from USOR Site Case.
4.1 Payment by City of La Porte. In settlement of the Covered Matters, and in
consideration of the mutual undertakings and benefits in this Settlement Agreement, City of La Porte shall pay
the USOR Site PRP Group the sum of Forty-eight Thousand and No/100 Dollars ($48,000
Lowell Ave., Suite 520, Overland Park, KS 66210-2336, by October 24, 2016.
4.2 Payment Not Penalty. The payment made by City of La Porte is intended by the USOR
Site PRP Group to represent City of La Portealleged allocable share of USOR Site response costs and an
additional amount for orphan shares. Such payment by City of La Porte is not a penalty or monetary sanction.
4.3 Dismissal of City of La Porte from USOR Site Case. As soon as possible after receipt
of City of La Porte
Site PRP Group shall file the appropriate pleading in the USOR Site case to dismiss City of La Porte as a
defendant with prejudice. If another party in the USOR Site Case attempts to assert a CERCLA or TSWDA
claim against City of La Porte before or after City of La Porte is dismissed from the USOR Site Case, the
USOR Site PRP Group shall file the appropriate motion with the Court to bar any and all CERCLA and
TSWDA claims against City of La Porte in the USOR Site Case.
5. Releases, Assignments, and Covenants Not to Sue.
5.1 Releases and Covenant Not to Sue by and among the Settling Parties. Upon the
P Group releases, forever
discharges and covenants not to sue City of La Porte with respect to the Covered Matters. Upon effectiveness of
the release and covenant not to sue to be provided by USOR Site PRP Group, as described in the previous
sentence, City of La Porte covenants not to sue any USOR Site PRP Group member for contractual indemnity
or the USOR Site PRP Group or any other party, including any potentially liable party, the United States, the
State of Texas, and/or the County of Harris, Texas, for the recovery of costs related to the Covered Matters,
except in the event that City of La Porte is first sued or administratively pursued by any such third party.
Nothing herein precludes or restricts City of La Porte or the USOR Site PRP Group from asserting any claims at
any time against the other party that are not Covered Matters.
5.2 Effectiveness of Release. The release in Section 5.1 will be effective upon the USOR
City of La Porteunder Section 4.1 above
and will remain in effect as long as City of La Porte fulfills its other obligations under this Settlement
Agreement.
5.3 Reservations, Limitations. In construing the scope of the releases granted in Section 5.1
above, the following reservations and limitations shall apply:
(a) Nothing in this Settlement Agreement is intended to release the liability relating in any
way to the USOR Site of any person or private or public entity that is not a Settling Party under this Settlement
Agreement.
4
(b) The Settling Parties agree that compliance with the terms of this Settlement Agreement
and related agreements shall satisfy the claims of the Settling Parties against one another only for Covered
Matters and that the USOR Site PRP Group intends to reserve and pursue all claims and actions against non-
participants, including without limitation, all claims and actions assigned by City of La Porte pursuant to this
Settlement Agreement, and all other parties pursuant to other agreements.
(c) City of La Porte agrees that it is accepting responsibility for, and settling for, only the
persons and entities included in the definition of City of La Porte and not for any other defendant in the USOR
Site Case or any other person or entity.
(d) Each Settling Party expressly reserves the right to take such actions as against any other
Settling Party as may be necessary to enforce this Settlement Agreement.
5.4 Assignments. In consideration of the mutual undertakings and benefits in this Settlement
Agreement, City of La Porte hereby assigns to the USOR Site PRP Group any and all claims, defenses and
remedies of City of La Porte against any other persons or public or private entities arising out of Covered
Matters, except for past, present or future claims against any person or entity that is not a member of the USOR
PRP Group relating to insurance coverage or for contractual indemnity with respect to City of La Porte
alleged liability with respect to the USOR Site, and except for claims arising out of any failure, alleged or
actual, of the USOR Site PRP Group to comply with the terms of the Removal Action AOC, AOI-1 RI/FS
AOC, any Future Orders or this Settlement Agreement. The Settling Parties intend through this assignment to
enable the USOR Site PRP Group to recover fully as allowed by law against such parties. City of La Porte
agrees to provide such reasonable cooperation and assistance to the USOR Site PRP Group as is reasonably
necessary to effectuate the intent of this Section 5.4. City of La Porte shall neither have nor incur litigation costs
5.5 Claims or Actions. Claims for recovery of costs may only be asserted and actions
relating to the USOR Site for recovery of costs may only be filed by the USOR Site PRP Group, or its
individual members or assignees, who may seek to recover such response costs from persons or private or
public entities believed to be parties liable at the USOR Site pursuant to 42 U.S.C. §§ 9607(a), 9613, the
TSWDA, or common law.
6. Confidentiality of this Settlement Agreement and Shared Information.
(a) Each Settling Party agrees, to the extent permitted by law, that this Settlement
Agreement, its terms, and all shared information received from any other Settling Party or its counsel, technical
consultants, or counsel pursuant to this Settlement Agreement, shall be held in strict confidence by the receiving
Settling Party and by all persons to whom confidential information is revealed by the receiving Settling Party
pursuant to this Settlement Agreement, and that this Settlement Agreement, its terms, and such shared
information shall be used only in connection with conducting such activities as are necessary and proper to
carry out the purposes of this Settlement Agreement.
Not withstanding the forgoing, nothing contained in this Agreement shall prevent City of La Porte from
complying with its obligations under any applicable federal or state law to disclose documents or information,
including without limitation, any obligations under the Texas Government Code Chapter 552, also known as the
Texas Public Information Act, and any order or directive by the Texas Attorney General issued pursuant that
5
Act, and any other valid order, subpoena, directive or other instrument issued by or under the authority of a
federal or state court or other agency.
(b) The Settling Parties intend by this Section 6 to protect from disclosure the terms of this
Settlement Agreement and all confidential information and documents shared among any Settling Parties or
between any Settling Party and counsel retained by the USOR Site PRP Group or any technical consultant to the
greatest extent permitted by law regardless of whether the sharing occurred before execution of this Settlement
(c) The confidentiality obligations of the Settling Parties under this Section 6 shall remain in
full force and effect, without regard to whether actions arising out of the USOR Site are terminated by final
judgment, and shall survive any termination of this Settlement Agreement. The provisions of this Section 6 shall
not apply to information which is now or hereafter becomes public knowledge without violation of this
Settlement Agreement, which is sought and obtained from a Settling Party pursuant to applicable discovery
procedures and not otherwise protected from disclosure or which is required to be disclosed pursuant to any
applicable open records law.
(d) Information subject to the confidentiality provision of this Section 6 shall be governed for
purposes of admissibility in any later litigation by Rule 408, Compromise Offers and Negotiations, of the
Federal Rules of Evidence. Each Settling Party agrees that the purposes of the confidentiality provisions are to
prevent dissemination of the terms of this Settlement Agreement and shared information to persons who are not
parties to this Settlement Agreement and to restrict the admissibility of this Settlement Agreement and shared
information. Each Settling Party further agrees that the receipt and knowledge of the terms of this Settlement
Agreement or any shared information pursuant to this Settlement Agreement shall not be the basis for
disqualification of any person from participation in any subsequent administrative or legal proceeding,
including litigation for recovery of response costs.
(e) Nothing in this Section 6 is intended to prohibit the sharing of information with a Settling
an insurer is subject to the confidentiality provisions of this Section 6.
7. Denial of Liability and Reservation of Rights.
Except as expressly provided by the terms of this Settlement Agreement, this Settlement Agreement
shall not constitute, be interpreted, construed or used as evidence of any admission of fact, law, responsibility,
liability or fault, a waiver or release of any right or defense not specifically enumerated, or an estoppel against
any Settling Party, by Settling Parties as among themselves, or by any other person not a Settling Party.
8. Insurance.
The Settling Parties do not intend hereby to make any Settlement Agreement that will prejudice any
Settling Party with respect to its insurers and, by entering into this Settlement Agreement, anticipate that the
actions taken pursuant to this Settlement Agreement will benefit such insurers. If any insurer makes any claim
that any aspect of this Settlement Agreement provides a basis for rejection or limitation of coverage of a
Settling Party, the USOR Site PRP Group will attempt, consistent with the settlement reflected in this
Settlement Agreement and related documents, to return any Settling Party subject to such claim to a position
that is satisfactory to such insurers.
6
9. Successors and Assigns.
This Settlement Agreement shall be binding upon the successors and assigns of the Settling Parties. No
assignment or delegation by a Settling Party of its obligations under this Settlement Agreement or of this
Settlement Agreement will release the assigning Settling Party without the prior written consent of the other
Settling Party.
10. Advice of Counsel.
No Settling Party, or representative or counsel for any Settling Party, has acted as counsel for any other
Settling Party with respect to such Settling Party entering into this Settlement Agreement, except as expressly
engaged by such Settling Party with respect to this Settlement Agreement, and each Settling Party represents
that it has sought and obtained any appropriate legal advice it deems necessary prior to entering into this
Settlement Agreement.
11. Necessary Authorizations.
The Settling Parties warrant to each other that all necessary authorizations and all other actions have
been taken such that execution, delivery and performance of this Settlement Agreement and all other actions
taken or to be taken in connection with this Settlement Agreement have been fully authorized.
12. Notice.
representative as set forth on the Execution Page.
13. Effective Date.
The effective date of this Settlement Agreement shall be the date upon which City of La Porte executes
the Settlement Agreement as noted on the Execution Page.
14. Amendments.
No amendment, waiver of compliance with any provision or condition hereof, or consent pursuant to
this Settlement Agreement will be effective unless evidenced by an instrument in writing signed by the Settling
Party against whom enforcement of such amendment, waiver or consent is sought.
15. Separability.
If any provision of this Settlement Agreement is deemed to be invalid or unenforceable, that provision
shall be renegotiated and modified so as to give effect to the original intent of the Settling Parties to the
maximum extent possible, and in any event the balance of this Settlement Agreement shall remain in full force
and effect.
7
16. Survival of Representations, Warranties and Covenants.
The representations, warranties and covenants contained herein are and will be deemed and construed to
be continuing representations, warranties and covenants, and will survive the dates of execution of this
Settlement Agreement.
17. Separate Documents.
This Settlement Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
18. Applicable Law.
For purposes of enforcement or interpretation of the provisions of this Settlement Agreement, the
Settling Parties agree that the laws of the State of Texas shall be applicable, except to the extent the Settling
Parties agree, or a court determines federal law applies to questions arising under CERCLA. The Settling
Parties further agree not to contest personal jurisdiction in any court of law located within Harris County,
Texas, with respect to litigation brought for such purposes.
19. Entire Agreement.
This Settlement Agreement embodies the entire agreement and understanding of the Settling Parties
with respect to the subject matter herein, and supersedes any and all prior agreements, arrangements and
understandings entered into with respect to the subject matter herein. This Section 19 is the last section of this
Settlement Agreement.
\[SIGNATURE PAGE FOLLOWS\]
8
SETTLEMENT AGREEMENT BETWEEN USOR SITE PRP GROUP
AND CITY OF LA PORTE, TEXAS
FOR THE USOR SITE
EXECUTION PAGE
IN WITNESS WHEREOF, the Settling Parties hereto enter into this Settlement Agreement. Each
person signing this Settlement Agreement represents and warrants that he or she has been duly authorized to
enter into this Settlement Agreement by the Settling Party or entity on whose behalf it is indicated that the
person is signing.
USOR Site PRP Group
By: Dated:
Gary D. Justis
Authorized Signatory
Authorized Representative for Notice:
Gary D. Justis
The Justis Law Firm LLC
10955 Lowell Ave.
Suite 520
Overland Park, KS 66210-2336
City of La Porte, Texas
By: Dated:
Authorized Representative for Notice:
9
Exhibit A: USOR Site PRP Group Members
Air Products and Chemicals, Inc.
Air Products LLC, as successor in interest to Air Products, L.P.
Akzo Nobel Functional Chemicals LLC, as successor to Akzo Nobel Polymer Chemicals LLC
Allied Petrochemical, LLC
American Acryl L.P.
American Spring Wire Corporation
American Valve & Hydrant Mfg. Company
Andrews Transport, L.P.
Ashland Inc.
Baker Petrolite Corporation
Baker Hughes Oilfield Operations, Inc.
BASF Corporation
Blentech Corporation
BNSF Railway Company
BP Products North America Inc.
BP Amoco Chemical Company, for and on behalf of BP Solvay Polyethelyne
CenterPoint Energy Houston Electric LLC
Channel Shipyard Company Inc.
Clean Harbors San Leon, Inc. f/k/a/ DuraTherm, Inc.
Cray Valley U.S.A., LLC f/k/a Sartomer Company, Inc.
Crown, Cork & Seal Inc.
DCP Midstream, LP, on behalf of DCP Southeast Texas Plants LLC f/k/a Raywood Gas Plant, LLC
Dana Container, Inc.
Domco Products Texas Inc.
The Dow Chemical Company
Ecolab Inc.
Effective Environmental, Inc.
Enable Pipeline Services, LLC (formerly CenterPoint Energy Pipeline Services)
Ensource Corporation
Enterprise Products Operating LLC on behalf of Enterprise Products Operating, LLC, Enterprise Refined
Products Company, LLC, Enterprise TE Products Pipeline Company, LLC, fka TEPPCO, and Enterprise
Transportation Company
June 6, 2016
Ethyl Corporation
Evonik Oil Additives, USA, Inc. (f/k/a Evonik RohMax USA, Inc.)
Explorer Pipeline Company
FMC Technologies, Inc.
Fort Bend Regional Landfill, L.P. by Waste Corporation, L.P., its sole general partner
Garner Environmental Services, Inc.
GATX Corporation
General Dynamics Ordnance and Tactical Systems, Inc.
General Electric Company
Groendyke Transport, Inc.
Hexion Inc. f/k/a Momentive Specialty Chemicals Inc.
Houston Pipe Line Company LP
Hydrocarbon Resource Recovery, L.L.C.
INEOS Polyethylene NA
Innovene Polymers Inc.
Innovene Polyethylene N.A.
InkJet, Inc.
Keith, Inc.
Kern-Liebers Texas, Inc.
KMCO, LLP
KMTEX, LTD.
LBC Houston, L.P.
Leedo Manufacturing
Louisiana-Pacific Corporation
The Lubrizol Corporation
Magellan Terminals Holdings, L.P.
Marathon Petroleum Company LP
MEMC Pasadena, Inc.
Miller Transporters, Inc.
Mitsubishi Caterpillar Forklift America Inc.
Norman Transport, Inc.
2
National Oilwell Varco LP on behalf of National Oilwell Varco, L.P., Andersgauge USA Inc., Grant Prideco
LP, Turboscope, Varco Shaffer, T-3 Energy, Pipeline Valve Specialty, R&M Energy Systems, NOV and
Robbins & Myers Energy Systems LP
ONEOK Hydrocarbon Southwest, L.L.C.
PLT3 Liabilities Holdings, L.P. f/k/a Oxid, L.P.
Pilot Industries of Texas
Powell Industries, Inc.
Powell Electrical Systems, Inc. successor to Powell Electrical Manufacturing Company
Progressive Waste Solutions of TX, Inc.
Quala Systems, Inc. for itself and as the indemnitor of Qualawash Holdings, LLC
Safety Kleen Systems, Inc.
Schlumberger Technology Corporation
Schneider National Bulk Carriers, Inc.
South Coast Terminals LP
Southwest Shipyard, L.P.
Stolt-Nielsen USA Inc.
Styrolution America LLC f/k/a INEOS NOVA LLC and f/k/a INEOS Styrenics LLC
Sun Coast Resources, Inc.
The Sun Products Corporation
Superior Packaging & Distribution, L.P.
Targa Downstream LLC
Targa Midstream Services LLC (f/k/a Dynegy Midstream Services, L.P.)
Texas Barge & Boat, Inc.
Texas Oil and Gathering, Inc.
Texas Tile Manufacturing LLC
Texas United Pipe
Texmark Chemicals, Inc.
TPC Group, LLC
Trimac Transportation Inc. f/k/a Trimac Transportation South Inc.
TT Barge Services Mile 237, LLC
TT Barge Cleaning Mile 183, Inc.
United Airlines, Inc.
3
United States Steel Corporation
Valero Marketing & Supply Co.
Valero Refining Company Texas, LP
Valero-Terminaling & Distribution Co.
Vopak Logistics Services USA, Inc. on its own behalf and on behalf of Vopak Terminals Galena Park, Inc.
Walbar, Inc. d/b/a Engine Components Goodrich Corporation
Waste Management of Texas, Inc., on behalf of itself, USA Waste of Texas Landfill, Inc., Cougar Landfill, Inc.
and S&J Landfill Limited Partnership
Weatherford U.S., L.P., as predecessor in interest of P Chem, Inc.
Western Waste of Texas, LLC
West Texas Drum Company
4
A-1 Cleaning Septic Service, LLC
15700 JFK Boulevard, LLC D/B/A Sheraton Houston North
4-Corners BBQ
59 Diner
76 Yale
9717 Chemical Road, Inc.
A&M Contractors, Inc.
A&R Transport, Inc.
A-1 Peterson Plumbing, Inc.
AAA Cooper Transportation, Inc.
AAA Flexible Pipe Cleaning Co., Inc.
AAR Inc.
Aaron Enterprise, LLP
ABB Inc.
A-Bear Construction, Inc.
Accurate Precision Plating LLC
Accutest Laboratories Gulf Coast, Inc.
ADA Resources, Inc.
Admiral Linen And Uniform Service, Inc.
Advance Logistics
Advanced Disposal Systems, Inc.
Advanced Environmental Services
Advanced Excavation File Services
Advanced Vacuum Services LLC
afayette Cajun Seafood
Affordable Environmental Service LLC
Affordable Environmental Solutions
Aguliar Bros.
Air Transport International, Inc.
Airgas, Inc.
Aisha & Mariam, Inc. D/B/A Marcos Market
Aker Solutions Inc.
Alabama Metal Industries Corp.
Alamo Concrete Products Co.
Alamo Environmental, Inc.
Alamo Petroleum Exchange
Alamo Tamale Co., L.P.
ALASCO Products, Inc.
Alcoa Inc.
Alief Independent School District
Alliance International Forwarders, Inc.
Alliance Pastex, LLC
Alliance Processors, Inc.
Allied Grease Services
Allison Enterprises, Inc.
Allrig Inc.
Aloha Richmond, LLC D/B/A Sam's Boat
Alpha Machine
Alpha Technical Services Corporation, LC
Alternative Waste Solutions, Inc.
Altivia Corp.
Alvin Chemical Inc.
American Air Liquide Holdings, Inc.
American Electric Power Co., Inc.
American Tietek, LLC
Americlean
Ameridrives
Amity Fellowserve Of Katy, Inc. D/B/A Katyville Healthcare Center
AMOT Controls Corp.
AMREP, Inc.
AMTEC
Analytical Services, Inc.
Anderson Pollution Control, Inc.
Angel Brothers Enterprises, Ltd.
Angelica Textile Services, Inc.
Any Time Septic & Grease
A-One Chemicals & Equipment Company, Inc.
APAC Texas, Inc.
Apache Global Painting, Inc.
Apache Services, Inc.
Apple Auto Repair & Body Shop
Approved Oil Services LLC
Approved Remediation & Recycling Of Oil Waste, Inc.
Aqua Solutions, Inc.
Aqua Solutions, Inc.
Aramco Services Co.
Arby's Restaurant Group, Inc.
ARC Ent
Armadillo Cleaners Inc.
Armadillo Cleaners Inc.
Arnold Transportation Services, Inc.
Arrow Recycling
ASAP Motors
At Systems
AT&T, Inc.
Atlantic Aviation FBO, Inc.
Atlantic Trading & Marketing Inc.
Atlas Texas Food & Beverages LLC D/B/A DNR Turkish Grill
Austin
Autobuses Ejecutivos L.L.C.
Autocheck Franchising Systems, LLC
Autocheck Nine
A-VAC Septic Service, L.L.C.
AVIS Rent A Car System, LLC
AWC Frac Valves Inc.
Axalta Powder Coating Systems USA, Inc.
AXYS Industrial Solutions, Inc.
Aztec Energy Partners, Inc.
B Plus L Technologies, Inc.
B&B Corner Corporation D/B/A Hong Kong Super Market
B. Meyer Trucking, LLC
B.W. Associates Inc. D/B/A Palm Restaurant
Baba Yega Restaurant Corp.
BAE Systems Tactical Vehicle Systems Lp
Baker & Lawson, Inc. D/B/A B&L Technologies
Balfour Beatty Infrastructure, Inc.
Barrier Equipment, Inc.
Basic Energy Services, LP
Bay Area Env
Bay Area Industrial Contractors, LP
Bayou City Environmental Services, LP
Bayport Chemical Service, Inc.
Baytown Energy Center LLC
BB Star East, Inc. D/B/A East Star Chinese Buffet And Sushi Bar
BC&L Pavement Services, Inc.
Bealine Service Co., Inc.
Beauchan Rail Services LC
Beaumont Iron & Metal Corp.
Beauty Elite Group, Inc.
Ben Taub Hospital
Benchmark Development, Inc.
Benchmark Distribution Services, LLC
Berenson Associates, Inc.
Berg Environmental Services, Inc.
Beso, Llc
Best Rate Septic Service
Best Redi-Mix Concrete Pumping, Inc.
Best Sand & Redi-Mix Co., Inc.
Betos Hydro And Sanitation
Bico Drilling Tools, Inc.
Bilfinger Tepsco Inc.
Billy's Donuts
Black Labrador Pub, Inc. D/B/A Black Labrador Pub
Blackhawk Management Corp.
Blast Environmental & Industrial Services Inc.
Bludworth Marine, L.L.C.
Blue Marlin Laser Wash, LLC
Blue Marlin LLC D/B/A Blue Marlin Construction
Blue Marlin Logistics LLC
BNC Services Corp.
Bolivar Barge Cleaning Service, LLC
Bombay Sweets & Vegetarian Restaurant
Boxer Property Management Corp.
BPI Realty Services, Inc.
Brazoria County Mosquito District
Brazos Valley Energy LLC
Bredero Price Co.
Bridgeland Development, LP
Brinker International, Inc.
British Pubs, LC D/B/A Red Lion
Brookdale Senior Living Inc.
Brookfield Properties Corp.
Brothers Pizzeria, Inc.
BSMP Inc.
Buffalo Grille, Inc.
Buffets, LLC D/B/A Ryan's
Burger Tex
Burzynski Research Institute, Inc.
C Chang, Inc. D/B/A Eastern Chinese Restaurant
C&F Tool & Die Co.
C&H Die Casting, Inc.
C.R. McCaskill Enterprises, Inc. D/B/A Tideland Grease Trap Service
Cajun Operating Company D/B/A Church's Chicken
CALCO Marketing, Inc.
Calderon Foods Inc. D/B/A Pan Riko Bakery
Caldwell Environmental Inc.
Calgon Carbon Corp.
Calpine Corp.
Cameron International Corp.
Cameron Iron Works
Cameron Rig Solutions, Inc.
Campbell
Canrig Drilling Technology Ltd.
Capital City Container
Capitan Trading Co., Inc. D/B/A Mr. Pumper Sewer Service
Car Spa, Inc.
Car Spa, Inc.
Cardno PPI Technology Services, LLC
Cargill, Inc.
Carillo Brothers Auto Sales, Inc.
Carillo Brothers Corp.
Carlos Jones Trucking
Carrillo Brothers Beefmasters
Cavazos Environmental Inc.
CB&I Inc.
CC & YY Corporation D/B/A Mannie's Seafood Market Restaurant
CEDA, Inc.
Cedar Processing, Inc.
Cedarwood Development, Inc. D/B/A Cedarwood Development Of Texas, Inc.
Centex
Centex Materials, LLC
Centurion Pipeline L.P.
Century Asphalt Materials
CG Chemical Cleaning
Champ Burger
Champion Auto Auction
Champion Drilling
Char Burger
Charles Holston, Inc. D/B/A Gibson Environmental Services
Chem One Ltd.
Chemetall Us, Inc.
Chemical Cleaning Inc.
Chemical Transport, Inc.
Chemstation International, Inc.
Cherry Demolition, Inc.
Cherry Top Bakery
Chilos Seafood Restaurant, Inc.
China Doll Restaurant
China Garden
Christus St. Elizabeth Hospital
Cici's Enterprises, LP D/B/A Cici's Pizza
Citgas Car Wash
Citgo Petroleum Corp.
City Of Bryan, Texas
City Of Conroe, Texas
City Of Freeport, Texas
City Of La Marque, Texas
City Of La Porte, Texas
City Of Orange, Texas
City Of Pasadena, Texas
City Of Weatherford, Texas
City Waste, L.P.
CKG Services LLC
CKG Services LLC
Clarewood House, Inc.
Clark Freight Lines, Inc.
Clearwater International, L.L.C.
CLP Chemicals L.P.
CLP Resources, Inc.
Coach USA, Inc.
Coal City Cob Co., Inc.
Coastal Chemical Co., LLC
Coastal Corrosion Control, Inc.
Coastal Transport Co., Inc.
Cole Chemical & Distributing, Inc.
Cole Distributing, Inc.
Colonial House Of Sandwiches
Comerica, Inc.
Compleat Cuisine, Inc.
Concrete Producers Solutions, Inc.
Conestoga-Rovers & Associates Inc.
Conrad Orange Shipyard, Inc.
Consolidated Restaurant Operations, Inc.
Consolidated Waste, LLC D/B/A Liquid Waste Solutions
Construction Masters Of Houston, Inc.
Container/Cargo By Barge #1 L.P.
Contractor Technology Industries LLC
Control Solutions, Inc.
Cooper Energy Services
Cooper Energy, Inc.
Corrpro Companies, Inc.
Corsitech, Inc.
Costco Wholesale Corporation
Cotrans, Inc. D/B/A CTI
Cougar Landfill, Inc.
Country Crafters
Cowboy Ranch, Grill And Cantina, Inc.
Crestwood Equity Partners LP
Crystal Warehouse Corp.
CTI Trucking LLC
CTYD III Corporation D/B/A Courtyard By Marriott
Curran International, Inc.
Curran/Truck Washing
Custom Air Products & Services, Inc.
Custom Rubber Products, LLC
Cut-Rate Vacuum Service, Inc.
CVS Caremark Corp.
D&J Morales Bakery
D&S Trucking
D. Houston, Inc. D/B/A Treasures
D.S. Anthony & Sons, Inc.
Dallas Chemical Technologies, Inc.
Dana Transport, Inc.
Dang & Sons, Inc.
Dan-Loc Bolt & Gasket Co.
Danny Herman Trucking, Inc.
David Stauffer Pipe Services, Inc.
Davis Industries, LLC
Day International Inc.
Daymark Properties Realty, Inc.
Dean Talkengton
Debusk Industrial Services Co. LLC
Deep South Coating
Deer Park Energy Center LLC
Dejean Construction Co. Inc.
Del Pueblo Restaurant Group, Inc. D/B/A Del Pueblo Mexican Restaurant
Deli Management, Inc. D/B/A Jason's Deli
Delta Centrifugal, LLC
Delta Petroleum Co., Inc.
Delta Specialty Coatings LLC
Demontrond Buick Company D/B/A Demontrond Automotive Group, Inc.
Dent Removers, Inc. D/B/A Texas Car Wash
Deposition Technology Inc.
Derichebourg Recycling USA, Inc.
Devries, Inc.
DFO, LLC
DG Marine Transportation, LLC
Dhawk Grease Trap Co.
D-Hawk Grease Trap Co.
D-Hawk Grease Trap Co.
dler Tank Rentals, LLC
DNOW, L.P.
Dollar Thrifty Automotive Group, Inc.
Dome Hydrocarbons, L.C.
Domino's Pizza LLC
Don Pico's Mexican Restaurant
Donald Keener
Donovan Industrial Service, LLC
Donut Time
Double A Management, Inc.
Double Aces Transport
Dow Machinery Corp.
DPJ Serra, Inc. D/B/A Fiesta Tacos
Drane Ranger Vacuum Service
DREFCO, Inc. D/B/A Go West Fabricators
Dresser-Rand Co.
DS Services Of America, Inc.
DSA Coatings, Inc. D/B/A Deep South Coatings
DSMM, Inc. D/B/A Pop Supermarket
Dual Trucking Inc.
Duoline Technologies, LLC
Durek Investments, Inc.
E.P. Brady, Ltd.
E.S.R. Electronics, Inc.
Eagle Construction And Environmental Services, LLC D/B/A SWS Environmental Services
Eagle Orange
Eagle Transportation Services Co.
Earth Material Services LLC
East West Bancorp, Inc.
Eco Mud Disposal
Eco Recycling Systems Ltd.
Economic Environmental Services, Inc.
ED&F Man Liquid Products LLC
El Imperial Mexican Restaurants, Inc. D/B/A El Imperial Mexican Restaurant
El Palenque Mexican Restaurant And Cantina, Inc. D/B/A Fiesta En Guadalajara
El Papaturro
El Quetzal Bakery & Restaurant
El Taquito Meat Market Inc.
Elgni Resource Development, LLC
Elite Environmental & Safety Services, Inc.
EMCO Energy Ventures, Inc.
Empire Restaurants, LP D/B/A Empire Café
Empire Truck Lines, Inc.
Energy Power, Inc.
Enermech Mechanical Services, Inc.
Enterprise Operating Company D/B/A The St. James Restaurant & Cabaret
Enviro Clean
Envirogistics, Lp
Environ Express Laboratories, Inc.
Environeering, Inc.
Environmental Corrections Corp.
Environmental Disposal Solutions, Inc.
Environmental Earth-Wise, Inc.
Enviro-Vac, Ltd.
ERP Operating Limited Partnership
Esco Marine Inc.
Estes Express Lines
Ethyl Acrylate
Ethyl Corporation
E-Transport Carriers, Inc.
etrofuels Quality Marketing, LP
European Bakery Group, Inc. D/B/A Ashcraft Bakery
Evans Industries, Inc.
Everest Valve Co.
Evergreen Environmental Services, LLC D/B/A Evergreen Industrial Services
Evergreen Vacuum Service, LLC
Everready Environmental Vacuum Service LLC
exa Pak, LLC (as an alternative to Cole Chemical & Distributing, Inc.)
Excel Industrial Group, LLC
Excellent Inc. D/B/A Kwiks Top
Expert Vacuum
Exterran Energy Solutions, L.P.
F&E Scrap Metal
Fam Marine Services, Inc.
Famous Wok USA, Inc.
Farouk Systems, Inc.
Farrell Wings, Inc. D/B/A Wings 'N Things
Field Service
Firebird Bulk Carriers, Inc.
Fired Up, Inc.
First National Bank Group, Inc.
First United Methodist Church of Houston
First Wave Marine, Inc.
Fisher Oil & Recycling Services
Flan Ex Transportation
Flex Oil Service, LLC
Florida Marine Transporters, Inc.
Flowers Baking Co. of San Antonio, LLC
Fluid Sealing Products, Inc.
Foley's
Foodliner, Inc.
Formosa Plastics Corp., U.S.A.
Fortis International, Inc.
Four Seasons Hotel Houston
Four Way Tank Trucks, Inc.
Fugromcclelland Marine Geosciences, Inc.
Fullers, Inc. Of Baytown
Fulton Washateria
Future Environmental Systems, Inc.
G&S Machine Inc.
G. Torres, Inc. D/B/A La Tapatia Taqueria Mexican Cafe
G6 Hospitality LLC
Galleria
Galveston Bay Biodiesel, LP
Galveston County Water Control And Improvement District No. 1
Garlock Sealing Technologies, LLC
Gator Environmental & Rentals, Inc.
Gator Junction Inc. D/B/A Gator Junction BBQ
GC Remediation, Ltd.
GC Remediation, Ltd.
George's Pizzeria & Italian Cuisine
Gerdau Ameristeel US Inc.
Gilbralter Industries, Inc.
Gillman, Inc. D/B/A Gillman Honda
Glenbourogh
Glendale Boat Works, Inc.
Global Crossing Telecommunications, Inc.
GMY, Ltd.
Go West Fabricators & Rig Star, Inc.
Golden Opportunity Recycling Service
Golden Seafood House
Goodgames Industrial Solutions, LLC
Goodman Manufacturing Co., L.P.
Gorham Export Packing, LLC
Grand Parkway Doctors Center
Grease Recyclers Co-Op
Greenhunter Biofuels, Inc.
Greenhunter Resources, Inc.
Greif, Inc.
Grentek Inc.
Greystar Corp.
Greystar Real Estate Partners, Llc
Griggs Auto Center
Groves Equipment Rental Co., Inc.
Gruma Corporation D/B/A Mission Foods Corp.
GSF Energy, LLC
Guad. No. 4-Fountains, Ltd. D/B/A Guadalajara Hacienda
Gulbrandsen Technologies Inc.
Gulf Bayport Chemicals L.P.
Gulf Coast
Gulf Coast Oil Recycling
Gulf Coast Waste Disposal Authority
Gulf States Environmental Solutions, Inc.
Gulf States Toyota, Inc.
Gulf States Tube, LLC
Gulf Stream Marine, Inc.
Gulfmark Energy, Inc.
H&A Trucking, Inc.
H&H Oil, L.P
H.O.T. Transport, Ltd.
H.R. Richards Cajun Restaurant LLC D/B/A Richards Cajun Restaurant
H2o Industrial Services, LLC
Halliburton Co.
Halliburton Energy Services, Inc.
Hanson Pipe & Precast LLC
Harcros Chemicals Inc.
Harris County Hospital District D/B/A Harris Health System
Harris County Sports & Convention Corp.
Harris County, Texas
HARTZ Franchise Restaurants, Ltd.
he Frost National Bank
HEB Grocery Co., LP
Heidmar Inc.
Hellyer Transmission & Automotive
Helmerich & Payne International Drilling Co.
Hercules Offshore, Inc.
Hereaus Amersil Inc.
Herman Johnson Trucking, LLC
Herman Trucking Co.
Hernandez TX Taco Express
HFOTCO LLC D/B/A Houston Fuel Oil Terminal Co.
HGM Products Group, LLC
Hickory Hollow Restaurant & Catering
Hide Exporters Of Texas, Inc.
High Island Petrochemical, LLC
Highland Threads, Inc.
Highway Transport, Inc.
Hilton Worldwide, Inc. Hoerbiger Corp. Of America Inc.
Hippo Waste Systems, LLC
hird Coast Packaging, Inc.
HMHTTC Response, Inc.
HMS
Ho Ho Ho Express Inc.
Hoerbiger Service Inc.
Holcomb Environmental Oil Services LLC
Holman Shipping, Inc.
Holman Springs
Honing
Houma Armature Works Houston, LLC
Houston Airport System
Houston Chemical Services Inc.
Houston Comedy, L.P. D/B/A Improv Comedy Club & Restaurant
Houston Community College
Houston Engine & Balancing Service
Houston Enviro Services LLC
Houston Harris County Septic Tank Service
Houston Independent School District
Houston International Terminal, Inc.
Houston Motor Speedway Corp.
Houston Pennzoil Place L.P.
Houston Shutters LLC
Houston Unlimited, Inc.
Hoyer Global (USA), Inc.
HR Recovery
HRD Corp. D/B/A Marcus Oil & Chemical
Hsiang E Enterprise, LLC D/B/A Sasaki Japanese Restaurant
Huffman Independent School District
Hulcher Services Inc.
Humble Elevator Service, Inc.
Hunan River Bistro Chinese Cuisine
Hydro Resources, Inc.
Hydro Tank Inc.
Hydrocarbon Resource Recovery L.L.C.
Hydrochem LLC
IBEX Chemicals, Inc.
idal Tank, Inc.
Ignite Restaurant Group
Industrial Chemicals, Inc.
Industrial Fuel Services, Inc.
Industrial Solutions
Infrastructure Services, Inc.
Inman Texas Co., Inc.
Inter Biofuels
International Bancshares Corp.
International Bank Of Commerce
International Paper Co.
International Restaurant Management Group, Inc.
International Ship Repair & Marine Services, Inc.
Intertek USA Inc.
Intra Services Inc.
IPSCO Koppel Tubulars, L.L.C.
IPSCO, Koppel Tubulars, L.L.C.
Irby Lane Associates, Ltd. D/B/A Parkwood Apartments
ISI Contracting, Inc.
Italian Cultural & Community Center Of Houston
J&D Oil Service
J&R Wastewater Services Inc. D/B/A J&R Services
J.A.M. Distributing Co.
J.C. Penney Co., Inc.
J.J. Shelton
J.L. Proler Iron & Steel Co.
J.L.H. Automotive, Ltd. D/B/A Jeff Haas Mazda
Jacobs Engineering Group Inc.
JDST, Inc. D/B/A Sol Supermarket
Jeff's Kitchen, Meat Market And Smoke House
JETCO Delivery, Inc.
Jiffy Lube
Johnny's Transport
Johnson Interests, Inc.
Jones Bros., Inc.
Jones Contractors
Jones Oil, Inc.
JPMorgan Chase & Co.
JT Oilfield Manufacturing Co. Inc.
JTB Recycling Facility, Inc.
K-3 Resources, L.P. D/B/A K- 3bmi
Kansas City Southern Railway Co.
Karen & Karen, Inc. D/B/A Piatto Ristorante
Katy Independent School District
Kb International LLC
KBR, Inc.
KD Oilfield Services, Inc.
Keiser Manufacturing, Inc.
Kelly-Springfield
KEMCO-Hunter Chemical Co.
Kemp
Kennedy Wilson Holdings, Inc.
Ketone Telon
Kewanee Scientific Corp.
Key Energy Services, Inc.
Keyaan LLC D/B/A Monterrey Food City
Keystone Shipping Co.
Kindra Environmental Enterprises, Inc. D/B/A J&R Services
Kinetic Concepts, Inc.
Kirby Inland Marine, LP
Kirby's Steakhouse, Ltd.
Klemp Corp.
KLN Manufacturing, LLC
Koch Heat Transfer Co., LP
Koch Knight LLC.
Kodiak Environmental
Kone Inc.
K-SOLV, LP
KSRY Food Chain Enterprise, Inc. D/B/A China Stix
Kubco Decanter Services, Inc.
Kullman Express Inc.
Kurumaya Restaurant, Ltd. D/B/A Sushi Jin
Kwik Kar Lube & Tune Of Galveston
La Baguette French Bakery
La Casa Del Cabrito Mexican Restaurant & Bar
La Colombe D'or Restaurant And Hotel, LLC
La Marque Independent School District
La Moreliana, Corp. D/B/A La Moreliana Meat Market
La Pupusa Loca Restaurant
La Utilities
Labarge Coating, Llc
Laboratory Corp. Of America Holdings
Lambo Inc. D/B/A Lam Bo
Larry Enderli
Larry's Bar-B-Q
Las Hadas Mexican Restaurant, Inc.
Latipac Commercial, Inc.
Lazeeza Restaurant
Le Cep, Inc. D/B/A Bistro Le Cep
League City, Texas
Legacee International Environmental Services, Inc. D/B/A Texas Waste Carriers
Legacy Partners
Lei Rone Engineers, Ltd.
LEL Environmental, Ltd.
LH Neat Services, LLC D/B/A Kim Hai Chinese And Vietnamese
Liberty Forge, Inc.
Life Care Centers Of America, Inc.
Lighthouse Environmental Services, Inc.
Lighthouse Petroleum, Inc.
Lin Ho Company D/B/A The Pie Factory
Linh Anh Investments, Inc. D/B/A A Ly Oriental Food Restaurant
Lion Industrial Resources, Inc.
Liquid Environmental Solutions Of Texas, LLC
Liquid Express, Inc.
Liquid Waste Solutions
LKQ Corp.
Lockheed Martin Corporation
Lola's Enterprises Corp. D/B/A Sage 400 Japanese Cuisine
Lone Star Fasteners L.P.
Lone Star Heat Treating Corp.
Lone Star Truck Center
Lonestar
Lonestar Ecology LLC
Lord & Taylor, LLC
Los Cucos Mexican Cafe, Inc.
Los Gallitos Mexican Cafe Ii, Inc.
Louisiana Chemical Equipment Co., L.L.C.
Lug-Ajug
Luni Castle
M&M Protection, LLC
M/V Faffa
MA CGM (America) LLC
Macgregor Apartments
Mack's
Mack's Standard Transmission, Inc.
Malin International Ship Repair & Drydock, Inc.
Mama's Oven
Manchester Terminal Corp.
Mantega Ltd.
Maria Selma Restaurant, LLC
Mark Dennard Enterprises, Inc. D/B/A Wings 'N More
Market Truck Stop, Inc. D/B/A Texas Truck Stop
Marshall Gas
Martin Midstream Partners L.P.
Martin Operating Partnership L.P.
Martin Preferred Foods, LP D/B/A Martin Food Service Co.
Martin Pulido Trucking Inc.
Martin Resource Management Corp.
Martin Transport, Inc.
Massey Industries Inc.
Masterhalco, Inc.
Masters Resources, LLC
Matagorda County Navigation District No. 1
Matheson Tri-Gas, Inc.
Matte Industrial Services, LLC
Maverick Oil
Maverick Tube Corp.
Mayuri India Cuisine, Inc. D/B/A Mayuri Indian Restaurant
Mb Western Industrial Contracting Co.
Mccarthy Building Companies, Inc.
Mcclintock Corp.
MDI Superfund Site
MECX, LP
Merit Energy Co., LLC
MES
Metal Railing Of America, Inc.
Metrix Inc.
Metrix Instrument Co., L.P.
Metro
Metro Grease Service LLC
Metro Pcs
Metton America, Inc.
Mexico Lindo Market
M-I Swaco
Mi Tiempo Corp. D/B/A Mi Favorita Meat Market No. 2
Midstate Environmental Services, LP
Midtown Redevelopment Authority
Midwest Industrial Supply, Inc.
Milena Inc. D/B/A Da Marco
Miller Transporters, Inc.
Millercoors LLC
Miller's Cafe
Millinium Industries
Milstead Automotive, Ltd.
Milstead Management, LLC
Missouri City, Texas
Mistral Inc. D/B/A Café Rabelais
Mitchell Crane Rental, Inc.
Mitsui & Co. (U.S.A.), Inc.
MMJ Industries, Inc. F/K/A Custom Ecology, Inc.
Mo Better Meat Company Inc.
Moeller's Bakery, Inc.
Montgomery County, Texas
Monument Inn, Inc. D/B/A Monument Inn Restaurant
Moody Gardens, Inc.
Moon Palace, Inc.
Moore Control Systems, Inc.
Morco Testing
Morgan Oil Co.
Mr. Pumper
MTI Environmental LLC
MTI Services, LLC
Munoz Enterprises, Inc.
Muto Technology, Inc.
MW
MWH Constructors
Myung Dong Restaurant
Mztech, Inc. D/B/A UTS Environmental
NAMPAC
NAOR
Nations Rent
NCCARAR
New Chinese Star Restaurant Inc. D/B/A Chinese Star Restaurant
New Era
New Texas Research Group Inc.
New York Pizzeria, Inc.
Newpark Drilling Fluids LLC
Newton County, Texas
Nighthawk Transport, Inc.
Nikjiki Inc. D/B/A Ginza Japanese Restaurant
Nippon Restaurant, Inc.
NMM Enterprises, Inc.
Noltex, LLC
Norson Services LLC
North American Marine, Inc.
North American Oil
North American Packaging Corp.
Northgate Country Club Management, LLC
Nortran Transportation
Norwoodrcc
Nucor Corp.
OCLP South Coatings
Oil Mop LLC
Oil Patch Transportation, Inc.
Oil Process & Pipeline Services
Oilfield-Electricmarine, Inc.
Olympia Bread Concepts Corp. D/B/A Stone Mill Bakers
Olympic Pools, Inc. D/B/A Olympic Pools & Spas
One Center
One Source Manufacturing Technology, LLC
Onion Creek, LLC D/B/A Onion Creek
Original Napoli Flying Pizza & Italian Restaurant, Inc.
Otto Marine Enterprises Inc.
Palm Commodities International, LLC
Pan-Glo Services, LLC
Papa Mex
Paradigm Plastics, LP
PARC Condominium Association
Park Iv Commercial Complex Property Owners Association
Parker Hannifin Corp.
Parker Windham, Ltd.
Parsons Government Support Services, Inc.
Pathfinder Energy, Inc.
Patrenella's Restaurant, Inc.
Patty Oil Service
PCM, Inc.
Pearland Independent School District
Peifon Food USA, Inc. D/B/A Southern Noodle Company, Inc.
Pelican Island Storage Terminal, LLC
Pelican Offshore
Pelican Waste Services, Inc.
Peligrin, Ltd.
Penn Maritime Inc.
Pennzoil-Quaker State Co.
Penske Corp.
Penske Truck Leasing Co., L.P.
Pentair Valves & Controls Us LP D/B/A Tyco Flow Control
PEPI Corp. D/B/A Alonti Café & Catering
Pepper-Lawson Construction, L.P.
Perko Log
Petroleum Analyzer Co. L.P.
Petroleum Wholesale, L.P. D/B/A Sunmart
Philip Reclamation Services, Houston, LLC
Phoenix Oil, Inc.
Phoenix Pollution Control & Environmental Services, Inc.
Pho's Investment Inc. D/B/A Chinese Wok
Pick A Part Auto Wrecking, L.P.
Pilot Travel Centers LLC
Pinch Flatbed, Inc.
Pinnacle Health Facilities XV, LP D/B/A Briarwood Nursing & Rehabilitation
Pipe Specialty
Pipeline Realty Co.
Pipestream, Inc.
Plainscapital Bank
Plant Performance Services LLC
Pollo Riko, Inc.
Polymer Chemistry Innovations, Inc.
Poom Thai, Inc. D/B/A Nit Noi Thai Restaurant
Port Of Houston Authority
Praxair, Inc.
Pre Field Services Inc.
Precision Energy Services, Inc. D/B/A Computalog
Premier Cash Inc. D/B/A Just Oxtails Soul Food And Forty Weight Gravy
Pride And Power Inc.
Prince's Hamburgers
Printpack, Inc.
Professional Air Systems, Inc.
Proler Southwest Corp.
Pronto Cucinino, L.P.
PSC Industrial Outsourcing, LP
PSC Industrial Outsourcing, LP
PSC Industrial Services, LP
PSC, LLC
Public Sanitary Works, Inc.
Puffer-Sweiven LP
Pulido Trucking, LP
PWT Enterprises, Inc. D/B/A King Kleen Car Wash
Quality Electric Steel Castings, LP
Quality Environmental Services, Inc.
Questvapco Corp.
R.I.J. Industries Inc. D/B/A Port Cafe
Racetrac Petroleum, Inc.
Railcar
Railroad Commission Of Texas
Ray Bellew & Sons, Inc.
RCI
RCSS, LLC D/B/A Redondo Manufacturing
Reactor Services International, Inc.
Recovrmax Services, LP
Red Lobster Management LLC
Reggae Hut Café
Regio Vacuum Service, Inc.
Rem Research Group, Inc.
Rescar Companies, Inc.
Resolve Marine Group, Inc.
Rexburg
Rice Epicurean Markets, LLC
Rice University
Rigid Global Buildings LLC
Rioverde Taqueria Y Restaurante
Ritchie Bros. Auctioneers (America) Inc.
Riva's Italian Restaurant And Bar
Riviana Foods Inc.
Robbie D. Wood, Inc.
Robbins & Myers Energy Systems LP
Rocktenn CP, LLC
Rockwater Energy Solutions, Inc.
Rolled Alloys, Inc.
Romano's Flying Pizza & Pasta, Inc. D/B/A Romano's Pizza
Romtex Enterprises, Inc.
Rone Engineering Services, Ltd.
Rosenburg
Round Rock Independent School District
Rouse
RTI International Metals, Inc.
Ruff Corp.
Ruman Adem, Inc. D/B/A Pan Du Jour
Rust Scale
S Waste Industries, Inc.
S&B Engineers And Constructors, Ltd.
S&K Petroleum Transportation, Inc.
S. Holcomb Enterprises, Inc. D/B/A Holcomb Oil Recycling
Sachem, Inc.
Safari Restaurant
Safe Renewables Corp.
Salzgitter Mannesmann Stainless Tubes USA, Inc.
Sambuca Houston, L.P.
Sandwich King, Inc.
Savaseniorcare, LLC
Sbarro LLC
SBBQ Operations, LLC
Schabuett, Inc. D/B/A Roland's Swiss Pastry & Bakery
Schultz Bros., Inc.
Sea Challenger Corp.
Seafood Corner
Sears Holdings Corporation
Seatex, Ltd.
Semasys, Inc.
Semgroup Corp.
Separation And Recovery Systems, LLC
Serco Construction Group, Ltd.
Set Environmental, Inc.
Severn Trent Services
Shawcor Pipe Protection, LLC
Sheldon Independent School District
Shell Oil Co.
Shelly Donuts
Shelton Services Inc.
Shipley Do-Nut Flour & Supply Co., Inc.
Shippers Stevedoring Co.
Shire, Inc. D/B/A Hobbit Cafe
Shyama Enterprises, Inc. D/B/A Flagship Auto/Truck Stop
Sigmagenosys Of Texas LLC
Silverado Senior Living, Inc.
SK Transportation Inc.
Sk Ztex Llc D/B/A Steakountry Buffet
Smart Pipe Co., Inc.
Smith & Co.
Smith Systems Transportation, Inc.
SMJ Trucking
South Atlantic Services, Inc.
South Beach Pools, LLC
South Coast Terminals
Southern Core Supply, Inc.
Southern Discount Vacuum Service
Southern Heat Exchanger Services, Inc.
Southern Technologies Inc.
Southern Technologies Services
Southwaste Disposal, LLC
Southwest Galvanizing
Southwest LTC-Gulf Healthcare, Ltd. D/B/A Gulf Healthcare Center
Spaghetti Warehouse Restaurants, Inc.
Spareribs, Inc. D/B/A Pizzitola's Barb- Que
Sparkler Filters, Inc.
Specialized Maintenance Services, Inc.
Specialized Waste Systems, Inc.
Specialty Chemical Products, Inc.
Specialty Metal Finishing, Inc.
Specialty Retailers, Inc.
Speed & Sport Chrome Plating, Inc.
Splish Splash
Spring Branch Independent School District
Sprint Waste Services LP
SPX Corp.
St. Giles Living Centers, Inc.
Star Texas Truck & Fabrication, Inc.
STARCO Energy GP, LLC
Steamboat Bill's, Inc.
Stephen F. Austin State University
Steve South
Steve Wier, Inc. D/B/A Wier Enterprises
Stewart & Stevenson LLC
Stress Engineering Services, Inc.
Striping Unlimited Corp.
Suburban Propane, L.P.
Sugarland Petroleum, Inc.
Sulzer Pumps (US) Inc.
Sun Coast Resources, Inc.
Sunbelt Rentals, Inc.
Sunbelt Steel Texas, Inc.
Suncoast Chemicals, Inc.
Sundance Fuels, Ltd.
Suntech
Super Lopez Food Products And Tortilla Factory Inc.
Swanson Subway
Syntech Chemicals, Inc.
Sysco Houston, Inc.
Sysco Louisiana Seafood LLC D/B/A Louisiana Foods Global Seafood Source
T&L Environmental Services, Inc.
Tajindia, Inc. D/B/A Taj India Restaurant
Tap, Inc. D/B/A Big K Environmental
Taqueria Cancun
Taqueria El Alteno No. 1 Inc. D/B/A Taqueria El Alteno
Taqueria El Jimador
Taqueria El Sol De Jalisco
Taqueria Las Llardas Mexican Restaurant, Inc.
Taquerias Los Charros, Inc.
TAS Construction
Tasker Capital Corp.
Tasker Products Corp.
Tauber Oil Co.
Taylor Press Products Co.
TBC Brinadd International, LLC
Teadit N.A., Inc.
Tecate CC Town, LLC D/B/A Tecate Mexican Restaurant & Cantina
Tell Manufacturing, Inc.
Teloloapan Meat Markets, Inc.
Tenaris Coiled Tubes LLC
Teodoro Hinojosa, Inc. D/B/A Het Environmental
Tesco Corp.
Tetra Tech, Inc.
Tex Environmental Express
Texaco Inc.
Texas A&M University
Texas City Independent School District
Texas Commission On Environmental Quality
Texas Couplings, L.P.
Texas Department Of Criminal Justice
Texas Department Of Transportation
Texas Ezpawn, L.P. D/B/A Ezpawn
Texas General Land Office
Texas Grease Acquisitions, LLC D/B/A A-Affordable Vacuum Services
Texas Industrial Radiator, Inc.
Texas International Box Co.
Texas International Box Company & Rentals, Inc.
Texas K&N International, Inc. D/B/A Hungry Farmer Barbecue
Texas Medical Center Corp.
Texas Pan Service Inc.
Texas Racquet & Spa, Inc. D/B/A Westside Tennis Club
Texas Southern University
Texas State University System
Texas Steel Conversion, Inc.
Texas Sterling Construction Co.
Texas Tamale Co., Inc.
Texas Truck Stop
Texas Waste Management
Texas Waste Services
Texas Water Management LLC
Tex-Tube Co.
Tgsnoopec Geophysical Co. D/B/A Tgsnopec Corp.
Thai Gourmet, Inc. D/B/A Thai Gourmet Restaurant
The Advent Group, LLC
The Bake Shoppe & Café
The Boat Shed
The Breakfast Klub, Inc.
The Candy Wrappers, LLC D/B/A The Chocolate Bar
The Commodore On The Beach
The Dallas Group Of America, Inc.
The Dillard Anderson Group
The Downtown Club, Inc.
The Finger Companies Inc.
The Houston Club
The Houston Housing Authority
The Lodge At Walden, Inc.
The Lone Star Heat Products, Inc.
The Meadows Group, LLC
The Palms Apartments
The Planet
The Pyramid Community Development Corporation D/B/A The Power Center
The Rectorseal Corp.
The Stanley Group, Inc. D/B/A Kwik Kar Lube & Tune On Broadway
The Sweet Lake Land & Oil Co., LLC
The University Of Texas System
The Woodlands County Club
Thermal Energy Corp.
Thermal Seal Inc.
Therma-Tru Corp.
Thiem Hung Bakery
Thomas Petroleum, LLC
Thomason Family Corp.
Three Brothers Bakery, Inc.
Three Gringos Restaurant Consultants, Inc. D/B/A Fajita Flats
Thyssenkrupp North America, Inc.
Tideport Distributing, Inc.
Tidewater Inc.
Tierra Viva Inc. D/B/A El Pueblito Patio And Mango's Cantina
Tioman Island, Inc. D/B/A Far East Chinese Restaurant
Tiona Truck Line, Inc.
Tito's Taco Shop
TMC Engineering Services, Inc.
TMT Associates
Top Notch Transportation, Inc.
Total Safety U.S., Inc. D/B/A WSI
Trans Global Solutions, Inc.
Transcontinental Gas Pipe Line Co., LLC
Trans-Global Solutions, Inc. D/B/A TGS
Transmontaigne Product Services Inc.
Transport Service, LLC
Transwestern
Transworld Deli
Treck Environmental
Tree Top Apartments
Trelleborg Offshore Us, Inc.
Tri Lotus Seafood, Inc. D/B/A Lotus Seafood Market
Triad Transport, Inc.
Trifeta
Trigos Mexican Restaurant
Trinity Industries, Inc.
Triple B Industrial Services
Tri-Star Protector Services Co.
Trojan
Troy Oatas
Truck Environmental
Truck T
TS Industries, Inc. D/B/A Gold Tech Industries
Tung Hoi Restaurant Inc. D/B/A Tung Hoi Restaurant
Turneco Oil And Service
Turner Co.
TXU Corptasker Manufacturing Corp.
TXU Energy Retail Company LLC
Tyler MD Holdings LLC
Union Pacific Railroad Co.
United Environmental Services, LLC
United States Coast Guard
United States Navy
University Of Houston
University Of Saint Thomas
URS Corp.
USA Environment, LP
USA Industrial Services
USA Vacuum, LLC
USAG Recycling, Inc.
USCAR LLC D/B/A Auto Check #9
Uses, Inc.
Vacuum Truck Rentals, LLC
Valencia Interests-Houston, Inc. D/B/A The Lancaster Hotel
Valkyrie Commissioning Services, Inc.
Vallourec Star, LP
Vallourec Tube-Alloy, LLC
VAM USA, LLC
Veolia Es Industrial Services, Inc.
Vertex Holdings, LP
Vertex Processing, LP
Volunteers Of America Texas, Inc.
W Systems, LLC
Wael Mc Co. D/B/A Wael's Mediterranean Cuisine
Wal-Mart Stores, Inc.
Wan Fu Express Restaurant
WATCO Companies, LLC
Weatherford U.S., L.P.
Western Oilfields Supply Co. D/B/A Rain For Rent
Western Properties Co.
Western Seafood Co.
Westrock CP, LLC
Westway Terminal Co. LLC
White Lion Holdings, L.L.C.
Whole Foods Market, Inc.
Williams Fried Chicken, Inc.
Xylem Inc.
Yale Grill And Diner
ynamic Rental Systems, L.L.C.
YWCA Houston
ZDM Corporation D/B/A Zydeco Louisiana Diner
Zust Bachmeier Of Switzerland Inc.
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
October 24, 2016October 24, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
La Porte ESDLa Porte ESD
Ray NolenRay NolenSource of Funds:Source of Funds:
Requested By:Requested By:
0345059522805003450595228050
Emergency Medical ServicesEmergency Medical ServicesAccount Number:Account Number:
Department:Department:
$200,000$200,000
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
$199,225$199,225
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.Frazer/HFrazer/H--GAC QuoteGAC Quote
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The EMS Department is requesting approval to purchase a new ambulance to replace Unit #1182 The EMS Department is requesting approval to purchase a new ambulance to replace Unit #1182
described as a 2008 Ford F450 Ambulance. This new ambulance is described as a Frazer Type I 14described as a 2008 Ford F450 Ambulance. This new ambulance is described as a Frazer Type
I 14
Module. This Module will be mounted on a Dodge RAM 4500 dieselModule. This Module will be mounted on a Dodge RAM 4500 diesel--powered chassis with a liquid powered chassis with a liquid
suspension system. Based on the included quote the total will be $199,225.00, which includes an suspension system. Based on the included quote the total will be $199,225.00, which includes
an
administrative Hadministrative H--GAC (Contract AM10GAC (Contract AM10--14) fee of $1,000.14) fee of $1,000.
The La Porte Fire Control, Prevention, and Emergency Medical Services District board met and The La Porte Fire Control, Prevention, and Emergency Medical Services District board met
and
approved funding for this vehicle not to exceed $200,000.00 from Fund 034.approved funding for this vehicle not to exceed $200,000.00 from Fund 034.
This vehicle was included in the 2016This vehicle was included in the 2016--17 budget that was approved by the Council in September 2016.17 budget that was approved by the Council in
September 2016.
Action Required of Council:Action Required of Council:
Consider approval or other action authorizing the requested vehicle purchase of a Frazer Type I 14Consider approval or other action authorizing the requested vehicle purchase of a Frazer
Type I 14
Module Ambulance mounted on a Dodge RAM 4500 dieselModule Ambulance mounted on a Dodge RAM 4500 diesel--powered chassis with a liquid suspension powered chassis with a liquid suspension
system for $199,225.00 through HGAC contract AM10system for $199,225.00 through HGAC contract AM10--14.14.
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
October 24, 2016October 24, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
BudgetBudget
Ken AdcoxKen AdcoxSource of Funds:Source of Funds:
Requested By:Requested By:
00152535218050 &00152535218050 &
PolicePolice
Department:Department:
009009--
Report:Resolution:Resolution:Ordinance:Ordinance:
Account Number:Account Number:
5252,5253,5256,52585252,5253,5256,5258--
Other:
521521--80508050
Amount Amount
$64,198.00$64,198.00
AttachmentsAttachments : :
Budgeted:Budgeted:
Amount Amount
$50,648.88$50,648.88
Requested:Requested:
1.Vendor QuotesVendor Quotes
Budgeted Budgeted
YESYESNONO
Item:Item:
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Staff has received quotes from CAP Fleet Outfitters under Texas Buy Board Contract 430Staff has received quotes from CAP Fleet Outfitters under Texas Buy Board Contract 430--13 for the
13 for the
purchase and installation of equipment for budgeted vehicle replacements in the 2017 FY Budget. The purchase and installation of equipment for budgeted vehicle replacements in the 2017
FY Budget. The
vehicles were awarded at the October 10, 2016 Council meeting. vehicles were awarded at the October 10, 2016 Council meeting.
The total cost for equipment for the nine replacement vehicles is $50,648.88. This equipment is needed The total cost for equipment for the nine replacement vehicles is $50,648.88.
This equipment is needed
to outfit four marked Chevrolet Tahoes, one unmarked Chevrolet Tahoe, and four unmarked Dodge to outfit four marked Chevrolet Tahoes, one unmarked Chevrolet Tahoe, and four unmarked
Dodge
Chargers.
Action Required of Council:Action Required of Council:
Consider approval or other action to purchase fleet equipment from CAP Fleet Outfitters under Texas Consider approval or other action to purchase fleet equipment from CAP Fleet Outfitters
under Texas
Buy Board Contract 430Buy Board Contract 430--13.13.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
IndexPage 1of 1
Phone: 800-695-2919
Fax: 800-211-5454
Email: info@buyboard.com
Welcome Cherell \[ Log Off \]
AdministrationRFQPurchase OrderReportsShopping CartHelp
Vendor Contract Information
Back
Search:
Vendor Name:Cap Fleet Upfitters
430-13
Address:4715 S General Bruce Dr.
All
Temple, TX 76502
Vendor Discounts Only
Phone Number:(254) 773-1959
Catalog Pricing Only
Email:sales@capfleetupfitters.com
Website:http://www.capfleetupfitters.com
Refine Your Search:
Federal ID:14-1856872
Vendors
Contact:Jason Beaver
Cap Fleet Upfitters\[X\]
Accepts RFQs:Yes
Price Range
Minority Owned:No
Show all prices
Category
Women Owned:No
None Selected
Service-Disabled Veteran Owned:No
Contract
EDGAR:Yes
None selected
Contract Name:Vehicles, Heavy Duty Trucks (Repair Parts & Labor)
Contract#:430-13
Additional Searches:
Effective Date:12/01/2013
Expiration Date:11/30/2016
Search by Vendor
Payment Terms:Net 30 days
Browse Contracts
Delivery Days:45
Shipping Terms:Pre-paid and added to invoice
Freight Terms:FOB Destination
Ship Via:Common Carrier
Region Served:All Texas Regions
Additional Resources
States Served:All States
Additional Info:EDGAR Compliance documents (2 CFR Part 200 & Appendix II) can be found under the
EDGAR (Vendor EDGAR Documents) link at the bottom of the page.
Quote Reference Number:430-13
Additional Dealers:Cap Fleet Upfitters, Houston TX
Contract Documents
EDGAR Notice:Click to view EDGAR Notice
Proposal Documents:Click to view BuyBoard Proposal Documents
Regulatory Notice:Click to view Bonding Regulatory Notice
EDGAR: Click to view Vendor EDGAR Documents
Contact us 800-695-2919
https://app.buyboard.com/Search/Index?SearchTerm=430-13&VendorId=37059/28/2016
REQUESTFORCITYCOUNCILAGENDAITEM
AgendaDateRequested:October24,2016Appropriation
RequestedBy:RosalynEptingSourceofFunds:GeneralFund
Department:Parks&RecreationAcctNumber:6146515.5007
Report:Resolution:Ordinance:_AmountBudgeted:$300,920
Exhibits:BidTabulationAmountRequested:$286,280
AccessReportBudgetedItem:YESNO
SUMMARY&RECOMMENDATION
SealedBid#16024,formowingvariouscityproperties,wasadvertisedonSeptember1andSeptember
8,2016intheBayAreaObserver.TheBidswereopenedandpubliclyreadonSeptember30,2016.
Twohundredthirtysixbidderswerenotifiedwith33accessingthedocumentsand23downloading
elowestbidderwasconsiderednonresponsivebecausetherewasno
them.Fourvendorsresponded.Th
bidbondandthevendordidnothavetwooftheproperexhibits.
ThenextlowestbidderwasCornerstonewithatotalof$286,280./ƚƩƓĻƩƭƷƚƓĻƭreferenceswerechecked
andweresatisfactory.
Thisisthesecondtimethatmowingwasbid.Thefirsttimetherewerefiverespondentsrangingfrom
$179,628$488,204.Ofthose5respondents,only3bidswereconsidered.Shortlyafterbidding,thelow
biddernotifiedtheCitythattheydidnotintendtoaccepttheawardbecausetheyhadundergonesome
managementchanges.Thenextlowestbidwas$119,892morethanthelowestbid.Duetotheseissues,
staffdecidedtoreevaluatethebidandrebid.
StaffrecommendsCouncilapprovalthebidintheamountof$286,280withCornerstone.
ActionRequiredbyCouncil:
ConsiderapprovalorotheractiontoawardBid#16024intheamountof$286,280toCornerstonefor
mowingofcityproperties.
ApprovedforCityCouncilAgenda
___________________________________________________________
CorbyD.Alexander,CityManagerDate
Bid Tabulation to #16024 - Re-bid of Parks Mowing
GroundStarCornerstoneCamp'sEncore
Per Visit Per Visit Per Visit Per Visit
Provide Cost, by Annual Cost by Cost, by Annual Cost by Cost, by Annual Cost by Cost, by Annual Cost by
ServiceLocationLocationLocationLocationLocationLocationLocationLocation
ItemSECTION 1 Descriptions
1Fairmont Park, 3540 Farrington3835013300400152004001520056021280
2Heritage Park (Sylvan Beach Depot, 604 Park Drive)387528502007600200760028010640
3Northwest Park, 10210 North P Street382509500300114003001140042015960
4Seabreeze park, 1300 Bayshore Drive385019002007600200760028010640
5La Porte Trail System, Fairmont Parkway2440096004009600400960056013440
6Pecan Crossing Trails24601440501200501200701680
7Pecan Park, 3600 Canada road3830011400500190005602128078429792
8Woodfalls park, 3801 1/2 Driftwood3825095002007600210798029411172
La Porte Police Department 7 Municipal Court Facility, 3001
and 3005 N. 23rd Street
93825095002509500260988036413832
10La Porte Police Department Detention Pond1230360100120010012001401680
11La Porte City Hall, 604 W. Fairmont Parkway3824091202509500250950035013300
La Porte Records Storage Building, 1001 S. 4th St.
1238401520401520301140421596
13La Porte Community Library, 600 S. Broadway382208360100380013049401826916
14La Porte Water Plant #7, 8210 Bandridge3840152012045608030401124256
15Original City Hall, 111 2nd Street38401520602280602280843192
16McCabe Road24501200601440801920842016
17a: Stonemont & Underwood38207602076020760702660
b: Stonemont & Underwood Right-of-Way
38207602076020760702660
18a: Valley Brook & Spencer Highway3851902076010380702660
b: Valley Brook Esplanades38451710401520401520562128
19a: Myrtle Creek & Spencer Highway3851902076010380702660
b: Myrtle Creek Esplanades38803040501900501900702660
20Fairmont Parkway Esplanades38300114002007600240912033612768
21a: Bay Area Boulevard EAST Right-of-Way381606080220836010038001405320
b: Bay Area Boulevard WEST Right-of-Way381606080100380012045601686384
c: Bay Area Boulevard Esplanades382007600110418018068402529576
22a: Canada Road EAST Right-of-Way381606080120456011041801545852
b: Canada Road WEST Right-of-Way381606080160608011041801545852
c: Bay rea Boulevard Esplanades382007600100380016060802248512
23Farrington Boulevard Esplanades3810038002007600210798029411172
24Farrington & Spencer Highway3851902076010380702660
25North Farrington387026608030408030401124256
26Luella road Esplanades381606080140532015057002107980
27Luella Trail38501900301140301140702660
28Linear Park2010020008016008016001122240
29La Porte Entrance Sign Locations20204002040020400701400
a: Hwy 225 & Hwy 146, southbound side of Hwy 146 coming
from Baytown
20204002040020400701400
b: Hwy 146 & Shoreacres Boulevard, Hwy 146 northbound
just past Shoreacres Boulevard
20204002040020400701400
c: Fairmont Parkway20102002040020400701400
3016th Street Esplanades3810380602280301140843192
Section 1 TOTAL$168,570.00$181,180.00$182,800.00$270,844.00
Per Visit Per Visit Per Visit Per Visit
Provide Cost, by Annual Cost by Cost, by Annual Cost by Cost, by Annual Cost by Cost, by Annual Cost by
ServiceLocationLocationLocationLocationLocationLocationLocationLocation
ItemSECTION 2 Descriptions
1Hwy 225 & Sens road10300300050050006006000154015400
1Emergency Medical Services, 10428 W. Main38401520501900602280702660
3Animal Shelter, 10901 Spencer Highway383011409034209034201264788
4Hwy 146 from Barbour's Cut to Shoreacres City Limit104004000340034000360036000378037800
5Little Cedar Bayou park3852019760800304007602888084031920
6Gladwyne Trail Head Property3810038008030409034201124256
7Garfield Median381557020760301140702660
8San Jacinto Trail241002400601440701680842016
9South Broadway Trail242205280120288013031201684032
10Fire Station 2, 9710 Spencer384015209034209034201264788
11Fire Station 3, 2700 Sens Road385019009034209034201264788
12Fire Station 4, 2900 South Broadway384015209034209034201264788
13F216 Detention Basin1260072006007200600720084010080
Klein Retreat/Happy Harbor, NCI Property, 1000 Bayshore
Drive
14244096020048002205280175042000
Section 2 Total$54,570.00$105,100.00$108,680.00$171,976.00
GRAND TOTALS$223,140.00$286,280.00$291,480.00$442,820.00
Bid Bond ReceivedNOYESYESYES
Exhibit E from previous bid
Exhibit A from previous bid
Notifications Report for Sealed Bid #16024 - REBID Mowing for Parks Department
Notifications:
4Ward Construction LLC2016-09-01 07:48:16Excellent Yard Care2016-09-01 07:48:16
9094 Enterprises, LLC2016-09-01 07:48:16exclusive lawn care2016-09-01 07:48:16
Above Grade Lawn Care2016-09-01 07:48:16Father-Son Lawn Care2016-09-01 07:48:16
AC Stewart Enterprises LLC2016-09-01 07:48:16Fence "D" Fence Inc.2016-09-01 07:48:16
Affordable Lawn Care2016-09-01 07:48:16Fitzgerald's Ltd.2016-09-01 07:48:16
Affordable Lawn & Tractor Service2016-09-01 07:48:16George Meeks Landpro, Inc.2016-09-01 07:48:16
All About Mowing LLC2016-09-01 07:48:16G&H Equitas Foundation, Inc.2016-09-01 07:48:16
All America Inc.2016-09-01 07:48:16G.I. Mow2016-09-01 07:48:16
All Materials Construction LLC2016-09-01 07:48:16Goins GoGetters2016-09-01 07:48:16
All Pro General Construction, Inc.2016-09-01 07:48:16Golden Triangle Landscape & Maintenance, LLC2016-09-01 07:48:16
All-PRO Lawn and Garden2016-09-01 07:48:16Good Earth Corporation2016-09-01 07:48:16
All Seasons Lawn Maintenance2016-09-01 07:48:16HLS Enterprises of Tx., Inc.2016-09-01 07:48:16
Allways Evergreen Landscaping2016-09-01 07:48:16Horizon Distributors INC.2016-09-01 07:48:16
Alviar's Lawn Care2016-09-01 07:48:16Horns Crew Trucking2016-09-01 07:48:16
Ambler Castillo2016-09-01 07:48:16Hydrozone Landscape Corporation2016-09-01 07:48:16
Anointed landscaping and lawncare2016-09-01 07:48:16KB Tree Service LLC2016-09-01 07:48:16
Apple Maintenance Company2016-09-01 07:48:16kdtruckinginc2016-09-01 07:48:16
AR Creative Development2016-09-01 07:48:16Kilgore Industrial2016-09-01 07:48:16
A to Z Contracting Service2016-09-01 07:48:16kings all in one service2016-09-01 07:48:16
Bare Roots landscape Solutions2016-09-01 07:48:16K & K Tractor Services LLC2016-09-01 09:08:27
B&B LawnCare & Tree Services 2016-09-01 07:48:16Knockout Landscape2016-09-01 07:48:16
Beach Town Lawn Service2016-09-01 07:48:16KT Maintenance Company, Inc.2016-09-01 07:48:16
Belaire Construction2016-09-01 07:48:16Metcalfe Grounds Maintenance2016-09-01 07:48:16
BEVERLY SUE GLOBAL SERVICES LLC2016-09-01 07:48:16MEYER SMITH INC.2016-09-01 07:48:16
big 9 Services LLC2016-09-01 07:48:16MG Services2016-09-01 07:48:16
BIO Landscape and Maintenance, Inc2016-09-01 07:48:16Mikes Mowing Service2016-09-01 07:48:16
B Jones Enterprises2016-09-01 07:48:16MILCON Construction, LLC2016-09-01 07:48:16
Border Construction2016-09-01 07:48:16MJG Services, LLC2016-09-01 07:48:16
Boyd Construction Services, LLC.2016-09-01 07:48:16M & J lawn service2016-09-01 07:48:16
Brian Gilland's Lawn Care2016-09-01 07:48:16Morales2016-09-01 07:48:16
Brickman/ValleyCrest2016-09-01 07:48:16Mow and Grow2016-09-01 07:48:16
Brown Mule Mowing Inc2016-09-01 07:48:16Mow N More 2016-09-01 07:48:16
Brown's Tractor Mowing2016-09-01 07:48:16Municipal Turf and Sport Fields Consultants2016-09-01 07:48:16
BTLS2016-09-01 08:43:26MYSL, LLC2016-09-01 07:48:16
Buff Right LLC2016-09-01 07:48:16Ruben Rodriguez2016-09-01 07:48:16
Burleson Outdoor Power Equipment2016-09-01 07:48:16SAL ESPARZA, INC.2016-09-01 07:48:16
Bushwackers Lawn Maint. & Specialties2016-09-01 07:48:16Salinas Irrigation Inc.2016-09-01 07:48:16
Business Thru Government2016-09-01 07:48:16Sam Anderson Pvt Ltd2016-09-01 14:43:30
Camp Landscaping Services2016-09-01 07:48:16S.A. Solar Mow2016-09-01 07:48:16
Cantu Contracting Inc.2016-09-01 07:48:16SDI Lawn Service2016-09-01 07:48:16
Carrizales Lawn & Landscaping Service2016-09-01 07:48:16Semarck Landscape Services Inc2016-09-01 07:48:16
C&C Mowing Contractors, Inc.2016-09-01 07:48:16SeRaphia's Lotts2016-09-01 07:48:16
CDC News2016-09-01 07:48:16Shawnee MIssion Tree Service, Inc.2016-09-01 07:48:16
Central Landscape & Maintenance2016-09-01 07:48:16Silver Creek Materials2016-09-01 07:48:16
Chick Landscaping, Inc.2016-09-01 07:48:16Soliz Group LLC2016-09-01 07:48:16
City of Missouri City2016-09-01 07:48:16South East Texas Lawn & Maintenance2016-09-01 07:48:16
Classic irrigation & Landscape Managment2016-09-01 07:48:16Southern Green Lawn and Landscape 2016-09-01 07:48:16
Coastal Bend Yard Works2016-09-01 07:48:16Sports Field Solutions2016-09-01 07:48:16
Coastal Maintenance Concepts, LLC2016-09-01 07:48:16Summer Breeze Lawns LLC2016-09-05 21:22:26
Coastal Property Cleanup2016-09-01 07:48:16Telluride Construction, Inc2016-09-01 07:48:16
Copious Operations, l.l.c2016-09-01 07:48:16Terracare Associates2016-09-01 07:48:16
Cornerstone Maintenance, Inc.2016-09-01 07:48:16Texas Best, LLC.2016-09-01 07:48:16
Cutting Edge Lawncare2016-09-01 07:48:16texas diamond construction llc2016-09-01 07:48:16
Cyanocitta Cristata, Inc2016-09-01 07:48:16Tex-Sand, LLC 2016-09-01 07:48:16
Cyclone Tire Service2016-09-01 07:48:16The Arbor Experts, LLC 2016-09-01 07:48:16
Cypress Creek Pest Control, Inc.2016-09-01 07:48:16The Blue Book Building & Construction Network2016-09-01 23:22:26
Daniels Lawn & Hauling Services2016-09-01 07:48:16THE EB FOUNDATION INC2016-09-01 07:48:16
Davenport Construction2016-09-01 07:48:16Total Lawn and Sprinkler, Inc.2016-09-01 07:48:16
DAVE'S LAWN SERVICE2016-09-01 07:48:16T Smith's Lawn Service2016-09-01 07:48:16
D-Bar Contractors2016-09-01 07:48:16Tuff Cut Lawn & Landscape2016-09-01 07:48:16
DCJ Construction2016-09-01 07:48:16UB Construction and Services2016-09-01 07:48:16
D Davila2016-09-01 07:48:16Vergara mowing and electric motor/ pump service2016-09-01 07:48:16
D & D Commerical Landscape Management2016-09-01 07:48:16VeriClean Services Corporation2016-09-01 07:48:16
DeAngelo Brothers LLC2016-09-01 07:48:16VMC Landscape Services2016-09-01 07:48:16
Denton Lawn Sprinkler, Inc.2016-09-01 07:48:16Wacker and Sons Professional Lawn Care2016-09-01 07:48:16
Derrick n Noah Lawn Service2016-09-01 07:48:16Walter-Keith Enterprises Inc, LLC2016-09-01 07:48:16
DezTex Industrial Service2016-09-01 07:48:16Walter Washington III2016-09-01 07:48:16
Diamond M Field Services LLC2016-09-01 07:48:16Water Experts of Texas Irrigation & Landscaping, LLC2016-09-01 07:48:16
D.I.V.A.S.LLC2016-09-01 07:48:16WCD Enterprises LLC2016-09-06 11:29:24
D&M Commercial Lawn Services, LLC2016-09-01 07:48:16Webbs Landscape Management2016-09-01 07:48:16
DMJ Landscaping 2016-09-02 20:29:26Weldon's Lawn and Tree2016-09-01 07:48:16
Dorame General Repair and Lawn, LLC2016-09-01 07:48:16Westco Grounds Maintenance Co., Inc.2016-09-01 07:48:16
Double S2016-09-01 07:48:16Williams Transport2016-09-01 07:48:16
Durba Construction2016-09-02 07:01:23Worth Landscaping2016-09-01 07:48:16
Duval Logistics, LLC.2016-09-01 07:48:16Yes America Now, Inc2016-09-01 07:48:16
Dyna-Mist Construction2016-09-01 07:48:16ZLynx Enterprise, Inc.2016-09-01 07:48:16
Eagle Precision Lawn Care L.L.C.2016-09-01 07:48:16
Earl Etten2016-09-01 07:48:16
Earthtones Landscape Maintenance2016-09-01 07:48:16
Ecocutter2016-09-01 07:48:16
Ed's Lawn Maintenance Services2016-09-01 07:48:16
ELI'S LAWN SERVICE2016-09-01 07:48:16
Elite Greenscape Services2016-09-01 07:48:16
Encore Group2016-09-01 07:48:16
Encore Group Lawn and Landscape of Greater Houston LLC2016-09-01 09:57:28
Encore Lawn and Landscape of Greater Houston LLC2016-09-01 07:48:16
ERMC IV LP2016-09-01 07:48:16
Access
BidClerk2016-09-05 04:11 AM CDT
Charter Communications2016-09-06 05:26 AM CDT
Hearn Company2016-09-01 03:01 PM CDT#16024 REBID Mowing for Parks Department .pdf
Earl Etten2016-09-01 09:45 PM CDT
Groundstar Inc2016-09-01 06:34 PM CDT#16024 REBID Mowing for Parks Department .pdf
Encore Group Lawn and Landscape of Greater Houston LLC2016-09-01 10:39 AM CDT#16024 REBID Mowing for Parks Department .pdf
Aziaa Corp2016-09-02 04:42 AM CDT
WCD Enterprises LLC2016-09-06 12:27 PM CDT#16024 REBID Mowing for Parks Department .pdf
Onvia2016-09-01 01:01 PM CDT#16024 REBID Mowing for Parks Department .pdf
Hydrozone Landscape Corporation2016-09-16 02:28 PM CDT#16024 REBID Mowing for Parks Department .pdf
Cornerstone Maintenance and Landscaping2016-09-01 04:53 PM CDT#16024 REBID Mowing for Parks Department .pdf
Perkens WS Corporation2016-09-01 12:15 PM CDT#16024 REBID Mowing for Parks Department .pdf
DMJ Landscaping 2016-09-02 09:27 PM CDT#16024 REBID Mowing for Parks Department .pdf
M & J lawn service2016-09-12 10:15 AM CDT
Sam Anderson Pvt Ltd2016-09-01 08:45 AM CDT#16024 REBID Mowing for Parks Department .pdf
Durba Construction2016-09-02 08:00 AM CDT#16024 REBID Mowing for Parks Department .pdf
North America Procurement Council2016-09-06 05:13 AM CDT#16024 REBID Mowing for Parks Department .pdf
Summer Breeze Lawns LLC2016-09-05 10:18 PM CDT#16024 REBID Mowing for Parks Department .pdf
Classic irrigation & Landscape Managment2016-09-01 09:47 PM CDT
NCC Services, Inc.2016-09-06 04:44 PM CDT#16024 REBID Mowing for Parks Department .pdf
Davenport Construction2016-09-08 09:37 AM CDT
Eagle Precision Lawn Care L.L.C.2016-09-02 09:31 PM CDT#16024 REBID Mowing for Parks Department .pdf
The Blue Book Building & Construction Network2016-09-02 12:16 AM CDT#16024 REBID Mowing for Parks Department .pdf
I Sqft Plan Room2016-09-02 05:11 AM CDT
Capital Sign Associates, LLC2016-09-21 01:41 PM CDT
Neo Global Enterprises, LLC2016-09-19 09:27 AM CDT#16024 REBID Mowing for Parks Department .pdf
McLemore Building Maintenance2016-09-07 08:54 AM CDT#16024 REBID Mowing for Parks Department .pdf
Camp Landscaping Services2016-09-01 12:28 PM CDT#16024 REBID Mowing for Parks Department .pdf
Lane's Lawn & Tractor Service2016-09-01 05:25 PM CDT#16024 REBID Mowing for Parks Department .pdf
K & K Tractor Services LLC2016-09-01 10:05 AM CDT#16024 REBID Mowing for Parks Department .pdf
BIO Landscape & Maintenance, Inc.2016-09-01 09:01 AM CDT#16024 REBID Mowing for Parks Department.pdf
BTLS2016-09-01 09:36 AM CDT#16024 REBID Mowing for Parks Department .pdf
Tukmol General Contractor2016-09-03 04:21 AM CDT
Telluride Construction, Inc2016-09-01 10:11 AM CDT
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
October 24, 2016October 24, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ken AdcoxKen AdcoxSource of Funds:Source of Funds:
Requested By:Requested By:
PolicePoliceAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.OrdinanceOrdinance
2.PowerPoint PresentationPowerPoint Presentation
3.Drug Free Zones MapDrug Free Zones Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Texas Health and Safety Code, Section 481.134 allows for enhancement of penalties and fines related Texas Health and Safety Code, Section 481.134 allows for enhancement of penalties
and fines related
to certain drug offenses within 1,000 feet of certain premises, including city parks with certain to certain drug offenses within 1,000 feet of certain premises, including city parks
with certain
playground equipment or play stations; elementary and secondary public school property, junior college playground equipment or play stations; elementary and secondary public school property,
junior college
campuses, and private day care nurseries. In general, persons found in possession of narcotics within campuses, and private day care nurseries. In general, persons found in possession
of narcotics within
a designated drug free zone may have the penalties associated with the offense enhanced by one a designated drug free zone may have the penalties associated with the offense enhanced
by one
rdrdndnd
category (i.e. 3category (i.e. 3 Degree Felony to a 2 Degree Felony to a 2 Degree Felony). Degree Felony).
The Harris County District AttorneyThe Harris County District Attorneys Office requires communities wanting to enforce these drug free s Office requires communities wanting to enforce
these drug free
zones to adopt a map illustrating applicable property boundaries and Drug Free Zone perimeters, zones to adopt a map illustrating applicable property boundaries and Drug Free Zone perimeters,
through the communitythrough the communitys respective City Councils, via City Ordinance. Appropriate signage warning of s respective City Councils, via City Ordinance. Appropriate
signage warning of
Drug Free Zones is highly encouraged and would aid prosecution efforts greatly.Drug Free Zones is highly encouraged and would aid prosecution efforts greatly.Drug Free Zones is highly
encouraged and would aid prosecution efforts greatly.Drug Free Zones is highly encouraged and would aid prosecution efforts greatly.
Action Required of Council:Action Required of Council:
Consider approval or other action to adopt an Ordinance establishing Drug Free Zones and adopting a Consider approval or other action to adopt an Ordinance establishing Drug Free Zones
and adopting a
map illustrating the Drug Free Zone perimeters.map illustrating the Drug Free Zone perimeters.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
City of La Porte, Texas
Drug Free Zones
Texas Health and Safety Code, Section 481.134:
Allows for enhancement of penalties and fines related to
certain drug offenses
Within 1,000 feet of certain premises, including public
parks with certain playground equipment or play stations;
elementary and secondary public school property, junior
college campuses, and private day care nurseries.
Drug Free Zones
Certain drug offenses punishable by incarceration and
fine may be enhanced, if it is shown at the punishment
phase that the offense occurred 1,000 feet of specific
property outlined in the Texas Health and Safety Code.
Council must adopt a map illustrating applicable property
boundaries and Drug Free Zone perimeters of 1,000 feet.
Council must adopt ordinance declaring Drug Free Zones
around certain properties.
Proper signage is highly recommended by the Harris
County District Attorneys Office at appropriate locations
warning of Drug Free Zones.
Drug Free Zones Map
Drug Free Zone Signage
WARNING
DRUG FREE ZONE
Jail time and fines can be doubled for the
sale or possession of drugs in this area.
Texas H & S code sec. 481.134
STRANG RD
STRANG RD
E 13TH ST
PORTER RD
E X ST
MONUMENT RD
SAN
JACINTO DR
DEAF SMITH DR
BOIS DARC DR
ALAMO DR
MC CARTY
N P ST
N P ST
BAY VISTA
PLAINBROOK RD
SUNSET RIDGE
FIELDCREST DR
FIELD CREST
N L ST
L ST
N L ST
THRUSH ST
WREN ST
SPARROW ST
VIOLA
N J ST
CARDINAL ST
LOVINNIE
BLUEBIRD LN
HUMMINGBIRD
ROBIN ST
N H STFAIRLANE
N H ST
GLENPARK DR
RID
GECRESE BARBOURS CUT BLVD
TW BARBOURS CUT BLVD
ARCHWAY DR
CAVALRY
N E ST
PARKCREST DR
FLINTLOCK
VALLEY BROOK CTGLENVIEW DR
W MADISON STE. MADISON
N D ST
CRESTWAY DR
N C ST
W TYLER ST
VALLEY VIEW DR
W ADAMS ST
BAYSIDE CROSSING DR
GLENVALLEY DR
W POLK ST
W POLK ST
CREEKVIEW DR
ST
W MAIN
SPENCER HWY
OLD ORCHARD RD
OLD ORCHARD RD
MONTGOMERY LN
A
PPOMATT
OX
FAIRWOOD DRW A ST
W A ST
ANTRIM LN
ANTRIM LN
OAKWOOD DR
BAKER
CATLETT LN
W B ST
SPRUCE DRN SPRUCE DR
BELFAST RD
CATLETT LN
BULL RUN
OOD DR
THORNW
S SPRUCE DR
CARLOW LN
C STW C ST
BELFAST LNW
CHATTANOOGA
GRAYWOOD CT
LINWOOD CT
STONEMONT RD
CARLOW LNDOGWOOD
DR
DOGWOOD DR
W D STW D ST
OAKHAVEN RD
EAGLE RUN
IDLEWOOD DRPINEW
OOD CT
W E ST
MULBERRY DR
W E ST
ROSEWOOD CT
COLLINGSWOOD DR
W F ST
W F ST
VENTURE LN
BIRCH DR
BIRCH
RUSTIC GATE RD
MESQUITE DR
W G ST
W G ST
L ROCK RD
SHEL
PECAN DR
ORCH
ARD LN
DW H ST
OCKY HOLLOW R
R
CANIFF RDPARK LN.
W I ST
ARKWAY DR
P
TEJAS CT
FAIRMONT PKWY
W K STW K ST
NEW CENTURY DR
W M ST
LITTLE CEDAR BAYOU DR
EXPORT DR
HO
WALD CT
LVD
EEMS B
RTON W
WHA
DR
IRWAY
FA
REY
NOLDS
BAY ST
SANDEL
JUNIPE
R
FOUNTAIN DR
VIEW
CRESCENT
MC CABE RDMC CABE RD
PINE BLUFF DR
HACKBERR
Y AVE
BAYSIDE DR
Legend
OAKS DR
BAY
FAIRFIELD AVE
FAIRFIELD AVE
WATUM
BA
Drug Free Zones
MEADOWLAWN AVE
MEADOWLAWN AVE
UNKNOWN
FOREST ST
FOREST ST
SE
AGROVE AVE
DAY CARE 1,000' BUFFER
SHOREACRES BLVD
CHOATE RD
OAKD
ALE AVE
OAKDALE AVE
SHADYLAWN AVE
PARKS 1,000' BUFFER
BAYWOOD AVEBAYWOOD AVE
B
AY COL
ONY DR
N. SHADY LN
SCHOOLS 1,000' BUFFER
S. SHADY LN
DAYCARES
Schools
Parks
CityLimits
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:October 24, 2016 Appropriation:
Requested By: Traci Leach Source of Funds: 015
Department: Administration Account Number:
Report: __ __Resolution: _____Ordinance: _ _Amount Budgeted: $65,000
Exhibits: Approved Monument Design Amount Requested: $80,579.35
Bid Tabulation
Budgeted Item: Yes
_____________________________________________________________________________________
SUMMARY & RECOMMENDATION
In the FY16 budget, the City partnered with TXDOT to beautify the median entryway at Wharton
Weems Blvd and SH146. TXDOT is currently underway on the construction of its portion of the
project- removal of existing concrete, installation of pavers, and installation of irrigation and
landscaping. The TXDOT work will occur in two time frames, with the demolition work happening
now and the landscape and paver work occurring once the City’s portion of the project is completed.
The City included $75,000 in the CIP to construct an entryway monument. The City engaged an
architectural design firm, Knudson LP, to create several design concepts for Council consideration
and Council selected Design Option 3 at the May 2016 Council meeting. Estimated construction cost
at this time is approximately $65,000.
Bid No. 16023 was advertised in the Bay Area Observer on August 25 and September 1, with a bid
opening on September 13, 2016. Two bids were received and the low bid submitted by Capital Sign
Associates, LLC was approximately $15,000 over the construction budget. While staff anticipated
that this may be the case, the bids were still higher than what was expected. At this time, staff has
several options for Council’s consideration:
Option 1: Accept the bids, as submitted, and award to Capital Sign Associates, LLC in the
amount of $80,579.35 and authorize staff to utilize $20,579.35 from the CIP contingency
amount ($100,000) to cover the overage amount. As indicated during the May briefing, staff
will pursue a grant opportunity to offset the overage amount, which, if awarded, would
eliminate the need to use contingency funds. It should be noted that while initial indications
are that the City’s project would qualify, there is no guarantee that the project will be
awarded a grant. The benefit of selecting this option is that the project can move forward as
designed and within the time frame that staff had expected. The disadvantage to selecting
this option is that the cost of the project may be more than anticipated if the City is not able
to secure the grant.
Option 2: Reject the bids, as submitted, and work with the architect to value engineer the
project in hopes of getting better bids when the project is re-bid. The benefit of selecting this
option is that there’s an opportunity for the City to obtain better bids by re-evaluating the
materials and options for the monument construction. Staff has already identified several
components such as completing lighting separately, changing the stone façade treatment from
veneer to chopped block, and transitioning to stucco in the lettering area that may provide
some cost savings. The disadvantage to selecting this option is that the construction of the
monument itself would be delayed and there would not be a guarantee of cost savings on a
re-bid.
Staff is seeking direction on the next step.
Action Required by Council:
Provide direction regarding construction of the Wharton Weems entryway monument.
Approved for City Council Agenda
___________________________________ _______________________
Corby D. Alexander, City Manager Date
Capital Sign Associates, LLCHoggatt, LP
Extended Extended
CostCost
Item DescriptionsUOMQTYUnit CostQTYUnit Cost
MobilizationLS1100010001500
Structural FoundationLS159635963140927
CMU Construction (as detailed)SF19268.1613086.7210408
Chopped Stone Masonry (as detailed)SF48272.6413086.725940
Cast Stone Masonry (as detailed)SF29763.0318719.9117200
Electrical WorkEA14970497016900
LED Sign LightersEA619001140020700
Steel Pin Letter PackageEA22005401024450
Traffic Control per TXDOT standardsDAY213252650No Bid
Contractor BondsAL12000200013020
Contractor InsuranceAL169369311150
General ConditionsAL1300030001250
Total Base Bid80579.35111445
Line item 5, chopped stone masonry extension is incorrect on original bid. Bid reads 48 SF x 272.64 = $3709.00. Should read 48 SF x 272.64 = 13086.72
Addendum 1 acknowledgednoyes
Addendum 2 acknowledgednoyes
Bid Bondyesyes
Thisoptionwas
selectedbyCouncil
Council Agenda Item
October 24, 2016
9. (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken
***********************************************************************************
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 24, 2016
Source of Funds: ______N/A___________
Requested By: Matt Hartleib
Account Number: ______N/A__________
Department: Human Resources
Amount Budgeted: _____N/A___________
Report: _ __Resolution: ____ Ordinance: ___
Amount Requested: ____N/A__________
Budgeted Item: YES NO
SUMMARY& RECOMMENDATION
This item has been placed on the agenda to provide the Council with an update on the upcoming
insurance coverage proposals that will be considered at the November 14, 2016 meeting.
On June 13, 2016, IPS was selected to be the benefits consultant for the City of La Porte. Since that time,
IPS has been working with both City staff and the City’s current benefit providers, particularly Aetna, to
obtain utilization information that can be used to solicit bids for the City’s benefits package.
On September 1, 2016, the City advertised for proposals for medical insurance, third party administrator,
stop loss insurance, vision insurance, and the over-65 retiree insurance. Proposals were received on
September 27, 2016 and IPS is currently soliciting best and final offers from the top respondents. Initial
proposals were positive, with at least one provider for each category of insurance presenting proposals
that were either at or below the approved budget for each line of coverage.
The best and final offers are due to IPS today and a Chapter 172 meeting is scheduled this week to review
the best and final proposals.
Staff will be bringing the Chapter 172 recommendations on all lines of coverage to the Council at the
November 14, 2016 meeting for approval. Open enrollment for employees and retirees will occur
immediately thereafter.
_____________________________________________________________________________________
Action Required by Council:
None.
_____________________________________________________________________________________
Approved for City Council Agenda
____________________________________ _______________________
Corby Alexander, City Manager Date
Council Agenda Item
October 24, 2016
10. ADMINISTRATIVE REPORTS
Zoning Board of Adjustment Meeting, Tuesday, October 25, 2016
City Council Meeting, Monday, November 14, 2016
City Council Meeting, Monday, December 12, 2016
La Porte Development Corporation Board Meeting, Monday, December 12, 2016
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events: inquiry of staff regarding
specific factual information or existing policies. Councilmembers J. Martin, K. Martin,
Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen and Mayor Rigby
12. ADJOURN
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