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HomeMy WebLinkAbout11-14-16 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 November 14, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held November 14, 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.INVOCATIONINVOCATION––The invocation will be given by Joshua Ojeda, Fairmont Park Church.The invocation will be given by Joshua Ojeda, Fairmont Park Church.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Kristin Martin. The Pledge of Allegiance will be led by Councilmember Kristin Martin.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognition Recognition -- 2016 City University Participants 2016 City University Participants -- Mayor Rigby Mayor Rigby (b)Proclamation Proclamation -- Tony Constanzo Day Tony Constanzo Day -- Mayor Rigby Mayor Rigby (c)Recognition Recognition -- Employees of the Third Quarter (2016) Employees of the Third Quarter (2016) -- Rachel Gomez and Trudy Rayburn Rachel Gomez and Trudy Rayburn - City of La Porte Emergency Medical Services (EMS) Department City of La Porte Emergency Medical Services (EMS) Department -- 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 24, 2016 Consider approval or other action regarding minutes of the meeting held on October 24, 2016 -- P. Fogarty P. Fogarty (b)Consider approval or other action to ratify Mayor Rigby's appointment of James Edwards to Consider approval or other action to ratify Mayor Rigby's appointment of James Edwards to the Harristhe Harris--Galveston Subsidence District for a twoGalveston Subsidence District for a two--year term ending January 31, 2019 year term ending January 31, 2019 - P. FogartyFogarty (c)Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with Harris County to construct sidewalk, drainage and traffic control improvements along with Harris County to construct sidewalk, drainage and traffic control improvements along Park Drive from S. Blackwell to Fairmont Parkway Park Drive from S. Blackwell to Fairmont Parkway -- S. Valiante S. Valiante (d)Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with Harris County to construct a sidewalk along Park Drive from S. Lobit to San Jacinto with Harris County to construct a sidewalk along Park Drive from S. Lobit to San Jacinto Street. Street. -- S. Valiante S. Valiante (e)Consider approval or other action awarding bid for vehicle and equipment replacements for Consider approval or other action awarding bid for vehicle and equipment replacements for Fiscal Year 2016Fiscal Year 2016--17 17 -- S. Valiante S. Valiante (f)(f)Consider approval or other action regarding the purchase of playground equipment in the Consider approval or other action regarding the purchase of playground equipment in the Consider approval or other action regarding the purchase of playground equipment in the Consider approval or other action regarding the purchase of playground equipment in the amount of $52,949.52 from GameTime, for Lomax Park and Tom Brown Park amount of $52,949.52 from GameTime, for Lomax Park and Tom Brown Park -- R. Epting R. Epting (g)Consider approval or other action authorizing the purchase of medical treatment devices in Consider approval or other action authorizing the purchase of medical treatment devices in the amount of $57,603.33 from Physiothe amount of $57,603.33 from Physio--Control, Inc. Control, Inc. -- R. Nolen R. Nolen (h)Consider approval or other action regarding the purchase of computers through PCMG Consider approval or other action regarding the purchase of computers through PCMG (PCMall Gov) utilizing Buy Board Contract 498(PCMall Gov) utilizing Buy Board Contract 498--15) 15) -- R. Valdez R. Valdez (i)Consider approval or other action to roll over requested encumbrance from La Porte Fiscal Consider approval or other action to roll over requested encumbrance from La Porte Fiscal Year 2016 Budget to La Porte Fiscal Year 2017 Budget Year 2016 Budget to La Porte Fiscal Year 2017 Budget -- M. Dolby M. Dolby (j)Consider approval or other action accepting the Fiscal Year 2016 audit/asset forfeiture report Consider approval or other action accepting the Fiscal Year 2016 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure Procedure --K. AdcoxK. Adcox 7.AUTHORIZATIONSAUTHORIZATIONS (a)Consider approval or other action regarding recommendation of City Staff and the Chapter Consider approval or other action regarding recommendation of City Staff and the Chapter 172 Employee Retiree Insurance and Benefits Committee for award of bid proposal to 172 Employee Retiree Insurance and Benefits Committee for award of bid proposal to vendors for Medical; Pharmacy; Stop Loss; Medicare and Vision benefits plans vendors for Medical; Pharmacy; Stop Loss; Medicare and Vision benefits plans -- M. Hartleib M. Hartleib (b)Consider approval or other action regarding vendor service contract for mowing of City Consider approval or other action regarding vendor service contract for mowing of City - maintained properties maintained properties -- R. Epting R. Epting 8.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION (a)Discussion and possible action regarding design of the elevated storage tank artwork on 4th Discussion and possible action regarding design of the elevated storage tank artwork on 4th Street and Main Street Street and Main Street -- S. Valiante S. Valiante (b)Discussion and possible action regarding City of La Porte Parks and Recreation Department Discussion and possible action regarding City of La Porte Parks and Recreation Department Operational Analysis Operational Analysis -- R. Epting R. Epting (c)Discussion and possible action regarding future operations of the La Porte Boys Baseball Discussion and possible action regarding future operations of the La Porte Boys Baseball Association Association -- C. Alexander C. Alexander 9.REPORTSREPORTS (a)Receive report of Fiscal Affairs Committee Receive report of Fiscal Affairs Committee -- Councilmember Engelken Councilmember Engelken 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Thanksgiving Holidays, Thursday, November 24, 2016 and Friday, November 25, 2016Thanksgiving Holidays, Thursday, November 24, 2016 and Friday, November 25, 2016 •La Porte Development Corporation Board Meeting, Monday, December 12, 2016La Porte Development Corporation Board Meeting, Monday, December 12, 2016 •City Council Meeting, Monday December 12, 2016City Council Meeting, Monday December 12, 2016 •Christmas Holidays, Friday, December 23, 2016 and Monday, December 26, 2016Christmas Holidays, Friday, December 23, 2016 and Monday, December 26, 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 information or existing policies ––Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, J. Martin and Mayor Rigby.Earp, Clausen, J. Martin and Mayor Rigby.   12.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if 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 Code (the Texas open applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the November 14, 2016 , agenda of items to be considered by the City Council was posted on the I certify that a copy of the November 14, 2016 , agenda of items to be considered by the City Council was posted on the City Hall bulletin board on November 8, 2016.City Hall bulletin board on November 8, 2016. Council Agenda Item Council Agenda Item November 14, 2016 November 14, 2016 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Joshua Ojeda, Fairmont Park Church.The invocation will be given by Joshua Ojeda, Fairmont Park Church.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Kristin Martin. The Pledge of Allegiance will be led by Councilmember Kristin Martin.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognition Recognition -- 2016 City University Participants 2016 City University Participants -- Mayor Rigby Mayor Rigby (b)Proclamation Proclamation -- Tony Constanzo Day Tony Constanzo Day -- Mayor Rigby Mayor Rigby (c)(c)Recognition Recognition Recognition Recognition ---- Employees of the Third Quarter (2016) Employees of the Third Quarter (2016) Employees of the Third Quarter (2016) Employees of the Third Quarter (2016) ---- Rachel Gomez and Trudy Rayburn Rachel Gomez and Trudy Rayburn Rachel Gomez and Trudy Rayburn Rachel Gomez and Trudy Rayburn -- City of La Porte Emergency Medical Services (EMS) Department City of La Porte Emergency Medical Services (EMS) Department -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** /źƷǤ ƓźǝĻƩƭźƷǤ tğƩƷźĭźƦğƓƷ wĻĭƚŭƓźƷźƚƓ In September 2016, the City began its second City University class. Sixteen citizens signed up for the class and met every Thursday for eleven 35,000 running smoothly on a daily basis. This unique opportunity gave participants hands on interaction with key City Staff, tours of City facilities, a closer look at the services the City provides, and a chance to ask questions about operations. The class of 2016 provided the City with citizen input and has shown our employees that we have great leaders who can help influence the direction the City takes in the future by serving on boards and commissions. We congratulate all of you for completing the course and look forward to working with you in the future. At this time I would like to recognize the following City University graduates: Dan Parker Aubry Sartori Peggy Daigle Bonnie Schoellkopf John Blakemore Nancy Blakemore Anne Deines Chuck Rosa Jane Rosa Samantha Rosa Paula Wohoutka Richard Nguyen Jessica Nelson John Baker Rebecca Himes Byron Cook Ʃķ 9ƒƦƌƚǤĻĻƭ ƚŅ ƷŷĻ Ќ vǒğƩƷĻƩ ЋЉЊЏ wğĭŷĻƌ DƚƒĻǩ ğƓķ ƩǒķǤ wğǤĬǒƩƓ Ώ 9a{ wğĭŷĻƌ DƚƒĻǩ ğƓķ ƩǒķǤ wğǤĬǒƩƓ ĬƚƷŷ ĭǒƩƩĻƓƷƌǤ ƭĻƩǝĻ ƷŷĻ \[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ ğƭ \[źĻǒƷĻƓğƓƷƭ źƓ ƷŷĻ 9ƒĻƩŭĻƓĭǤ aĻķźĭğƌ {ĻƩǝźĭĻƭ ķźǝźƭźƚƓ͵ wğĭŷĻƌ ƆƚźƓĻķ ƷŷĻ \[ğ tƚƩƷĻ ƷĻğƒ źƓ WğƓǒğƩǤ ƚŅ ЋЉЉЉ ğƓķ ƩǒķǤ źƓ ağƩĭŷ ƚŅ ЋЉЉВ͵ .ƚƷŷ ĻƒƦƌƚǤĻĻƭ ƦĻƩŅƚƩƒ ƷŷĻźƩ ķğźƌǤ ƆƚĬƭ ǞźƷŷ ŷźŭŷ ƌĻǝĻƌƭ ƚŅ ƦƩƚŅĻƭƭźƚƓğƌźƭƒ ğƓķ ķĻķźĭğƷźƚƓ͵ ŷĻǤ ƌĻğķ ƷŷĻźƩ ƩĻƭƦĻĭƷźǝĻ ƭŷźŅƷƭ ĬǤ ĻǣğƒƦƌĻ ǞźƷŷ ƷŷĻźƩ ƦƚƭźƷźǝĻ ğƷƷźƷǒķĻƭ ğƓķ ƷŷĻźƩ ĭğƩĻ ŅƚƩ ƦğƷźĻƓƷƭ͵ ŷĻǤ ĭƚƓƷźƓǒğƌƌǤ ƭĻĻƉ ĬĻƷƷĻƩ ǞğǤƭ Ʒƚ ƭĻƩǝĻ ƷŷĻ ĭƚƒƒǒƓźƷǤ ğƓķ ƩĻƦƩĻƭĻƓƷ ƷŷĻ /źƷǤ ǞĻƌƌ͵ LƓ ƷŷĻ ƒƚƓƷŷ ƚŅ WǒƌǤͲ ƷŷĻƭĻ ƷǞƚ ĻƒƦƌƚǤĻĻƭ ƷĻğƒĻķ ǒƦ ŅƚƩ ğ Ɖźķ ŅƩźĻƓķƌǤ Ņƚƚķ ķƩźǝĻ ĬĻƓĻŅźƷƷźƓŭ ŷĻ .ƩźķŭĻ hǝĻƩ ƩƚǒĬƌĻķ ‘ğƷĻƩƭͲ ğƓ ğŭĻƓĭǤ ķĻķźĭğƷĻķ Ʒƚ ƚŅŅĻƩźƓŭ ƭǒƦƦƚƩƷ ŅƚƩ ǝźĭƷźƒƭ ƚŅ ķƚƒĻƭƷźĭ ǝźƚƌĻƓĭĻ͵ ŷĻǤ ŷğķ ĬƩƚĭŷǒƩĻƭ ƦƩźƓƷĻķͲ ƦƌğĭĻķ Ņƚƚķ ķƩƚƦ ĬƚǣĻƭ źƓ ƭĻǝĻƩğƌ ĭźƷǤ ĬǒźƌķźƓŭƭͲ ğƓķ ķźķ ğ Ņƚƚķ ķƩźǝĻ ğƷ YƩƚŭĻƩ ǞŷĻƩĻ ƷŷĻǤ ŅźƌƌĻķ ƷŷĻ ĬğĭƉ ƚŅ ğƓ ğƒĬǒƌğƓĭĻ ǞźƷŷ ķƚƓğƷźƚƓƭ͵ LƓ ƷƚƷğƌͲ ƷŷĻźƩ ĻŅŅƚƩƷƭ ĭƚƌƌĻĭƷĻķ ƚǝĻƩ ЊͲАЉЉ ƦƚǒƓķƭ ƚŅ Ņƚƚķ͵ ŷĻ .ƩźķŭĻ Ǟğƭ ǝĻƩǤ ŭƩğƷĻŅǒƌ ŅƚƩ ƷŷĻ ƭǒƦƦƚƩƷ ƩĻĭĻźǝĻķ ŅƩƚƒ ƷŷĻ ĭƚƒƒǒƓźƷǤͲ ğƓķ ƭƦĻĭźŅźĭğƌƌǤ ŅƚƩ ƷŷĻ ƚƩŭğƓźǩğƷźƚƓ ğƓķ ƌĻğķĻƩƭŷźƦ ŭźǝĻƓ ĬǤ wğĭŷĻƌ ğƓķ ƩǒķǤ͵ CƚƩ ƷŷĻźƩ ƚƓŭƚźƓŭ ƭĻƩǝźĭĻͲ ƷŷĻźƩ ŷźŭŷ ƌĻǝĻƌƭ ƚŅ ƦĻƩŅƚƩƒğƓĭĻͲ ğƓķ ƷŷĻźƩ źƓźƷźğƷźǝĻ Ʒƚ ŭƚ ğĬƚǝĻ ğƓķ ĬĻǤƚƓķ Ʒƚ ƦƩƚǝźķĻ ƭǒƦƦƚƩƷ ƷŷƩƚǒŭŷ Ʒŷźƭ Ņƚƚķ ķƩźǝĻͲ ƦƌĻğƭĻ ƆƚźƓ ƒĻ źƓ ƩĻĭƚŭƓźǩźƓŭ wğĭŷĻƌ DƚƒĻǩ ğƓķ ƩǒķǤ wğǤĬǒƩƓ ğƭ ƷŷĻ 9ƒƦƌƚǤĻĻƭ ƚŅ ƷŷĻ vǒğƩƷĻƩ͵ Council Agenda Item November 14, 2016 6. CONSENT AGENDA (a) Consider approval or other action regarding minutes of the meeting held on October 24, 2016 – P. Fogarty (b) Consider approval or other action to ratify Mayor Rigby’s appointment of James Edwards to the Harris-Galveston Subsidence District for a two-year term ending January 31, 2019 – P. Fogarty (c) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with Harris County to construct sidewalk, drainage and traffic control improvements along Park Drive from S. Blackwell to Fairmont Parkway – S. Valiante (d) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with Harris County to construct a sidewalk along Park Drive from S. Lobit to San Jacinto Street – S. Valiante (e) Consider approval or other action awarding bid for vehicle and equipment replacements for Fiscal Year 2016-17 – S. Valiante (f) Consider approval or other action regarding the purchase of playground equi9pment in the amount of $52,949.52 from GameTime, for Lomax Park and Tom Brown Park – R. Epting (g) Consider approval or other action authorizing the purchase of medical treatment devices in the amount of $57,603.33 from Physio-Control, Inc. – R. Nolen (h) Consider approval or other action regarding the purchase of computers through PCMG (PCMall Gov) utilizing Buy Board Contract 498-15 – R. Valdez (i) Consider approval or other action to roll over requested encumbrance from La Porte Fiscal Year 2016 Budget to La Porte Fiscal Year 2017 Budget – M. Dolby (j) Consider approval or other action accepting the Fiscal Year 2016 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure – K. Adcox **************************************************************************************************** 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 24, 2016 The City Council of the City of La Porte met in a regular meeting on Monday, October 24, 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, J. Martin, K. Martin, Zemanek, Clausen, and Kaminski. Absent: Councilmembers Earp and Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation Municipal Court Week Mayor Rigby Mayor Rigby presented a proclamation to Municipal Court for Municipal Court Week. (b) Recognition The City of La Porte 2016 Achievement of Excellence in Procurement Award Mayor Rigby Mayor Rigby recognized the Finance Department for receiving the 2016 Achievement of Excellence in Procurement Award. (c) Recognition The City of La Porte Government Finance Officers Association Distinguished Budget Presentation Award for Fiscal Year 2015 Mayor Rigby Mayor Rigby recognized the Finance Department for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for Fiscal Year 2015. (d) Recognition The City of La Porte Certificate of Achievement for excellence in Financial Reporting for Fiscal Year 2015 Mayor Rigby Mayor Rigby recognized the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2015. (e) Recognition City of La Porte Outstanding Achievement in Popular Annual Financial Reporting for Fiscal Year 2015 Mayor Rigby Mayor Rigby recognized the Finance Department for receiving the Outstanding Achievement in Popular Annual Financial Reporting for Fiscal Year 2015. Page 1 of 4 Oct. 24, 2016, Council Meeting Minutes (f) Recognition City of La Porte Traditional Finance Star and the Contract and Procurement Star Mayor Rigby Mayor Rigby recognized the Finance Department for receiving the Traditional Finance Star and the Contract and Procurement Star. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Courtney Dodge, 201 S. Virginia, addressed Council and advised the Mayor she has been trying to schedule a meeting with him and has not been successful. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of meeting held on October 10, 2016 P. Fogarty (b) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC 2017 General Assembly and Board of Directors P. Fogarty (c) Consider approval or other action regarding approval of proposed settlement agreement to resolve pending litigation: USOR Site Group PRP v. Texas A&M Contractors C. Alexander (d) Consider approval or other action regarding the purchase of vehicles by the La Porte Fire Control, Prevention and Emergency Medical Services District R. Nolen (e) Consider approval or other action regarding purchase of fleet equipment from CAP Fleet Outfitters under Texas Buy Board Contract 430-13 K. Adcox (f) Consider approval or other action awarding Bid # 16024 for Re-Bid of Parks Mowing R. Epting Regarding Item F, Mayor Rigby advised the item is being removed for consideration by City Manager Corby Alexander. Councilmember Engelken made a motion to approve the Consent Agenda items pursuant to staff recommendations. Councilmember K. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers Earp and Leonard were absent. 7. AUTHORIZATIONS (a) Consider approval or other action adopting an Ordinance establishing Drug Free Zones and adopting a map illustrating the Drug Free Zone perimeters K. Adcox Police Chief Ken Adcox presented a summary. Councilmember Engelken made a motion to adopt an Ordinance establishing Drug Free Zones and adopting a map illustrating the Drug Free Zone perimeters. Councilmember J. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers Earp and Leonard were absent. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3657: AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS APPROVING A MAP AS THE OFFICIAL RECORD OF THE LOCATION AND BOUNDARIES OF DRUG-FREE ZONES WITHIN THE CITY LIMITS IN ORDER TO AID CRIMINAL PROSECUTION IN ENHANCEMENT OF CRIMINAL PENALTIES FOR UNLAWFUL DRUG ACTIVITIES IN THESE ZONES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 2 of 4 Oct. 24, 2016, Council Meeting Minutes 8. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding construction of the Wharton Weems Blvd entryway monument. T. Leach Assistant City Manager Traci Leach presented a summary. Councilmember J. Martin made a motion to review the two options on a rebid and come back to a future meeting with a recommendation. Councilmember Engelken seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers Earp and Leonard were absent. 9. REPORTS (a) Receive report of La Porte Development Corporation Board Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting held prior to the City Council Meeting. (b) Receive report regarding City of La Porte insurance coverage proposals M. Hartleib Human Resources Manager Matt Hartleib introduced Consultants with IPS, Brent Weeger and John Heerwagen. Mr. Heerwagen provided an update report on the proposal process. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander reported that Public Works Director Sharon Valiante will be leaving the City of La Porte. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember J. Martin commented he hates to see Public Works Director Sharon Valiante leave the City of La Porte and thanked her for her services; thanked Police Chief Ken Adcox for the ordinance for Drug-Free Zones and thanked the Parks and Recreation Department for Fright Night; Councilmember K. Martin commented she hates to see Public Works Director Sharon Valiante leave the City of La Porte and thanked Municipal Court and the Finance Department for their hard work; Councilmember Kaminski congratulated Municipal Court and the Finance Department; commented she will miss Public Works Director Sharon Valiante and advised Parks and Recreation Director Roslyn Epting she has received good comments on the activities for Fright Night; thanked Police Chief Ken Adcox for the ordinance for Drug-Free Zones and sent prayers out to Councilmember Earp and his family; Councilmember Zemanek congratulated Municipal Court and the Finance Department; thanked Public Works Director Sharon Valiante for her services and asked everyone to pray for Councilmember Earp and encouraged everyone to go out and vote in the election; Councilmember Engelken congratulated Municipal Court and the Finance Department; wished Public Works Director Sharon Valiante well in her future endeavors; commented he appreciates the ordinance for Drug-Free Zones and commented he was surprised the water tank in Fairmont Parks was in the Houston Chronicle and came in fourth place; Councilmember Clausen wished Public Works Director Sharon Valiante good luck; congratulated Municipal Court and the Finance Department and commented Councilmember Earp will be in his prayers; and Mayor Rigby thanked Municipal Court and the Finance Department for their hard work. Page 3 of 4 Oct. 24, 2016, Council Meeting Minutes 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 6:55 p.m. Councilmember Clausen seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers Earp and Leonard were absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on November 14, 2016. ________________________________ Mayor Louis R. Rigby Page 4 of 4 Oct. 24, 2016, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016    Source of Funds:Source of Funds: Patrice FogartyPatrice Fogarty Requested By:Requested By:    Account Number:Account Number: City Secretary's OfficeCity Secretary's Office Department:Department:    Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance:    Amount Requested:Amount Requested:    Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS James Edwards is a board member of the HarrisJames Edwards is a board member of the Harris--Galveston Subsidence District, and his current term Galveston Subsidence District, and his current term will expire on January 31, 2017.  The mayors of the cities of Deer Park, Galena Park, La Porte, Nassau will expire on January 31, 2017.  The mayors of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, Seabrook, and the President of the Clear Lake City Water Authority make this appointment. Bay, Seabrook, and the President of the Clear Lake City Water Authority make this appointment.  Mr. Edwards seeks reappointment, and Mayor Rigby is in favor of reappointing him. Mr. Edwards seeks reappointment, and Mayor Rigby is in favor of reappointing him.    Action Required of Council:Action Required of Council: Consider approval or other action to ratify Mayor RigbyConsider approval or other action to ratify Mayor Rigby’’s appointment of James Edwards to the s appointment of James Edwards to the Harris‑Galveston Subsidence District for a twoGalveston Subsidence District for a two--year term ending January 31, 2019, and authorize the year term ending January 31, 2019, and authorize the City Secretary to send a notice letter to the Subsidence District. City Secretary to send a notice letter to the Subsidence District.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: November 14, 2016 Source of Funds: Harris County Requested By: Sharon Valiante Grant Amount: $150,000 Department: Public Works Account Number: Report: X Resolution: Ordinance: Budgeted Item: YES NO Exhibits: Interlocal Agreement Exhibits: Project Map Exhibits Construction Estimate SUMMARY & RECOMMENDATION Sidewalk networks are an integral part of the multi-modal system within a City to get people from point A to point B in a safe and pedestrian friendly manner. Park Dr. from S. Blackwell to Fairmont Parkway, which serves as a direct route for residents walking to and from the La Porte High School and the Seabreeze Park area, currently has no comprehensive, integrated and connected sidewalk network. Staff recognized the need and analyzed the area to develop a conceptual layout that would address the need. To facilitate this project, staff reached out to Harris County (County) through the County’s Safe Route to School Program and received a commitment from Harris County Commissioner Morman’s office to provide a maximum of $150,000 to help fund the Project. The Program facilitates the construction of sidewalks to and from, and in the area near schools. To use the program funding it is necessary to enter to an Interlocal Agreement (ILA) that establishes the project scope and responsibilities of the parties involved. The ILA commits the City to design and construction of the project and to assume the maintenance of the project once completed. The County commits to providing the funding amount not to exceed $150,000 within 45 days of construction award. The project design is at 100% and under review by Harris County and Harris County Community Services. The project scope is a 5 –foot wide concrete sidewalk from S. Blackwell to Fairmont Parkway, with ADA compliant ramps, pavement markings, and signage. The current preliminary construction estimate is $418,000. (Additional project funding was committed thru the FY 16 CIP with $285,600 expected from a Harris County Transit Authority Grant – ILA pending Council approval on companion item on this agenda.) Action Required by Council: Consider approval or other action authorizing the Mayor to execute, and the City Secretary to attest, an Interlocal Agreement with Harris County for the County to provide a maximum of $150,000 thru the Safe Routes to School Program to help construct a sidewalk network along Park Dr. from S. Blackwell to Fairmont Parkway. Approved for City Council Agenda Corby D. Alexander, City Manager Date INTERLOCAL AGREEMENT Harris County City of La Porte, Texas et seq TERMS Section 1. Responsibilities of the Parties Section 2. Funding of the Project Section 3. Right of Entry, Access, and Review Section 4.Maintenance and Repair Section 5.Ownership and Control Section 6. Liability of the Parties Section 7.Term and Termination Section 8. Miscellaneous HARRIS COUNTY CITY OF LA PORTE, TEXAS ORDER OF COMMISSIONERS COURT ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LA PORTE, TEXAS FOR THE COUNTY TO CONTRIBUTE FUNDS TO THE CIAND MAINTAIN IMPROVEMENTS TO PARK STREET IN PRECINCT 2 PROGRAM LOCATION OF SIDEWALK SAFE ROUTES TO SCHOOL. KWY AIRMONT P E F E. FAIRMONT PKWY EXHIBIT A Park Drive Sidewalk Improvements 100% Cost Estimate BASE BIDEngineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 1-General Requirements (limit to 5% of total)LS1$16,000.00$16,000.00 200562Preparation of Right of WayLS1$15,000.00$15,000.00 300103Remove Existing Concrete Sidewalk and CurbSY18$8.00$144.00 400105Concrete Sidewalk (6' Wide)SY2700$50.00$135,000.00 500105Concrete Slotted CurbLF2980$8.00$23,840.00 600105Curb Ramp (Type 7)EA3$1,500.00$4,500.00 700105Curb Ramp (Type 12)EA1$2,000.00$2,000.00 800109Concrete Driveway ReplacementEA7$1,800.00$12,600.00 900340Asphalt Pavement RepairSY250$40.00$10,000.00 1000108Adjust Valve Boxes to GradeEA2$500.00$1,000.00 1100110Roadside Ditch RegradingLF3500$7.50$26,250.00 1200162Block Sodding (16" Wide Sod)SY575$4.00$2,300.00 1300164Hydro-mulch SeedingSY13500$1.00$13,500.00 14TxDOT 450Pedestrian RailLF110$90.00$9,900.00 1500500Relocate Existing Mail BoxesEA14$500.00$7,000.00 1600500Relocate Existing Roadway SignsEA11$500.00$5,500.00 1700500Install Pedestrian Advance Warning SignsEA13$500.00$6,500.00 1800660Reflectorized Pavement Markings for Crosswalks and Stop Bars (Type I) (24" White)LF1500$10.00$15,000.00 1900671Installation and Maintenance of Traffic Control DevicesLS1$5,000.00$5,000.00 2000501Tree ProtectionLS1$5,000.00$5,000.00 2100560SWPPP Requirements (Silt Fence, Inlet Protection, Construction Entrances)LS1$10,000.00$10,000.00 22-Site RestorationLS1$10,000.00$10,000.00 BASE BID TOTAL$336,050.00 ADD. ALTERNATE NO. 1 - RETAINING WALLEngineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 132 32 23Landscape Block Retaining WallSF750$30.00$22,500.00 ADD. ALTERNATE NO. 1 TOTAL$22,500.00 ADD. ALTERNATE NO. 2 - FILL DITCH BETWEEN IDAHO ST. AND OHIO AVE.Engineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 133 41 15.0124" HDPE PipeLF95$60.00$5,700.00 20046024" RCPLF70$80.00$5,600.00 300130Fill MaterialCY430$5.00$2,150.00 400430Connect Proposed Pipe to Existing Pipe EA6$500.00$3,000.00 500430Area Drain BasinsEA5$1,000.00$5,000.00 ADD. ALTERNATE NO. 2 TOTAL$21,450.00 CONTINGENCY (10%)$38,000.00 PROJECT TOTAL (INCLUDING ALTERNATES)$418,000.00 City of La Porte Park Drive Sidewalk Improvements INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE SIDEWALK IMPROVEMENTS PROJECT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Interlocal Agreement, entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and politic under the laws of the State of Texas, acting by and through its governing body and the Harris County La Porte La Porte corporate under the laws of Texas. The County and La Porte are referred to herein collectively as the "Parties" and individually as a "Party." I. RECITALS WHEREAS, the County has received funds from the United States Department of Transportation (USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (5307); and WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307, is to make Federal resources available to urbanized areas for transit capital and operating assistance in urbanized areas and for transportation related planning; and WHEREAS, the County and La Porte entered into an agreement on or around October 26, 2010 for the provision of Fixed Route Bus services within La Porte which provided that La Porte would construct certain transit stops, but did not provide for sidewalk improvements at such stops; and WHEREAS, the County and La Porte desire to enter into a separate agreement whereby the County will grant FTA 5307 Grant funds to La Porte for the purpose of installing up to 4,400 linear feet of sidewalk improvements and 23 ADA ramps along Park Drive within the City of La Porte, collectively known as the which is an eligible activity under the rules and regulations regarding the FTA 5307 Grant Program; and WHEREAS, the County wishes to engage La Porte to assist the County in utilizing the FTA 5307 Grant funds; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties hereto that: II.SCOPE OF SERVICES A. Eligible Activities La Porte shall provide the activities described in Exhibit A and shown in Exhibit G, attached hereto and incorporated herein for all purposes, in accordance with the provisions of this Agreement and in compliance with the requirements of 49 U.S.C. 5307 and all regulations issued there under. B. Project Requirements La Porte shall be responsible for administering the FTA 5307 Grant Project in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds. This Agreement may provide only partial funding for this Project. La Porte certifies and agrees that the activities carried out with funds provided under this Agreement shall meet the requirements of the FTA 5307 Grant Program. La Porte agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet the requirements of the FTA 5307 Grant Program for each activity in each reporting period. La Porte shall ensure that personnel providing services under this Agreement have all licenses required by law and/or are qualified to perform the services required under this Agreement. La Porte shall further ensure that all Program and/or facility licenses necessary to provide the required services are current and that the County shall immediately be notified if any such required licenses become invalid or are canceled during the term of this Agreement. become invalid or are canceled during the term of the Agreement, will be removed from performing Services under this Agreement. C. Performance Monitoring La Porte shall be cooperative with program and financial monitoring visits and/or investigations performed by County staff, the Harris County Auditor, FTA, and/or the United States Office of Inspector General (OIG). Substandard performance as determined by the County and/or FTA will constitute non- compliance and breach of this Agreement. County will notify La Porte in writing of any deficiencies. La Porte has to correct the deficiencies. La Porte failure to correct substandard performance after being notified by the County will result in further corrective action by the County including, but not limited to, termination of this Agreement, pursuant to the United States Office of Management and Budget (OMB) Super Circular 2 CFR Part 200. Furthermore, La Porte agrees to be cooperative with monitoring and/or investigations performed by FTA and to comply with their findings. D. General Administration 1. Drawings, Plans, Bid Specifications & Construction Documents Within two hundred-forty (240) days after the date of the Agreement is executed, La Porte shall Page 2 of 58 prepare and submit all final drawings, plans, cost estimates and specifications for the Project. La Porte shall be responsible for incorporating into the bid specifications any and all FTA and any and all County Harris County Community Services Department Exhibit C. La Porte shall ensure that the specifications require the Contractor/Subcontractors to furnish Insurance pursuant to the laws of the State of Texas, and Payment Bond and Performance Bond pursuant to the applicable sections of OMB Super Circular 2 CFR Part 200. Once approved, the complete set of drawings, plans, cost estimates and specifications shall be incorporated into this Agreement as part of Exhibit A. 2. Temporary Project Sign and Workspace La Porte shall ensure that the specifications include the delivery and installation by contractor of --County requirements. La Porte shall ensure that the cost of the sign is included in all bids. La Porte shall ensure that the specifications require the Contractor to furnish adequate workspace at the construction site for County inspection and monitoring staff, if applicable. 3. Bidding and Selection of Contractor and Subcontractors La Porte agrees and understands that all contracted and subcontracted construction activity carried out under this Agreement shall be selected and executed pursuant to federal procurement regulations set in OMB Super Circular 2 CFR Part 200 and to County policy and procurement guidelines. After the CountyLa Porte shall advertise for and receive bids for the construction of the Project in accordance with approved drawings and specifications which bidding procedure shall be in accordance with this Agreement. Upon receipt and tabulation of the bids for the Project, La Porte shall determine the lowest and most responsible bidder for the construction of the Project. Within fifteen (15) days after receipt of bids, La Porte shall forward, or cause to forward, to the County, copies of all bids received, copy of all bid bonds, and bid tabulation for the County. The County reserves the right to approve the award of the bid. In the event the lowest and most responsible bid for the construction of the Project is an amount that would result in the total cost of the Project being equal to or less than the sum allocated in the construction line item of the budget, detailed in Exhibit B of this Agreement, La Porte shall notify the County of the amount of the lowest and most responsible bid for the Project. Page 3 of 58 In the event the lowest and most responsible bid for the construction of the Project is an amount in excess of the sum allocated in the construction line item of the budget, detailed in Exhibit B of this Agreement, La Porte shall have the following four (4) options: a. La Porte shall notify the County of the bid and request in writing additional funds to fund the construction costs to meet the lowest and most responsible bid received by La Porte. If the County approves the use of additional funds to meet the lowest and most responsible bid, then La Porte, upon receipt of such notification, shall proceed to let the contract, incorporating all required provisions, and continue with construction of the Project; or b. La Porte shall notify the County of the bid and agree in writing to pay the additional cost of the Project. In the event La Porte agrees in writing to pay the additional costs, then and in that event, La Porte shall proceed to let the contract and continue with the construction of the Project. If La Porte fails to agree in writing to pay said additional costs and the County fails to use contingency funds, then and in that event, La Porte may reject all bids and elect not to proceed with the letting of the contract and terminate the Project without any further obligations to the County; or c. La Porte shall notify the County of the bid and undertake to negotiate with the County for the County to agree in writing to reduce or delete specific items in the bid proposal so that bids will be within the amount available for construction. In the event the County agrees in writing to reduce or delete items in the bid proposal, La Porte shall re-bid the Project and proceed as if it were the original bid; or d. La Porte shall reject all bids and elect not to proceed with the letting of the contract and terminate the Project, giving the County written notice of its termination. 4. Construction Contract and Subcontractor Written Agreements Within fifteen (15) days after notification by the County to La Porte that the bid has been approved, La Porte shall provide written notice of award to the lowest and most responsible bidder, in accordance with applicable Federal, State and local procurement procedures and regulations. La Porte shall contract directly with its Contractor, incorporating all requirements of this Agreement herein. The contract between La Porte and its Contractor and all contracts between the Contractor and its Subcontractors shall be in accordance with the guidelines of this Agreement and with all applicable FTA regulations and applicable sections of OMB Super Circular 2 CFR Part 200. La Porte shall be responsible for incorporating into the construction contract any and all FTA and County Harris County Community Services Department Construction Policies and Guidelines,Exhibit C. The construction contract must contain the required insurance and bonding; in lieu of one or more of the bonds otherwise required pursuant to Section VI (D) of this Agreement, La Porte may provide or cause to be provided one or more irrevocable letters of credit in favor of the County in a form acceptable to the County. Page 4 of 58 La Porte shall submit to the County the form of the construction contract for review and approval prior to executing the construction contract with its selected Contractor. Within forty-five (45) days after the CountyLa Porte shall execute the construction contract with its selected Contractor. La Porte shall ensure that the Contractor enters into written agreements with each Subcontractor who does work covered by this Agreement. These subcontracts must incorporate the requirements of Exhibit C and shall be subject to review, upon request, by the County. 5. Construction Start Date, Construction Schedule and Completion of Work Construction Start Date La Porte shall ensure that the construction commences within the time pursuant to Exhibit A. La Porte shall notify or cause to notify the selected Contractor with the Notice to Proceed, thereby locking in the Construction Start Date, and shall forward to the County a copy of the Notice to Proceed. Construction Schedule La Porte shall furnish or cause to furnish the County with a copy of the detailed Construction Schedule within seven (7) days of the Notice to Proceed. The schedule shall be a bar type schedule and shall be of sufficient detail to show construction sequence, proposed start dates and estimated completion dates for major parts of the construction work. Completion of Work La Porte shall ensure that, except in cases of force majeure, the construction of the Project shall be completed on or before the expiration of eighteen (18) months following the Construction Start Date unless extended pursuant to Section II(D)(6). 6. Schedule of Values, Payments to Contractor and Change Orders Schedule of Values La Porte shall furnish or cause to furnish the County with the Schedule of Values for the Project for review prior to the first partial payment. Payments to Contractor La Porte shall ensure that requests for payment are based on the unit prices of work completed, as detailed in the Schedule of Values and certified by La Porte representative. La Porte, through its representative, shall ensure that the work performed by the selected Contractor shall be subject to retainage provisions of Section 2252.032 of the Texas Government Code, as it may be amended from time to time. Upon completion of the Project, and acceptance as such by La Porte and the County, final payment shall be made to the Contractor releasing retainage. All pay requests and release of retainage shall be verified and signed by La Porte and the County. La Porte shall make sure the following appears in La Porte In accordance with Texas Government Code, Title 10 Chapter 2251 Sec. 2251.022, the Contractor shall provide payment to each Subcontractor and Supplier within ten (10) calendar Page 5 of 58 days after receiving payment from Harris County CSD for amounts previously invoiced for work performed or materials furnished under the Contract. Subcontract payment provisions shall require payments to subcontractors within ten (10) calendar days after the prime Contractor received payment from Harris County CSD. Interest on late payments is subject to the provisions of Texas Government Code, Title 10, Chapter 2251, Vernon's Texas Codes Annotated regarding payments to subcontractors. Under Sec. 2251.023, subcontractors are also required to make payments to their subcontractors no later than the 10th day after the date the subcontractor receives payment from Contractor. Failure to pay subcontractors within 10 days and/or failure to submit appropriate certification of subcontractor payment will be considered in the review of the Contractor's performance of the contract and may result in the withholding of payment to the Contractor. Change Orders La Porte shall ensure that the cumulative increase in the construction contract shall not exceed twenty-five (25) percent of the original construction contract, and the original price of the contract may not be decreased by more than twenty-five (25) percent without the consent of the Contractor pursuant to Section 271.060 of the Texas Local Government Code. La Porte shall approve in writing and submit to the County for review and approval any change orders to the original construction contract, which shall be appropriately reflected in the Schedule of Values and subsequent pay requests. The County reserves the right to approve any change orders. Any extension of time given shall not release the Contractor or the surety from their Performance and Payment Bonds or from any obligations hereunder, which shall remain in full force and effect until the discharge of the Contractor. All change orders shall be verified and signed by La Porte and the County. 7. Inspections During the construction of the Project, the County or its designee, La Porte, and FTA shall have the right to review all documents, maps, plats, records, photographs, reports or plans affecting said construction. La Porte shall, at its sole expense, furnish the necessary inspection personnel to assure itself of compliance with the construction contract. La Porte understands and agrees to inspections performed by the CountyThe County shall have full and final authority in all construction disputes. La Porte agrees to promptly make any corrections or modifications to the construction work as requested by the County to cause the construction to comply with this Agreement and any applicable FTA requirements. 8. Compliance with Public Facilities and Infrastructure Quality Standards La Porte shall maintain documentation evidencing that the Project complies with all applicable Federal, state and local public facilities and infrastructure quality standards. 9. Compliance Violation(s) Provisions La Porte shall ensure that the construction of the Project is conducted pursuant to applicable Federal, state, and local regulations and comply with any and all requirements detailed in the bid specifications, including any and all FTA requirements and any and all County requirements detailed in this Agreement. Page 6 of 58 The County shall enforce the compliance violations provisions detailed in Exhibit C, Section 13(D), for any and all violations for which the Contractor, through La Porte, has received a Notice of Non-Compliance or a wage restitution notification letter and failed to implement corrective actions within the allotted grace period of fifteen (15) to thirty (30) calendar days from the date of the written notice or letter. E. Matched Funds La Porte shall maintain and make available, for review by the County, source documentation for any matched funds contained in Exhibit B of this Agreement. Source documentation for matched funds may be requested at any time by the County and must be provided in a timely manner. III. TIME OF PERFORMANCE Services of La Porte shall start upon Harris County Commissioners Court approval of this Agreement and shall terminate when the Project is completed, but not later than eighteen (18) months following the commencement of construction, as specified in Section II (D)(5) of this Agreement unless the completion date is extended pursuant to Section II(D)(6). This Agreement may only be extended upon written request and/or receipt of a change order to and approval from the Executive Director of HCCSD or his designee. IV. EXPENSES AND PAYMENT A. Budget La Porte shall perform the project activities within the monetary limits contained in Exhibit B, Budget. La Porte understands that the budget is based upon detailed information submitted by La Porte to the County and that any changes to the summary budget, attached at Exhibit B, will require La Porte to submit a modified detailed line item budget to the County for review and approval. B. Requesting a Budget Revision Any proposed reallocation of funds among various existing budget line items constitutes a budget revision. La Porte shall provide narrative justification for budget revision on letterhead and signed by the representatives, as stated in Exhibit A. A budget revision is not approved for expenditure until La Porte receives written approval from the Executive Director of HCCSD, or his designee. Upon approval, La Porte shall provide a revised budget to the County. At the discretion of HCCSD management, no more than two (2) budget revision requests shall be allowed each year, to be submitted no later than ninety (90) days before the end of the Agreement period, as defined in Section III of this Agreement. New line items or an increase or decrease in funds is a budget amendment and must be formally approved by the County. The County reserves the right to reallocate funds among approved budget line items in order to facilitate implementation of the approved project scope. Page 7 of 58 C.Maximum Amount to be Paid La Porte shall be responsible for 20% of the Local Match requirement as shown in Exhibit B. Upon satisfaction of the Local Match requirement, the County shall reimburse La Porte after receipt of a reimbursement request. La Porte shall expend awarded funds in a consistent and timely manner. The County reserves the right to reduce any or all of the awarded funds due to untimely expenditure of said funds or Agreement non-compliance. La Porte understands and agrees that the amount shown in Exhibit B, Maximum Amount to be Paid Under this Agreement. County shall not be liable under any circumstances or any interpretations hereof for any costs under the Agreement until the Grant Funds are actually received by the County and only to the extent that such monies are actually received and certified available for this Agreement by the County Auditor, as evidenced by the issuance of a Purchase Order for the amount. In the event these Grant Funds are discontinued or reduced during the Agreement term, the County shall not be liable for payment of any funds above the actual Grant Funds the County receives. If such a discontinuation or reduction occurs and the Parties are unable to renegotiate the Agreement upon mutually, acceptable terms, La Porteve remedy shall be to terminate this Agreement. Failure to certify funds or to certify sufficient funding or any reason shall not be considered a breach of the Agreement. La Porte understands and agrees that the maximum the County shall become liable to pay shall not under any conditions, circumstances, or interpretations thereof exceed the amount contained in the Purchase Order, the amount which is expected to be available pursuant to the award of the Grant Fund for any purpose under this Agreement, including but not limited to payment for the sidewalk improvements, except to the extent additional funds are expressly made available for such purposes by the Commissioners Court of Harris County, at its sole option, and the Harris County Auditor certifies the availability of such funds for such expenditures. If the County does not make available additional funds, the sole remedy for La Porte shall be termination under this Agreement. D. Payment for Eligible Expenses La Porte understands and agrees that the County shall reimburse La Porte for only those costs that are eligible under applicable Federal rules, regulations, cost principles, and other requirements relating to reimbursement with FTA grant funds. The County may reimburse La Porte for the total costs, plus a fraction of the overhead costs, of those items that ser service areas, provided that all reimbursements shall be limited to the actual out-of-pocket expenses incurred by La Porte in the performance of this Agreement, with the exception of certain advances. No reimbursement shall be made for goods or services received by La Porte as in-kind contributions from third parties for assistance to the Project. If indirect costs are charged, La Porte shall develop an indirect cost allocation plan determining the appropriate County share of administrative costs and shall submit such plan to the County for approval. E. Payment Procedures The County will reimburse La Porte based upon information submitted by La Porte and consistent with any approved budget and County policy concerning payment. Drawdowns for the payment of eligible expenses and general administration shall be made against the line item budget attached hereto as Page 8 of 58 Exhibit Band in accordance with performance. Reimbursement requests must include an invoice with required source documentation on a form approved by the County and submitted on or before the tenth th (10) working day of the month for costs incurred during the preceding month. Prior to payment, the County and the Harris County Auditor must approve all invoices. Incorrect reimbursement request may be returned to La Porte for correction and resubmission. Payments will be adjusted in accordance with advance fund and program income balances available in La Porteaccounts. In addition, the County reserves the right to liquidate funds available under this Agreement for costs incurred by the County on behalf of La Porte. Final reimbursement requests for La Porte shall be received by the County no later than sixty (60) days after completion of the Agreement period. Any requests received after sixty (60) days will not be processed for payment and this Agreement will become void and the remaining funds de-obligated. All unexpended FTA 5307 Grant funds by the La Porte will be de-obligated and recaptured by the County. F. Retainage Disbursement of funds under this Agreement shall be subject to retainage provisions of Section 2252.032 of the Texas Government Code, as it may be amended from time to time. If La Porte chooses to require retainage, La Porte shall include the following in all contracts used to complete the Services: The Contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Harris County CSD has also established the following additional mechanisms to ensure prompt payment and La Porte will include it in all contractual agreements. Billing Disputes: If a payment dispute arises between the Contractor and any Subcontractor or Supplier related to this Contract, the Contractor shall provide a written response to the Subcontractor or Supplier, with a copy to the Project Manager, specifically addressing any disputed amounts. The Contractor should resolve all disputed invoices at the earliest time to avoid a delay in the submission of required subcontractor/supplier payment certifications that could delay payment to the Contractor. In the event that the Contractor cannot resolve a subcontractor or supplier disputed invoice, the Contractor shall bring the matter to the attention of the Contracting Officer at the time of submitting the Contractor's invoice for payment. The Project Manager will investigate the situation and make a determination whether the Contractor's invoice should be processed for payment without the required subcontractor or supplier certification. The Project Manager will not mediate the dispute between the Contractor and any subcontractor or supplier in the resolution of disputed invoices. At no time will the Contractor invoice La Porte for amounts in dispute without prior notification to the Project Manager. Subcontractors: The Contractor shall not, without the written consent of La Porte, terminate a subcontractor, or replace a subcontractor previously listed or permit such subcontract to be assigned or transferred, or allow that portion of the work to be performed by anyone other than the listed subcontractor, except the Contractor may perform a previously subcontracted portion of the work itself with qualified personnel upon written approval from La Porte. After award, the Contractor shall not enter into a subcontract for work to be performed without prior notification to La Porte. At no time will the Contractor invoice La Porte for amounts pertaining to subcontractors terminated or substituted without prior approval Page 9 of 58 G. Expenditure Performance La Porte shall immediately notify the Executive Director of HCCSD, or his designee, of any problems, delays or adverse conditions that will affect the ability of La Porte to perform its obligations under this Agreement. Any such notice shall include a statement of actions taken or contemplated to be taken by La Porte to resolve such problems, delays or adverse conditions. La Porte shall also promptly notify the Executive Director of HCCSD, or his designee, if it anticipates accomplishing the activities set forth in this Agreement with a lower expenditure of funds than the amount allocated, or within a shorter period of time than the Agreement period. La Porte further understands and agrees that should the County determine that La Porte will not use all of the funds allocated to La Porte under this Agreement, then the County shall reduce the amount allocated to La Porte under this Agreement for the purpose of ensuring that such funds do not remain unspent, and that such monies are promptly reallocated to other service providers in accordance with the Countyurement procedures. The County will notify La Porte in writing of its determination to reduce the amount allocated to La Porte under this Agreement and any such determination by the County shall be final. H. Supplementing a Request for Payment A Supplemental Request amending a payment or reimbursement request may be filed with the County after the submission or receipt of the original request. Any Supplemental Request for payment or reimbursement submitted after the date of submission or receipt of the original request will be subject to approval by the County. No more than one Supplemental Request shall be allowed per month. I. Withholding Payments If FTA initiates an investigation into any matter covered under this Agreement, the County may withhold all payments until the results of the investigation have been revealed and resolved. Reimbursement to La Porte will be determined upon resolution of the investigation by FTA. J. Repayment of Ineligible Payments IN THE EVENT FTA DETERMINES THROUGH INVESTIGATIONS AND/OR MONITORING THAT ANY COUNTY PAYMENT OR REIMBURSEMENT TO LA PORTE IS INELIGIBLE OR DISALLOWED, LA PORTE SHALL IMMEDIATELY AND WITHOUT DELAY FULLY REIMBURSE THE COUNTY, AND THE COUNTY WILL REIMBURSE FTA FOR DISALLOWED OR INELIGILE COSTS. IF FTA INFORMS THE COUNTY THAT IT IS REQUIRED TO REFUND MONEYS PREVIOUSLY AWARDED OR DRAWN DOWN FROM THE U.S. TREASURY IN REFERENCE TO THIS AGREEMENT, LA PORTE AGREES TO PAY AN EQUAL AMOUNT TO THE COUNTY PRIOR TO THE DEMAND DATE OF PAYBACK. V. NOTICES Any communication concerning this Agreement shall be directed to the representatives of the County Page 10 of 58 and La Porte,as provided in Exhibit A,Scope of Services. VI. GENERAL CONDITIONS A. Independent Contractor La Porte shall operate as an independent contractor and not as an officer, agent, servant or employee of the County. La Porte shall have exclusive control of, and the exclusive right to control, the details of the work and services performed and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between the County and La Porte, its officers, members, agents, servants, employees, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between the County and La Porte. It is expressly understood and agreed that no officer, member, agent, employee, licensee or invitee of La Porte, nor any program participant hereunder, is in the paid service of the County and that the County does not have the legal right to control the details of the tasks performed hereunder by La Porte, its officers, members, agents, employees, program participants, licensees or invitees. The County shall in no way nor under any circumstances be responsible for any property belonging to La Porte, its officers, members agents, employees, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. B. Indemnity LA PORTE SHALL PLACE THE FOLLOWING LANGUAGE IN EVERY CONTRACT LA PORTE USES TO COMPLETE THE SERVICES DESCRIBED IN THIS AGREEMENT: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE COUNTY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS DUE TO THAT ACTIVITIES OF CONTRACTOR, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS OR ANTOHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF THE COUNTY. CONTRACTOR SHALL ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE COUNTY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR Page 11 of 58 CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF THE COUNTY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS THE COUNTY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF THE COUNTY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF THE COUNTY. C. Insurance and Bonding 1. Public Liability Insurance La Porte agrees to require its Contractor/sub-Contractors to carry adequate Public Liability Insurance in the amounts required by State law. The amounts of such insurance shall not be less than the maximum liability that can be imposed on the County under the laws of the State of Texas. At present, such amounts are as follows: Bodily injury or death, per person $100,000 Bodily injury or death, per occurrence $300,000 Property damage, per occurrence $100,000 La Porte understands that such insurance amounts shall be revised upward at the County and that La Porte shall cause its Contractor to revise such amounts within thirty (30) days following notice to La Porte of such requirements. 2. La Porte shall cause its Contractor to furnish the County with a Certificate of Insurance as proof that it has obtained and paid for a policy of Worker required by State law, covering any and all employees active in the Program funded under this Agreement. Accordingly, if La Porte - insurance, as provided by Texas Labor Code § 406.003, such documentation of self-insurance shall be provided to the County prior to, or with the submission of, the first reimbursement request. Page 12 of 58 3. Documentation of Insurance Coverage La Porte shall cause its Contractor to submit to the County documentation that its Contractor has obtained insurance coverage as required in this Agreement within thirty (30) days of the execution of this Agreement and prior to payment of any monies hereunder. County will be listed as an additional insurance on all insurance policies. 4. Payment and Performance Bonding La Porte shall cause its Contractor to furnish the County with Certificate of Insurance as proof that it has obtained and paid for a certificate of Payment Bond and Performance Bond, as required by State law, see Exhibit D. County shall be listed as a third party beneficiary of the bond. La Porte shall ensure the Contractors keep their bonds current for the duration of the term of the Agreement. D. Forum and Venue This Agreement is governed by the laws of the State of Texas. The exclusive forum for any action arising out of, in connection with, or in any way relating to the Agreement is in a state or federal court of competent jurisdiction in Texas. The exclusive venue for any action arising out of, in connection with, or in any way relating to the Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas. The County does not agree to binding arbitration or mediation. The County does not waive its right to a trial by jury. VII.ADMINISTRATIVE REQUIREMENTS A. Financial Management La Porte agrees to (1) comply with requirements set out in OMB Super Circular 2 CFR Part 200; (2) adhere to the accounting principles and procedures required therein; (3) utilize adequate internal controls; and (4) maintain necessary source documentation for all costs incurred. La Porte shall administer its Program in conformance with OMB Super 2 CFR Part 200, for all costs incurred whether charged on a direct or indirect basis. B. Record-Keeping, Reports, and Audits 1. Records to be Maintained La Porte shall maintain all records required by this Agreement, records required by 49 U.S.C. 5307 and records that are pertinent to the activities to be funded under this Agreement, including but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken is an eligible activity under Page 13 of 58 the FTA 5307 Grant Program; c. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with FTA assistance; d. Financial records as required by 49 U.S.C. 5307 and OMB Super Circular 2 CFR Part 200; and 2. Retention La Porte shall retain all records pertinent to expenditures incurred under this Agreement for a period of six (6) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for six (6) years after final disposition of such property. 3. Construction Policies, Reports and Davis-Bacon and Related Acts Requirements La Porte shall ensure that each contract subject to Federal (Davis-Bacon and Related Acts) labor standards requirements must contain the appropriate contract provisions containing the labor standards clauses described in Exhibit C, Section 13. These clauses correspond to the Department of Labor (DOL) regulations prescribing the responsibilities of the Contractor and obligating the Contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the Contractor to ensure the payment of wages or liquidated damages, which may be found due. La Porte shall ensure compliance with the Davis-Bacon and Related Acts (DBRA) requirements. La Porte shall furnish or cause to furnish documents evidencing compliance with the DBRA requirements, including but not be limited to the following: a. Certified Weekly Payrolls b. Certificate From Contractor Appointing Officer or Employee to Supervise Payment of Employees c. Posting of Equal Employment Opportunity Poster, Notice to Employees Poster and Wage Decision(s) d. Certificate for Contracts, Grants, Loans and Cooperative Agreements e. General Contractor/ Subcontractor Profile NOTE: All of the above listed documents pertaining to the DBRA are required to be submitted by the prime Contractor, all Subcontractors and all third-tier subcontractors without exceptions. 4. Deadlines DBRA compliance documents shall be submitted during the course of project construction pursuant to the deadlines in Exhibit C. Page 14 of 58 5.Audits & Inspections All records relevant to any matters covered by this Agreement shall be made available to the County, its designees or the Federal government, at any time during normal business hours, as often as the County or other agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. La Porte will respond to the notification of any deficiencies noted in audit reports within thirty (30) days after receipt by the La Porte. Any deficiencies must be fully cleared by La Porte. La Porte agrees to have an annual agency audit conducted in accordance with OMB Super Circular 2 CFR Part 200. 6. Failure to Meet Record-Keeping, Reporting, Audit, and/or Inspection Requirements La Porte-keeping, reporting, audits, and/or inspections as required by this Agreement is a breach of this Agreement and funding will be withheld from La Porte until such time as the reports are timely and accurately submitted. The County maintains the right to terminate this Agreement with La Porte for failure to keep records properly, submit reports for three (3) consecutive months, and/or cooperate with audits/inspections. C. Procurement 1. Compliance La Porte shall comply with the (1) public notice and (2) award of contract to the lowest and most responsible bidder procedures of the Municipal Purchasing Act, TEX. GOVT CODE §252.001 et seq., concerning the purchase of equipment and services and shall maintain an inventory record of all non-expendable personal property, as defined by County policy, that may be procured with funds provided hereunder. La Porte shall procure materials in accordance with the requirements of OMB Super Circular 2 CFR Part 200, Procurement Standards, and shall subsequently follow, Property Standards, covering utilization and disposal of property. D. Subcontracts 1. Approvals La Porte shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the County prior to the execution of such agreement. 2. Monitoring La Porte shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports submitted to the County and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Page 15 of 58 3.Content La Porte shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process La Porte shall insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair, open, and competitive manner. Executed copies of all subcontracts shall be forwarded to the County, along with documentation concerning the selection process. La Porte must adopt and utilize written selection criteria for use in the selection of subcontractors, which selection criteria must conform to the Procurement requirements of OMB Super Circular 2 CFR Part 200. E. Federal Transit Administration Requirements La Porte shall comply with all of the applicable FTA requirements in Exhibit D, including the four percent (4%) DBE participation requirement that has been established for this Agreement, and ensure that all of the applicable FTA requirements are made part of any subcontract(s) executed in the performance of this Agreement. La Porte shall submit, as part of this Agreement, the following assurances and certifications: 1. FTA Requirements Acknowledgement, see Exhibit D. 2. Buy America Certification, see Exhibit E. 3. Lobbying Certification, see Exhibit F. IX. ASSIGNMENTS AND AMENDMENTS A. Assignability La Porte shall not assign or transfer any interest in this Agreement without the prior written consent of the County. Notice of any such permitted assignment or transfer shall be furnished promptly to the County. B. Amendments The County or La Porte may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County Such amendments shall not invalidate this Agreement, nor relieve or release the County or La Porte from its obligations under this Agreement. Additionally, the County may, in its discretion, amend this Agreement to conform with Federal, Page 16 of 58 state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be affected only by written Amendment signed by both the County and La Porte. No more than two (2) Amendments to the Agreement shall be allowed each year. X. TERMINATION OF AGREEMENT A. Automatic Termination This Agreement automatically terminates at the end of the time of performance as specified in Section III., Time of Performance, of this Agreement. B. Termination Without Cause Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by La Porte under this Agreement shall become the property of the County and La Porte jointly, and La Porte shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination, unless FTA has determined through monitoring and/or investigative practices, that La Porte is not entitled to such compensation. C. With Cause The County may terminate this Agreement for cause, in whole or in part, if La Porte fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the County may declare La Porte ineligible for any further participation in the , in addition to other remedies as provided by law. If the County has cause to believe La Porte is in noncompliance with this Agreement or any applicable rules and regulations, the County may withhold up to twenty-five (25) percent of said Agreement funds until such time as La Porte is found to be in compliance by the County, or is otherwise adjudicated to be in compliance. D. Partial Terminations Partial terminations of the Scope of Services in Exhibit A may only be undertaken with the prior approval of the County. E. Breach of the Agreement Termination of this Agreement shall not relieve La Porte of liability for any breach of this Agreement that occurs prior to such termination or expiration. Page 17 of 58 F. Close-outs La Portethe County shall not end until all closeout requirements described in OMB Super Circular 2 CFR Part 200 are completed to the satisfaction of the County and the Harris County Auditor. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of Program assets, including the return to the County of all unused materials, equipment, unspent cash advances, accounts receivable, and determining the custodianship of records. G. Reversion of Assets Upon expiration or termination of the term of this Agreement, La Porte shall transfer to the County any FTA 5307 Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of such funds. For any year following the expiration or termination of this Agreement that La Porte holds personal property attributable to funds hereunder, La Porte shall submit an Annual Report of Personal Property identifying the property and its location, with such report being filed with the County and the Harris County Auditor. XIII. AGREEMENT REQUIREMENTS Notwithstanding any provision of this Agreement, La Porte is required to comply with only the federal, state, and local regulations applicable to the specific federally assisted program associated with this Agreement. XIV.INCORPORATION OF EXHIBITS The following documents are a part of this Agreement: Exhibit A Scope of Services Exhibit B Budget Exhibit C Harris County Community Services Department Construction Policies and Guidelines Exhibit D FTA Requirements Acknowledgement Exhibit E Buy America Certification Exhibit F Lobbying Certification Exhibit G Project Map Page 18 of 58 ATTEST: CITY OF LA PORTE By:_________________________________ By:___________________________________ Name:______________________________ Name:_________________________________ Title:__________________________________ Date Signed:___________________________ APPROVED AS TO FORM: HARRIS COUNTY VINCE RYAN Harris County Attorney By:_________________________________ By:___________________________________ AMY SAMPLES DAVID B. TURKEL Assistant County Attorney Executive Director, Harris County Community Services Department Date Signed:___________________________ I hereby certify that funds are available in the amount of $285,600.00 for construction and related activities to pay the obligation of the County under this Agreement. BARBARA J. SCHOTT County Auditor Page 19 of 58 Exhibit A SCOPE OF SERVICES I. Application This Scope of Services is based on the proposal prepared and submitted by La Porte. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the activities listed below, La Porte agrees to operate this Project in accordance with the FTA 5307 Grant Program requirements and all other applicable Federal, state and local regulations. II.Project Description The scope of the Project is to install up to 4,400 linear feet of sidewalk and 23 ADA ramps along Park Drive within the City of La Porte as shown in Exhibit G. The sidewalks being replaced are dilapidated with numerous tripping hazards. The new sidewalks will significantly reduce traffic danger to pedestrians along these routes. This project will benefit users of the fixed route transit system and enhance mobility access for individuals who reside or work within La Porte. La Porte shall be responsible for implementing the Sidewalk Improvements Project during the term of this Agreement as follows: PROJECT LOCATION SIDEWALK # OF ADA RAMPS (LINEAR FT) 4,400 23 Park Drive from S. Lobit Ave to San Jacinto Street TOTAL 4,400 23 La Porte shall administer all activities in the provision of the aforementioned sidewalk improvements project in accordance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the County. La Porte shall ensure that personnel providing services under this Agreement have all licenses required by law and/or are qualified to perform the services required under this Agreement. La Porte shall further ensure that all Program and/or facility licenses necessary to provide the required services are current and that the County shall immediately be notified if any such required licenses become invalid or are canceled during the term of this Agreement. III. Activities A. Operations and Maintenance La Porte shall be responsible for the operations and maintenance of the sidewalk improvements described in Exhibit A upon completion of construction. B. Project Delivery Page 20 of 58 La Porte shall be responsible for the delivery of the following activities in connection with the provision of the above-noted Project. The activities and the submission of reports and compliance documents shall include, but not be limited to the budget line item categories listed in the budget detail of Exhibit B and as detailed further below: Page 21 of 58 ACTIVITIES, SCHEDULE, AND REQUIRED DOCUMENTS No. Activity Name Schedule Reports and Compliance Documents I. Construction 1. Design Within two hundred-forty (240) days from the date of Final set of drawings, plans, this Agreement, La Porte shall submit the compliance cost estimates, bid documents to the County for review and approval. specifications and construction documents 2. DRAFT Within two hundred-forty (240) days from the date of Copy of the draft Construction this Agreement, La Porte shall submit a draft construction contract Contract construction contract to the County for review and Time/Date approval. 3. Bid Out Within fifteen (15) days after the CountyCopy of bid advertisement variances the bid specifications, La Porte shall advertise the with affidavit to the project for at least two (2) consecutive weeks. schedule 4. Pre-bid Conference La Porte shall hold a Pre-bid Conference, at least one Copy of attendance roster may be week before bids are due. and meeting notes approved 5. Bid Opening La Porte shall hold a Bid Opening, at a minimum of N/A by the two (2) weeks after the initial advertisement of project. 6. Bids, Bid Within fifteen (15) days from the date of the Bid Copy of all bids, bid bonds, Executive Tabulation and Opening, La Porte shall submit the compliance tabulation and Director of Recommendations documents to the County for review and approval. recommendations the 7. Notice of Award After the CountyCopy of Notice of Award HCCSD, or responsible bid, La Porte shall issue the Notice of his Award to the contractor within fifteen (15) days of approval by La Porte designee, if reasonable 8. Executed La Porte shall provide an executed copy of the ORIGINAL copy of the justification Construction construction contract within fifteen (15) days after executed construction is provided Contract issuance of the Notice of Award contract for the 9. Pre-construction Within seven (7) days after the date of the executed Copy of attendance roster delay. Conference construction contract, La Porte shall hold the Pre-and meeting notes construction Conference. 10. Construction Start La Porte shall issue the Notice to Proceed to the Copy of Notice to Proceed La Porte Date contractor at the time of the pre-construction shall conference. forward 11. DBRA Compliance Within seven (7) days of the Construction Start Date ORIGINAL DBRA compliance Documents and during the project construction, La Porte shall compliance documents submit or cause to be submitted original compliance documents documents on a weekly basis. upon 12. Survey, Inspection, La Porte shall perform survey, inspection and testing Copy of survey, inspection completion and Testing during the course of implementing the project, as and testing reports, as of the applicable. applicable activity, or 13. Final Walkthrough At the completion of the construction activities, La Copy of Final Punch List, if as noted in and Final Punch Porte shall hold a Final Walkthrough and issue the applicable, copy of the List Final Punch List, as applicable Certificate of Completion. the schedule. In addition to normal administrative services required as part of this Agreement, La Porte agrees to document progress using reporting requirements specified in Section VII of this Agreement. Page 22 of 58 IV.Notice County La Porte David B. Turkel, Executive Director Corby Alexander, City Manager Harris County Community Services City of La Porte Department 604 W. Fairmont Parkway 8410 Lantern Point La Porte, Texas 77571 Houston, Texas 77054 Page 23 of 58 Exhibit B BUDGET CITY OF LA PORTE SIDEWALK IMPROVEMENTS PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed TWO HUNDRED EIGHTY FIVE THOUSAND SIX HUNDRED and 00/100 Dollars ($285,600.00). PROJECT SUMMARY DESCRIPTION FEDERAL FUNDS LOCAL TOTAL (FTA) MATCH FUNDS (LA PORTE) Project Costs I. Construction $285,600.00 $71,400.00 $357,000.00 Project Budget Total $285,600.00 $71,400.00 $357,000.00 Page 24 of 58 Exhibit C HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT CONSTRUCTION POLICIES AND GUIDELINES These policies are intended to assist those Contractors/Subcontractors receiving FTA 5307 Grant funds. They will understanding and compliance with applicable federal and county regulations, policies and processes where the Contractor is responsible for design, bidding and construction contract administration. If clarification is needed, call Gene Simeon, Compliance Manager, at 713-578-2000. 1. If federal funds will be used to retain consultants, La Porte must advertise Request for Qualification Statement (RFQ). La Porte 330 qualification statements must be submitted for review to Harris County Community Services Department (HCCSD) prior to commissioning the consultants. Upon approval by HCCSD, La Porte may retain consultant(s). 2. La Porte shall advertise for bids and award contracts in compliance with the State of Texas bidding procedures and the following subsections of the OMB Super Circular 2 CFR Part 200: Subpart D 200.300-200.309, and Program Management Subpart D 200.317-200.326, "Procurement Standards" Subpart D 200.333-200.337, "Records Retention and Access" 3. The preliminary drawings must be within the previously approved project scope. All construction projects must comply with Harris County requirements and the policies and procedures of the Harris County Purchasing Agent, Harris County Auditor, and HCCSD. 4. La Porte will incorporate into the construction documents any and all FTA requirements and all construction policies and guidelines contained herein. Final documents must be approved by the County prior to the execution of the contract for construction. 5. Prior to award of contract, the County will review the bid documents, the bidder's qualification statements and financial statements to ensure that the contractor has a good contracting record, adequate capitalization, equipment, and personnel to successfully complete the project, meets minority participation goals and that the bidder has not been debarred by FTA from working on federal contracts. 6. La Porte, La Porte, and the County shall conduct a pre-bid meeting and a pre-construction conference with the Contractor and Subcontractor(s). 7. The County shall furnish La Porte with specific compliance documentation at the pre-construction conference with the Contractor. Without exception, La Porte and the Contractor shall be responsible for ensuring compliance by all Subcontractors working on the project jobsite with employees covered by the Davis-Bacon Act. 8. La Porte shall, at its sole expense, furnish the necessary inspection personnel to assure itself of compliance with the construction contract. La Porte understands and agrees to inspections performed by the County representative. La Porte understands and agrees that shall have full and final authority in all construction disputes. 9. La Porte and Contractor shall be responsible for preparing monthly pay requests to be reviewed by La Porte representative prior to submittal for payment. Preparation will consist of a site meeting with La Porte Page 25 of 58 representative and the Contractor's representative to accurately determine the percentage of completion of various components of the work and time used. La Porte, La Portethe Contractor, and representative, will be required to sign each monthly estimate prior to being processed for payment. 10. All change orders must be approved in writing by La Porte prior to any alterations or modifications of the work or specifications. La Porte will be responsible for any increase in cost based on any change order required due to errors and/or omissions. Pursuant to Harris County procurement policies and Texas Local Government Code §271.060, total aggregate increases in the contract will not exceed twenty five percent (25%) of the original construction contract amount awarded to the lowest and most responsible bidder; and total decreases to the original construction contract may not exceed twenty five percent (25%) without the consent of the contractor. 11. La Porte must submit the following documentation to HCCSD prior to sending Notice of Award to proposed contractor and execution of the construction contract. Prior to sending Notice of Award: Copy of the bid advertisement. Copy of the bid tabulations. Copies of all bids submitted. Copies of bidders bid bonds or cashiers checks or letters or credit in favor of Harris County, in a form acceptable to the Harris County. Copy of the minutes and attendance roster of the bid opening. La Porte recommendation of contractor. Request authorization from the County to award project to lowest and most responsible bidder. Prior to execution of contract: Copy of DRAFT Construction Contract with contractor County review and approval. Copy of proposed subcontractor list along with subcontractor profiles. Certificates for Contracts, Grants, Loans and Cooperative Agreements signed by the contractor. 12. La Porte must submit the following documentation after award of contract, but prior to Pre-Construction Meeting: Copy of the performance, payment and maintenance bonds. Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety company. Only companies listed in the Department of the Treasury circular #570 (most recent issue) will be accepted. Certification of bid award by the City Council/Board. Original copy of the executed contract between the successful bidder and La Porte. Copy of the purchase order. Copy of subcontractor list. Schedule of Values based on standard Construction Specifications Institute (CSI) format (16 divisions) and given in labor and materials listed separately per line item including overhead and profit for each. Construction schedule (Bar Chart or Critical Path Method). 13. Davis Bacon and Related Acts Requirements La Porte shall ensure compliance with the Davis-Bacon and Related Acts requirements and shall furnish or cause to furnish the required reports documenting compliance with the Davis-Bacon and Related Acts requirements. Basic labor standards compliance parameters involve the payment to construction laborers and mechanics not less than the prevailing wage rate established in the wage determination for the type (classification) of work and the hours of work they actually performed. Contractors and subcontractors and any lower-tier subcontractors Page 26 of 58 (employers) are required to prepare, certify and submit weekly payroll reports reflecting all of the laborers and mechanics (employees) engaged in construction of the site of the work. The certified payrolls must clearly indicate name, address, social security number, job classification, corresponding hourly pay rate, hours worked, and any other pertinent information requested on the form. Employers may also be required to submit related documents in order to demonstrate compliance with these standards. The County will not accept incomplete certified payrolls. All required documentation and forms submitted to County must be originals. Each contract subject to Federal (Davis-Bacon & Related Acts) labor standards requirements must contain the appropriate FTA contract provisions containing the labor standards clauses. These clauses correspond to the U.S. Department of Labor (DOL) Regulations prescribing the responsibilities of the contractor and obligating the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages, which may be found due. These contract clauses are described below. A. Responsibility of the Principal Contractor. Basic labor standards compliance parameters involve the payment to all construction laborers and mechanics not less than the prevailing wage rate established in the wage determination for the type (classification) of work and the hours of work they actually perform. Contractors and subcontractors and any lower-tier subcontractors (employers) are required to prepare, certify and submit weekly reports reflecting all of the laborers and mechanics (employees) engaged in construction of the site of the work. Employers may also be required to submit related documentation in order to demonstrate compliance with these compliance parameters. The principal contractor (also referred to as the prime contractor or general contractor) shall be responsible for the full compliance of all employers (contractors, subcontractors, and any lower-tier subcontractors) with the labor standards provisions applicable to the project. For ease of reference, the term principal, prime contractor, or general contractor, lower-tier subcontractors, - tier subcontractors. B. Davis-Bacon Definitions & Compliance Parameters (ii) Definitions. a. Laborer or mechanic. "Laborers" and "mechanics" are those individuals whose duties are manual or physical in nature including workers who are performing the work of a trade (e.g., Electrician). These terms include apprentices, trainees and, for contracts subject to CWHSSA, watchmen and guards. - Bacon wage rates. 4) Working foremen. Foremen or supervisors that perform regularly construction work and devote more than 20% of their time as a laborer or mechanic are treated as "laborers" or "mechanics" for labor standards purposes for the time performing construction work. 5) Exclusions. Persons whose duties are primarily administrative, managerial or clerical are not laborers or mechanics. b. Employee. Every person who performs the work of a laborer or mechanic is "employed" regardless of any contractual relationship, which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor shall ensure the worker is paid at least as much as the wage rate on the wage decision for Page 27 of 58 the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics. See also Labor Relations Letter LR-96-01, Labor standards compliance requirements for self- employed laborers and mechanics. c. Apprentices and Trainees. The only workers who can be paid less than the wage rate on the wage apprenticeship or training programs, including Set-Up apprenticeship programs designed for Davis- Bacon construction work. Approved programs (bona fide programs) are those which have been registered with DOL or DOL-recognized State Apprenticeship Council (SAC). 1) Probationary apprentice. A person in the first 90 days of probationary employment as an apprentice in a bona fide apprenticeship program but who has not yet been formally registered in such a program may be considered an "apprentice" provided that the BAT or SAC has certified that such person is eligible for probationary employment as an apprentice. 2) Pre-apprentice. A -person who has not been DOL or SAC certified for f work they perform. 3) Ratio of apprentices and trainees to journey man. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. d. Prevailing Wages. The term "wages" means the basic hourly rate of pay plus any contribution irrevocably made by an employer to a bona fide fringe benefit fund, plan or program. All laborers and mechanics employed or working on the site of the work shall be paid unconditionally and not less often than once a week the full amount of wages and bona fide fringe benefits computed at rates not less than those contained in the wage determination. Employers who do not make contributions or payments to bona fide fringe benefit funds, plans, or programs shall pay an amount equivalent to the fringe benefit rate (if any) required on the wage determination directly to the employee added to the basic hourly rate of pay. e. Piece-work. Some employees are hired on a piece- be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage requirement based upon actual hours, including any overtime, worked. If the weekly piece rate earnings are not sufficient, the employer shall re-compute weekly earnings based upon actual hours worked and the rate on the wage decision for the work classification(s) involved. f. Fringe benefits include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the above; unemployment benefits, life insurance, vacation or holiday pay; defraying costs of apprenticeship or similar programs; or other bona fide fringe benefits. In addition to contributions, fringe benefits may reflect the rate of costs to the employer that may be reasonably anticipated in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible program. Fringe benefits do not include benefits required by other Federal, State or local law, such as the Security or some disability insurance payment. Page 28 of 58 g. Overtime hours are defined as all hours worked on the site of the work in excess of 40 hours in any workweek. Overtime hours shall be compensated at not less than one and one-half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits. h. Deductions. The employer may make payroll deductions as permitted by DOL Regulations 29 CFR - up) any of their earnings. Allowable deductions which do not require prior DOL permission may include employee obligations for income taxes, Social Security payments, insurance premium, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. i. Proper Designation of Trade. Employers shall select a work classification on the wage decision for each worker based on the actual type of work they performed and shall pay each worker no less than the wage rate and fringe benefits required on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they are not considered by their employer to be fully trained as a Carpenter. NOTE that the only workers who can be paid less than the rate on the wage decision for their craft are apprentices and trainees registered in approved programs. j. Split Classifications. Laborers and mechanics that perform work in more than one classification may be compensated at the rate specified for each classification provided that the employer maintains time records that accurately set forth the time spent in each classification in which work was performed. If accurate time records are not maintained, the employee shall be compensated at the highest of all wage rates for the classifications in which work was performed. k. Additional classifications and wage rates. If the general contractor determines that the wage decision does not include a classification or classifications needed for the construction of the project, than the general contractor shall submit to the County a request for an additional classification and wage rate. The County shall review and forward the request for additional work classification and wage rate to FTA for review and preliminary approval. FTA shall review and shall forward the request for additional classification and wage rate to DOL for final review and approval. NOTE that the final decision rests with DOL. The general contractor shall make the request for additional classification and wage rate in writing. All third party subcontractors shall submit their request for additional classification and wage rate to wage decision, the additional work classification(s) that is (are) missing and recommend a wage rate and fringe benefits (usually the rate the employer already is paying to the employees performing the work) for that classification. The primary contractor may need to describe the work that the new classification will perform. The additional classification and wage rate request may be approved if: a. The requested classification is used by construction contractors in the area of the project. The area is usually defined as the county where the project is located. b. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. In other words, if there already is Page 29 of 58 an Electrician classification and wage rate on the wage decision, the general contractor cannot request another Electrician classification and wage rate. c. the other wage rates already on the wage decision. For example, the wage rate proposed for a trade classification such as Electrician shall be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision. And, d. The workers that will be employed in the added classification (if it is already known who the rate. 1. County Review. County shall review the request for additional classification and wage rate to determine whether the request meets the DOL rules outlined above and forwards the request to FTA for further review and preliminary approval. If additional information is required, HCCSD shall contact the general contractor for more information. HCCSD shall inform the general contractor in writing in the event that HCCSD above described rules. The written response shall also inform the general contractor of their option to revise and resubmit their request for additional classification and wage rate in order to meet the above described rules. 2. FTA Review. The FTA Labor Relations field staff shall review the request for additional classification and wage rate to determine whether the request meets the DOL rules outlined above. If additional information is required, FTA shall contact the County for more information. If the FTA Labor Relations review finds that the request meets the rules, FTA shall forward to HCCSD their preliminary approval on the request and refer it to DOL for final review and approval. The County shall inform the general Contractor of FTA referral to the DOL. If the FTA Labor Relations review finds that the request for additional classification and wage rate does not meet the above described rules, FTA shall not approve the request. In this case, FTA shall forward to DOL the request with an explanation why FTA believes the request should not be approved. NOTE that the DOL holds the authority on the final decision on the request. The County shall inform the general contractor of FTA 3. DOL Review and Decision. The DOL shall respond to FTA in writing about the additional classification request and wage rate request. FTA shall forward to the County the final decision from DOL on the request, while the County decision to be implemented at the job site. shall include information about the classification and wage rate that shall be used by the contractor at the job site. Upon receipt from FTA response and instructions, the County shall any instructions about the classification and wage rate to be used at the job site. Additional classification criteria and procedures are discussed in more detail in DOL Regulations 29 CFR §5.5. l. Site of Work-Bacon wage rates apply. Usually, this means where the construction called for in the contract will remain when work on it has been completed. Page 30 of 58 construction of the project (e.g. fabrication sites) provided they are dedicated exclusively or nearly so to the performance of the contract or project, and are so located in proximity to the actual construction location that it would be reasonable to include them. C. Reporting Requirements (i) Payrolls and Basic Records. Payrolls and basic records relating to such payrolls shall be maintained by each employer with respect to their own workforce employed on the site of the work. The principal contractor shall maintain such records relative to all laborers and mechanics working on the site of the work. Payrolls and related records shall be maintained during the course of the construction work and preserved by the contractor and all employers for at least 3 years following the completion of the work. Such records shall contain: 4. The name, address and social security number of each laborer and mechanic; 5. His or her correct work classification(s); 6. Hourly rates of pay including rates of contributions or costs anticipated for fringe benefits; 7. Daily and weekly number of hours worked, including any overtime hours; 8. Gross amount paid; 9. Deductions made and actual net wages paid; 10. Evidence pertaining to any fringe benefit programs; 11. Evidence of the approval of any apprenticeship or trainee program, the registration of each apprentice or trainee and the ratios and wage rates contained in the program. County may obtain copies of the WH-347 from the FTA Labor Relations Field staff for their jurisdiction. (ii) Certified Payroll Reports. Certified weekly payroll reports (CPRs) shall be submitted with respect to each week any contract work is performed. Each contractor and subcontractor (employer) shall prepare and certify such payroll reports to demonstrate compliance with the labor standards requirements. The principal contractor is responsible for full compliance with regard to its own workforce and with regard to the compliance of every subcontractor. For this reason, all CPRs and any related records are submitted to the HCCSD through the principal contractor. 1) CPR format. CPR information may be submitted in any form provided that the County Labor Standards Designee can reasonably interpret the information to monitor employer compliance with the labor standards. Employers are encouraged to utilize DOL Payroll Form WH-347. HCCSD shall make available to each principal contractor a limited number of copies of the WH-347 for the contractor's reproduction and use. Page 31 of 58 2) Submission requirements. CPRs shall be submitted for each employer beginning with the first week such employer performs work on the site of the work until the work has been completed for the project. CPRs shall be submitted promptly following the close of each such pay week. 3) CPR preparation. CPRs for each employer shall be numbered sequentially beginning with "1" for the first week that work was performed at the job site. The CPR for the last week of work to be performed on the project by each employer shall be clearly marked Final. a. Project and Employer Information. Each payrol address, the project name and number, project address, and the week ending date. The payrolls shall include the week dates in the spaces provided and the payrolls shall be numbered sequentially. b. Employee Information. The first payroll on which each employee appears shall contain the employee's name, address and unique employee number. Thereafter, the address only need to be reported if there is a change in such information or if another employee has the same name. c. Apprentices or Trainees. The first payroll on which any apprentice or trainee appears shall be accompanied with a copy of that apprentice's or trainee's registration in an approved program. A copy of the approved program pertaining to the wage rates and ratios shall also accompany the first CPR on which the first apprentice or trainee appears. d. Split Classifications. For an employee that worked in a split classification, the employer shall make a separate entry for each classification of work performed distributing the hours of work for each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon total gross amount earned for all classifications. The division of hours worked in different classifications shall be accurately maintained and clearly reported. e. Hours worked at other job sites. The CPRs should reflect ONLY hours worked at the site of work. If an employee performs work at job sites other than the project for which the CPR is prepared, those hours should not be reported on the CPR. In these cases the employer should list the employee's name, classification, hours performed on this project only, and the rate of pay and gross earnings earned on this project. Deductions and net pay may be reflected based upon the employee's total earnings (for all projects) for the week. f. Rate of Pay. Employers shall report the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and the employer does not participate in approved fringe benefit programs, the employer shall add the fringe benefit rate to the basic hourly rate of pay. Also, the employer shall list the overtime rate if overtime hours are worked. i. Piece-work. For any piece-work employee, the employer shall compute an effective hourly rate of pay -work earnings for that week. To compute the effective hourly rate of pay, the employer shall divide the piece- work earnings by the total number of hours worked each week, including consideration for overtime hours. The effective hourly rate shall be reflected on the certified payroll and the hourly rate of pay may not be less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate of pay Page 32 of 58 changes from week-to-week, only that the rate in no less than the rate on the wage decision for the classification of work performed. NOTE that the overtime rate for piece-work shall be computed at one and one-half times the basic rate of pay plus any fringe benefits. ii. Gross Wages Earned. The employer shall show the gross amount of wages earned for work performed on this project. NOTE that the employees with work hours and earnings on other projects, the employer shall show gross wages for this project over gross earnings for all projects (for example, $ earnings for that week. iii. Deductions. The employer shall report the amounts of any deductions from the gross , Loan Repayment, Child Support, etc.). Any voluntary deductions, that is, not required by law or by an order of proper authority, shall be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. Written authorization shall be signed by the employee and shall accompany the first payroll on which the deduction appears. iv. Net Pay. The employer shall report the net pay on each payroll submitted. g. Statement of Compliance (Weekly Payroll Certification). Each weekly payroll shall be by the original signature of the principal executive of the employer or of a person authorized in writing by the principal. The Statement of Compliance shall contain the language prescribed on DOL Form WH-348 or the reverse side of Form WH-347 which shall certify to the following: 1. That the weekly payroll contains the information required to be maintained and that the information is correct and complete; 2. That each laborer or mechanic (including each apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; and 3. That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. If the employer pays a portion of the required fringe benefits to programs and the balance directly to the employee, the employer shall explain those differences in the spaces provided on the Statement of Compliance. If the employer pays the fringe benefits directly to the employees, then the employer shall add the cash equivalent of the fringe benefits to the reported basic hourly rate of pay. 4) "No Work" payrolls. Employers are not required to submit CPRs for weeks during which no work was performed on the site of the work provided that the CPRs are numbered sequentially and that the employer has provided written notice that its work on the project has been suspended. Page 33 of 58 5) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) Other reports a. Certificate From Contractor Appointing Officer or Employees to Supervise Payment of Employees; b. Certificate for Contracts, Grants, Loans and Cooperative Agreements; c. Contractor and Subcontractor(s) Profile(s); and (iv) Inspection of Records and On-site Interviews. Each employer shall make the required records (CPRs and related documents) available for inspection, copying or transcription by authorized representatives of the County, FTA or DOL. In addition, each employer shall permit authorized representatives to interview employees during working hours on the job site. Failure by any employer to submit the required records or to make them available, or to permit on-site employee interviews may, after written notice to the contractor, cause a suspension of any further payment, advance or guarantee of funds. In addition, failure to submit the records on request or to make them available may be grounds for debarment action pursuant to 29 CFR 5.12. (v) Requests by Outside Parties for Payrolls. In order to protect the personal privacy interests of employees, copies of weekly payrolls shall not be released to outside parties and may be withheld under Exemption 6 of the Freedom of Information Act (FOIA) unless (e.g., name, address, social security number) are first deleted. (vi) Confidentiality. The identity of any person providing information concerning the labor standards compliance of any contractor or subcontractor shall not be disclosed in any manner to anyone other than the County or Federal officials unless written consent is provided in advance by such person. Additionally, any portions of a statement or written document provided by such person, which would reveal the identity of the source shall not be disclosed without prior written consent. Disclosure of such statements and documents shall be governed by the provisions of the FOIA and the Privacy Act of 1974. a. Privacy Act Release. The County Release format to each person making a statement or providing documentation, which alleges underpayment of wages. The format shall permit such person to indicate whether disclosure of identity is authorized. The County may develop a form for its use in its jurisdiction for this purpose. b. DOL investigatory materials. From time to time, the DOL may furnish investigatory materials to the County or FTA in the course of its administration and enforcement operations. None of the material, other than computations of back wages and liquidated damages and the summary of back wages due, may be disclosed in any manner to anyone other than County or FTA staff responsible for administering the contract without prior approval from the DOL. Page 34 of 58 La Porte shall ensure compliance with the Davis-Bacon and Related Acts requirements and shall furnish or cause to furnish the required reports documenting compliance with the Davis-Bacon and Related Acts requirements. County will review all certified payrolls and conduct worker interviews and will hold the contractor responsible for compliance with labor requirements. The County reserves the right to withhold funds from the general contractor to compensate workers in accordance with the appropriate wage scales as promulgated by the U.S. Department of Labor. D. Compliance Violation(s) Provisions As required by the Davis-Bacon Act and applicable Harris County Guidelines, La Porte and the contractor shall be assessed fines for compliance violations. (i) The County shall issue a written Notice of Non-Compliance or wage restitution letter detailing each violation as it arises with instructions on how to cure the violation. The Notice of Non-Compliance or wage restitution letter shall provide for a fifteen (15) to thirty (30) calendar day grace period from the date of the written notice or letter for corrective actions. (ii) Violations shall be punishable against La Porte or the Contractor on a per day/per violation basis and, provided the County has not received reports documenting corrective actions. 14. La Porte La Porte uses its own employees, materials, and/or equipment. All portions of construction work will be subject to the competitive bidding process referenced above. 15. La Porte-- Harris County specifications. La Porte will ensure that the specifications will be made part of the project manual and the cost of the project sign will be included in all bids. Page 35 of 58 Exhibit D FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS Harris County receives grant funds from the Federal Transit Administration (FTA). Therefore, the successful bidder will be required to comply with the federal statutes and regulations checked below. The following pages contain information for each clause checked below. Please review carefully and indicate your acknowledgement on the final page of this section if you agree to comply with these clauses should you be the successful bidder. Return this entire document with your bid or Agreement. Note: Your signed commitment to comply is required for us to consider your submission responsive. No Federal Government Obligations Special DOL EEO Clause to Third Parties Disadvantaged Business Enterprises (DBEs) Program Fraud and False or Fraudulent Prompt Payment Statements and Related Acts Recycled Products Access to Records Requirements ADA Access Federal Changes Special Notification for States Civil Rights (EEO, Title VI, & ADA) Incorporation of FTA Terms Energy Conservation Termination Provisions Debarment and Suspension Buy America Disputes, Breaches, and Other Litigation Lobbying Clean Air Clean Water Cargo Preference Fly America Davis Bacon Act Copeland Anti-Kickback Act Contract Work Hours and Safety Standards Act Bonding Seismic Safety Transit Employee Protective Arrangements Charter Service Operations School Bus Systems Drug and Alcohol Testing Patent Rights Rights in Data and Copyrights Page 36 of 58 NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS Contractor shall permit the authorized representatives of Harris County, the U.S. Department of Transportation (U.S. DOT), and the Comptroller General of the United States to inspect and audit all data and records of Transit Operations relating to its performance under this Contract. Contractor shall maintain complete and accurate records with respect to its performance under this Contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible at all reasonable Page 37 of 58 times. Contractor further agrees that Harris County shall have, until the expiration of three (3) years after final payment of this Contract, access to and right to examine any directly pertinent books, documents, papers, and records concerning this project. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CIVIL RIGHTS Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: a)Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. c)Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Page 38 of 58 Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Harris County requests which would cause Harris County to be in violation of the FTA terms and conditions. ENERGY CONSERVATION The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. TERMINATION Termination for Convenience: The County may terminate this procurement, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Harris County to be paid the Contractor. If the Contractor has any property in its possession belonging to Harris County, the Contractor will account for the same, and dispose of it in the manner the Harris County directs. (1) Termination for Default \[Breach or Cause\]: If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, Harris County may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the County that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the County, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (2) Opportunity to Cure: The County in its sole discretion may, in the case of a termination for breach or default, allow the Contractor \[an appropriately short period of time\] in which to cure the defect. In such Page 39 of 58 case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to Harris County's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within \[ten (10) days\] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. (3) Waiver of Remedies for any Breach: In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by Harris County. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Harris County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. BUY AMERICA The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder must submit to the FTA recipient the appropriate Buy America certification, see Exhibit E, with all bids on FTA-funded contracts, except those subject to a general waiver. Bids that are not accompanied by a Page 40 of 58 completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. DISPUTES, BREACHES, OR OTHER LITIGATION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s \[title of employee\]. This decision shall be final and conclusive unless within \[ten (10)\] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the \[title of employee\]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the \[title of employee\] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 \[to be codified at 2 U.S.C. § 1601, et seq.\] - Contractors who apply or bid for an award of $100,000 or more shall file the certification (see Exhibit 3A) required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Page 41 of 58 CLEAN AIR The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq; 40 CFR 15.61 and 49 CFR Part 18. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CLEAN WATER The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its Page 42 of 58 subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Page 43 of 58 Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the \[ insert name of grantee \] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Page 44 of 58 (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; 2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. Page 45 of 58 (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the Page 46 of 58 wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Page 47 of 58 BONDING The Contractor agrees to provide contract performance and payment bonding as required by State law in Section 2253.021 of the Texas Government Code and comply with any other bonding requirements FTA may issue. The following criteria adequately protects the Federal interest for construction or facility Agreements with a value exceeding $100,000: 1. A performance bond on the part of the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such a contract; and 2. A payment bond on the part of the Contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages - The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any Page 48 of 58 subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally Page 49 of 58 assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by the rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISE (DBE) Goal This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The goal for DBE participation is 4%. A separate contract goal of 4% DBE Participation has been established for this contract. Bidders are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bo use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). Nondiscrimination The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Harris County deems appropriate, which may include, but is not limited to: Page 50 of 58 (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquated damages; and/or (4) Disqualifying the Contractor from future bidding as non-responsible. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). Prompt Payment Subcontractor and Supplier Payments: In accordance with Texas Government Code, Title 10 Chapter 2251 Sec. 2251.022, the Contractor shall provide payment to each Subcontractor and Supplier within ten (10) calendar days after receiving payment from Harris County CSD for amounts previously invoiced for work performed or materials furnished under the Contract. Subcontract payment provisions shall require payments to subcontractors within ten (10) calendar days after the prime Contractor received payment from Harris County CSD. Interest on late payments is subject to the provisions of Texas Government Code, Title 10, Chapter 2251, Vernon's Texas Codes Annotated regarding payments to subcontractors. Under Sec. 2251.023, subcontractors are also required to make payments to their subcontractors no later than the 10th day after the date the subcontractor receives payment from Contractor. Failure to pay subcontractors within 10 days and/or failure to submit appropriate certification of subcontractor payment will be considered in the review of the Contractor's performance of the contract and may result in the withholding of payment to the Contractor. Retainage: Harris County CSD does not normally require retainage on contracts other than contracts involving construction or installation of equipment or other components. If retainage is required, the Contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Harris County CSD has also established the following additional mechanisms to ensure prompt payment and will include it in all contractual agreements. Billing Disputes: If a payment dispute arises between the Contractor and any Subcontractor or Supplier related to this Contract, the Contractor shall provide a written response to the Subcontractor or Supplier, with a copy to the Project Manager, specifically addressing any disputed amounts. The Contractor should resolve all disputed invoices at the earliest time to avoid a delay in the submission of required subcontractor/supplier payment certifications that could delay payment to the Contractor. In the event that the Contractor cannot resolve a subcontractor or supplier disputed invoice, the Contractor shall bring the matter to the attention of the Contracting Officer at the time of submitting the Contractor's invoice for payment. The Project Manager will investigate the situation and make a determination whether the Contractor's invoice should be processed for payment without the required subcontractor or supplier certification. The Project Manager will not mediate the dispute between the Contractor and any subcontractor or supplier in the resolution of disputed invoices. At no time will the Contractor invoice Harris County CSD for amounts in dispute without prior notification to the Project Manager. Subcontractors: The Contractor shall not, without the written consent of Harris County CSD, terminate a subcontractor, or replace a subcontractor previously listed or permit such subcontract to be assigned or transferred, or allow that portion of the work to be performed by anyone other than the listed subcontractor, except the Contractor may perform a previously subcontracted portion of the work itself with qualified personnel upon written approval from Harris County CSD. After award, the Contractor shall not enter into a subcontract for work to be performed without prior notification to Harris County CSD. At no time will the Page 51 of 58 Contractor invoice Harris County CSD for amounts pertaining to subcontractors terminated or substituted without prior approval. ADA ACCESS The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement. In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112 and section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Contractor agrees that it will 49 CFR Part 38, pertaining to facilities and equipment to be used in public transportation. In addition, the Contractor agrees to comply with the requirements of 49 U.S.C. § 5301 (d) which expresses the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly persons and persons with disabilities. Contractor also agrees to comply with any implementing requirements FTA may issue. Contractor understands that it is required to include the above clauses in all subcontracts. Failure by the Contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the County deems appropriate. ACKNOWLEDGEMENT BY SIGNING BELOW, I declare LA PORTE, has duly authorized me to acknowledge and bind its compliance with the required contract clauses above in this section. It is also understood the clauses above in this section are to be made part of the Agreement or any subcontract under the Agreement between HARRIS COUNTY and LA PORTE for the work described herein. _____________________________________ ________________________ Authorized Signature Date _____________________________________ Company _____________________________________ Title Page 52 of 58 Exhibit E BUY AMERICA CERTIFICATION (STEEL, IRON, AND MANUFACTURED PRODUCTS) La Porte agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. La Porte must submit to the County the appropriate Buy America certification (below) and with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Please indicate your selection below: La Porte hereby certifies that it will comply with Title 49 U.S.C Section 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5 by only installing steel, iron, and manufactured products produced in the Page 53 of 58 United States of America. La Porte further agrees that it will submit documentation to the County that demonstrate all steel and manufactured products are 100% manufactured in the United States. La Porte hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.C Section 5323(j)(1) and CFR Part 661.5; La Porte therefore requests a waiver for an exception per Title 49 U.S.C Section 5323(j)(2)(A), 4323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR Part 661.7. _____________________________________ ________________________ Authorized Signature Date _____________________________________ Company _____________________________________ Title Exhibit F LOBBYING CERTIFICATION APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned La Porte certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions \[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language Page 54 of 58 in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104- 65, to be codified at 2 U.S.C. 1601, et seq .)\] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall besubject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. \[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.\] La Porte certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, La Porte understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________________Signature of Authorized Official __________________________________ Name and Title of Authorized Official __________________________________ Date Exhibit G PROJECT MAP Page 55 of 58 THE STATE OF TEXAS § § Page 56 of 58 COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the _______ day of ___________, _____, with the following members present, to wit: Ed Emmett County Judge Gene L. Locke Commissioner, Precinct No. 1 Jack Morman Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 And the following members absent, to-wit _______________________, constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE SIDEWALK IMPROVEMENTS PROJECT Commissioner _____________________ introduced an order and made a motion that the same be adopted. Commissioner _________________ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Emmett Comm. Locke Comm. Morman Comm. Radack Comm. Cagle The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: RECITALS: THIS AGREEMENT, is made and entered by and between Harris County, a body politic and corporate under the laws of the State of Texas, herein called the the City of La Porte, a body politic and corporate La Porte WHEREAS, the County has received funds from the United States Department of Transportation (USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (5307); and WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307, is to make Federal resources available to urbanized areas for transit capital and operating assistance in urbanized areas and for transportation related planning; and Page 57 of 58 WHEREAS, the County and La Porte entered into an agreement on or around October 26, 2010 for the provision of Fixed Route Bus services within La Porte which provided that La Porte would construct certain transit stops, but did not provide for sidewalk improvements at such stops; and WHEREAS, the County and La Porte desire to enter into a separate agreement whereby the County will grant FTA 5307 Grant funds to La Porte for the purpose of installing up to 4,400 linear feet of sidewalk improvements and 23 ADA ramps along Park Drive within the City of La Porte, collectively known as the which is an eligible activity under the rules and regulations regarding the FTA 5307 Grant Program; and WHEREAS, the County wishes to engage La Porte to assist the County in utilizing the FTA 5307 Grant funds; and NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this Agreement are true and correct. Section 2: The Executive Director of Harris County Community Services Department or his Designee is hereby authorized to execute an Agreement between Harris County and the City of La Porte for the partial funding of the Sidewalk Improvements Project, in the amount not to exceed $285,600.00. The Agreement is attached hereto and made a part hereof for all purposes. Section 3: The Harris County Community Services Department and its Director or his Designee are authorized to take such actions and execute such other documents as they deem necessary or convenient to carry out the purpose of this Agreement. Page 58 of 58 CITY OF LA PORTE PARK DRIVE SIDEWALK IMPROVEMENTS Exhibit CITY OF LA PORTE PARK DRIVE SIDEWALK IMPROVEMENTS Exhibit Park Drive Sidewalk Improvements 100% Cost Estimate BASE BIDEngineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 1-General Requirements (limit to 5% of total)LS1$16,000.00$16,000.00 200562Preparation of Right of WayLS1$15,000.00$15,000.00 300103Remove Existing Concrete Sidewalk and CurbSY18$8.00$144.00 400105Concrete Sidewalk (6' Wide)SY2700$50.00$135,000.00 500105Concrete Slotted CurbLF2980$8.00$23,840.00 600105Curb Ramp (Type 7)EA3$1,500.00$4,500.00 700105Curb Ramp (Type 12)EA1$2,000.00$2,000.00 800109Concrete Driveway ReplacementEA7$1,800.00$12,600.00 900340Asphalt Pavement RepairSY250$40.00$10,000.00 1000108Adjust Valve Boxes to GradeEA2$500.00$1,000.00 1100110Roadside Ditch RegradingLF3500$7.50$26,250.00 1200162Block Sodding (16" Wide Sod)SY575$4.00$2,300.00 1300164Hydro-mulch SeedingSY13500$1.00$13,500.00 14TxDOT 450Pedestrian RailLF110$90.00$9,900.00 1500500Relocate Existing Mail BoxesEA14$500.00$7,000.00 1600500Relocate Existing Roadway SignsEA11$500.00$5,500.00 1700500Install Pedestrian Advance Warning SignsEA13$500.00$6,500.00 1800660Reflectorized Pavement Markings for Crosswalks and Stop Bars (Type I) (24" White)LF1500$10.00$15,000.00 1900671Installation and Maintenance of Traffic Control DevicesLS1$5,000.00$5,000.00 2000501Tree ProtectionLS1$5,000.00$5,000.00 2100560SWPPP Requirements (Silt Fence, Inlet Protection, Construction Entrances)LS1$10,000.00$10,000.00 22-Site RestorationLS1$10,000.00$10,000.00 BASE BID TOTAL$336,050.00 ADD. ALTERNATE NO. 1 - RETAINING WALLEngineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 132 32 23Landscape Block Retaining WallSF750$30.00$22,500.00 ADD. ALTERNATE NO. 1 TOTAL$22,500.00 ADD. ALTERNATE NO. 2 - FILL DITCH BETWEEN IDAHO ST. AND OHIO AVE.Engineers Estimate ITEM NO. SPEC NO.BID ITEM DESCRIPTIONUNITQUAN.UNIT PRICEAMOUNT 133 41 15.0124" HDPE PipeLF95$60.00$5,700.00 20046024" RCPLF70$80.00$5,600.00 300130Fill MaterialCY430$5.00$2,150.00 400430Connect Proposed Pipe to Existing Pipe EA6$500.00$3,000.00 500430Area Drain BasinsEA5$1,000.00$5,000.00 ADD. ALTERNATE NO. 2 TOTAL$21,450.00 CONTINGENCY (10%)$38,000.00 PROJECT TOTAL (INCLUDING ALTERNATES)$418,000.00 City of La Porte Park Drive Sidewalk Improvements REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: November 14, 2016 Source of Funds: Motor Pool/Gen. Requested By: Sharon Valiante Account Number: 009-7071-531-8050 Department: Public Works 001-6146-515-9050 Report: X Resolution: Ordinance: Amount Budgeted: _$257,020.00 Exhibits: 02 Summary of Vehicle Replacement Amount Requested $278,248.97 Exhibits: 03 Quotes Budgeted Items: YES NO Exhibits SUMMARY & RECOMMENDATION The FY 2017 budget includes funding for the replacement of one (1) Gator (49-32), two (2) Fairway Mowers (49-43, 49-35), one (1) Gator with tool box (49-32), and one (1) Greens Mower for the Golf Course. In addition, one (1) EMS Ambulance Cab & Chassis was approved for replacement in FY 2017. Competitive quotes were received through the Texas BuyBoard Purchasing Programs for equipment/vehicles eligible for replacement in the FY16 - FY17 Vehicle Replacement Program. The following vendors were selected from the Texas Association of School Board BuyBoard Program and the H-GAC BuyBoard. VENDOR BUDGET ITEMBUDGETEDBIDUSER 1 Deere & Co 1 Gator (49-32) $ 21,385.00 $ 22,526.40 Golf 2 Deere & Co2 Fairway Mowers (49-$ 89,759.00 $102,416.00Golf 34,49-35) 3 Deere & Co1 Gator/Sprayer Combo (49-$ 23,120.00 $ 17,968.48 Golf 54) Deere & Co1 200 Gal Sprayer (49-55) $ 9,331.00 $ 10,600.48 Golf 4 Deere & Co1 Greens Mower (49-57) $ 33,451.00 $ 30,262.61 Golf Mac Haik 1 EMS Ambulance Cab & 5 Chassis/Remount (59-35) $ 79,974.00 $ 94,475.00EMS TOTAL$257,020.00 $278,248.97 EMS ($14,501) & ($21,228.97)Golf ($6,727.97) Budgeted vs Actual 1 No trade in; gator being retained for service in Public Works 2 reflects $10,000 trade-in allowance deducted ($5,000 each unit) 3 reflects $ 3,500 trade-in allowance deducted 4 reflects $ 1,000 trade-in allowance deducted 5 reflects $ 5,000 trade-in allowance deducted *Note: Pricing for Golf equipment is good thru November 18, 2017; orders placed after November 18, 2016 could see a price increase of 2.5% ; Pricing for Ambulance Cab & Chassis/Remount is good thru November 24, 2016 Miscellaneous: The Golf Course equipment to be purchased with this agenda request will replace existing equipment that are now at the end of their service lives, except that 49-32 will be retained for use in Public Works for herbiciding alleyways. PW will begin paying lease fees to replace this equipment in the future. The EMS Ambulance Cab & Chassis remount to be purchased with this agenda will replace an existing truck that has a history of maintenance and performance issues. In addition, the ambulance remount requires the existing unit to go out of service for approximately three months prior while the entire unit is being prepared for final delivery. The “Budgeted” amount listed in the table for the replacement equipment/vehicle represents the total funds deposited by the Department through FY 2016 in the form of “lease fees” paid by the department over the lease term designated for each vehicle. Additional funding ($3,727.97 & $3,000) is provided through the Golf Course and Public Works budgets, respectively, for the Golf equipment. The additional funding ($14,501.00) for the Ambulance (EMS) purchase is proposed to be funded by the contingency in the general fund and will require a budget adjustment to have the total amount of funding needed to purchase the unit. The Purchasing Division of the Finance Department has reviewed the recommendation for equipment purchases and is in support of this recommendation. Pricing was checked on BuyBoard Programs through TASB and H-GAC. Action Required by Council: Consider approval or other action to award purchase of six grounds maintenance equipment for the Golf Course to Deere & Company ($183,773.97) and one ambulance cab & chassis with remount to Mac Haik ($94,475.00). Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:November14,2016Appropriation RequestedBy:RosalynEptingSourceofFunds:015 Department:Parks&RecreationAcctNumber:01580805521100 Report:Resolution:Ordinance:_AmountBudgeted:$100,000 Exhibits:GameTimeQuoteAmountRequested:$52,949.52 LomaxPlaygroundRendering LomaxPlaygroundAerialPlansBudgetedItem:YESNO TomBrownPlaygroundRendering TomBrownPlaygroundAerialPlans EmailwithDeadlineExtension BuyBoardCertification SUMMARY&RECOMMENDATION Thisfiscalyearthebudgetincludes$100,000totalfortwoplaygrounds,LomaxParkandTomBrown Park.Historically,whenthereismorethanoneplaygroundbeingreplaced,staffwillpurchaseone, installit,andthenpurchasetheotheroneatalatertimeoncethefirstplaygroundiscomplete. However,whenlookingintoplaygroundstheCitywasnotifiedofagrantfromGameTimethatis guaranteeduntilthefundsrunout.Therefore,staffislookingatpurchasingbothplaygroundsatthe sametimetogetthebestvalueforourdollars. Withthebudgetforequipment,GameTimewillbeabletomatchtheCityontheplaystructuresonly. Thematchdoesnotincludeanyadditionalseparatepieces(likeswingsets,balancebeams,etc.),ground cover,orplaygroundborder.Thematchisonaslidingscale,soifonlyoneplaygroundwasorderedata time,thematchwouldbesomewherearound3035%andchancesaretheCitywouldonlybeableto usethegrantforoneplaygroundbecauseGameTimewouldrunoutoffundsbythetimethesecond playgroundwasordered.Inordertoreceivethegrant,theentirebalancemustbepaidbycashorcheck atthetimeoftheorder.AfterspeakingwithPurchasing,thisispossiblesothattheCitycanparticipate th inthegrant.PleasenotethatthedeadlineonthequotestatesNovember13,butthereisanemailin rd theexhibitsthatconfirmsadeadlineextensionuntilNovember23. Staffwouldliketoorderbothplaygroundsatthesametimeandgetthematchinggrant.Withthisgrant theCitywillbeabletogetashadestructureoveraportionoftheplaygroundsetatLomax.Thegrant aystructure,notaseparatestandalone coverstheshadestructureaswellbecauseitisattachedtothepl item.Theattachedexhibitsshowtheplaygroundsproposedforinstallation.Thecolorsarechangeable. Thevalueoftheeligibleplayequipmentis$84,201.ThetotalgrantamountfromGameTimeactually exceeds50%andhasatotalvalueof$42,464.66. Theadditionalfundsthatareremainingafterthepurchaseoftheplaygroundequipmentwillbeusedfor playgroundborders,engineeredwoodfiber(fallsurfacing),picnictables,garbagecans,andnewswing seats/paintfortheexistingswingsetsthatareremaining. StaffrecommendsCouncilapprovaloftheplaygroundequipmentpurchaseintheamountof$52,949.52 withGameTimeforplaygroundequipmentatLomaxParkandTomBrownPark. ActionRequiredbyCouncil: Considerapprovalorotheractiontopurchaseplaygroundequipmentintheamountof$52,949.52for LomaxParkandTomBrownPark. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate by Total Recreation Products, Inc. 17802 Grant Road Cypress, Texas 77429 QUOTE Phone: 281-351-2402 #76051 Toll Free: 800-392-9909 Fax: 281-351-2493 11/03/2016 TM-10109-16 Rev 1 City of La Porte - Lomax & Tom Brown Park Ship To Zip: 77571 City of LaPorte Attn: Rosalyn Epting 1322 South Broadway La Porte, TX 77571 Phone: 281-470-7275 eptingr@laportetx.gov QuantityQuantityQuantityQuantityPart #Part #Part #Part #DescriptionDescriptionDescriptionDescriptionUnit PriceUnit PriceUnit PriceUnit PriceAmountAmountAmountAmount Lomax Park 1RDUGame Time - TM-10109-16-2A1 PT15504Game Time - TM-10109-16-2A1 PT15504$56,000.00$56,000.00$56,000.00 $56,000.00 Unit w/Integrated ShadeUnit w/Integrated Shade 1GRANTGame Time - GameTime Grant Matching($27,975.00)($27,975.00) Funds 1564Game Time - Curved Balance BeamGame Time - Curved Balance Beam$626.00$626.00$626.00 $626.00 Tom Brown ParkTom Brown Park 1RDUGame Time - TM-10109-16-2A2 PT15489$28,201.00$28,201.00 Unit 1GRANTGame Time - GameTime Grant Matching($14,100.50)($14,100.50) Funds 1564Game Time - Curved Balance Beam$626.00$626.00 1RDUGame Time - 2 Bay PrimeTime Swing, (1)$3,564.00$3,564.00 Zero-G Chair, (1) Belt Seat, (1) Expression Swing Freight Calculated to 1302 South Broadway, La Porte, TX 77571SubTotal:$46,941.50 Discount:($389.16) Equipment Only; Installation NOT included.Estimated Freight:$6,397.18 Total Amount:$52,949.52 *Surfacing is NOT included. Per ASTM / CPSC standards, adequate Highlightedlineitems safety surfacing is required underneath play equipment with a critical fall height eligiblefor50%grant DUE TO FLUCTUATING FUEL COSTS, FREIGHT SHOWN IS ESTIMATED FREIGHT. ACTUAL FREIGHT WILL BE DETERMINED AT THE TIME OF YOUR ORDER. PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER. Totalgrantamount is$42,464.66. 100% funds match for payment in full at the time of your order. Grantamountsare GRANT MATCHING FUNDS ARE AVAILABLE THROUGH NOVEMBER 13, 2016 OR UNTIL EXHAUSTION OF FUNDS. underlinedingreen. Contract: Buy Board Contract #512-16 Important Terms & Conditions - Please Review To place an order, you must provide this Price Quotation, signed by an authorized purchaser, with a check made payable to GameTime for the full amount of the order. Page 1 of 3 TM-10109-16 Rev 1 City of La Porte - Lomax & Tom Brown Park QUOTE #76051 11/03/2016 This quotation explicitly excludes any and all items not expressly specified or identified above. No other product, equipment, or service is included, regardless of any Contract Document, Contract Section, Plans, Specifications, Drawing, or Addendum. Delivery for most GameTime equipment is approximately 5-6 weeks after all order documents have been received and payment terms have been approved. A current, approved credit application is required for N30 terms. To place an order, you must provide a purchase order or a signed Total Recreation Products, Inc. (hereafter described as TRP) quote, assigned to GameTime. Neither general contractor nor subcontractor contracts can be accepted. Purchase documents that contain indemnity or hold harmless conditions cannot be accepted. Retainage is not permitted. The following must be received before your order can be processed: complete billing and shipping addresses, a contact name and phone #, and all color choices. Manufacturer's colors may vary from year to year. You are responsible for ensuring that any required submittal approvals are completed before placing your order for processing. TRP reserves the right to limit submittals to one copy. Shop drawings, bluelines, sepias, are not available. Closeout documents may be limited to GameTime or TRP standard issue. If Sales Tax Exempt, a copy of your tax exemption form or resale certificate must accompany your order, or any applicable sales tax, will be added to your invoice. Most GameTime products are shipped from the Ft. Payne, AL plant. GameTime cannot hold orders or store equipment. Equipment is invoiced when shipped. If a cash sale, your payment must be received in full before the order will be processed. Contractors must also provide copies of current, fully executed bid/performance/payment bonds, as applicable. Pricing shown does not include any charges for permits, bonding, prevailing wage, or additional insured certifications.Unless otherwise noted, any quantity of surfacing or playcurbs quoted has been calculated specifically for the equipment and layout shown. No additional surfacing or curbing is included, and no allowance has been made, for an unleveled, convoluted or larger site, or for a different layout. Neither GameTime nor TRP is responsible for any surface, curbing, border, or drain that is provided by others. Also please confirm that your area is adequate for the equipment that you are purchasing. Installation charges, if quoted, are for a "standard" installation unless specifically noted to be otherwise. Installation charges are due upon completion. Standard installations are based upon a soil work site, that is freely accessible by truck, (no fencing, tree/landscaping or utility obstacles, etc.), and level, (+/- 1-2% maximum slope). An accessible water source must be available to the installer. Any site work that is not expressly described is excluded. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply.Standard installations generally require from 2-10 business days to complete, depending upon the amount and type of equipment, site conditions, weather, and the installer's schedule. Work may or may not be performed in consecutive days. Playcurbs are staked in, not set in concrete. Engineered wood fiber and shredded rubber surfacings are spread, not compacted, rolled, or watered. Landscape timbers are not warranted. The Customer is responsible for locating and clearly marking all underground utilities in the installation area before any installation work can begin. The installer is not responsible for damages, repairs, or discontinuance of business due to damaged utilities.If applicable, sprinkler system locates, re-working and repairs are excluded from installation charges. Installation of all products, (equipment, borders, fall surfacing and amenities) are as quoted and approved by acceptance of quotes and drawings. As a precautionary measure, work in progress areas will be taped off at the end of the workday. Pier spoils from installation shall be spread at site, site will be left rough grade. The installer is not responsible for any damages or re-work resulting from after hours events or activities during the work in progress period. Temporary fencing is only provided by specific request, and additional charges will apply. Collectively and/or individually, not the manufacturer, TRP, their representatives, nor the installation company shall be held liable for any damages resulting from misuse, vandalism, or neglect. Any deviations from approved and accepted placement of all items, along with additional work, over and above quoted items, will be chargeable to the customer. Once work is completed the customer will be notified if present at the job site, and all responsibility of any new work will be transferred to the customer. The customer is responsible for maintaining the integrity of completed installation work until all components have seated and/or cured (concrete footings, etc.). Your project site must be completely prepared and ready to receive your equipment before any installation work begins. Acquisition of any and all permits is the sole responsibility of the customer. Additional charges may be billed for any extra hours or trips needed as a result of the work site not being ready. Neither the installation contractor, GameTime nor TRP will be responsible for delays caused by shortages, incorrect parts, weather conditions, other contractors, or lack of site readiness. If you are receiving your equipment, you are responsible for unloading and accepting delivery from the freight company and reporting any damaged freight or shortages on the freight bill at the time. You will also be responsible for a complete inventory of your received equipment and reporting any discrepancies to us immediately. Neither the freight company nor the manufacturer will resolve shipment discrepancies that are not reported immediately. Make sure that all items have been received before any type of installation work is scheduled. The freight carrier will be instructed to call your designated contact 24 hours before delivery to arrange a delivery appointment. Once accepted, orders can only be changed or canceled with the consent of GameTime and TRP, and on terms that will indemnify them against loss. Changed or canceled orders are subject to a $100.00 service charge. Additionally, canceled orders are subject to a 25% restocking fee, plus freight charges (to and from). Built-to-order equipment orders are non-cancelable. Changes to orders that have been shipped and invoiced are subject to the above $100.00 service charge plus additional restocking/return charges of 25%. Non-returnable items shall be charged at full invoice value. Any return transportation charges shall be for the Buyer's account. Replacement parts are also subject to the cancellation/returns policy. Please carefully review any research information that has been sent to you and confirm that you are ordering the correct replacement parts for your equipment. This quotation is valid 30 days. After 30 days, please request an updated quote. Prices may be subject to material and fuel surcharges at the time of shipment and are subject to change without notice. Current prices will apply at the time of shipment. Acceptance of this quote indicates your agreement to GameTime's credit terms, which are net 30 days, FOB shipping with approved credit. Any deviations from this proposal may invalidate the quoted pricing and/or terms. THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO GAMETIME, C/O TOTAL RECREATION. Page 2 of 3 TM-10109-16 Rev 1 City of La Porte - Lomax & Tom Brown Park QUOTE #76051 11/03/2016 Please complete and return with your required form of payment: Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimilie: __________________________________________ Purchase Amount: $52,949.52 Order Information: Bill To: _____________________________________________ Ship To: _________________________________________ Company: ___________________________________________ Company: ________________________________________ Attn: ________________________________________________ Attn: ____________________________________________ Address: _____________________________________________ Address: _________________________________________ City, State, Zip: _______________________________________ City, State, Zip: ___________________________________ Contact: ______________________________________________ Contact: _________________________________________ Email Address: _______________________________________ Email Address:_____________________________________ Tel: _________________________________________________ Tel: ____________________________________________ Fax: _________________________________________________ Fax: ___________________________________________ For non-taxable purchases: Please also provide a copy of your Sales Tax Exemption Certificate or Resale Certificate. Page 3 of 3 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:Gametime/Total Recreation Products, Inc. Address:17802 Grant Road All Cypress, TX 77429 Vendor Discounts Only Phone Number:(281) 351-2403 Catalog Pricing Only Email:kelly@totalrecreation.net Website:http://www.gametime.com Refine Your Search: Federal ID:74-2647681 Vendors Contact:Kelly O'Conner Gametime/Total Recreation Accepts RFQs:Yes Products, Inc.\[X\] Minority Owned:No Price Range Show all prices Women Owned:No Category Service-Disabled Veteran Owned:No None Selected EDGAR:Yes Contract Contract Name:Parks and Recreation Equipment and Field Lighting Products and Installation None selected Contract Description:Playground, skate park, aquatic/waterpark equipment; safety surface products; park furnishing/fountains; shade canopies; lake/river/waterway docks; outdoor bleachers; Additional Searches: scoreboards/marquees/signs; portable restrooms/shelters; service/repair & installation Contract#:512-16 Search by Vendor Effective Date:10/01/2016 Browse Contracts Expiration Date:09/30/2019 Payment Terms:Net 30 days Delivery Days:30 Shipping Terms:Pre-paid and added to invoice Freight Terms:FOB Destination Additional Resources Ship Via:Common Carrier Region Served:Texas Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 States Served:Louisiana, Texas Additional Info:EDGAR Compliance documents (2 CFR Part 200 & Appendix II) are included in the Vendor h response document, and can be found in the Vendor Proposal File link near the bottom of t page. Quote Reference Number:512-16 Return Policy:30 day return policy with 25% restocking fee plus freight, no returns on custom items 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 Construction Services Advisory:Click to view the Construction Related Goods and Services Advisory Proposal Files: Click to view Vendor Proposal Files Documents Contact us 800-695-2919 https://app.buyboard.com/Search/Index?SearchTerm=&VendorId=1502&DiscountProduct...11/3/2016 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016 General Fund General Fund (001)/ESD Fund (001)/ESD Fund Ray Nolen, EMS Chief Ray Nolen, EMS Chief Source of Funds:Source of Funds: Requested By:Requested By: (034)(034) Emergency ServicesEmergency Services Department:Department: 001001--50595059--522522-- Report:Resolution:Resolution:Ordinance:Ordinance: 2090/0342090/034--50595059-- Account Number:Account Number:    Other: 522522--80218021 $6,000.00/$6,000.00/ AttachmentsAttachments : : Amount Budgeted:Amount Budgeted: $63,000.00$63,000.00 $5,874.33/$5,874.33/ 1.Vendor Quote Vendor Quote -- Physio Physio -- Control, Inc. Control, Inc. Amount Requested:Amount Requested: $51,729.00$51,729.00 2.Sole Source LetterSole Source Letter Budgeted Item:Budgeted Item:YESYESNONO SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS EMS requested funding during the FY2016EMS requested funding during the FY2016--17 budget period to purchase the following medical 17 budget period to purchase the following medical treatment devices:treatment devices: Fund - 001 3 –PhysioPhysio--Control CR Plus Automated External Defibrillators Control CR Plus Automated External Defibrillators --$$5,874.33 (Pricing corresponds to 5,874.33 (Pricing corresponds to line items marked line items marked ““AA””in Quote)in Quote) Fund - 034 1 –PhysioPhysio--Control LifePak 15  EKG/Defibrillator Control LifePak 15  EKG/Defibrillator -- $35,769.15 (Pricing corresponds to line items $35,769.15 (Pricing corresponds to line items marked marked ““BB””in Quote)in Quote) 1 –PhysioPhysio--Control LUCAS Chest Compression Device Control LUCAS Chest Compression Device --$$15,774.85 (Pricing corresponds to line 15,774.85 (Pricing corresponds to line items marked items marked ““CC””in Quote)in Quote) 1 –Shipping & Handling Shipping & Handling -- $185.00 $185.00 Total - $57,603.33 $57,603.33 These requested medical treatment devices will serve as replacements for current equipment being These requested medical treatment devices will serve as replacements for current equipment being utilized by EMS personnel that is being phased out due to device age, condition and the receipt of utilized by EMS personnel that is being phased out due to device age, condition and the receipt of notification by manufacturers that the continuance of a maintenance service agreement along with notification by manufacturers that the continuance of a maintenance service agreement along with availability of parts and components for these current devices are either at or nearing end of life which availability of parts and components for these current devices are either at or nearing end of life which ranges between 8 ranges between 8 ––10 years.10 years. Physio-Control, Inc. is the sole source provider in the Emergency Response Services for the following Control, Inc. is the sole source provider in the Emergency Response Services for the following products: New LIFEPAKNew LIFEPAK® ® 15 Monitor/Defibrillators15 Monitor/Defibrillators New LUCASNew LUCAS® ® 2 Chest Compression Systems2 Chest Compression Systems La Porte EMS standardized utilizing PhysioLa Porte EMS standardized utilizing Physio--Control, Inc. EKG/Defibrillators, LUCAS Chest Control, Inc. EKG/Defibrillators, LUCAS Chest Compression Devices and CR Plus AED devices several years ago and has been extremely pleased Compression Devices and CR Plus AED devices several years ago and has been extremely pleased with the performance and dependability of the respective lifesaving equipment. with the performance and dependability of the respective lifesaving equipment. An annual maintenance service agreement will need to be secured upon the expiration of the one (1) An annual maintenance service agreement will need to be secured upon the expiration of the one (1) year factory warranties for the LifePak 15 and LUCAS devices.year factory warranties for the LifePak 15 and LUCAS devices. CR Plus AED devices have an eight (8) year factory warranty. CR Plus AED devices have an eight (8) year factory warranty. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the purchase in the amount of $57,603.33 for three (3) CR Consider approval or other action authorizing the purchase in the amount of $57,603.33 for three (3) CR Plus AED Devices, one (1) LifePak 15 EKG/Defibrillator & one (1) LUCAS Chest Compression Device Plus AED Devices, one (1) LifePak 15 EKG/Defibrillator & one (1) LUCAS Chest Compression Device from a sole source provider.from a sole source provider. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Physio-Control, Inc 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073-9706 U.S.A. www.physio-control.com tel 800.442.1142 fax 800.732.0956 B B C C C C A A ___________________________________________________ Pricing Summary Totals GRAND TOTAL FOR THIS QUOTE November9,2016 Physio-Control, Inc. is the sole-source provider in the Hospital (hospitals and hospital-owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets for the following products: ® New LIFEPAK 15 monitor/defibrillators New LIFEPAK 20e defibrillator/monitors New LIFEPAK 1000 automated external defibrillators ® New LUCAS 2 Chest Compression System TrueCPR Coaching Devices Physio-Control, Inc. is the sole-source provider in all markets for the following products and services: SM RELI (Refurbished Equipment from the Lifesaving Innovators) devices ® LIFENET System and related software Factory-authorized inspection and repair services which include repair parts, upgrades, inspections and repairs PulsePoint Agency Services ® HealthEMS Software ® HomeSolutions.NET Software ACLS (non-clinical) LIFEPAK defibrillator/monitors Physio-Control is also the sole-source distributor of the following products for EMS customers in the U.S. and Canadian markets: McGRAT MAC EMS Video Laryngosope McGRATH MAC Disposable Laryngoscope Blades McGRATH X Blade Physio-Control does not authorize any resellers to sell these products or services in the markets listed above. We will not fulfill orders placed by non-authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio-Control sales representative at 800.442.1142. Sincerely, PHYSIO-CONTROL, INC. Allan Criss, Vice-President, Americas Sales GDR 3321967_E REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016 IT BudgetIT Budget Source of Funds:Source of Funds: Rene ValdezRene Valdez Requested By:Requested By: 001.6066.519.2093001.6066.519.2093 Account Number:Account Number: Information TechnologyInformation Technology Department:Department: $183,000$183,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount $173,293.42$173,293.42   Requested:Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.PCMG's BuyBoard Award LetterPCMG's BuyBoard Award Letter 2.QuotesQuotes SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City of La Porte currently utilizes the State of Texas Department of Information (DIR) program to The City of La Porte currently utilizes the State of Texas Department of Information (DIR) program to replace computer workstations throughout the City.  The City has leased the computers with a refresh replace computer workstations throughout the City.  The City has leased the computers with a refresh cycle every 3 years with newer models. Beginning in FY17, the Information Technology Department will cycle every 3 years with newer models. Beginning in FY17, the Information Technology Department will be transitioning away from leasing computers and towards a purchase program with a refresh cycle be transitioning away from leasing computers and towards a purchase program with a refresh cycle every 5 years or as needed. every 5 years or as needed.  Staff plans to replace 136 computers this transition year.  Information Technology Department will Staff plans to replace 136 computers this transition year.  Information Technology Department will purchase 61 computers that were scheduled to be leased in fiscal year 15purchase 61 computers that were scheduled to be leased in fiscal year 15--16 but were deferred due to 16 but were deferred due to decision to purchase in fiscal year 2016decision to purchase in fiscal year 2016--2017 and purchase 75 computers to replace those currently on 2017 and purchase 75 computers to replace those currently on lease, which expire in fiscal year 2016lease, which expire in fiscal year 2016lease, which expire in fiscal year 2016lease, which expire in fiscal year 2016----2017. 2017. 2017. 2017.  Dell has partnered with PCMG ( PCMall Gov) to provide service of purchasing the computers through Dell has partnered with PCMG ( PCMall Gov) to provide service of purchasing the computers through PCMG.  The equipment will be purchased through PCMG utilizing Buy Board Contract 498PCMG.  The equipment will be purchased through PCMG utilizing Buy Board Contract 498--15. 15.  Action Required of Council:Action Required of Council: Consider approval or other action to purchase 136 computers through PCMG (Buy Board Contract 498Consider approval or other action to purchase 136 computers through PCMG (Buy Board Contract 498- 15). Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 3¤­³6¨ %¬ ¨«Ȁ² ±¨³ ȁ¡¨­²³¤£͔¯¢¬¦ȁ¢®¬ PCMGov,Inc. 0±®¯®² «. ¬¤lj.´¬¡¤±Ȁ 2¤¢¤¨¯³®¥ ¯´±¢§ ²¤®±£¤±£¨±¤¢³«¸¥±®¬ #®®¯¤± ³¨µ¤¬¤¬¡¤±¨²­®³¶¨³§¨­³§¤¦´¨£¤«¨­¤²®¥³§¤ #®®¯¤± ³¨µ¤ȁ 2%#/2$/.,9 0¤±¯±®¯®² «²¯¤¢¨¥¨¢ ³¨®­²Ǿ ¶ ±£¤£µ¤­£®±²¶¨««§ µ¤ΕΏ£ ¸²³®²´¡¬¨³³§¤¨±¤«¤¢³±®­¨¢¢ ³ «®¦¨­¢«´£¨­¦ ¯±¨¢¨­¦ȁ)¥³§¤¤«¤¢³±®­¨¢£ ³ ¨²­®³¯±®µ¨£¤£¶¨³§¨­ΕΏ£ ¸²®¥­®³¨¢¤®¥ ¶ ±£Ǿ¶¤±¤²¤±µ¤³§¤±¨¦§³³® ¨­ ¢³¨µ ³¤ ­¸¢®¬¯ ­¸Ȍ² ¶ ±£¨­¥®±¬ ³¨®­¥±®¬³§¤"´¸"® ±£´­³¨«²´¢§³¨¬¤³§¤¤«¤¢³±®­¨¢£ ³ ¨² ±¤¢¤¨µ¤£ȁ PCMG, Inc. Duns #: 12-936-5420 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151Tax ID #: 33-0964088 PRICE QUOTATION ACCOUNT MANAGERBILL TOQUOTE TOTAL:$76,798.00 Jason WillettS9906925 LYLE CAIN QUOTE NO: T:(800) 625-5468 x 38086 LYLE CAIN CITY OF LA PORTE ATTN: F:(310) 630-6518 71281315 604 W FAIRMONT PARKWAY ACCOUNT NO: jason.willett@pcmg.com DELL 7040MT OCT 16 LA PORTE, TX 77571 PROJECT/REF: 281-470-5033 QUOTE DATE:31-Oct-16 QUOTE EXPIRES:20-Nov-16 MFR NO. LNQTYMFRPCMG NO.DESCRIPTIONCONTRACTQUOTE PRICEEXT. PRICE 186DELL300000141DELL OPTIPLEX 7040MTBuyBoard 498-15$893.00 $76,798.00 VIA:DS Ground SUBTOTAL: DELIVER TO:LA PORTE, TX 77571 $76,798.00 TAX:$0.00 FREIGHT:$0.00 TOTAL:$76,798.00 ORDERING INSTRUCTIONS / SPECIAL NOTES PLEASE REMIT PAYMENT TO: Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall'). P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Please *e-mail* (jason.willett@pcmg.com) or fax (310-630-6518 purchase order to 'Attn: JASON WILLETT. E-mail is preferred.File 55327 Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 Prices are subject to change without notice. PCMG, Inc. - Confidential10/31/2016 Page 1 of 1 Optiplex 7040MT 338-BHUH Intel Core i7-6700 Processor (Quad Core, 8MB, 8T, 3.4GHz, 65W) 1 412-AAGU Mini Tower Processor Heatsink 65 Watt 1 619-AHKN Win10 Pro English, French, Spanish 1 630-AAPK No Productivity Software 1 370-ACKD16GB (2x8G) 2133MHzDDR4 1 400-AANO 3.5 inch 500GB 7200rpm Hard Disk Drive1 490-BBFG Intel Integrated Graphics, Dell OptiPlex 1 325-BBRLDVD+/-RW Bezel 1 429-AAJV Tray load DVD Drive (Reads and Writes to DVD/CD) 1 658-BBTVCyberlink Media Suite Essentials for Windows 10 and DVD drive (without 1 Media) 620-AAYW Windows 10 Pro OS Recovery 64bit - DVD 1 575-BBBI No Integrated Stand option 1 580-ADJC Dell KB216 Wired Multi-Media Keyboard English Black 1 275-BBBW Dell MS116 Wired Mouse, Black 1 634-BENZ No DDP|ESS Software1 954-3465No DDPE Encryption Software 1 817-BBBB No FGA1 210-AFGI OptiPlex 7040 Mini Tower XCTO 1 385-BBCR No Media Card Reader1 329-BCSE OptiPlex 7040 MT with 240W up to 85% efficient Power Supply (80Plus 1 Bronze) 555-BBKH No Bcom required 1 340-ARSTOptiPlex 7040 MT Placemat1 387-BBEZ ENERGY STAR Version 6.0 1 631-AASOIntel vPro Technology Enabled 1 555-BBFO No Wireless 1 555-BBFO No Wireless 1 800-BBIO Desktop BTO Standard shipment 1 401-AANH 2nd Hard Drive: not included 1 389-BHJVIntel Core i7 vPro Processor Label 1 332-1286US Order 1 329-BBJL TPM Enabled 1 340-AGIK Safety/Environment and Regulatory Guide (English/French/Dutch) 1 389-BCGW No UPC Label 1 461-AABFNo CompuTrace 1 551-BBBJ No Intel Responsive1 422-0008Dell Data Protection System Tools Digital Delivery/DT1 640-BBDF Adobe Reader 11 1 640-BBEV Dell Data Protection | Protected Workspace1 640-BBLW Dell(TM) Digital Delivery Cirrus Client 1 658-BBMQ Enable Low Power Mode1 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, 1 Firmware and Apps),OptiPlex 658-BBNH Waves Maxx Audio 1 658-BBVM MY DELL 1 658-BCUVDell Developed Recovery Environment1 450-AAOJ System Power Cord (Philipine/TH/US) 1 340-ARLY Resource DVD contains Diagnostics and Drivers, 7040 1 389-BHMP Reg Label, MT, MEX,EPA 1 817-BBBNNO RAID1 461-AABV No Accessories 1 340-ARRJ Shipping Material for System, Minitower, DAO 1 389-BBUUShipping Label for DAO 1 817-BBBC Not Selected in this Configuration 1 470-AAJL NO ADAPTER 1 989-3449Thank you choosing Dell ProSupport. For tech support, 1 visit http://support.dell.com/ProSupport or call 1-866-516-3115 997-6870Dell Limited Hardware Warranty Plus Service1 997-6895ProSupport: Next Business Day Onsite 3 Years 1 997-6915ProSupport: 7x24 Technical Support, 3 Years1 PCMG, Inc. Duns #: 12-936-5420 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151Tax ID #: 33-0964088 PRICE QUOTATION ACCOUNT MANAGERBILL TOQUOTE TOTAL:$8,800.00 Jason WillettS9906983 LYLE CAIN QUOTE NO: T:(800) 625-5468 x 38086 LYLE CAIN CITY OF LA PORTE ATTN: F:(310) 630-6518 71281315 604 W FAIRMONT PARKWAY ACCOUNT NO: jason.willett@pcmg.com T5810 OCT 16 LA PORTE, TX 77571 PROJECT/REF: 281-470-5033 QUOTE DATE:31-Oct-16 QUOTE EXPIRES:20-Nov-16 MFR NO. LNQTYMFRPCMG NO.DESCRIPTIONCONTRACTQUOTE PRICEEXT. PRICE 14DELL300000141DELL PRECISION T5810BuyBoard 498-15$2,200.00 $8,800.00 VIA:DS Ground SUBTOTAL: DELIVER TO:LA PORTE, TX 77571 $8,800.00 TAX:$0.00 FREIGHT:$0.00 TOTAL:$8,800.00 ORDERING INSTRUCTIONS / SPECIAL NOTES PLEASE REMIT PAYMENT TO: Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall'). P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Please *e-mail* (jason.willett@pcmg.com) or fax (310-630-6518 purchase order to 'Attn: JASON WILLETT. E-mail is preferred.File 55327 Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 Prices are subject to change without notice. PCMG, Inc. - Confidential10/31/2016 Page 1 of 1 T5810 Workstation 210-ACQM Dell Precision Tower 5810 XCTO Base1 338-BKDQIntel Xeon Processor E5-1620 v4 (4C, 3.5GHz, 3.8GHz Turbo, 1 2400MHz, 10MB, 140W) 412-AADM Heatsink for single CPU T5810 1 619-AHKNWin 10 Pro 64 English, French, Spanish 1 630-AAPKNo Productivity Software 1 340-AJFCKickstart Product Registration 1 422-0008 Dell Data Protection System Tools Digital Delivery/DT 1 525-BBCL SupportAssist 1 640-BBES Dell Precision Optimizer1 640-BBLW Dell(TM) Digital Delivery Cirrus Client 1 658-BBMQ Enable Low Power Mode 1 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, 1 Drivers, Firmware and Apps),OptiPlex 658-BCUV Dell Developed Recovery Environment 1 490-BCLMAMD FirePro W7100 8GB (4 DP) (3 DP to SL-DVI adapters) 1 387-BBBENo Energy Star 1 321-BCEQ Dell Precision Tower 5810 825W TPM, BW1 370-ACQV 32GB (4x8GB) 2400MHz DDR4 RDIMM ECC 1 634-BENZ No DDP|ESS Software 1 954-3465 No DDPE Encryption Software1 403-BBGV Integrated Intel AHCI chipset SATA controller (6 x 6.0Gb/s) - SW 1 RAID 0/1/5/10 449-BBEF C1 SATA 3.5 Inch, 1-2 Hard Drives 1 780-BBCJ Non RAID 1 400-AAWR500GB 3.5inch Serial ATA (7,200 Rpm) Hard Drive Fixed Precision 1 Workstation 401-AADFNo Additional Hard Drive1 401-AADFNo Additional Hard Drive1 401-AADFNo Additional Hard Drive1 411-XXXYBoot drive or boot volume is less than 2TB 1 429-AANU 8x Half-Height BD-RE Drive 1 658-BBTV Cyberlink Media Suite Essentials for Windows 10 and DVD drive 1 (without Media) 510-BBBWSound Card Not Included 1 520-AADM Internal Speaker 1 385-BBBL No Media Card Reader 1 555-BBJO No Additional Network Card Selected (Integrated NIC included) 1 817-BBBCNot Selected in this Configuration1 386-BBBENo Dell Tera2 Remote Access host card for the Wyse P25 Zero Client 1 631-AAID No Out-of-Band Systems Management1 650-AAAJ No Anti-Virus Software1 580-AADS Keyboard not included 1 570-AAAK Mouse not included 1 461-AABVNo Accessories 1 520-AABF No External Speaker 1 620-AALW OS-Windows Media Not Included1 637-AAAM No Dell Backup and Recovery software1 430-XXYU Resource DVD not Included1 340-AUKD Placemat Documentation 1 470-AAKG US 125V Power Cord1 461-AAABChassis Intrusion Switch 1 817-BBBBNo FGA 1 328-BBEO Shipping Material for System 1 340-AEYPSHIP,PWS,LNK,NO,NO,AMF1 389-BFFO MOD,LBL,REG,T5810,DAO 1 389-BFJRRegulatory Label1 389-BDCE No UPC Label 1 389-BBRO Intel Xeon Label 1 329-BBJLTPM Enabled 1 332-1286 US Order 1 340-AGIKSafety/Environment and Regulatory Guide (English/French/Dutch) 1 575-BBCHNo Stand included 1 989-3449 Thank you choosing Dell ProSupport. For tech support, 1 visit http://support.dell.com/ProSupportor call 1-866-516-3115 997-7163 Dell Limited Hardware Warranty Plus Service 1 997-7188 ProSupport: Next Business Day Onsite 3 Years1 997-7208 ProSupport: 7x24 Technical Support, 3 Years 1 PCMG, Inc. Duns #: 12-936-5420 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151Tax ID #: 33-0964088 PRICE QUOTATION ACCOUNT MANAGERBILL TOQUOTE TOTAL:$34,576.20 Jason WillettS9908180 LYLE CAIN QUOTE NO: T:(800) 625-5468 x 38086 LYLE CAIN CITY OF LA PORTE ATTN: F:(310) 630-6518 71281315 604 W FAIRMONT PARKWAY ACCOUNT NO: jason.willett@pcmg.com LAT 14 RUGGED ALT LA PORTE, TX 77571 PROJECT/REF: 281-470-5033 QUOTE DATE:31-Oct-16 QUOTE EXPIRES:20-Nov-16 MFR NO. LNQTYMFRPCMG NO.DESCRIPTIONCONTRACTQUOTE PRICEEXT. PRICE 112DELL30000014DELL LATITUDE 14 RUGGEDBuyBoard 498-15$2,881.35 $34,576.20 VIA:DS Ground SUBTOTAL: DELIVER TO:LA PORTE, TX 77571 $34,576.20 TAX:$0.00 FREIGHT:$0.00 TOTAL:$34,576.20 ORDERING INSTRUCTIONS / SPECIAL NOTES PLEASE REMIT PAYMENT TO: Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall'). P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Please *e-mail* (jason.willett@pcmg.com) or fax (310-630-6518 purchase order to 'Attn: JASON WILLETT. E-mail is preferred.File 55327 Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 Prices are subject to change without notice. PCMG, Inc. - Confidential10/31/2016 Page 1 of 1 Latitude 14 Rugged 338-BJIQ Intel Core i7-6600U Processor, Security, (Dual Core, 4M Cache, 2.60 GHz) 1 619-AHKNWin 10 Pro 64 English, French, Spanish 1 630-AARX No Software 1 570-AADK No Mouse1 580-ABYR Sealed Internal RGB Backlit US/International Keyboard 1 370-ACDF16GB (2x8GB) 2133MHz DDR4 Memory 1 340-AJPVTPM Enabled 1 490-BDCPIntel Integrated HD Graphics 520 1 400-ANBI256GB Solid State Drive1 429-AAGQ PowerDVD Software not included 1 555-BCMTIntel Dual Band Wireless 8260 (802.11ac) W/ Bluetooth 1 540-BBLW No PCMCIA Card or ExpressCard Reader1 429-AAYC Tray load DVD Drive (Reads and Writes to DVD/CD)1 340-ACQQ No Option Included 1 492-BBCU E5 90W AC Adapter, 3-pin1 362-BBBBNo Wireless WAN Card1 631-AAZE No Out-of-Band Systems Management 1 340-BICE Quick Setup Guide (English)1 391-BCRS 14.0" FHD(1920 x 1080 ) Outdoor-readable, Touch, with Microphone only 1 451-BBWF 6-cell (65Wh) Lithium Ion Battery With ExpressCharge1 634-BENZ No DDP|ESS Software1 954-3465 No DDPE Encryption Software 1 620-AAYWWindows 10 Pro OS Recovery 64bit - DVD 1 817-BBBBNo FGA1 210-AJRPLatitude 5414, XCTO 1 555-BCZHIntel Dual-Band Wireless-AC 8260 Driver1 450-AAEJ US Power Cord 1 340-AGIKSafety/Environment and Regulatory Guide (English/French/Dutch) 1 590-TEVW Docking connector for Rugged Docking Station only 1 332-1286 US Order 1 387-BBFE Energy Star 1 389-BDCE No UPC Label1 340-ACQQ No Option Included 1 340-AFRW ODM Info 1 340-BIRLShipping Material for Latitude 14 Rugged (5414) 1 389-BKKW Regulatory label 1 389-BJTI Intel Core i7 Processor Label 1 590-TEVT No Additional Serial Ports 1 800-BBGFBTO Standard shipment Air1 340-ADFZ Dell Power Manager 1 422-0007 Dell Data Protection Security Tools Digital Delivery/NB1 525-BBCL SupportAssist1 640-BBLW Dell(TM) Digital Delivery Cirrus Client1 640-BBQK System Driver, Dell Rugged Latitude 54141 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, 1 Firmware and Apps),OptiPlex 658-BBNF Waves Maxx Audio Royalty 1 658-BCUV Dell Developed Recovery Environment 1 389-BKNC Regulatory Label for Non Rubber Keyboard with WLAN 1 575-BBCHNo Stand included 1 460-BBEX No Carrying Case 1 808-6797 ProSupportPlus: Next Business Day Onsite, 3 Years1 808-6805 Dell Limited Hardware Warranty Initial Year 1 808-6817 ProSupport Plus: Accidental Damage Service, 3 Years 1 808-6818 ProSupport Plus: Keep Your Hard Drive, 3 Years1 808-6847 ProSupportPlus: 7X24 Technical Support, 3 Years1 997-8367 Thank you for choosing Dell ProSupport Plus. For tech support, 1 visit www.dell.com/contactdellor call 1-866-516-3115 452-BCGQ Latitude Rugged Display Port Desk Dock, Customer Kit 1 330-8105 Dell 90W Auto/Air DC Travel Adapter, Dell Latitude E/Mobile Precision 1 Workstation, Customer Kit PCMG, Inc. Duns #: 12-936-5420 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151Tax ID #: 33-0964088 PRICE QUOTATION ACCOUNT MANAGERBILL TOQUOTE TOTAL:$53,119.22 Jason WillettS9908195 LYLE CAIN QUOTE NO: T:(800) 625-5468 x 38086 LYLE CAIN CITY OF LA PORTE ATTN: F:(310) 630-6518 71281315 604 W FAIRMONT PARKWAY ACCOUNT NO: jason.willett@pcmg.com LAT E5570 ALT LA PORTE, TX 77571 PROJECT/REF: 281-470-5033 QUOTE DATE:31-Oct-16 QUOTE EXPIRES:20-Nov-16 MFR NO. LNQTYMFRPCMG NO.DESCRIPTIONCONTRACTQUOTE PRICEEXT. PRICE 134DELL30000014DELL LATITUDE E5570BuyBoard 498-15$1,562.33 $53,119.22 VIA:DS Ground SUBTOTAL: DELIVER TO:LA PORTE, TX 77571 $53,119.22 TAX:$0.00 FREIGHT:$0.00 TOTAL:$53,119.22 ORDERING INSTRUCTIONS / SPECIAL NOTES PLEASE REMIT PAYMENT TO: Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall'). P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Please *e-mail* (jason.willett@pcmg.com) or fax (310-630-6518 purchase order to 'Attn: JASON WILLETT. E-mail is preferred.File 55327 Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 Prices are subject to change without notice. PCMG, Inc. - Confidential10/31/2016 Page 1 of 1 Latitude E5570 379-BCGD 6th Generation Intel Core i7-6820HQ (Quad Core, 2.7GHz, 8MB 1 cache) 619-AHKNWin 10 Pro 64 English, French, Spanish 1 630-AAPKNo Productivity Software 1 210-AFUD Dell Latitude E5570 XCTO 1 580-ACLIInternal Dual Pointing Keyboard (US-English)1 583-BCTJInternal Keyboard Shroud 106, E55701 338-BHOZ Intel Core i7-6820HQ Processor Base, AMD Radeon R7 M370, 2GB 1 Discrete Graphics 631-AARP No Out-of-Band Systems Management1 389-BHGEIntel(R) Core(TM) i7 Label 1 370-ACDF16GB (2x8GB) 2133MHz DDR4 Memory 1 400-AIIU 500GB (7,200 Rpm) Serial ATA Hard Drive 1 575-BBFIHDD/SSD, Bracket for 7MM,PC15/P1 555-BCMTIntel Dual Band Wireless 8260 (802.11ac) W/ Bluetooth 1 555-BCNB Intel Wireless 8260 Driver1 409-BBFXIntel Rapid Storage Technology1 362-BBBBNo Wireless WAN Card 1 451-BBPV Primary 4-cell 62W/HR Battery 1 320-BBPU Non Touch WWAN HD/FHD LCD Backcover1 391-BCDJ Latitude E5570 FHD Non-Touch LCD w/o Camera 1 346-BBRQ Smart Card Reader (Dual Pointing) Palmrest1 340-ADFZ Dell Power Manager 1 340-AQCS System Shipment, Latitude E5570 1 422-0007 Dell Data Protection Security Tools Digital Delivery/NB 1 422-0052 SW,MY-DELL,CRRS 1 640-BBDFAdobe Reader 11 1 640-BBEVDell Data Protection | Protected Workspace 1 640-BBLW Dell(TM) Digital Delivery Cirrus Client 1 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, 1 Drivers, Firmware and Apps),OptiPlex 658-BBNF Waves Maxx Audio Royalty 1 658-BCUV Dell Developed Recovery Environment 1 430-XXYGNo Resource DVD 1 620-AAYWWindows 10 Pro OS Recovery 64bit -DVD 1 450-AAEJ US Power Cord1 450-AAYU 90 Watt AC Adaptor 1 387-BBKFEnergy Star 6.1 1 340-AGIKSafety/Environment and Regulatory Guide (English/French/Dutch) 1 340-ARKU Quick Reference Guide Latitude E55701 389-BEYY Regulatory Label included1 340-ACQQ No Option Included1 332-1286 US Order 1 389-BCGW No UPC Label 1 340-AAPP Directship Info Mod 1 340-AQJY MIX SHIP Config (DAO)1 800-BBGFBTO Standard shipment Air 1 452-BBSE No Docking Station 1 634-BENZ No DDP|ESS Software 1 954-3465 No DDPE Encryption Software1 460-BBEX No Carrying Case 1 570-AADK No Mouse 1 575-BBCHNo Stand included 1 817-BBBBNo FGA 1 452-BBDB Dell Docking Spacer for Latitude 1 975-3461 Dell Limited Hardware Warranty Extended Year(s) 1 989-3449 Thank you choosing Dell ProSupport. For tech support, 1 visit http://support.dell.com/ProSupportor call 1-866-516-3115 997-8317 Dell Limited Hardware Warranty 1 997-8344 ProSupport: 7x24 Technical Support, 3 Years 1 997-8349 ProSupport: Next Business Day Onsite, 1 Year 1 997-8354 ProSupport: Next Business Day Onsite, 2 Year Extended1 332-2657 E-Port Plus, 130W Advanced Por t Replicator, USB 3.0 for Lati tude 1 E-Family, ShpW,Customer K it REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016    Source of Funds:Source of Funds: Kenith AdcoxKenith Adcox Requested By:Requested By:    Account Number:Account Number: PolicePolice Department:Department:    Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance:    Amount Requested:Amount Requested:    Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Fiscal Year 2016 Chapter 59 Asset Fiscal Year 2016 Chapter 59 Asset Forfeiture Report By Law Enforcement Forfeiture Report By Law Enforcement Agency and Related Financial Records Back Agency and Related Financial Records Back Up SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), ““All law enforcement All law enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the commissioners court or governing body of a audit, which is to be performed annually by the commissioners court or governing body of a municipality, as appropriate.municipality, as appropriate.””                                                    In accordance with this requirement, a completed FY 2016 Chapter 59 Asset Forfeiture Audit Report By In accordance with this requirement, a completed FY 2016 Chapter 59 Asset Forfeiture Audit Report By Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a financial print out for all revenues and expenditures expenditures provided by the Finance Department, a financial print out for all revenues and expenditures reported under the state seizure project number (SZST) and copies of all expenditure receipts are reported under the state seizure project number (SZST) and copies of all expenditure receipts are attached for council review.attached for council review. Action Required of Council:Action Required of Council: Consider approval or other action to accept the FY 2016 audit/asset forfeiture report and associated Consider approval or other action to accept the FY 2016 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure.financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEM November 14, 2016 Appropriation Agenda Date Requested Matt Hartleib Source of Funds: Premiums Requested By Human Resources Account Number: various 014 accounts Department: Amount Budgeted: $820,051.00 Report Resolution: Ordinance: Amount Requested: $684,887.50 Exhibits: IPS Recommendation Presentation Budgeted Item: YES NO Exhibits: IPS Full Summary Report Exhibits: SUMMARY & RECOMMENDATION The City’s benefits consultants, IPS Advisors, initiated the RFP process on September 1, 2016 for th the City’s Medical, Pharmacy, Stop Loss, Vision, and Medicare coverage lines. On October 12, IPS met with City Staff to present an initial analysis of the response. Finalists were identified and Best and Final Offers (BAFO) were sought. Those BAFOs were presented to the Chapter 172 th committee and City staff by IPS on October 24. The committee had some follow-up questions for IPS to research and present back before a final recommendation could be reached. On October st 31, IPS presented additional information to the Committee. As a result of the RFP and BAFO processes, Chapter 172 unanimously recommends the following actions and seeks Council approval of same. Third Party Administration of Medical and Pharmacy Plans – Six proposals were received for the medical administration and six for the pharmacy benefit management. Recommended is the proposal received from the City’s current provider, Aetna, which reduces administrative costs and increases the share of Rx rebates the City retains, resulting in a total projected administrative cost savings of $84,588. Fund 014-6144-515.50-11 is budgeted at $217,500.00 and the proposed cost for this recommendation is $119,205.50 Stop Loss – Six proposals were received for Stop Loss coverage. Recommended is the proposal received from Partner RE which would result in a projected savings of $18,536 over the current plan with Highmark. Fund 014-6144-515.60-12 is budgeted for $392,711.00 and this option carries a cost of $381,419.00. Medicare – Three proposals were received for Medicare coverage. Recommended is the proposal received from Aetna which is the current provider. This recommendation will result in no change to our retirees coverage and no increase to City cost. Fund 014-6144-515.60-25 is budgeted for $209,840.00 and this recommended option carries a cost of $184,263.00 based on current member level. Vision – Six proposals were received for the vision coverage. The City’s current provider for the voluntary vision plan did not submit a proposal. Recommended is the proposal from Avesis, which includes benefits that closely match the current plan and a slight reduction in cost to participants. This voluntary plan is funded completely by premiums of participants and has no budgetary impact. Action Required by Council: Consider approval or other action to approve the recommendations of City staff and Chapter 172 committee for Medical, Pharmacy, Stop Loss, Medicare, and Vision benefits plans. Approved for City Council Agenda Corby Alexander, City Manager Date Corporate Benefits Consulting Where Experience and Insurance Planning Services Independence Matter Retirement Plan Consulting City of La Porte 2017 RFP Analysis Best and Final Results Brent A. Weegar, MBA John Heerwagen Brian Wilson Principal Employee Benefits Specialist Account Manager Nov. 14, 2016 10000 North Central Expressway, Suite 1100 Dallas, Texas 75231-2313 (214) 443-2400 Toll-Free: (800) 366-4779 www.ipsadvisors.com Table of Contents I.Recommendations II.RFP Vendor Response III.Vendor Selection Matrix - Finalists IV.Medical Plan V.Medicare Supplement Plan VI.Vision Plan Appendix 2017 Timeline I. Recommendations Recommendations Third Party Administration IPS completed a Request for Proposal for medical Third Party Administration, Stop Loss, and Pharmacy Benefit Manager as a part of the self-funded medical plan. IPS reviewed and scored all respondents based on the Vendor Selection Criteria outlined in this review. IPS took into consideration fixed costs, variable costs, plan design, network match, disruption, pharmacy rebates, network discounts, and out-of-network/shared savings programs. Based on all factors, The incumbent Third Party Administrator, Aetna, is providing a -20% decrease to administration fees. Aetna also increased RX Rebate share from 10% to 30%, providing an additional $38,456 in estimated rebates. The total savings for administration, including potential rebates, is approximately $84,588 under the current plan administration costs. Plan Design After reviewing the plan benefits and proposals based on the current benefit structure, IPS is not recommending any plan design changes for 2017. Recommendations Stop Loss SA Benefits / PartnerRE is providing the most competitive Stop Loss proposal, with a -5% reduction to both the Specific and Aggregate premiums SA Benefits / PartnerRE SA Benefits / PartnerRE SA Benefits / PartnerRE is providing a +7.96% increase to maximum claims liability SA Benefits / PartnerRE is providing an increase to Aggregate Contract Maximum from $1,000,000 to $2,000,000 IPS Advisors recommends contracting with PartnerRE for Stop Loss coverage Medicare Aetna provided a rate pass for the 2017 Medicare plan IPS recommends contracting with Aetna for the 2017 Medicare Supplement Plan Vision The incumbent, Superior Vision, did not respond the RFP IPS recommends contracting with Avesis for a -5% decrease to total plan cost. Avesis offers the most competitive network match and benefits package Avesis is offering a three year rate guarantee II. RFP Vendor Response RFP Vendor Response Third Party Administrators Stop Loss Aetna Incumbent/Finalist Aetna Not Competitive Cigna Finalist BCBSTX Finalist BCBSTX Finalist CIGNA Finalist HealthSmart Not Competitive Stealth: BMA Not Competitive AIG - Declined United Healthcare - Finalist Berkley Not Competitive Continental Benefits Did not quote Guardian Not Competitive Web TPA Did not quote HIIG - Declined Highmark - Incumbent/Finalist RSLI - Declined Sunlife - Declined Pharmacy Benefit Manager Symetra - Declined Aetna Incumbent/Finalist Swiss Re Not Competitive Cigna - Finalist Voya - Declined Optum Rx - Finalist SA Benefits: Prism BM Not Competitive TRU / Transamerica Not Prime Presented Competitive You Serve RX Not Competitive PartnerRE Finalist Caremark No Response MRM / Transamerica Not Express Scripts Declined Competitive MedTrakRx - Declined United Healthcare Finalist RFP Vendor Response Vision Fully Insured Medicare Cigna Not Competitive Aetna Incumbent/Finalist Aetna - Finalist BCBSTX - Finalist Davis Vision Finalist United Healthcare Finalist Ameritas Did not quote Hartford Declined MetLife - Finalist TAGCO Did not quote Avesis - Finalist Cigna Did not quote Superior Vision Incumbent/Did not respond Humana Did not quote Eyemed Not Competitive NVA - Did not quote VSP - Did not quote Humana Did not quote Eyetopia Not Competitive United Healthcare III. Vendor Selection Matrix - Finalists Vendor Selection Matrix TPA Recommendation UNITED TPA AETNA CIGNA BCBSTX HEALTHCARE Cost (30%) 30 28 27 28 Cost Containment (20%) 20 20 20 20 Population Health 18 18 18 17 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 9 Integrated Systems/Technology 9 9 9 8 Initiative (10%) References /Past Performance 5 4 4 3 (5%) Total 97 94 93 90 Vendor Selection Matrix PBM Recommendation PBM AETNA CIGNA OPTUM RX PRIME Cost (30%) 29 27 28 28 Cost Containment (20%) 20 20 20 20 Population Health 20 20 20 20 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 9 Integrated Systems/Technology 10 10 10 10 Initiative (10%) References /Past Performance 5 4 4 3 (5%) Total 99 96 97 95 Vendor Selection Matrix Stop Loss Recommendation SA BENEFITS UNITED STOP-LOSS CIGNA BCBSTX STEALTH / HEALTHCARE PARTNERRE Cost (30%) 25 25 24 26 29 Cost Containment (20%) 19 19 19 19 19 Population Health Management 20 20 20 20 20 Programs (20%) Communication (5%) 5 5 5 5 5 Claims Processing (10%) 10 10 10 10 10 Integrated Systems/Technology 10 10 10 10 10 Initiative (10%) References /Past Performance 5 5 4 5 5 (5%) Total 94 94 92 95 98 Vendor Selection Matrix Medicare Supp. Recommendation UNITED MEDICARE AETNA BCBSTX HEALTHCARE Cost (30%) 29 25 27 Cost Containment (20%) 19 19 19 Population Health Management 20 20 20 Programs (20%) Communication (5%) 5 5 4 Claims Processing (10%) 10 10 10 Integrated Systems/Technology 10 10 10 Initiative (10%) References /Past Performance (5%) 5 4 4 Total 98 93 94 Vendor Selection Matrix Vision Recommendation VISION METLIFE AVESIS DAVIS VISION AETNA Cost (30%) 25 28 25 26 Cost Containment (20%) 18 19 19 18 Population Health 20 20 20 20 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 10 Integrated Systems/Technology 10 10 10 10 Initiative (10%) References /Past Performance 4 4 4 5 (5%) Total 92 96 93 94 IV. Medical Plan Medical Plan Recommendation Current Proposed TPA: Aetna Aetna STOP LOSS CARRIER: Stealth / Highmark SA Benefits / PartnerRE PBM Aetna Aetna PPO: Aetna Aetna SPECIFIC STOP LOSS DEDUCTIBLE: $165,000 $165,000 SPECIFIC MONTHLY TOTAL $31,925 $30,380 SPECIFIC ANNUAL TOTAL $383,096 $364,560 AGGREGATE MONTHLY TOTAL $1,483 $1,405 AGGREGATE ANNUAL TOTAL $17,798 $16,859 Annual Stop Loss Fixed Costs $400,894 $381,420 Medical Administration (PEPM) $43.56 $34.85 Rx Administration (PEPM) Included Included Rx Rebate Credit / Estimated Rebates (PEPM) ($3.27) ($11.67) Medical Network Access Fee (PEPM) Included Included Third Party Stop Loss Integration (Flat Fee) $4,600.00 $4,600.00 Utilization Review (PEPM) Included Included Large Case Management (PEPM) Included Included Disease/Maternity Management (PEPM) Included Included ADIMINISTRATION MONTHLY TOTAL $16,983 $9,934 ADMINISTRATION ANNUAL TOTAL $203,794 $119,206 FIXED COSTS MONTHLY TOTAL $50,391 $41,719 FIXED COSTS ANNUAL TOTAL $604,688 $500,625 MEDICAL CALCULATIONS BASED ON: EMPLOYEE ENROLLMENT 143 DEPENDENT ENROLLMENT 269 TOTAL ENROLLMENT 412 V. Medicare Supplement Plan Medicare Supplement Plan City of La Porte Post-65 Retiree Plan Recommendation MEDICARE Aetna Aetna SUPPLEMENT RATES Current Proposed Renewal PARTICIPATION Current Proposed Renewal Total Medicare Eligible 57 57 Members FINANCIALS Current Proposed Renewal Total Rate $269.39 $269.39 Monthly Premium $15,355 $15,355 Annual Premium $184,263 $184,263 $ Change from Current N/A $0 % Change from Current N/A 0% VI. Vision Plan Vision Plan Recommendation VISION BENEFITS Superior Vision Avesis Current Proposed Annual Eye Exam Network $10 Copay $10 Copay Materials Co-Pay $25 Copay $25 Copay Frames / Lenses* Single Vision - Network/Non-Network Covered in full / Up to $25 Reim. Covered in full / Up to $40 Reim. Retail Frame Allowance - Network/Non- Up to $175 Up to $70 Reim. $65 Wholesale Allowance / Up to $65 Network Contacts $25 Copay up to $200 Allowance $175 Allowance Elective Up to $200 Up to 25% off plus $150 allowance Lasik Benefit Exam Frequency 12 months 12 months Lens Frequency 12 months 12 months Frames Frequency 24 months 24 months FINANCIALS CURRENT RATES Employee Only $6.45 $6.02 Employee + 1 $11.20 $10.64 Employee & Family $16.48 $15.78 Monthly Premium $2,860.80 $2,719.84 Annual Premium $34,329.60 $32,638.08 $ Change from Current n/a -$1,691.52 % Change from Current n/a -5% Rate Guarantee n/a 3 Years Note: This is a brief summary and not intended Failed to respond to RFP to be a contract. 2017 Timeline January August Year End Recap Meeting Present Preliminary RFP Results to City BAFO Presentation for All Lines except Stop Loss Finalize Plan Designs / Rate Structures March/April Reconcile Budget Plan Analysis Review Claims Update Benchmarking Updates September Utilization Review Plan Design and Contribution Strategy Presentations of Recommendations to Council Preliminary Recommendations Begin Vendor Implementations Finalize Budget Time Line Complete Applications May October Draft RFP to City BAFO due for Stop Loss Continue Vendor Implementations Finalize and Bind Stop Loss Rates June Begin Open Enrollment Mid-Year Review Finalize Preliminary Budget with Finance November Release RFP Continue Vendor Implementations Complete Open Enrollment July December Renewals Due RFP Opening Release ID Cards Finalize Vendor Implementation System Testing Corporate Benefits Consulting Where Experience and Insurance Planning Services Independence Matter Retirement Plan Consulting City of La Porte 2017 RFP Analysis Best and Final Results Brent A. Weegar, MBA John Heerwagen Brian Wilson Principal Employee Benefits Specialist Account Manager October 24, 2016 10000 North Central Expressway, Suite 1100 Dallas, Texas 75231-2313 (214) 443-2400 Toll-Free: (800) 366-4779 www.ipsadvisors.com Table of Contents I.RFP Vendor Response II.Medical BAFO Results III.Vision BAFO Results IV.Medicare BAFO Results V.Vendor Selection Matrix VI.Summary and Recommendations Appendix 2017 Timeline 1 I. RFP Vendor Response 2 RFP Vendor Response Third Party Administrators Stop Loss Aetna Incumbent/Finalist Aetna Not Competitive Cigna Finalist BCBSTX Finalist BCBSTX Finalist CIGNA Finalist HealthSmart Not Competitive Stealth: BMA Not Competitive AIG - Declined United Healthcare - Finalist Berkley Not Competitive Continental Benefits Did not quote Guardian Not Competitive Web TPA Did not quote HIIG - Declined Highmark - Incumbent/Finalist RSLI - Declined Sunlife - Declined Pharmacy Benefit Manager Symetra - Declined Aetna Incumbent/Finalist Swiss Re Not Competitive Cigna - Finalist Voya - Declined Optum Rx - Finalist SA Benefits: Prism BM Not Competitive TRU / Transamerica Not Prime Presented Competitive You Serve RX Not Competitive PartnerRE Finalist Caremark No Response MRM / Transamerica Not Express Scripts Declined Competitive MedTrakRx - Declined United Healthcare Finalist 3 RFP Vendor Response Vision Fully Insured Medicare Cigna Not Competitive Aetna Incumbent/Finalist Aetna - Finalist BCBSTX - Finalist Davis Vision Finalist United Healthcare Finalist Ameritas Did not quote Hartford Declined MetLife - Finalist TAGCO Did not quote Avesis - Finalist Cigna Did not quote Superior Vision Incumbent/Did not respond Humana Did not quote Eyemed Not Competitive NVA - Did not quote VSP - Did not quote Humana Did not quote Eyetopia Not Competitive United Healthcare 4 II. Medical RFP Results 5 CITYOFLAPORTE PARTIALSELFFUNDINGPROPOSALANALYSIS165KSpec Recommendation CurrentBAFORenewalProposedProposedProposedProposed TPA:AetnaAetnaAetnaCignaUHCBCBSTX STOPLOSSCARRIER:Stealth/HighmarkStealth/HighmarkSABenefits/PartnerRESABenefits/PartnerRESABenefits/PartnerRESABenefits/PartnerRE PBMAetnaAetnaAetnaCignaOptumRXPrime PPO:AetnaAetnaAetnaOpenAccessPlusChoice+BlueChoicePPO SPECIFICSTOPLOSSDEDUCTIBLE:$165,000$165,000$165,000$165,000$165,000$165,000 SPECIFICSTOPLOSSLIFETIMEMAXIMUM:UnlimitedUnlimitedUnlimitedUnlimitedUnlimitedUnlimited SPECIFICSTOPLOSSANNUALMAXIMUMUnlimitedUnlimitedUnlimitedUnlimitedUnlimitedUnlimited SPECIFICCONTRACT:24/12(M,Rx)Paid(M,Rx)24/12(M,Rx)24/12(M,Rx)24/12(M,Rx)24/12(M,Rx) AGGREGATECONTRACTCORRIDOR:125%125%125%125%125%125% AGGREGATECONTRACTMAXIMUM:$1,000,000$1,000,000$2,000,000$2,000,000$2,000,000$2,000,000 AGGREGATECONTRACT:24/12(M,Rx)Paid(M,Rx)24/12(M,Rx)24/12(M,Rx)24/12(M,Rx)24/12(M,Rx) SPECIFICPREMIUM:Employee$39.37$44.74$37.88$37.88$37.88$37.88 Dependents$97.75$113.97$92.80$92.80$92.80$92.80 SPECIFICMONTHLYTOTAL$31,925$37,056$30,380$30,380$30,380$30,380 SPECIFICANNUALTOTAL$383,096$444,669$364,560$364,560$364,560$364,560 AGGREGATEPREMIUM(PerEmployee):$3.60$3.81$3.41$3.41$3.41$6.92 AGGREGATEMONTHLYTOTAL$1,483$1,570$1,405$1,405$1,405$2,851 AGGREGATEANNUALTOTAL$17,798$18,837$16,859$16,859$16,859$34,212 AGGREGATESTOPLOSSFACTOR: Employee$762.38$812.86$809.30$809.30$809.30$812.86 AdditionalforFamily$1,829.71$1,950.86$1,982.78$1,982.78$1,982.78$1,950.86 MonthlyAggregateAccumulation$601,212$641,020$649,098$649,098$649,098$641,020 AnnualAggregateAccumulation$7,214,548$7,692,244$7,789,173$7,789,173$7,789,173$7,692,244 ProjectedClaimsCarrier$5,771,638$6,153,795$6,231,338$6,231,338$6,231,338$6,153,795 MedicalAdministration(PEPM)$43.56$34.85$34.85$29.96$59.55$59.62 RxAdministration(PEPM)IncludedIncludedIncludedIncluded$0.79Included RxRebateCredit/EstimatedRebates(PEPM)($3.27)($11.67)($11.67)($11.31)($25.99)($33.23) MedicalNetworkAccessFee(PEPM)IncludedIncludedIncludedIncludedIncludedIncluded ThirdPartyStopLossIntegration(FlatFee)$4,600.00$4,600.00$4,600.00$0.95$1.00$2,500.00 UtilizationReview(PEPM)IncludedIncludedIncludedIncludedIncludedIncluded LargeCaseManagement(PEPM)IncludedIncludedIncludedIncludedIncludedIncluded Disease/MaternityManagement(PEPM)IncludedIncludedIncludedIncludedIncludedIncluded ADIMINISTRATIONMONTHLYTOTAL$16,983$9,934$9,934$8,074$14,566$11,081 ADMINISTRATIONANNUALTOTAL$203,794$119,206$119,206$96,885$174,795$132,972 FIXEDCOSTSMONTHLYTOTAL$50,391$48,559$41,719$39,859$46,351$44,312 FIXEDCOSTSANNUALTOTAL$604,688$582,711$500,625$478,305$556,214$531,745 ESTIMATEDRESERVEFUNDING$0$0$0$0$0$0 ESTIMATEDFEECREDITS/ALLOWANCES$0$0$0($75,000)($25,000)($5,000) PROJECTEDRUNOUTADMINCOST(3MONTHS)$0$0$0$0$0$0 PROJECTEDCOSTOFLASERS$0$0$0$0$0$0 MAXIMUMMONTHLYFUNDING$651,603.00$689,580$690,816$695,206.45$697,532$685,749 MAXIMUMANNUALFUNDING$7,819,236$8,274,955$8,289,798$8,342,477$8,370,387$8,228,989 PERCENTAGEFROMCURRENTn/a5.8%6.0%6.7%7.0%5.2% DOLLARCHANGEFROMCURRENTn/a$455,719$470,562$523,241$551,151$409,753 EXPECTEDMONTHLYMONTHLYFUNDING$531,361$561,376$560,997$552,886.90$563,546$556,712 EXPECTEDANNUALFUNDING$6,376,326$6,736,506$6,731,963$6,634,643$6,762,552$6,680,540 PERCENTAGEFROMCURRENTn/a5.6%5.6%4.1%6.1%4.8% DOLLARCHANGEFROMCURRENTn/a$360,180$355,637$258,316$386,226$304,214 MEDICALCALCULATIONSBASEDON: EMPLOYEEENROLLMENT143 DEPENDENTENROLLMENT269 TOTALENROLLMENT412 6 CITYOFLAPORTE PARTIALSELFFUNDINGPROPOSALANALYSIS165KSpec CurrentBAFORenewalProposedProposedProposedProposed TPA:AetnaAetnaAetnaCignaUHCBCBSTX FirmRatesthrough11/18 StopLossBestandFinalFinalFirmRatesthrough11/18FirmRatesthrough11/18FirmRatesthrough11/18FirmRatesthrough11/18 LasersNoNewLaserContractNoLaserNoLaserNoLaserNoLaserNoLaser NoRateCap AggregateRunInLimit$1,080,261n/a$944,997$944,997$905,493SpecDed. MinimumAttachmentPoint$6,751,631$6,153,795$7,559,979$7,559,979$7,559,979$6,229,859 RXRebatesPaidQuarterlyPaidQuarterlyPaidQuarterlyPaidQuarterlyPaidQuarterlyN/A AdministrationGuaranteesn/a+3%Yr2;+3%Yr3+3%Yr2;+3%Yr30%Yr2,0%Yr30%Yr2,0%Yr3+3%Yr2;+3%Yr3 Allowances/CreditsNoneNone$25,000Wellness/Tranistion$10,000WellnessCredit$5,000WellnessCredit Credit$15,000ImplementationCredit $50,000ASOfeeholiday Notes/CaveatsSLIncludesPre65RetireesSLIncludesPre65RetireesSLIncludesPre65RetireesSLIncludesPre65RetireesSLIncludesPre65RetireesSLIncludesPre65Retirees $16,158RXrebatebasedon24PerformanceGuaranteestotalPerformanceGuaranteestotalASLRateisCompositeAdminFeeisCompositeRXRebateisintheformofan monthsRXRebatesreceived10%ofMaximumFees10%ofMaximumFees24/7CustomerServiceSharedSavings35%AdminCredit OONPaid:140%ofMedicareEstimatedRXRebateEstimatedRXRebateOONPaid140%ofMedicare$46,000PerformanceGuar. RXRebate=10%providedbyAetnaprovidedbyAetna$15,000inPerf.Guarantees RXRebates=30% OONPaid:140%ofMedicareOONPaid:140%ofMedicare AdminFeeisacompositerateAdminFeeisacompositerate ActualAdminRateisasfollows:ActualAdminRateisasfollows: ChoicePOSII=$43.06ChoicePOSII=$34.38 AHFChoicePOSII=$44.02AHFChoicePOSII=$35.34 SharedSavings/NAP1/1/16 6/30/16=$126,775.83 7 CITYOFLAPORTE TPACOMPARISON FinalistFinalistFinalistFinalist TPACOMPARISONAetnaAetnaCignaUnitedHealthcareBCBSTX CurrentProposedProposedProposedProposed MedicalAdministrationFee(pepm)$43.56$34.85$29.96$59.55$59.62 RxAdministrationFee(pepm)$0.00$0.00$0.00$0.79$0.00 TOTALAdministrationFees(pepm)$43.56$34.85$29.96$60.34$59.62 PPOAccess(pepm)$0.00$0.00$0.00$0.00$0.00 ACOAccess(pepm)n/an/an/an/an/a UtilizationReview(pepm)$0.00$0.00$0.00$0.00$0.00 DiseaseManagement$0.00$0.00$0.00$0.00$0.00 RxRebates/AdminCredit($3.27)($11.67)($11.31)($25.99)($33.23) TOTALManagedCareFees(pepm)($3.27)($11.67)($11.31)($25.99)($33.23) TOTALMonthlyFee(pepm)$40.29$23.18$18.65$34.35$26.39 TOTALMonthlyFee(pepm)$16,599$9,550$7,682$14,152$10,873 TOTALAnnualFee(pepm)$199,194$114,606$92,188.40$169,826$130,472 $ChangeFromCurrent n/a($84,588)($107,005)($29,367)($68,722) %ChangeFromCurrent n/a42%54%15%34% RateGuarantee n/a+3%Yr2;+3%Yr30%Yr2;0%Yr30%Yr2;0%Yr3+3%Yr2;+3%Yr3 AnnualGeneralServices/RenewalFee NoneNoneNoneNoneNone InstallationFee NoneNoneNoneNoneNone RunInAdministrationFee IncludedIncludedNotIncludedNotIncludedNotIncluded RunOutAdministrationFee IncludedIncludedNotIncludedNotIncluded$22.20 RunIn/OutLimitation 1Year1YearNotIncludedNotIncludedNotIncluded FudiciaryResponsibility IncludedIncludedIncludedIncludedIncluded Subrogation 30%ofSavings30%ofSavings30%ofSavings30%ofSavings25%ofSavings $4,600peryear(12monthsof$4,600peryear(12 ThirdPartyStopLoss$0.95PEPM$1.00PEPM$2,500 reporting)monthsofreporting) RXDispensingFee$1.30$1.20$1.40$1.19$0.90 LargeCaseManagement IncludedIncludedIncludedIncludedIncluded NurseLine IncludedIncludedIncludedIncludedIncluded OutofnetworkClaimsNegotiation 50%ofAttainedSavings50%ofAttainedSavings29%ofSavings35%ofSavingsIncluded MaternityProgram IncludedIncludedIncludedIncludedIncluded NurseLine IncludedIncludedIncludedIncludedIncluded 4.37(miminumbilling= COBRA/HIPAA 4.37(miminumbilling=$150)$0.60$0.55$0.60 $150) CostofCareEstimator IncludedIncludedIncludedIncludedIncluded Included;PrintingisaddtlIncluded;PrintingisaddtlIncluded;PrintingisaddtlIncluded;Printingisaddtl SPD/PlanDocPrinting Included;Printingisaddtlcost costcostcostcost IDCards IncludedIncludedIncludedIncludedIncluded PPODirectories IncludedIncludedIncludedIncludedIncluded Reports StandardStandardStandardStandardStandard ElectronicEnrollment NotIncludedNotIncludedNotIncludedNotIncludedNotIncluded EmployerOnlineAccess IncludedIncludedIncludedIncludedIncluded EmployeeOnlineAccess IncludedIncludedIncludedIncludedIncluded PerformanceGuarantees 7%ofAdminFeesatRisk10%ofAdminFeesatRisk$15,000$46,000NotIncluded 8 NOTE:Thisisabriefsummaryandisnotintendedtobeacontract. CityofLaPorte PartialSelfInsuredPBMComparison FINALISTFINALISTFINALISTFINALIST Carrier/TPAAetnaCignaUnitedHealthcareBCBSTX PharmacyBenefitManagerAetnaCignaOptumRxPrime StartUpCosts n/an/an/an/a AdministrationFee $0.00$0.00$0.79pepm$0.00 DispensingFee Retail$1.20$1.40$1.19$0.90 MailOrder$0.00$0.00$0.00$0.00 AverageDrugCosts BrandRetail AWP15.0%AWP19.10%AWP18.4%AWP16.9% BrandRetail90 n/an/an/an/a BrandMail AWP21.0%AWP22.0%AWP21.1%AWP20.5% GenericRetail AWP66.0%AWP77.0%AWP72.7%AWP79.05% GenericRetail90 n/an/an/an/a GenericMail AWP73.0%AWP80.0%AWP75.7%AWP81.95% Speciality AWP13.50%AWP10.5%AWPnotprovidedAWPnotprovided ClaimsCost Electric IncludedIncludedIncludedIncluded Paper IncludedIncludedIncludedIncluded DrugUtilizationReview IncludedIncludedIncludedIncluded PriorAuthorizations NonClinical IncludedIncludedIncludedIncluded Clinical IncludedIncludedIncludedIncluded FormularyRebates(Minimum) PerRetail 10%$31.43$93.90n/a PerRetail90 10%$90.30$0.00n/a PerMail 10%$174.39$183.60n/a EstimatedRebateValue$11.67PEPM$11.31PEPM$25.99PEPM$33.23PEPM Retail90Pro gram AvailableAvailableAvailableNotAvailable PharmacyDiscountsGuaranteed NotStatedYesYesYes FormularyDisruption NegativeDisruption2.7%13.3%wĻƨǒĻƭƷĻķ NoDisruption84.6%76.4%wĻƨǒĻƭƷĻķ PositiveDisruption11.3%10.3%wĻƨǒĻƭƷĻķ NETWORK GeoAccessMatch 99.4%98.6%99.0%bƚƷtƩƚǝźķĻķ (2Providersin10mi.) AverageDrugIngredientCost $148.67$152.50$143.85$145.10 Repricing $16,986$18,739$16,023$14,281 DispensingFee $2,080,905$2,135,744$2,012,949$2,028,559 RepricedTotalCost=24,567Drugs 6$0 $0$0$3,90 AdminFees n/a$54,839$67,956$52,346 $Change n/a2.6%3.3%2.5% %Change NegativeDisruption=NegativeDisruption=23.6% 9 12.65%ofmembersofmembers City of La Porte Partial Self Insured Network Comparison AetnaCignaUnitedHealthcareBCBSTX MEDICALNETWORKGEOACCESSPOSIIOpenAccessPlusUHCChoice+BlueChoice 2PrimaryCarePhysicianswithin10miles99.6%100.0%99.6%98.8% 2Specialistswithin10miles99.4%100.0%99,6%97.0% 1Hospitalin10Miles99.6%99.8%99.2%97.8% NETWORKDISRUPTIONPOSIIOpenAccessPlusUHCChoice+BlueChoice %ofAllPaidClaimsInNetwork78.0%82.0%97.7%87.9% NETWORKDISRUPTIONPOSIIOpenAccessPlusUHCChoice+BlueChoice MedicalNetworkDiscount 65.0%59.5%58.4%bƚƷtƩƚǝźķĻķ PRESCRIPTIONNETWORKAetnaCignaOptumRXPrime GeoAccess(2Pharmacieswithin10miles)99.4%99.0%99.0%bƚƷtƩƚǝźķĻķ RXFORMULARYDISRUPTONAetnaCignaOptumRXPrime NegativeDisruption2.7%13.3%11.8% NoDisruption84.6%76.4%87.2% PositiveDisruption11.3%10.3%0.9% %ofPaidClaimsInNetworkMedicalDiscountBasedonMedicalDiscountBasedon%ofPaidClaimsInNetwork Notes: basedonJan2016June2016AllowedChargesandAllowedCharges;%ofpaidbasedonTop100Providers andFacilities Network/Carrierclaimsinnetworkincludes AssumptionsOONSSP 10 CITY OF LA PORTE RENEWAL PLAN PROPOSALS - FINALISTS CURRENTPLANDESIGNPROPOSEDPLANDESIGN PPO500HealthFund1000HealthFund1500PPO500HealthFund1000HealthFund1500 MEDICALBENEFITSAetnaAetnaAetnaCignaCignaCigna ChoicePOSIIChoicePOSIIChoicePOSIIOpenAccessPlusHRAOpenAccessPlusHRAOpenAccessPlus CurrentCurrentCurrentProposedProposedProposed Deductible EmbeddedDeductibleEmbeddedDeductibleEmbeddedDeductibleEmbeddedDeductibleEmbeddedDeductibleEmbeddedDeductible InNetwork$500Ind./$1,500Fam.$1,000Ind./$3,000Fam.$1,500Ind./$4,500Fam.$500Ind./$1,500Fam.$1,000Ind./$3,000Fam.$1,500Ind./$4,500Fam. NonNetwork$1,000Ind./$3,000Fam.$2,000Ind./$6,000Fam.$3,000Ind./$9,000Fam.$1,000Ind./$3,000Fam.$2,000Ind./$6,000Fam.$3,000Ind./$9,000Fam. OutOfPocketMax IncludesDed./Coins./IncludesDed./Coins./RXIncludesDed./Coins./RXIncludesDed./Coins./IncludesDed./Coins./RXIncludesDed./Coins./RX CopaysCopaysCopaysCopaysCopaysCopays InNetwork$3,500Ind./$10,500Fam.$3,000Ind./$9,000Fam.$4,200Ind./$12,600Fam.$3,500Ind./$10,500Fam.$3,000Ind./$9,000Fam.$4,200Ind./$12,600Fam. NonNetwork$7,000Ind./$21,000Fam.$6,000Ind./$18,000Fam.$9,000Ind./$27,000Fam.$7,000Ind./$21,000Fam.$6,000Ind./$18,000Fam.$9,000Ind./$27,000Fam. MaxOOP(Medical&Rx) Coinsurance InNetwork20%20%20%20%20%20% NonNetwork50%50%50%50%50%50% LifetimeMax UnlimitedUnlimitedUnlimitedUnlimitedUnlimitedUnlimited EmergencyRoom InNetwork$150CopayDed./20%Ded./20%$150CopayDed./20%Ded./20% NonNetwork$150CopayDed./20%Ded./20%$150CopayDed./20%Ded./20% Ambulance InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% UrgentCare InNetwork$40CopayDed./20%Ded./20%$40CopayDed./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% PhysicianOfficeVisit InNetwork$25CopayDed./20%Ded./20%$25CopayDed./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% SpecialistOfficeVisit InNetwork$40CopayDed./20%Ded./20%$40CopayDed./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% SpinalManipulationTherapy Maximum20Visits/YearMaximum20Visits/Year InNetwork$40CopayDed./20%Ded./20%$40CopayDed./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% PreventiveCare InNetwork$0NoCostSharingDed./20%Ded./20%$0NoCostSharing$0NoCostSharing$0NoCostSharing NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% RoutineHearingExam InNetwork$0NoCostSharingDed./20%Ded./20%$0NoCostSharing$0NoCostSharing$0NoCostSharing NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% BasicLab&Radiology InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% MajorLab&Radiology(MRI/CT/ PET) InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% InPatientHospital InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% OutpatientSurgery InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% RehabilitativeTherapyPT/OT/ST Maximum60visits/yearMaximum60visits/yearMaximum60visits/yearMaximum60visits/yearMaximum60visits/yearMaximum60visits/year InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% InpatientMH/SA InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% OutpatientMH/SA InNetwork$40CopayDed./20%Ded./20%$40CopayDed./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% HomeHealthCare Maximum120VisitsMaximum120Visits InNetworkDed./20%Ded./20%Ded./20%Ded./20%Ded./20%Ded./20% NonNetworkDed./50%Ded./50%Ded./50%Ded./50%Ded./50%Ded./50% Prescriptions NetworkRetailPharmacy$10/$30/$60$10/$30/$60$10/$30/$60$10/$30/$60$10/$30/$60$10/$30/$60 NetworkMailOrder$20/$60/$120$20/$60/$120$20/$60/$120$20/$60/$120$20/$60/$120$20/$60/$120 SpecialtyRX20%ofthenego.Charge,20%ofthenego.Charge,20%ofthenego.Charge,not20%ofthenego.Charge,20%ofthenego.Charge,20%ofthenego.Charge,not nottoexceed$100nottoexceed$100toexceed$100nottoexceed$100nottoexceed$100toexceed$100 PreventiveGenerics$0Copay$0Copay$0Copay$0Copay$0Copay$0Copay StepTherapy/MandatoryGenericDAWDAWDAWGenericIncentiveGenericIncentiveGenericIncentive *InNetworkandOutofNetwork*InNetworkandOutofNetwork*InNetworkandOutofNetwork*InNetworkandOutofNetwork*InNetworkandOutofNetwork*InNetworkandOutofNetwork DeductiblesCrossAccumulateDeductiblesCrossAccumulateDeductiblesCrossAccumulateDeductiblesDONOTCrossAccumulateDeductiblesDONOTCrossAccumulateDeductiblesDONOTCrossAccumulate 11 III. Vision RFP Results 12 CityofLaPorte VisionRFPAnalysis FINALISTFINALISTFINALISTFINALIST VISIONBENEFITSSuperiorVisionAetnaDavisAvesisMetLife CurrentProposedProposedProposedProposed AnnualEyeExam Network$10Copay$10Copay$10Copay$10Copay$10Copay NonNetworkUpto$35Reim.Upto$25Reim.$40Allowance$45Allowance$45Allowance MaterialsCoPay$25Copay$10Copay$25Copay$25Copay$25Copay Frames/Lenses* SingleVisionNetwork/NonNetworkCoveredinfull/Upto$25Reim.Coveredinfull/Upto$20Reim.Coveredinfull/Upto$40Reim.Coveredinfull/Upto$40Reim.Coveredinfull/Upto$30Reim. Coveredinfull/Upto$40Reim.Coveredinfull/Upto$40Reim.Coveredinfull/Upto$60Reim.Coveredinfull/Upto$60Reim.Coveredinfull/Upto$50Reim. BifocalLensesNetwork/NonNetwork Coveredinfull/Upto$45Reim.Coveredinfull/Upto$65Reim.Coveredinfull/Upto$80Reim.Coveredinfull/Upto$80Reim.Coveredinfull/Upto$60Reim. TrifocalLensesNetwork/NonNetwork Premium$95$105Copay;Custom:$150 CoveredinFull/Upto$75Reim.$75Copay/Upto$40Reim.$25Copay/Upto$60Reim.Coveredinfull/Upto$60Reim. $175Copay/Upto$50Reim. ProgressiveLensesNetwork/NonNetwork $150Allowance,20%offbalanceoverallowance$200Allowance,20%offdiscount/Upto Upto$175Upto$70Reim.Upto$175allowance$65WholesaleAllowance/Upto$65 RetailFrameAllowanceNetwork/NonNetwork /Upto$65Reim.$70Reim. Contacts Network MedicalNecessaryCoveredinFullCoveredinfullCoveredinFullCoveredinFull$200Allowance $25Copayupto$200Allowance$150Allowance,15%offbalanceoverallowance.$200Allowance$175AllowanceCoveredinfullafterCopay Elective NonNetwork MedicalNecessary$150AllowanceUpto$200Reim.$225Allowance$250Allowance$210Allowance $80AllowanceUpto$105Reim.$105Allowance$150Allowance$105Allowance Elective Coveredinfullwithmax.copayof$60/ Includedincontactlenseallowance$40Copay/NotCoveredIncludedincontactlenseallowanceIncludedincontactlenseallowance appliestocontactlenseallowance StandardContactLenseFittingFee Upto$20015%offretailpriceor5%offpromtionalpriceUpto25%offtheprovidersU&CfeesUpto25%offplus$150allowance15%offpromotionalprice LasikBenefit 12months12months12months12months12months ExamFrequency LensFrequency12months12months12months12months12months FramesFrequency24months24Months24months24months24months FINANCIALS CURRENTRATESEE's EmployeeOnly96$6.45$5.81$5.97$6.02$6.32 Employee+Spouse53$11.20$10.09$11.95$10.64$10.98 Employee&Family100$16.48$14.85$17.47$15.78$16.15 249 $2,860.80$2,577.53$2,953.47$2,719.84$2,803.66 MonthlyPremium $34,329.60$30,930.36$35,441.64$32,638.08$33,643.92 AnnualPremium $ChangefromCurrent n/a$3,399.24$1,112.04$1,691.52$685.68 %ChangefromCurrent n/a10%3%5%2% ParticipationRequirementsBasedonCurrent10enrolled10enrolled10enrolled10enrolled EmployerContributionRequirementsBasedonCurrent0%0%0%0% Provider%PrivatePractice/RetailPending78%/22%63%/37%69%/31%Pending RateGuaranteen/a4Years4Years3Years2Years NetworkWebsite www.superiorvision.comwww.aetna.comwww.davisvision.comwww.avesis.comwww.metlife.com EffectiveDate1/1/20131/1/20171/1/20171/1/20171/1/2017 13 Note: This is a brief summary and not intended to be a contract.FailedtorespondtoRFP CITY OF LA PORTE VISION PROVIDER DISRUPTION ANALYSIS Avesis ProviderNameProviderTypeCityStateZIPCode#Claims#ServicesAmtBilledAmtPaidSuperiorAetnaDavisVision Y PHAM,NINHXOptometristLAPORTETX775719012214,8353,749 YYY Y WALMARTStore:5116IndependentOpticalLAPORTETX775718725721,66611,206 YNY Y SOptometristLAPORTETX775713914525,4254,726 YYN BERNAY,DEBORAH Y NGUYEN,HANGTStore:214OptometristBAYTOWNTX7752126604,425814 YNY Y VISIONWORKSStore:214IndependentOpticalBAYTOWNTX7752122376,6511,670 YNY Y NGUYEN,VUKOptometristPASADENATX7750520476,1352,406 YYY Y VISIONWORKSStore:61IndependentOpticalPASADENATX7750517346,859913 YNY Y GIBSON,KRISTANLOptometristPASADENATX7750414254,0591,377 YYY N TRAN,HARRYHOptometristBAYTOWNTX7752114151,680494 YYY Y HAKIMI,STEPHENOptometristPASADENATX7750513182,479654 YYN Y VO,VICKIStore:61OptometristPASADENATX775051313780284 YNY N ALLSEP,TAMMICOptometristPASADENATX7750512303,8331,402 YYY N GREGORY,DIANEEOptometristMONTBELVIEUTX7752312434,9151,971 YYN Y PHAM,JULIEOptometristKEMAHTX7756511121,144394 YNY Y NGUYEN,KAYLYNCStore:0752OptometristPASADENATX775051010630368 YNY N WALMARTStore:0194IndependentOpticalBAYTOWNTX7752110302,0141,335 YNY N SHRUM,KRAYOphthalmologistHUMBLETX773468111,868859 YYY Y WALMARTStore:3298IndependentOpticalKEMAHTX775658171,8701,421 YNY Y WARFORD,CHRISLStore:877OptometristBAYTOWNTX775208192,397663 YYY Y RAMON,LOUISAOptometristBAYTOWNTX775217152,167727 YYY Y MIKKELSEN,JAMESLOptometristPASADENATX775046222,519870 YYN Y MOSTELLO,KRISTENMOptometristPASADENATX77506671,419646 YYN N NGUYEN,HANHMOptometristBAYTOWNTX77521672,275158 NYY Y AMERICA'SBESTCONTACTSStore:5842IndependentOpticalPEARLANDTX77581514946583 YYY Y CHERIAN,SHERILOptometristFRIENDSWOODTX7754655300110 YYY Y FRAZIER,LISAAOptometristLAPORTETX775715233,814618 YYY Y HA,HUONGQStore:5388OptometristLEAGUECITYTX7757357525236 YNY Y LAU,GLENDYStore:212OptometristFRIENDSWOODTX7754655425158 YNY Y PATEL,BINDUStore:4702OptometristFRIENDSWOODTX7754658555196 YNY N VISIONWORKSStore:41IndependentOpticalPASADENATX775025101,930448 YNY Y WALMARTStore:0752IndependentOpticalPASADENATX775055181,291690 YNY Y WALMARTStore:3510IndependentOpticalPEARLANDTX77581581,114616 YNY Y AMERICA'SBESTCONTACTSStore:5845IndependentOpticalWEBSTERTX775984171,355204 YYY Y BEELER,DAVIDBOptometristDAYTONTX775354253,2611,100 YYY Y BUI,ROSEHONGKStore:41OptometristPASADENATX7750644600126 YNY Y GRIFFIN,ALLENRStore:970OptometristLIBERTYTX775754111,183486 YYN N HILTON,CHASEROptometristHUMBLETX7734645910100 YYY N HOANG,VIVIANBStore:0529OptometristLAMARQUETX7756844220147 YYY N HOLLAS,CHARLESWOptometristHOUSTONTX770104121,400349 YYY N PRATER,CAREYGOptometristTYLERTX7570144885210 YNN Y TA,SEANNOptometristPEARLANDTX7758144475137 YNY Y WALMARTStore:2439IndependentOpticalBAYTOWNTX775234121,165687 YNY Y WALMARTStore:2724IndependentOpticalPASADENATX775064191,112549 YNY N ALDRICH,MARISSAAOptometristWEBSTERTX775983371384 NYY Y ANDERSON,RHONDALOptometristBAYTOWNTX7752137886329 YYY N BERCE,DIANEStore:0522OptometristCROSBYTX7753233135110 YNN Y BROWN,JOHNATHANStore:912OptometristHOUSTONTX770153131,460742 YYN 14 CITY OF LA PORTE VISION PROVIDER DISRUPTION ANALYSIS Avesis ProviderNameProviderTypeCityStateZIPCode#Claims#ServicesAmtBilledAmtPaidSuperiorAetnaDavisVision Y CHEE,CLINTONStore:243OptometristHOUSTONTX770753337595 YNY Y EYEMARTEXPRESSStore:007IndependentOpticalWEBSTERTX77598312780108 YNN Y ROptometristCROSBYTX77532391,770434 YYY HARRISSZABO,JO Y MOFFITT,CHADEOptometristALVINTX7751138915185 YYY Y NEWHOUSE,BEVERLYSOptometristLEAGUECITYTX77573381,219390 YYY Y NGUYEN,DAVIDVStore:148OptometristFRIENDSWOODTX775463319595 YNY Y SAM'SCLUBStore:4702IndependentOpticalFRIENDSWOODTX7754637644322 YNY Y TAI,JENNIFERStore:5845OptometristWEBSTERTX77598310624436 YYY Y VISIONWORKSStore:243IndependentOpticalHOUSTONTX77075362,190266 YNY Y WALMARTStore:1044IndependentOpticalTYLERTX7570736698518 YNY Y WALMARTStore:5388IndependentOpticalLEAGUECITYTX7757336823599 YNY Y BRENDING,JACQUELINESOptometristWEBSTERTX7759826728216 YYY Y CHEN,YIHSIUOptometristPASADENATX775062228074 YNY Y FADEL,EMILBStore:0707OptometristSANANTONIOTX782162231063 YYN Y FRADKIN,ALLANHOphthalmologistLEAGUECITYTX775732246184 NYN N GARCIA,CLAUDIAOptometristHOUSTONTX770812141,605478 YYN Y HOANG,YENLINHHOptometristBAYTOWNTX775232216063 YYY Y HUYNH,ANTAMStore:5844OptometristDICKINSONTX7753927484235 YYY Y JUAREZ,NELSONOptometristSANTAFETX7751024659205 YYN Y KAUFFMAN,MATTHEWJOptometristHOUSTONTX7720424336131 YYN Y LAHMEYER,MATTHEWROptometristHOUSTONTX7701525831185 YYN Y LEVIN,MICHELLEROptometristPASADENATX775052240674 YYY Y LUTZ,TERESABOptometristWEBSTERTX7759825906219 YYY Y MANN,JOHNFOptometristPASADENATX775042101,273555 YYN Y NGUYEN,LINDAOptometristHOUSTONTX7708923237109 NYY Y RATCLIFF,REAGANMOptometristFRIENDSWOODTX77546281,433574 YYN Y SAM'SCLUBStore:8244IndependentOpticalHOUSTONTX7708922980311 YNY Y SLATON,CYNTHIAOptometristKATYTX774492211053 NYY N TEXASMEDICAIDANDHEALTHCAREOphthalmologistAUSTINTX78720221400 NEN Y TRAN,HANGAOptometristHUMBLETX773462230074 YNY Y VISIONCENTERINWALMARTStore:529IndependentOpticalLAMARQUETX7756828578251 YYY Y VISIONWORKSStore:148IndependentOpticalFRIENDSWOODTX775462458080 YNY Y WALMARTStore:0522IndependentOpticalCROSBYTX7753228662343 YNY Y WOO,GENETOptometristFRIENDSWOODTX7754623170126 YNY Y AMERICA'SBESTCONTACTSStore:5844IndependentOpticalDICKINSONTX77539112708128 YYY N ARISCO,MARTINJOphthalmologistBAYTOWNTX775211132537 YYY Y BLOCK,JANETLOptometristHUMBLETX7734612420194 YYN N BOLDUS,NEILOptometristCHICAGOIL606101110526 NYY N BUB,DARRICKSOptometristLAPORTETX7757115645100 NYN N CANSECO,ELVIAIOphthalmologistHOUSTONTX770271113253 YYY Y CHEN,RACHELFOptometristWEBSTERTX7759815723148 YYY Y CHIN,ALLENHOptometristHOUSTONTX7707413385179 YYY N CHIN,VICTORIAAOptometristHOUSTONTX770021123526 NYN Y CORREALE,SUZANNEMOptometristALVINTX775111216032 YYY N GERDTS,MICHAELROptometristSHENANDOAHTX7738116753121 NYY Y GIBSON,CHARLESROptometristWEBSTERTX775981114032 YYY N HOPPING,DESIREEOptometristHOUSTONTX770581112526 NYN N HORMANNIII,KARLEOptometristHOUSTONTX7703414359213 YYN Y HUANG,JAMESTStore:0311OptometristBAYTOWNTX775211211553 NYN Y HYDE,KATHERINEPStore:0285OptometristHUNTSVILLETX773401117537 YYY 15 CITY OF LA PORTE VISION PROVIDER DISRUPTION ANALYSIS Avesis ProviderNameProviderTypeCityStateZIPCode#Claims#ServicesAmtBilledAmtPaidSuperiorAetnaDavisVision Y JAFFER,RIZWANSStore:1137OptometristHOUSTONTX77015116937 YYY Y KEHINDE,LUCYEOptometristHOUSTONTX772041118632 YYY Y EOptometristHOUSTONTX772041218626 NYY KENWORTHY,PIERCE N KHALFE,LIAQATOptometristHOUSTONTX770341547868 NYY N LENSCRAFTERSStore:0359IndependentOpticalFRIENDSWOODTX7754612378151 YYN N LENSCRAFTERSStore:5231IndependentOpticalPEARLANDTX7758413375119 YYN N LIN,FRANKOptometristPEARLANDTX77584119532 YYY Y MAXWELLMALIK,LISAMOptometristHOUSTONTX770621325042 YYN N MORROW,DAVIDSOptometristHOUSTONTX7705915603137 NNN Y NGUYEN,ERICOptometristHOUSTONTX77025118526 NYY N NGUYEN,LONGDOptometristHOUSTONTX770591211037 YYY Y ONG,CATHERINEOptometristSUGARLANDTX7747816783272 YYN Y PATELMEHTA,HINAVStore:3500OptometristHOUSTONTX770151113637 YNY Y PATELMEHTA,HINAVStore:3640OptometristHOUSTONTX770551111537 YNY Y PEGUESE,ELIZABETHMOptometristHOUSTONTX77204121860 YYY Y PHAM,VICKYTStore:3213OptometristTHEWOODLANDSTX77384115837 YNY Y PHAM,XUANTOptometristCUTOFFLA703451213453 NNY Y ROBERSON,GERALDCOptometristTULSAOK74133116932 YYY Y SAM'SCLUBStore:8281IndependentOpticalHOUSTONTX7701511218184 YNY Y SEARSOPTICALStore:0071IndependentOpticalPASADENATX7750611900 YYN Y SEARSOPTICALStore:0311IndependentOpticalBAYTOWNTX7752111240144 YYN Y SEGAL,SCOTTEOphthalmologistPASADENATX775051338920 YYN Y STEPHENS,NANCYEOptometristHOUSTONTX770341114037 YYY Y TARGETOPTICALStore:4202IndependentOpticalHOUSTONTX770251219597 YYN Y TARGETOPTICALStore:4304IndependentOpticalPASADENATX7750513370124 YYN Y TRAN,JONATHANStore:912OptometristHOUSTONTX7701515625149 YYY Y VISIONWORKSStore:114IndependentOpticalFRIENDSWOODTX775461235077 YNY Y VISIONWORKSStore:116IndependentOpticalLEAGUECITYTX775731234062 YNY Y VISIONWORKSStore:826IndependentOpticalCHICAGOIL606011122458 NNY Y VO,DENISEOptometristPASADENATX7750511700 NYN N WALMARTStore:0285IndependentOpticalHUNTSVILLETX7732013148111 YNY Y WALMARTStore:0462IndependentOpticalALVINTX7751111210184 YNY Y WALMARTStore:1062IndependentOpticalFRIENDSWOODTX7754611508184 YNY Y WALMARTStore:2404IndependentOpticalSANANTONIOTX782161210584 YNY Y WALMARTStore:3500IndependentOpticalHOUSTONTX7701511294 YNY Y WALMARTStore:4298IndependentOpticalHUMBLETX7739611220184 YNY Y WALTON,ASHLEYOptometristPEARLANDTX775811262184 NYN Y=104 Y=114 Y=84 Y=97 N=30 N=20 N=49 N=37 16 IV. Medicare RFP Results 17 CITYOFLAPORTE MEDICARESUPPLEMENTPLANCOMPARISON FINALISTFINALISTFINALIST CARRIERNAMEAetnaMedicarePlanPPO(ESAPPO/RX1337)AetnaMedicarePlanPPO(ESAPPO/RX1337)BCBSTXUnitedHealthcareOption21PPRxF16 CurrentProposedRenewalProposedProposed Deductible$0$0$0$0 AnnualOutofPocket$4,000$4,000$4,000$2,500 AllmedicalexpensesExceptHearingAidReimbursement,VisionReimbursementandAllmedicalexpensesExceptHearingAidReimbursement,VisionReimbursementandAllmedicalexpensesExceptHearingAidReimbursement,VisionReimb ursementandAllmedicalexpensesExceptHearingAidReimbursement,VisionReimbursementand AnnualOutofPocketLimitappliesto: MedicareRxCoveragethatmaybeavailableonyourplanMedicareRxCoveragethatmaybeavailableonyourplanMedicareRxCoveragethatmaybeavailableonyourplanMedicareRxCoveragethatmaybeavailableonyourplan MemberCoinsurance N/AN/A$25formostbenefitsN/A PrimaryCarePhysicianSelection OptionalOptionalNotRequiredN/A PreventiveCareNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders AnnualWellnessExams(1every12months)Covered100%Covered100%Covered100%Covered100% RoutinePhysical Covered100%Covered100%Covered100%Covered100% Covered100%Covered100%Covered100%Covered100% MedicareCoveredImmunizations RoutineGYNCare(OneroutineGYNandpapsmearevery24months Covered100%Covered100%Covered100%Covered100% RoutineMammograms(Baseline3539,annually40+Covered100%Covered100%Covered100%Covered100% RoutineProstateScreening Covered100%Covered100%Covered100%Covered100% RoutineColorectalScreening(50+)Covered100%Covered100%Covered100%Covered100% RoutineBoneMassMeasurement(Onceevery24months)Covered100%Covered100%Covered100%Covered100% AdditionalMedicarePreventiveServices Covered100%Covered100%Covered100%Covered100% RoutineEyeExams(onceevery12months)Covered100%Covered100%Covered100%$40 RoutineHearingScreening(onceevery12months)Covered100%Covered100%Covered100%Covered100% NetworkandOutofNetworkProviders PhysicianServicesNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders $25Copay$25Copay$25Copay$25Copay PrimaryCarePhysicianVisit SpecialistVisit$25Copay$25Copay$25Copay$40Copay AllergyTesting$25Copay$25Copay$25Copay$40Copay DiagnosticProceduresNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders $25Copay$25Copay$25Copay$20;$40RadiologyService OutPatientDiagnostic(X,ray,Lab,ComplexImaging) EmergencyMedicalCareNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders UrgentlyNeededCare(Worldwide)$25Copay$25Copay$25$0 EmergencyCare(Worldwide)$50Copay(WaivedifAdmitted)$50Copay(WaivedifAdmitted)$50$75 $25Copay$25Copay$25$150 AmbulanceServices HospitalCareNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders InpatientHospitalCare$250perstay$250perstay$250perstay$250perstay OutpatientSurgery Covered100%Covered100%$0$200 NetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders MentalHealthServices InpatientMentalHealth$250perstay$250perstay$25190daysLifetimeMax;$250/admit OutpatientMentalHealth$25Copay$25Copay$25$40perIndividualVisit;$20perGroupVisit Alcohol/DrugAbuseServicesNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders $250perstay$250perstay$25190daysLifetimeMax;$250/admit InpatientSubstanceAbuse OutpatientSubstanceAbuse$25Copay$25Copay$25$20perIndividualVisit;$10perGroupVisit OtherServicesNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProvidersNetworkandOutofNetworkProviders SkilledNursing$0perdaycopay,days120$0perdaycopay,days120$0perdaycopay,days120$0perdaycopay,days120 $75perdaycopay,days21100$75perdaycopay,days21100$75perdaycopay,days21100$75perdaycopay,days2154;$0perdaycopay,days55100 Facility(SNF)Care HomeHealthAgencyCare Covered100%Covered100%Covered100%Covered100% HospiceCare CoveredbyMedicareataMedicarecertifiedhospiceCoveredbyMedicareataMedicarecertifiedhospiceCoveredbyMedicareataMedicarecertifiedhospiceCoveredbyMedicareataMedicarecertifiedhospice OutpatientRehabilitationServices(Speech,Physicaland $25Copay$25Copay$25Copay$40Copay pationaltherapy) Occu CardiacRehabilitationServices$25Copay$25Copay$25Copay$40Copay $15Copay$15Copay$15Copay$20Copay ChiropracticServices DurableMedicalEquipment/ProstheticDevices 20%20%20%10% PodiatryServices$25Copay$25Copay$25Copay$40Copay DiabeticSupplies Covered100%Covered100%$0Copay10% $25Copay$25Copay$25Copay10% OutpatientDialysisTreatments MedicarePartBPrescriptionDrugs Covered100%Covered100%$0Copay10% AllergyInjections Covered100%Covered100%$25CopayCovered100% HealthyLifestyleCoaching(Onephonecallperweek)CoveredCoveredn/an/a $100Every24months$100Every24months$100Every24months$0 VisionEyewearReimbursement HearingAidReimbursement$500Onceevery36months$500Onceevery36months$500Onceevery36months$500 PharmacyΑPrescriptionDrugBenefits $0$0$0$0 PrescriptionDrugCalendarYearDeductible S2S2PreferredandNonPreferredStandardPlanF16 PharmacyNetwork Formulary Open2(ThreeTier)Open2(ThreeTier)Standard5TierStandardFormularyH InitialCoverageLimit(ICL)$3,310CoveredMedicarePrescriptionDrugExpenditure$3,700CoveredMedicarePrescriptionDrugExpenditure$3,700CoveredMedicarePrescriptionDrugExpenditure$3,700CoveredMedicarePrescript ionDrugExpenditure Tier1Preferred$0CopayPreferredPharmacyPreferredGeneric/$5CopayNon Tier1$5CopayGenericTier1$5CopayGenericPreferredGeneric;Tier2NonPreferred$0CopayPreferredPharmacyPreferredGenericTier1$10CopayGeneric /$5CopayNonPreferredGeneric StandardRetailMemberCostSharinguptotheinitialCoverageLimit. Uptoonemonth(30day)supply.Threemonth(90day)supply Tier3Preferred$25CopayPreferredPharmacyPreferredBrand/$35CopayNon availableatretailatPreferredMailOrdercostshare. Tier2$30CopayPreferredBrandTier2$30CopayPreferredBrandPreferredBrand;Tier4NonPreferred$55CopayPreferredPharmacyPreferredGenericTier2$30CopayPreferredBrand /$60CopayNonPreferredGeneric Tier3$60CopayNonPreferredBrandTier3$60CopayNonPreferredBrandTier5Specialty33%(31%inGap)Tier3$45CopayNonPreferredBrand;Tier4$60SpecialtyRx Tier1Preferred$0CopayPreferredPharmacyPreferredGeneric/$1CopayNon Tier1$10CopayGenericTier1$10CopayGenericTier1$20CopayGeneric PreferredGeneric;Tier2NonPreferred$0CopayPreferredPharmacyPreferredGeneric /$10CopayNonPreferredGeneric PreferredMailOrderthroughAetnaRxHomeDelivery.MemberCost Tier3Preferred$50CopayPreferredPharmacyPreferredBrand/$60CopayNon SharinguptotheInitialCoverageLimit.Upto Tier2$60CopayPreferredBrandTier2$60CopayPreferredBrandPreferredBrand;Tier4NonPreferred$110CopayPreferredPharmacyPreferredTier2$60CopayPreferredBrand Generic/$120CopayNonPreferredGeneric Tier3$120CopayNonPreferredBrandTier3$120CopayNonPreferredBrandTier5Specialty33%(31%inGap)Tier3$90CopayNonPreferredBrand;Tier4$120SpecialtyRx CoverageGapΑOncecoveredMedicarePrescriptionDrugexpenses $4,850OutofPocketcostsforCoveredPartDDrugs$4,950OutofPocketcostsforCoveredPartDDrugsFullCoveragePartDGapCoverageFullCoveragePartDGapCoverage havereachtheICL,theCoverageGapbegins. Greaterof$2.95or5%forcoveredgeneric(includingbrandtreatedasgeneric)drugs.Greaterof$2.95or5%forcoveredgeneric(includingbrandtreatedasgeneric)drugs.Greaterof5%of$3.30copay(genericincludingdrugstreateda sgeneric)or$8.25copay CatastrophicCoverageΑBenefitsstartonceOOPhasbeenincurred.CMSValue Greaterof$7.40or5%forallothercovereddrugs.Greaterof$7.40or5%forallothercovereddrugs.forallotherdrugs Precertification AppliesAppliesAppliesApplies StepTherapy AppliesAppliesAppliesApplies NonPartDDrugRider NotCoveredNotCoveredn/an/a 18 CITYOFLAPORTE MEDICARESUPPLEMENTCOSTCOMPARISON FINALISTFINALISTFINALIST MEDICAREADVANTAGERATESAetnaAetnaBCBSTXUnitedHealthcare CurrentProposedRenewalProposedProposed PARTICIPATIONCurrentProposedRenewalProposedProposed TotalMedicareEligibleMembers57575757 FINANCIALSCurrentProposedRenewalProposedProposed TotalRate$269.39$269.39$230.60$349.77 MonthlyPremium$15,355$15,355$13,144$19,937 AnnualPremium$184,263$184,263$157,730$239,243 $ChangefromCurrentN/A$0$26,532$54,980 %ChangefromCurrentN/A0%14%30% 19 V. Vendor Selection Matrix 20 Vendor Selection Matrix TPA Recommendation UNITED TPA AETNA CIGNA BCBSTX HEALTHCARE Cost (30%) 30 28 27 28 Cost Containment (20%) 20 20 20 20 Population Health 18 18 18 17 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 9 Integrated Systems/Technology 9 9 9 8 Initiative (10%) References /Past Performance 5 4 4 3 (5%) Total 97 94 93 90 21 Vendor Selection Matrix PBM Recommendation PBM AETNA CIGNA OPTUM RX PRIME Cost (30%) 29 27 28 28 Cost Containment (20%) 20 20 20 20 Population Health 20 20 20 20 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 9 Integrated Systems/Technology 10 10 10 10 Initiative (10%) References /Past Performance 5 4 4 3 (5%) Total 99 96 97 95 22 Vendor Selection Matrix Stop Loss Recommendation SA BENEFITS UNITED STOP-LOSS CIGNA BCBSTX STEALTH / HEALTHCARE PARTNERRE Cost (30%) 25 25 24 26 29 Cost Containment (20%) 19 19 19 19 19 Population Health Management 20 20 20 20 20 Programs (20%) Communication (5%) 5 5 5 5 5 Claims Processing (10%) 10 10 10 10 10 Integrated Systems/Technology 10 10 10 10 10 Initiative (10%) References /Past Performance 5 5 4 5 5 (5%) Total 94 94 92 95 98 23 Vendor Selection Matrix Medicare Supp. Recommendation UNITED MEDICARE AETNA BCBSTX HEALTHCARE Cost (30%) 29 25 27 Cost Containment (20%) 19 19 19 Population Health Management 20 20 20 Programs (20%) Communication (5%) 5 5 4 Claims Processing (10%) 10 10 10 Integrated Systems/Technology 10 10 10 Initiative (10%) References /Past Performance (5%) 5 4 4 Total 98 93 94 24 Vendor Selection Matrix Vision Recommendation VISION METLIFE AVESIS DAVIS VISION AETNA Cost (30%) 25 28 25 26 Cost Containment (20%) 18 19 19 18 Population Health 20 20 20 20 Management Programs (20%) Communication (5%) 5 5 5 5 Claims Processing (10%) 10 10 10 10 Integrated Systems/Technology 10 10 10 10 Initiative (10%) References /Past Performance 4 4 4 5 (5%) Total 92 96 93 94 25 VI. Summary and Recommendations 26 Recommendations Third Party Administration IPS completed a Request for Proposal for medical Third Party Administration, Stop Loss, and Pharmacy Benefit Manager as a part of the self-funded medical plan. IPS reviewed and scored all respondents based on the Vendor Selection Criteria outlined in this review. IPS took into consideration fixed costs, variable costs, plan design, network match, disruption, pharmacy rebates, network discounts, and out-of-network/shared savings programs. Based on all factors, The incumbent Third Party Administrator, Aetna, is providing a -20% decrease to administration fees. Aetna also increased RX Rebate share from 10% to 30%, providing an additional $38,456 in estimated rebates. The total savings for administration, including potential rebates, is approximately $84,588 under the current plan administration costs. Plan Design After reviewing the plan benefits and proposals based on the current benefit structure, IPS is not recommending any plan design changes for 2017. 27 Recommendations Stop Loss SA Benefits / PartnerRE is providing the most competitive Stop Loss proposal, with a -5% reduction to both the Specific and Aggregate premiums SA Benefits / PartnerRE SA Benefits / PartnerRE SA Benefits / PartnerRE is providing a +7.96% increase to maximum claims liability SA Benefits / PartnerRE is providing an increase to Aggregate Contract Maximum from $1,000,000 to $2,000,000 IPS Advisors recommends contracting with PartnerRE for Stop Loss coverage Medicare Aetna provided a rate pass for the 2017 Medicare plan IPS recommends contracting with Aetna for the 2017 Medicare Supplement Plan Vision The incumbent, Superior Vision, did not respond the RFP IPS recommends contracting with Avesis for a -5% decrease to total plan cost. Avesis offers the most competitive network match and benefits package Avesis is offering a three year rate guarantee 28 29 2017 Timeline January August Year End Recap Meeting Present Preliminary RFP Results to City BAFO Presentation for All Lines except Stop Loss Finalize Plan Designs / Rate Structures March/April Reconcile Budget Plan Analysis Review Claims Update Benchmarking Updates September Utilization Review Plan Design and Contribution Strategy Presentations of Recommendations to Council Preliminary Recommendations Begin Vendor Implementations Finalize Budget Time Line Complete Applications May October Draft RFP to City BAFO due for Stop Loss Continue Vendor Implementations Finalize and Bind Stop Loss Rates June Begin Open Enrollment Mid-Year Review Finalize Preliminary Budget with Finance November Release RFP Continue Vendor Implementations Complete Open Enrollment July December Renewals Due RFP Opening Release ID Cards Finalize Vendor Implementation System Testing 30 REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:November14,2016Appropriation RequestedBy:RosalynEptingSourceofFunds:GeneralFund Department:Parks&RecreationAcctNumber:6146515.5007 Report:Resolution:Ordinance:_AmountBudgeted:$300,920 Exhibits:BidTabulation/AccessReportBid#16020AmountRequested:$299,520or$286,280 BidTabulation/AccessReportReBid#16024 ReferenceCheckforCornerstoneBudgetedItem:YESNO Maintenance SUMMARY&RECOMMENDATION SealedBid#16020,formowingvariouscityproperties,wasadvertisedonJuly14andJuly21,2016in theBayAreaObserver,postedonPublicPurchase,andpostedonthe/źƷǤ͸ƭWebsite.TheBidswere openedandpubliclyreadonAugust2,2016.Twohundredfortysevenvendorswerenotifiedofthebid withthirtyeightdownloadingthem.Fivevendorsresponded,withtwobeingnonresponsiveduetoone notattendingthemandatoryprebidmeetingandonenotbiddingalllineitems. Forsealedbid16020,thelowbidderwasHorticareLawnMaintenancewithabidof$179,628.However shortlyafterbiddingHorticarenotifiedtheCitythatHorticaredidnotintendtoaccepttheawardbecause thecompanyhadundergonesomemanagementchanges.Thenextlowestbidderwasthe/źƷǤ͸ƭcurrent contractor,CampLandscapeServices,withabidintheamountof$299,520,andthethirdbidwas YellowstoneLandscapeintheamountof$488,204.Duetothelargediscrepancyofthebidamounts,staff reevaluatedthebidspecifications,madeafewadjustmentstothenumberofmowingcyclestomakesure westayedwithinbudget,eliminatedthemandatoryprebidmeeting,andthenrebidmowingservices. SealedReBid#16024,formowingvariouscityproperties,wasadvertisedonSeptember1and September8,2016intheBayAreaObserver,postedonPublicPurchase,andpostedonthe/źƷǤ͸ƭ Website.TheBidswereopenedandpubliclyreadonSeptember30,2016.Twohundredthirtysix bidderswerenotifiedwithtwentythreedownloadingthem.Fourvendorsresponded,withthelowest bidderbeingnonresponsivebecausetherewasnobidbondandthevendordidnothavetwoofthe properexhibits. ThenextlowestbidderwasCornerstoneMaintenance&LandscapingLLCdbaCornerstoneMaintenance withabidof$286,280./ƚƩƓĻƩƭƷƚƓĻ͸ƭreferenceswerecheckedandweresatisfactory. TheCouncilmayconsiderseveraldifferentoptions: Rejecttheinitialbid(16020)forCampLandscapeServicesandawardtherebid(16024)to CornerstoneMaintenance;or Awardtheinitialbid(16020)toCampLandscapeServicesandrejecttherebidforCornerstone Maintenance;or Rejectallbidsandrebidmowingservicesagain. ActionRequiredbyCouncil: Considerapprovalorotheractionofoneofthefollowing: Rejecttheinitialbid(16020)forCampLandscapeServicesandawardtherebid(16024)to CornerstoneMaintenance;or Awardtheinitialbid(16020)toCampLandscapeServicesandrejecttherebidforCornerstone Maintenance;or Rejectallbidsandrebidmowingservicesagain. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate #16020 Parks and Recreation Department Mowing Bid Tabulation Horticare Lawn MaintenanceGroundstarYellowstoneSummer BreezeCamp's Per Visit Per Visit Per Visit Per Visit Per Visit Number Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost of Times ItemLocationby LocationLocationby LocationLocationby LocationLocationby LocationLocationby Location Description To 38 1Fairmont Park, 3540 Farrington 25095003500504191520040015200 38 2 70266075027610488002007600 Heritage Park (Sylvan Beach Depot, 604 Park Drive 38 3 22585502500396150480030011400 Northwest Park, 10210 North P Street 38 4Seabreeze Park, 1300 Bayshore Drive 8532305002288664002007600 24 5 18043204000521248004009600 La Porte TraIl System, Fairmont Parkway 24 6 601440600116278400501200 Pecan Crossing Trails 38 7 4201596030001836697680056021280 Pecan Park, 3600 Canada Road 38 8 1907220250072027360002107980 Woodfalls Park, 3801 1/2 Driftwood 38 9La Porte Police Department and Municipal Court Facility , 3001 and 3005 N. 23rd Street 1104180250039615048002609880 12 10 25030003002282736001001200 La Porte Police Department Detention Pond 38 11 2308740240050419152002509500 La Porte City Hall, 604 W. Fairmont Parkway 38 12La Porte Records Storage Building, 1001 S. 4th St 271026400108410400301140 38 13 1405320220039615048001304940 La Porte Community Library, 600 S. Broadway 38 14 401520400228866400803040 La Porte Water Plant #7, 8210 Bandridge 38 15 271026400108410400602280 Original City Hall, 111 2nd Street 24 16 601440500252604800601440 McCabe Road 38 17a: Stonemont and Underwood 259502007227360020760 38 259502007428120020760 b: Stonemont and Underwood Right-of-Way 38 18 25950507227360010380 a: Valley Brook and Spencer Highway 38 b: Valley Brook Esplanades 35133045035133000401520 38 19 351330507227360010380 a: Myrtle Creek and Spencer Highway 38 2595080035133000501900 b: Myrtle Creek Esplanades 38 20 16060803000722736002409120 Fairmont Parkway Esplanades 38 21 90342016001525776001003800 a:Bay Area Boulevard EAST Right-of-Way 38 b:Bay Area Boulevard WEST Right-of-Way 90342016001525776001204560 38 125475020001796802001806840 c:Bay Area Boulevard Esplanades 38 22 80304016001505700001104180 a: Canada Road EAST Right-of-Way 38 b: Canada Road WEST Right-of-Way 80304016001505700001104180 38 80304020001234674001606080 c: Canada Road Esplanades 38 23 100380010001264788002107980 Farrington Boulevard Esplanades 38 24 401520507227360010380 Farrington and Spencer Highway 38 25 5019007002761048800803040 North Farrington 38 26Luella Road Esplanades 100380016001204560001505700 38 27 2076050035133000301140 Luella Trail 20 28 14028001000168336000801600 Linear Park 20 29 255002007214400020400 La Porte Entrance Sign Locations 20 255002007214400020400 a: Hwy 225 and Hwy 146, southbound side of Hwy 146 coming from Baytown 20 b: Hwy 146 and Shoreacres Boulevard, Hwy 146 Northbound just past Shoreacres Boulevard 255002007214400020400 20 255001007214400020400 c: Fairmont Parkway 30 2595010035133000602280 38 16th Street Esplanades $129,912.00$0.00$314,612.00$0.00$183,460.00 TOTAL SECTION I Horticare Lawn MaintenanceGroundstarYellowstoneSummer BreezeCamp's Number Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost Cost, by Annual Cost of Times ItemLocationby LocationLocationby LocationLocationby LocationLocationby LocationLocationby Location Description To 12 1 40048002500139216704005506600 Hwy 225 and Sens Road 38 2 271026400108410400501900 Emergency Medical Services, 10428 W. Main 38 3 552090300228866400903420 Animal Shelter, 10901 Spencer Highway 12 4 50060003750562674400340040800 Hwy 146 from Barbour's Cut to Shoreacres City Limit 38 5Little Cedar Bayou Park 300114005200720273600076028880 38 6 7026601000168638400803040 Gladwyne Trail Head Property 38 7 65247015025295760020760 Garfield Median 24 8San Jacinto Trail 9021601000190456000601440 24 9 75180022002796696001202880 South Broadway Trail 38 10 351330400144547200903420 Fire Station 2, 9710 Spencer 38 11 301140500108410400903420 Fire Station 3, 2700 Sens Road 38 12 301140400108410400903420 Fire Station 4, 2900 South Broadway 18 13F216 Detention Basin 550990060001392250560060010800 14 751800400183644064002205280 24 Klein Retreat/Happy Harbor, NCI Property, 1000 Bayshore Drive $49,716.00$0.00$173,592.00$0.00$116,060.00 TOTAL SECTION 2 $179,628.000$488,204.000$299,520.00 GRAND TOTAL, Sections 1 and 2 did not attend did not use correct mandatory pre-bidpricing sheet; did not Bids not considered: complete all line items NA Not notarized Bid Execution YesNAYes YesNAYesNAYes COIQ yesNAYesNAYes Reference Form yesNAYesNAYes Equipment yesNAYesNAYes Experience and Staffing Addendum 1NoNAyesNAYes YesNAyesNAYes Addendum 2 Access Report AgencyCity of La Porte (TX) Bid Number16020 Bid TitleMowing for Parks Department Vendor NameAccessed First TimeMost Recent Access Onvia2016-07-14 06:05 PM CDT2016-08-03 11:06 PM CDT BidClerk2016-07-19 07:01 AM CDT2016-08-11 05:46 AM CDT Charter Communications2016-07-18 05:59 AM CDT2016-07-18 05:59 AM CDT Construction Bid Source2016-08-06 12:05 PM CDT2016-08-06 12:05 PM CDT JR & JR 2016-08-03 05:24 PM CDT2016-08-03 05:24 PM CDT Groundstar Inc2016-07-21 01:59 PM CDT2016-08-10 05:42 PM CDT Central Landscape & Maintenan2016-07-18 11:00 AM CDT2016-07-18 11:01 AM CDT WCD Enterprises LLC2016-07-18 03:14 PM CDT2016-08-09 11:01 AM CDT Hydrozone Landscape Corporat2016-07-18 02:29 PM CDT2016-07-21 04:25 PM CDT Perkens WS Corporation2016-07-18 03:59 AM CDT2016-08-11 02:06 AM CDT DMJ Landscaping 2016-07-15 07:26 AM CDT2016-07-15 07:26 AM CDT Sam Anderson Pvt Ltd2016-07-21 05:26 AM CDT2016-08-16 08:50 AM CDT Durba Construction2016-07-15 09:09 AM CDT2016-07-15 09:09 AM CDT iSqFt2016-07-28 04:48 AM CDT2016-07-28 04:48 AM CDT Missouri iSqFt 2016-08-03 09:59 AM CDT2016-08-03 10:01 AM CDT North America Procurement Co2016-07-15 10:34 AM CDT2016-08-15 11:26 PM CDT DeAngelo Brothers LLC2016-07-15 09:26 AM CDT2016-08-03 09:48 AM CDT Summer Breeze Lawns LLC2016-07-19 09:06 AM CDT2016-08-08 12:47 AM CDT CHEMTEX LABORATORY2016-07-22 01:38 PM CDT2016-08-01 09:39 AM CDT NCC Services, Inc.2016-07-19 02:52 PM CDT2016-08-04 02:06 PM CDT Davenport Construction2016-07-14 01:14 PM CDT2016-07-14 01:14 PM CDT Eagle Precision Lawn Care L.L.2016-07-14 10:41 PM CDT2016-07-14 10:41 PM CDT The Blue Book Building & Cons 2016-07-14 11:38 PM CDT2016-08-03 11:36 PM CDT Cypress Creek Pest Control, Inc2016-07-14 02:22 PM CDT2016-07-14 02:22 PM CDT I Sqft Plan Room2016-07-15 10:31 AM CDT2016-08-10 06:47 AM CDT Reliant Sand And Construction, 2016-07-15 02:06 PM CDT2016-07-15 02:06 PM CDT Acme Inc2016-07-25 12:28 AM CDT2016-07-25 12:29 AM CDT Yellowstone Landscape2016-08-01 09:59 AM CDT2016-08-11 08:58 AM CDT Williams Transport2016-07-14 10:42 PM CDT2016-07-14 10:42 PM CDT A to Z Contracting Service2016-07-15 11:08 PM CDT2016-07-28 08:14 AM CDT Double Eagle Erosion Solutions 2016-07-27 09:31 AM CDT2016-07-27 09:31 AM CDT Neo Global Enterprises, LLC2016-07-18 07:11 PM CDT2016-08-08 06:12 AM CDT Camp Landscaping Services2016-07-20 07:37 AM CDT2016-08-09 05:47 AM CDT Hearn Company2016-07-14 02:56 PM CDT2016-08-11 09:24 AM CDT Reed Construction Data2016-08-03 06:13 PM CDT2016-08-03 06:13 PM CDT Construction Software Technolo2016-08-01 03:32 PM CDT2016-08-10 07:07 AM CDT BIO Landscape & Maintenance 2016-07-19 09:28 AM CDT2016-08-11 10:32 AM CDT Tukmol General Contractor2016-07-15 03:20 AM CDT2016-08-04 07:39 PM CDT Documentsost Recent Response Date 2016-08-10 05:40 PM CDT 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 ReferenceCheckForm VendorName:Cornerstone (2Responses)CityofFriendswoodandCityofPearland 1.Howlonghaveyouusedthisparticularvendorinacapacity?1012yearsdoingmowing,landscape, maintenanceandirrigation. 2.Howmanydifferentprojectshasthisvendorbeenusedoninthiscapacity?multiple;stillproviding servicesforboth 3.Onascaleofonetoten,withtenbeingcompletelysatisfiedandonebeingcompletelyunsatisfied,how wouldyouratethefollowing: a.Overallreliability9.0 b.Overallvendorabilitytomeettimelinesordeadlines9.0 c.Overallvendorpersonnelexperiencelevel10.0 4.Onascaleofonetoten,withtenbeingexcellentandonebeingunsatisfactory,howwouldyouratethe following: a.TheĭƚƒƦğƓǤ͸ƭattitudetowardcustomerservice?10.0 b.TheĭƚƒƦğƓǤ͸ƭabilitytoresolveproblems?9.0 c.TheĭƚƒƦğƓǤ͸ƭoverallperformance?9.0 5.Onascaleofonetoten,withtenbeingͻğĬƭƚƌǒƷĻƌǤǞƚǒƌķͼandonebeingͻğĬƭƚƌǒƷĻƌǤwouldƓƚƷͼͲwould yourecommendthisvendortosomeone?9.0 6.Inyouropinion,whataretheǝĻƓķƚƩ͸ƭ a.Strengths?Solidexperienceinseniorleadership,willingnesstoserveandflexiblewhen necessary;abletoaccesssituationsandprovidereasonablesolutions b.Weaknesses?None;middlemanagementconcernsforashorttimebutthishasbeenresolved c.AdditionalComments?Cornerstoneisapleasuretodobusinesswith Signatureofpersonconductingreferencechecks:SandieScarborough,PurchasingDivisionCoLP REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016 N/AN/A Source of Funds:Source of Funds: Sharon ValianteSharon Valiante Requested By:Requested By:    Account Number:Account Number: Public WorksPublic Works Department:Department:    Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance:    Amount Requested:Amount Requested:    Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Artwork #1Artwork #1 2.Artwork #2Artwork #2 3.Main Street Tower Visibility at 1200 LFMain Street Tower Visibility at 1200 LF 4.Main Street Tower Visibility at 2600 LFMain Street Tower Visibility at 2600 LF SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS This agenda item is a follow up to previous workshop discussions regarding which artwork would be used for This agenda item is a follow up to previous workshop discussions regarding which artwork would be used for thth the Elevated Storage Tank on 4the Elevated Storage Tank on 4 Street @ Main. Street @ Main. From a group of proposed artwork, City Council chose a From a group of proposed artwork, City Council chose a specific artwork containing the La Porte ISD Bulldog with the specific artwork containing the La Porte ISD Bulldog with the ““City of La PorteCity of La Porte””, , and and ““Home of the BulldogsHome of the Bulldogs” in lettering form.in lettering form. City Council then requested staff to provide the artwork in draft form to depict size and a City Council then requested staff to provide the artwork in draft form to depict size and a visibility perspectives. Staff coordinated the request with the Design Engineer and are presenting two draft visibility perspectives. Staff coordinated the request with the Design Engineer and are presenting two draft versions for consideration.versions for consideration. The estimated budget costs associated with the two artworks are as follows:The estimated budget costs associated with the two artworks are as follows: Artwork #1, two applications of the same logo as shown in the exhibit = $11,000Artwork #1, two applications of the same logo as shown in the exhibit = $11,000Artwork #1, two applications of the same logo as shown in the exhibit = $11,000Artwork #1, two applications of the same logo as shown in the exhibit = $11,000 Artwork #2, one application of the bulldog thru the LP; one application of the wording as shown in the exhibit = Artwork #2, one application of the bulldog thru the LP; one application of the wording as shown in the exhibit = $16,000 Note: This tank is not the same size as the Fairmont tank.Note: This tank is not the same size as the Fairmont tank. It is a double ellipsoidal with a much shorter vertical It is a double ellipsoidal with a much shorter vertical flat shell wall and more knuckle versus the Fairmont toro bottom with a taller shell wall.flat shell wall and more knuckle versus the Fairmont toro bottom with a taller shell wall. So there is not as much So there is not as much vertical area to work with as the Fairmont tank.vertical area to work with as the Fairmont tank. This is a critical factor and determines the maximum size of the This is a critical factor and determines the maximum size of the logo or it will roll over in to the knuckle/roof too much. logo or it will roll over in to the knuckle/roof too much. Action Required of Council:Action Required of Council: Provide guidance to staff regarding the direction to proceed with the design of the Elevated Storage Provide guidance to staff regarding the direction to proceed with the design of the Elevated Storage thth Tank Artwork on 4Tank Artwork on 4 St @ Main. St @ Main. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate LOGOVISIBILITYAT2600FEET 146SouthboundfeederatADAMS OPTIONArtwork#1 BUDGETESTIMATE $11,000 BUDGETESTIMATE OPTIONArtwork#2-Logo1 $16,000 OPTIONArtwork#2-Logo2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016 N/AN/A Source of Funds:Source of Funds: Rosalyn Epting Rosalyn Epting Requested By:Requested By:    Account Number:Account Number: Parks & RecreationParks & Recreation Department:Department:    Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance:    Amount Requested:Amount Requested:    Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Operational Analysis Report Operational Analysis Report -- Draft Draft SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In July, GreenPlay LLC began the process of performing an Operational Analysis for the Parks & In July, GreenPlay LLC began the process of performing an Operational Analysis for the Parks & Recreation Department.  Melissa Chew, Project Consultant, will go over her findings. The draft report is Recreation Department.  Melissa Chew, Project Consultant, will go over her findings. The draft report is attached as an exhibit. The contractor will take any comments from the Council Meeting and incorporate attached as an exhibit. The contractor will take any comments from the Council Meeting and incorporate them into the final copy of the report.them into the final copy of the report. Action Required of Council:Action Required of Council: None. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Parks and Recreation Department Operational Analysis DRAFT October 2016 Acknowledgements WewouldliketothankallthosewhoprovidedinputforthisOperationalAnalysis. CityofLaPorte,Texas MayorandCityCouncil: LouisR.RigbyMayor JohnP.ZemanekAtLargeA DottieKaminskiAtLargeB DannyEarpDistrict1 ChuckEngelkenDistrict2 DarylLeonardDistrict3 KristinMartinDistrict4 JayMartinDistrict5 MikeClausenDistrict6 AdministrativeStaff: CorbyAlexanderCityManager TraciLeachAssistantCityManager MichaelDolbyFinanceDirector ParksandRecreationDepartmentStaff/ProjectTeam: RosalynEptingDirectorofParksandRecreation ScottBradleyParksSuperintendent DebKuykendallSpecialServicesSuperintendent MeganMainerRecreationSuperintendent LizRussellOfficeCoordinator iCityofLaPorteParks&RecreationDepartmentOperation s Analysis T ABLEOF C ONTENTS I.Introduction...................................................................................................................1 A.StudyPurpose..................................................................................................................................1 B.ExistingValues,Vision,Mission,andGoals......................................................................................1 II.EngagementProcess......................................................................................................3 A.StakeholderInterviews.....................................................................................................................3 B.Strengths,Weaknesses,Opportunities,Threats(SWOT)Analysis...................................................3 III.MarketAnalysis............................................................................................................5 A.DemographicProfile.........................................................................................................................5 B.TrendsandBenefits..........................................................................................................................5 IV.OrganizationandOperations........................................................................................9 A.OrganizationalAssessment...............................................................................................................9 B.MaintenanceAssessment.................................................................................................................11 V.ProgramDelivery...........................................................................................................15 A.CommunicationsandMarketingAssessment..................................................................................15 B.ProgramDeliveryandCustomerServiceAssessment......................................................................16 VI.FinancialOpportunities................................................................................................17 A.PyramidMethodology......................................................................................................................17 B.TraditionalFunding...........................................................................................................................17 C.AlternativeFunding...........................................................................................................................18 VII.RecommendationsandImplementationStrategies.....................................................19 A.RecommendationsandActionPlan..................................................................................................19 B.ActionPlan........................................................................................................................................21 AppendixAΑSWOTAnalysis.............................................................................................27 AppendixBΑKeyIssuesMatrix.........................................................................................35 AppendixCΑBenchmarkingComparisons.........................................................................39 AppendixDΑProposedOrganizationalChart....................................................................53 AppendixEΑ10StepPyramidMethodology.....................................................................57 iiCityofLaPorteParks&RecreationDepartmentOperation s Analysis I.Introduction A.StudyPurpose ThepurposeofthisstudywasdefinedthroughaformalRFPprocess,interactionwithstafftodetermine CriticalSuccessFactors,andvariousmeetings(inpersonandviaconferencecall)withstaffas stakeholdersintheprocess.Theprocessidentifiedthefollowingpurpose: Collectandanalyzedataasitrelatestocurrentmanagementpracticesregardingthe ķĻƦğƩƷƒĻƓƷ͸ƭorganizationandoperations. Utilizingdatafromkeystakeholdersandstafftoobtaininput,evaluatecurrentmethods,and gainunderstandingofpossiblefuturemanagementstrategies. Completeabenchmarkanalysisoflocalandareamarketconditionsofcomparableoperations. Recommendtheassociatedadministration,maintenance,andoperationsgoalsassociatedwith organizationandoperations. DevelopanActionPlanforuseinshortandlongtermgoalsetting/budgetingstrategyforthe ParksandRecreationDepartment. B.ExistingValues,Vision,Mission,andGoals LaPorteislocatedineastHarrisCountyTexas,alongthe GalvestonBay.Thecitywasincorporatedin1892and aźƭƭźƚƓ{ƷğƷĻƒĻƓƷʹ althoughitwasoriginallyarealestateventurefor Toprovideandmanagesuperior agriculture,itwasprimarilyaresorttownuntilafterWorld parksandrecreationalfacilities, WarII. innovativeprograms,andservices thatwillprovideourcustomers Today,LaPortehasastrongindustrialbase,easyaccessto withpleasureandenrichment. theBayport(HoustonShip)Channel,anddiverse (1994) enterpriseschoosingtolocateinthearea,including construction,manufacturing,andengineeringcompanies. ThemissionoftheParksandRecreationDepartment,whichencompassesparksandtrailconstruction andmaintenance,facilitymaintenance,recreationprogramsandfacilities,aswellasmarketing,focuses ontheprovisionofsuperiorservicesthatprovidepleasureandenrichlifestyles.Withthediversityof amenitiesandactivitiesavailableinLaPorte,thecurrentmissionstatementisrealizedindaytoday operations. Inanalyzingoperationsconsideringrecommendations,multipleresourcedocumentswereutilized, including,butnotlimitedto: CityofLaPorteStrategicPlanΛЋЉЊЌΑЋЉЊАΜΑThisdocumentprovidesinformationforVision, Mission,andCoreValues,aswellasspecificactionstepsrelativetoimprovingqualityoflife throughrecreationalamenities(trails,sportsfields,andaquatics). CityofLaPorte2030ComprehensivePlan(2012)ΑDemographicinformationandgoalsrelative toParks,Recreation,andOpenSpacewerereviewed. BicycleandPedestrianTrailImplementationPlan(2003) ParksandRecreationMasterPlan(2002andUpdate2008)ΑReviewofthisplanindicateda strongfocusoninfrastructureneedssuchasparkdevelopmentandtrails. 1CityofLaPorteParks&RecreationDepartmentOperation s Analysis BudgetDocuments:2015,2016,2017RequestedΑThesedocumentsindicatefundingpatterns andfinancialhistory. OrganizationalChartsΑAnalysisoforganizationalstructure,andpositonlevel,iscriticalto consideringefficiencies. OutsideAgreementsΑReviewofexistingIntergovernmentalAgreementsorIndependentUser Groupsisimportantindeterminingallocationoftaxpayerresourcesforthedepartment. NewslettersΑMarketingandcommunicationstrategiesarecriticalforoperations. 2CityofLaPorteParks&RecreationDepartmentOperation s Analysis II.EngagementProcess A.StakeholderInterviews StakeholderinterviewswereconductedwithnumerouselectedofficialsandseniorstaffonSeptember 12,2016.Asummaryofcommentsobtainedthroughthisprocessincluded: Strengthsofthedepartmentincludeleadership,creativity,anddiversityofprograms/facilities, includingspecializedamenities. Weaknessesofthedepartmentincludeparkandfieldmaintenance,reactivevs.proactivestaff, recordingandreportingmechanismsincomplete,lackofperformancemeasurementsthatare usefulandproduceaccountability,andweakmarketing. Opportunitiesforimprovementwerenotedregardingmaintenanceofassets,program management,customerservice,somepotentialforcostrecovery,andorganizationalstructure. Keyareasthatthisdocumentshouldaddresswerenotedasefficiency,maintenance, programminglevels,andstaffingconsiderations. B.Strengths,Weaknesses,Opportunities,Threats(SWOT)Analysis FurtherinputwasconductedintheformofaSWOTanalysisconductedSeptember12,2016.Keyissues identifiedduringthisprocessarepresentedbelowasidentifiedbystaffwithafullsummaryin Appendix A.Theseissuesalsohelpedinframingtherecommendedactions. MajorStrengthswithHighImportance Leadership(decisive,informative) Teamwork CustomerService VarietyOfAmenities CreativeEvents ProgramAssortment DiverseStaff MaintenanceofParks/Trails MajorWeaknesseswithHighImportance Staffing EnforcingPoliciesandProcedures Maintenance/StorageofEquipment ITProcess/Procedures CommunityCenterParticipation CostRecovery SponsorshipPolicy LOSStandardsLacking SportAssociationFieldMaintenance ContractedServices(Maintenance) 3CityofLaPorteParks&RecreationDepartmentOperation s Analysis OpportunitiesthatareAttractivewithHighProbabilityofSuccess CompleteTrailConnections AnalyzeOrganizationalStructure DevelopingPolicy/ProcedureManuals OpportunitiesthatareHighlyAttractivewithLowProbabilityofSuccess AdditionalRecreationCenter Event/ConferenceCenter AccessiblePlayground AquaticsUpgrades/Renovations Natatorium SportAssociationCollaborations InHouseFitnessStaff LPISDIGAs SpecialProjectsGroup PRAdvisoryBoard KidzZoneatFitnessCenter DevelopingProgramandEventStandards AddingProgramsandAmenities(Boating,DiscGolf,PaddleBoarding,SandVB,Etc.) ThreatsthatarehighlySeriouswithaHighProbabilityofOccurrence EnvironmentalIssues ClosingCommunityCenters AlternativeProviders ContractMaintenance Staffthendevelopedavisionforthedepartmentthatfeatured strongleadershipofadepartmentthat wasaccountablebutflexibleinassignments,workingeffectivelyandefficientlytoprovidequality servicesandamenitiesfortheresidentsofLaPorte. AKeyIssuesMatrixcanbefoundin AppendixB,whichoutlinesthethemesandsourcesoftheseissues, alongwithearlyrecommendationconsiderations. 4CityofLaPorteParks&RecreationDepartmentOperation s Analysis III.MarketAnalysis A.DemographicProfile 1 Demographicsareusedtoprojectpotentialuseordemand.WhileLaPortehasanaverageageolder thantheStateofTexas,theaverageincomeisnearly$9,000less.Thepopulationof35,039isayounger, workingclasscommunity,indicatedbystatisticsin Table1 below. Table1:LaPorteDemographics CityofLaPorte Population35,039 LaPorteMedianAge35.5 TexasMedianAge34 Households11,218 LaPorteMedianHouseholdIncome$65,965 TexasMedianHouseholdIncome$74,537 MeanRetirementIncome$20,444 Inadditiontounderstandingthedemographicsofthecommunity,understandingtrendsassociatedwith thepredominantagecohortsishelpfulinrespondingtocommunityneedsandsettinggoals. B.TrendsandBenefits Trendsarehelpfulinconsideringtypesofamenities,programs,andactivitiesthatmaybeattractiveto visitors.Thefollowingidentifiessomebroadprogrammingandagerelatedtrendsthatwillinfluence currentandfutureuseandarehelpfulinaddressingprogramoramenitychangesforLaPorte. HealthyLifestylesΑBicycling,Walking,andTrailsforAlternativeTransportation Toagreaterextent,localgovernmentsareacceptingtheroleofprovidingpreventativehealthcare throughparkandrecreationservices.ThefollowingfactsarefromanInternationalCity/County 2 Managementlocalgovernmentsurvey: Eightyninepercent(89%)ofrespondentsindicatedthatparksandrecreationdepartments shouldtaketheleadindevelopingcommunitiesconducivetoactiveliving. Eightyfourpercent(84%)hadalreadyimplementedrecreationprogramsthatencourageactive livingintheircommunity. Thehighestpriorityselectedforthegreatestimpactoncommunityhealthandphysicalinactivity wasacohesivesystemofparksandtrailsandaccessibleneighborhoodparks. Bicyclefriendlycitieshavebeenemergingoverthelast10years.Cyclinghasbecomeapopularmodeof transportationaspeopleconsidertherisingcostoffuel,thedesireforbetterhealth,andtheconcernfor theenvironment. 1 http://www.citydata.com/city/LaPorteTexas.html 2 ͻ!ĭƷźǝĻLivingApproachedbyLocalGovernment:{ǒƩǝĻǤͲͼInternationalCity/CountyManagementAssociation, http://bookstore.icma.org/freedocs/Active%20Living%20and%20Social%20Equity.pdf,2004. 5CityofLaPorteParks&RecreationDepartmentOperation s Analysis Trailscanprovideawidevarietyofopportunitiesforbeingphysicallyactive,suchaswalking,running, andhiking;rollerblading;wheelchairrecreation;bicycling;crosscountryskiingandsnowshoeing;fishing andhunting;andhorsebackriding.Aconnectedsystemoftrailsincreasesthelevelofphysicalactivityin 3 acommunityhasbeenscientificallydemonstratedthroughthe/5/͸ƭTrailsforHealthInitiative.In responsetotheseconnections,AmericanTrailshaslaunchedaͻIĻğƌƷŷandƩğźƌƭͼresourcesectioninits website:http://www.americantrails.org/resources/benefits. AdministrationTrendsinRecreationandParks Municipalparksandrecreationstructuresanddeliverysystemshavechanged,andmorealternative methodsofdeliveringservicesareemerging.Certainservicesarebeingcontractedout,andcooperative agreementswithnonprofitgroupsandotherpublicinstitutionsarebeingdeveloped.Newerpartners includethehealthsystem,socialservices,thejusticesystem,education,thecorporatesector,and communityserviceagencies.Thesepartnershipsreflectbothabroaderinterpretationofthemandateof parksandrecreationagenciesandtheincreasedwillingnessofothersectorstoworktogethertoaddress communityissues.Therelationshipwithhealthagenciesisvitalinpromotingwellness. Thetraditionalrelationshipwitheducationandthesharingoffacilitiesthroughjointuseagreementsis evolvingintocooperativeplanningandprogrammingaimedataddressingyouthinactivitylevelsand communityneeds. Listedbelowareadditionaladministrativenationaltrends: LevelofsubsidyforprogramsislesseningandmoreͻĻƓƷĻƩƦƩźƭĻͼactivitiesarebeingdeveloped, therebyallowingsubsidytobeusedwheredeemedappropriate. Informationtechnologyallowsforbettertrackingandreporting. Pricingisoftendeterminedbypeak,offpeak,andoffseasonrates. Moreagenciesarepartneringwithprivate,public,andnonprofitgroups. AgencyAccreditation Parksandrecreationagenciesareaffirmingtheircompetenciesandvaluethroughaccreditation.Thisis achievedbyanğŭĻƓĭǤ͸ƭcommitmentto150standards.Accreditationisadistinguishedmarkof excellencethataffordsexternalrecognitionofanƚƩŭğƓźǩğƷźƚƓ͸ƭcommitmenttoqualityand improvement. TheNationalRecreationandParksAssociationadministrativelysponsorstwodistinctaccreditation programs:TheCouncilonAccreditationofParks,Recreation,TourismandRelatedProfessions(COAPRT) approvesacademicinstitutionsandtheCommissionforAccreditationofParksandRecreationAgencies (CAPRA)approvesagencies.Itistheonlynationalaccreditationofparksandrecreationagencies,andis avaluablemeasureofanğŭĻƓĭǤ͸ƭoverallqualityofoperation,management,andservicetothe community.Therearecurrentlyover130agenciesaroundthenationthathavereceivedthe CAPRA accreditation. 3 ͻDǒźķĻtoCommunityPreventive{ĻƩǝźĭĻƭͲͼCentersforDiseaseControlandPrevention, http://www.thecommunityguide.org/index.html 6CityofLaPorteParks&RecreationDepartmentOperation s Analysis AdditionalbenefitsofCAPRAaccreditationinclude: Boostsstaffmorale Encouragescollaboration Improvesprogramoutcomes Identifiesagencyandcostefficiencies Buildshighleveloftrustwiththepublic Demonstratespromiseofquality Identifiesbestmanagementpractices AmericanswithDisabilitiesAct(ADA)Compliance OnSeptember14,2010theU.S.DepartmentofJustice(DOJ)issuedanamendedregulation 4 implementingtheAmericanswithDisabilitiesAct(ADA2010Standards)and,forthefirsttime,the regulationswereexpandedtoincluderecreationenvironmentdesignrequirements.Coveredentities weretobecompliantwithdesignandconstructionrequirementsandthedevelopmentofthreeyear transitionplanbyMarch15,2012.Thedeadlineforimplementationofthethreeyeartransitionplan wasMarch15,2015. Funding Accordingto RecreationManagement ƒğŭğǩźƓĻ͸ƭ2015StateoftheIndustryReport,surveyrespondents fromparksandrecreationdepartments/districtsreportingabouttheirrevenuesfrom2012through 2014indicatedacontinuedrecoveryfromtheimpactoftheRecessionof2008.From2013to2014,44.1 percentofrespondentsreportedthattheirrevenueshadeitherhadincreasedandanother44.1percent reportedrevenuesstayingsteady.About48.7percentofrespondentssaidtheyexpectedrevenuesto continuetoincreasein2015,while44percentexpectednochange. 4 U.S.DepartmentofJustice,AmericanswithDisabilitiesAct,ADAHomePage,http://www.ada.gov/,accessedNovember15, 2012. 7CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK IV.OrganizationandOperations A.OrganizationalAssessment Organizationsshouldbetreatedasalivingbeing,subjecttogrowthandchange.Thecurrent organizationoftheLaPorteParksandRecreationDepartmentwascomparedtoseveraloutside agenciesaswellasstudiedinternally. ComparativeOperations Agencieswithsimilaroperationsprovideddatatostaffforcomparisons.Whilethisprovideslimited data,thesummaryshownbelowin Table2 highlightssomeinterestinginformationinoperations.Afull tablewithmanyothercomparisons(suchastypesofprograms,staffduties,anddiversityofpark amenities)isincludedin AppendixC;staffisencouragedtocontinuetocollectthisdataforfuture referenceinformation. Table2:AgencyComparisons AgencyLaPorteLeagueCityBaytownDeerParkTexasCity Populationserved 35,039100,50075,41833,00047,000 O&MDept.Revenue$510,229$2,815,13$1,300,000$1,665,754$1,146,431 O&MDept.Expense$4,254,428$4,506,881$2,970,348$6,338,935$7,303,655 Dept.CostRecovery 12%62%44%26%16% Acresmaintained(excludes 10436374498652 openspace&contracted) Acresmaintained(includes openspace&contracted=ALL 188409776156652 acres) FTE*forparks/trails 15.522391918 Acres/FTE(excludesopenspace 717195368 &contracted) Acres/FTE(ALLacres)121920836 Contractedmaintenance YesYesYesYesNo Contractedprograms 1812147253018 FTEforallrecreation 15.52641211 AdvisoryBoard NoYesYesYesYes *FullTimeEquivalent 9CityofLaPorteParks&RecreationDepartmentOperation s Analysis Severalinterestingcomparisonscanbedrawnfromthisdata,keepinginmindthatmanyotherfactors influencethedataforeachorganization.Briefly: LaPortehasthelowestcostrecovery.Whilenotallagenciesascribetoaformalcostrecovery methodology,revenues(dedicatedorotherwise)helptooffsetexpenses. LaPortehasalowacre/FTEmaintenanceratioatseven,excludingopenspaceandcontracted acres(12acres/FTEincludingopenspaceandcontractedacres).Notinganationalaverageof 5 approximately15acresperFTE,thiswouldindicateopportunitytoimproveefficiency.Itshould benotedthatevenopenspaceoracresmaintainedbycontractstillrequiresoversightbythe Department.Additionally,someresponsibilitiesoftheͻ{ƦĻĭźğƌtƩƚƆĻĭƷƭͼcrew(maintaining playgrounds,fibarmulch,andforestry)areclassifiedasmaintenance,alongwithseasonalstaff, thusincreasingtheFTEassignedanddecreasingtheratioofacres/FTE.Forcomparison purposes,itispossiblethatotheragenciesdidnotreportFTEsinthesamecapacity. LaPorteutilizesfewercontractorsforprogramsyetmaintainsandequitablefulltimestafffor comparablesizedcommunities.Theremaybepotentialforprogramgrowththroughcontractual orpartnershipopportunities. LaPorteistheonlyagencyinthiscomparisonthatdoesnotutilizeanadvisoryboardforthe department.Advisoryboardsaddalevelofexpertiseandaccountability,making recommendationsdirectlytoCityCouncil. MissionandVision TheoverallgoalofthedepartmentiscapturedintheMissionStatementdevelopedin1994.AMission StatementandVisionshouldbeaunifying,focalpointforalldaytodayoperationstoachievethevision ascapturedintheSWOTAnalysis.MasterPlansalsoprovidestrategicdirectionandshouldbeupdated onaregularbasistoincludecommunityneedsassessment. OrganizationalStructure LaPortefunctionsunderatypicalhierarchicalorganizationalchartwithanelectedMayorandCity CounciloverseeinganappointedCityManagerwithseveralDepartmentHeads(Directors)reporting directly.TheDirectorofParksandRecreationcurrentlyhasfivedirectreportsatvariouslevels.Notall positionsthatsharesimilartitleshavecomparableresponsibilitiesorreportingauthority.Similar functionscanbegroupedtogetherandshiftedtodifferentdivisions,suchascombiningFacility MaintenancewithSpecialProjectsandcrosstrainingstafftocreateabiggerpoolofqualifiedstaffin specificareas.Additionally,programstaffcanallfallunderͻwĻĭƩĻğƷźƚƓtƩƚŭƩğƒƭͲͼwhileincreasingthe ͻhƦĻƩğƷźƚƓƭͼ{ǒƦĻƩźƓƷĻƓķĻƓƷ͸ƭrole.OperationsshouldincludeallCustomerServicestaff(currently customerserviceandfitnessattendants)againtobecrosstrainedandperformavarietyoffunctions. Thisallowsthestafftoberesponsiblefordepartmentalassetsaswellasberesponsivetocaringfor municipalassetsandrelatedfunctions.Developmentofcrosstrainingopportunitiestypicallyincreases efficiencyandoffersͻƒǒƌƷźƷğƭƉźƓŭͼacrossadiversityofrelatedassignments.Jobdescriptionsshould reflectresponsibilitiesandperformancemeasuresandshouldentailacceptingapplicationsfrom qualifiedindividualsfornewlydefinedjobs.Astreamlinedorganizationalchartconsidersthese challengesasnotedbelowIn Figure1.Thefulldetailchartcanbefoundin AppendixD. 5 NationalParkandRecreationAssociation,ParksandRecreationNationalDatabaseReport,2013;page12. 10CityofLaPorteParks&RecreationDepartmentOperation s Analysis Figure1:LaPorteProposedOrganizationalOverview DirectorofParksand Recreation (1FT) Secretary (1FT) ParksandFacilitiesRecreationServicesOperations ManagerManagerSuperintendent (1FT)(1FT)(1FT) Marketing ParksMaintenanceSpecialServices SupervisorSupervisor Supervisor (12FT,1PT,2S)(5FT,2PT,1S) (2FT) RecreationServicesCustomerService FacilitiesSupervisor SupervisorSupervisor (9FT) (3FT,67S)(2FT,5PT) Supplementingstaffwithvolunteeropportunities,interns,andparttimeorseasonalpositionsare effectivewaystoenhanceserviceswithminimalfinancialimpact.AdoptaParkandAdoptaTrailtype programsinstillasenseofownershipandprideinthecommunity.Serviceorganizationsarealsolikely sourcesofvolunteers. B.MaintenanceAssessment LevelofServiceStandards LevelofServiceStandardsprovidecleardirectionandcommunicationformaintenanceexpectations, definingwho,what,when,where,why,andhow.Withoutsuchstandardsandwithmaintenanceof certainathleticfieldscomplicatedbyuseagreementswithoutsideagencies,servicelevelscanfalland increaseriskandliability.Assumingcontrolofallmaintenanceandestablishinguserfeestofundsuch undertakingallowsforconsistency.Mowcrewsshouldhavethetrainingandflexibilitytomaintaina diversityofsitesandstyles. 11CityofLaPorteParks&RecreationDepartmentOperation s Analysis CreatingͻƦƚƚƌƭͼofstaffthatcanperformbothstandardandspecializedtaskscanincreaseefficiency. LimitingͻǒƦƦĻƩƌĻǝĻƌͼsupervisionandhavingalargergroupofcrosstrainedstaffcanincrease productivity.Withineachteamgroup,teamleadersmayexistoremergetotakeonmoreresponsibility fortaskmanagement. Manyorganizationsfindthatparksstaff,amongothers,areoftencalledawayfromatasktorespondto theneedsofanotherdepartmentorfacility.Whiletoacertainextentthismightbeacceptable,tracking requests,timespent,andoutcomesviaaworkordersystemcanbeverybeneficialinreportinghowor whylevelsofservicemightnothavebeenmet,orinconsideringbudgetaryimpacts.Relatedtothis couldbetheuseofatimeclockreportingsystemforreportingaccuracyofhoursworked.Itmaybe helpfultohaveanideaofestimatedtimerequiredtoperformkeytasksasshowninlaborratiofigures 6 developedbyNRPAin Table3 below.Regardingmunicipalbenchmarks,DavidN.Ammonsreportsthat, ͻ!ƌƷŷƚǒŭŷeverymunicipalitymaywishtodesignitsownstandardstoreflectlocalpreferencesand conditions,itneednotstartfromƭĭƩğƷĭŷ͵ͼSuchsourcesprovideexcellentbaselinedata. 6 MunicipalBenchmarks:AssessingLocalPerformanceandEstablishingCommunityStandards,DavidN.Ammons,1996. 12CityofLaPorteParks&RecreationDepartmentOperation s Analysis Table3:LaborRatiosforMaintenanceActivities AgingInfrastructure,Equipment,andADA Dealingwithaginginfrastructureisatwofoldconcern.First,theAmericanswithDisabilitiesAct requiredagenciestodevelopaTransitionPlanby2012forprovidingaccesstorecreationalamenities. TransitionPlansincludethestrategyforreplacingnonaccessibleequipmentasusefullifespanis realized.Secondly,knowingestimatedlifecyclesofequipmentandinfrastructureallowsforreasonable planningforreplacement. 13CityofLaPorteParks&RecreationDepartmentOperation s Analysis Equallyasimportantashavingproperequipmenttocompletejobassignmentsiscorrectlymaintaining andstoringsuchequipment.Protectingequipmentfromweatherandsalterosionisimperative. Safetyshouldbearegularcomponentofstafftrainingandevaluation.ManyͻğĭĭźķĻƓƷƭͼare preventablewithproperongoingsafetyinformationandemphasisaspartofthecultureofthe organization. 14CityofLaPorteParks&RecreationDepartmentOperation s Analysis V.ProgramDelivery A.CommunicationsandMarketingAssessment CommunicatingaķĻƦğƩƷƒĻƓƷ͸ƭmissionandvisionsprovidesamessagetothecommunitythat correlatestoservicesandamenities.Utilizingthemessageonprintandelectronicmediaishelpful. Equallyimportantisvisibilityofthesameinfacilities. MarketingPlanstypicallyidentifybrandingtobeutilizedintheformofconsistentmessagingandlogo 7 onmaterialsandinfacilities.Planscanvary;asimpleoutlineisincludedin Figure2. Figure2:SimpleMarketingPlanStructure AMarketingPlanalsoshouldincludeidentifyinglocationsforcommunicatingthemessageand identifyingapresenceforthedepartmentinotherlocalfacilities,suchasCityHall,Library,clinics,etc.as wellasaffiliationswithalternativeserviceproviders. 7 Packebush,Dylan,CPRP,MBA,GreenPlayLLC;AMarketingPlaninSixSteps,2016 15CityofLaPorteParks&RecreationDepartmentOperation s Analysis B.ProgramDeliveryandCustomerServiceAssessment LaPortemaintainsseveralrecreationfacilities: Fitness/RecreationCenter NormanMaloneSeniorCenter SPORTΑGymnasium&SpecialProgramsCenter 4CommunityCenters(CharlesWalker,Brookglen,EvelynKennedy,andJennieRiley) 4swimmingpools(Fairmont,WavePool,Northwest,andSanJacinto) 3Splashpads(Brookglen,MartinLutherKing,Fairmont) Thesefacilitiesoffergooddiversityofprogramsforavarietyofages,interests,andabilities. Participationrateshaveincreasedinsomekeyareas,andfacilityuseisnearmaximumcapacity,while otherprogramareashavedeclinedsignificantly.Evaluationofprogramparticipationandfacilityuseis imperativetojustifyexpenditures.Simplereportingmethodshelpupperleveladministrationand electedofficialsunderstandtheimplications.Eliminatingorpartneringonprograms,orevencombining programelements(suchasreplacingunderutilizedoutdoorpoolswithsplashpadsorofferingbefore afterschoolcareatlocalelementaryschoolsvs.communitycenters)arealsoeffectivetoolsfor providingefficientprogramdelivery.Thesameistrueforstafffunctions,suchasconsistencyin customerserviceattendantsacrossallfacilitiesandatrentals. Effectiveprogramdeliveryisoftenamixtureofservicesthataredeliveredbystaff,contract,and partnershipswithoutsideagencies.Thelocalschooldistrictisalogicalpartner;manycommunities developjointuseagreementsforcommunityamenitiesthathavebeensupportedbythesametax payers.Youthathleticleaguesarealsoaviablealternativeforprovidingprogramstothisagegroup,and typicallysupporttheprovisionoffieldsandamenitiesbypayingfieldrental/userfeesandcontributing toscheduledcapitalneeds.Additionally,staffliaisonswiththeboards/decisionmakersofsuchoutside usergroupshelpscreatepositiverelationshipsandseamlessserviceprovision.Manyotheralternative serviceprovidersofferopportunitiesforprogramexpansionthroughcontractsorpartnerships. Overall,policyandproceduremanualsprovidespecificdaytodayoperationalͻźƓƭƷƩǒĭƷźƚƓƭͲͼandare helpfulfortrainingandempoweringstaff.Manualsalsoaregreatcustomerservicetools,butongoing trainingandclearcommunicationneedstobeaculturalvalue.Inadditiontopoliciesandprocedures, targetsforfacilityandprogramattendanceshouldreflectfinancialandsocialgoalsandbestrategically addressedinaMarketingPlan,aspreviouslymentioned. 16CityofLaPorteParks&RecreationDepartmentOperation s Analysis VI.FinancialOpportunities A.PyramidMethodology Thecreationofacostrecoveryandsubsidyallocationphilosophyandpolicyisakeycomponentto maintaininganğŭĻƓĭǤ͸ƭfinancialcontrol,equitablypricingofferings,andhelpingtoidentifycore servicesincludingprogramsandfacilities.Asoperationalcostscontinuetoincrease,revenuesmust increaseatahigherrateinordertomaintaincurrentcostrecovery,ifthatisthedesire.Anestablished costrecoverypolicywillhelptoallocateappropriateresourcesandchargeappropriatefeesforservices tomeetcostrecoverytargets.Abeneficialsummaryofthepyramidmethodologydevelopedby GreenPlay,LLC,isillustratedhereandwithmoredetailin AppendixE. Thedevelopmentofafinancialresourceallocation philosophyandpolicyisbuiltuponaverylogical foundation,baseduponthetheorythatthosewho benefitfromparksandrecreationservicesultimately payforservices,anditisguidedbypublicopinion. Furtheranalysisofcostrecoveryandresource allocationwouldhelptoguidelongtermdevelopment andoperationsdecisionsforLaPorte. ThefullPyramidMethodologycanbepresentedto staffinafocusedworkshopuponfurtherrequest. B.TraditionalFunding LaPorteParksandRecreationDepartmentisfundedthroughavarietyoftypicalmethodsincluding generalfundsubsidyandfees/chargesforvariousservicesandfacilities.ASummaryofrevenuesand expendituresisprovidedin Table4 below. Table4:RevenuesandExpenditures Revenues$510,229 Expenditures$4,254,428 Net$3,744,199 CostRecovery 12% LaPorteadoptsanannualbudget.Whilesomelongrangeplanningoccursvialifeexpectancyof playgrounds,thispracticehasnotbeenexpandedtootheramenities.Doingsocouldallowfor developmentofaprojectedCapitalImprovementProgram(CIP);threetofiveyearsisdesirablefor anticipatingneedsandtheabilitytoseekappropriatefunding,eithertraditionaloralternative. 17CityofLaPorteParks&RecreationDepartmentOperation s Analysis C.AlternativeFunding Alternativefundingmightbeconsideredforoperationalchangesandcapitalinthefutureorforkey projects.Thereareavarietyofmechanismsthatlocalgovernmentscanemploytoprovideservicesand tomakepublicimprovements.Dedicatedparksandrecreationoperatingandcapitaldevelopment fundingcancomefromconventionalsourcessuchassales,use,andpropertytaxreferendavotedupon bythecommunity,alongwithdeveloperexactions.Operatingfundsaretypicallycappedbylegislation; mayfluctuatebasedontheeconomy,publicspending,orassessedvaluation;andmaynotalwayskeep upwithinflationaryfactors.Inthecaseofcapitaldevelopment,ͻĬƚƩƩƚǞĻķŅǒƓķƭͼsunsetwiththe completionofloanrepaymentandarenotavailabletocarryoverorreinvestwithoutvoterapproval. Somestrategiesarecurrentlyinusetosomeextent,andothersarelikelytobeconsideredasnoted below. LaPorteAdministrativestaffreviewedavarietyoffundingmechanismsthattheycurrentlyorcould easilyutilize.Someareasofnotetopursueinclude: Interlocalagreements Sponsorships Philanthropicopportunities Staffalsoidentifiedareasthecitydefinitelywouldconsider.Someareasofnotetopursueinclude: Developmentfeeimpacts Privatization Partnerships Bulkpurchasing Sustainablepractices Adoptingpoliciesandpracticesintheseareaswillfacilitatepursuit.ThefullFundinginventorywas completedinaseparatedocument. 18CityofLaPorteParks&RecreationDepartmentOperation s Analysis VII.RecommendationsandImplementation Strategies A.RecommendationsandActionPlan Summary TheserecommendationsareconsistentwithandsupporttheMissionStatement.Theyaresummarized here,anddetailedintheActionPlan. Goal1:Enhanceoverallorganizationalefficiency Objective1.1:Providefocusanddirectionforstaff Althoughcurrentleadershiphasbeeninplaceforacoupleofyears,previousleadershiphadbeenin placeforalongtime.Staffcouldbenefitfromleadershipdefiningafocusandvisiontomeetcommunity needsandastrategytoaddresslongrangeplanning,includingupdatingthedepartmentalMasterPlan. Objective1.2:Createstreamlinedorganizationalstructure Organizationalstructurehassomerepetitivefunctionsthatcouldbecombinedandstaffcrosstrained formoreefficientoperationsandscheduling.Thisentailscreatingthreedivisions:ParksandFacility Maintenance,RecreationPrograms,andOperations.Additionally,someindividualtaskgroupsare recommendedtobemovedtootherdivisions. Objective1.3:Staffjobsappropriately Developing,revising,andupdatingjobdescriptionstomatchtheorganizationalchartisimperative.This goesalongwithreviewingclassificationonthepayscale,recruitmentandplacementofqualifiedstaff, andcommunicatingexpectationsforaccountability. Objective1.4:CommunicateͻĭǒƌƷǒƩğƌͼexpectations Safetyinoperationsandequipmentmaintenance/useshouldbeaculturalexpectationandclearly communicatedthroughtrainingandaccountability.Oncejobdescriptionswithappropriateperformance standardsareinplace,andthepositionsareappropriatelystaffed,measurementstomeetthose performancestandardsneedtobeconsistentlyevaluated.Meetingstandardsshouldberewarded throughanexistingorenhancedemployeerecognitionprogram.DevelopingPolicyandProcedure manualsnotonlyassistsintrainingbutalsohelpsempowerstaff. Objective1.5:Utilizereportingtoolsforcommunication Trackingsystemsforworkorders/requestswouldbehelpfulindeterminingimpactonoperations,as wellasresponse,timeandoutcomes.Electedofficialsandadministrationcanbekeptinformedwitha varietyofreportsconcerningprogramandfacilitymeasurementsasitrelatestoperformance measurements.WhilecurrentlyworkordersandtimearetrackedinExcel,avarietyofspecialized programsmayeasereportingandtrackingandassureaccuracy. Objective1.6:UtilizeAdvisoryBoardsandTaskForces TheDepartmenthasahistoryofutilizingtaskforcestohelpprovidefeedbackandproblemsolve;this effortshouldcontinueasneedarises.AnAdvisoryBoardcanbothassisttheDepartmentstaffwith advocacyandcommunication,aswellasassisttheCityCouncilbyhavingthetimeandexpertiseto engagemorethoroughlyindaytodayoperations. 19CityofLaPorteParks&RecreationDepartmentOperation s Analysis Goal2:Enhancemaintenanceoffacilitiesandamenities Objective2.1:AdoptLevelofServiceStandards TheDepartmentshouldcompileandadoptdetailedLevelofServiceStandardsthatdefinemaintenance tasksateachsite,whoperformsthem,howtheworkistobeperformed,timeofyear/month/daythe workshouldbecompleted,andtimerequiredtoperformsuchtasks.Continuedbenchmarkingcanassist withdeterminingtimeandstrategy.Outcomesshouldbeclearlydefined.Notonlydoesthisallowfor communicationofexpectations,itservesasagreattrainingtool. Objective2.2:Protectassets Equipmentisstoredoutsideandsubjecttosun,rain,andsaltinfluence,thusincreasingmaintenanceor decreasingthelifeexpectancy.Staffhasdoneagreatjobdevelopingareplacementschedulefor playgroundequipment.Thiseffortshouldbeexpandedtoincludeothersiteamenitiessuchasbenches, tables,shelters,courts,etc.Insomefacilities,decliningattendancemayoverridethefeasibilityofsuch assetsandshouldbeevaluated,alongwiththeseparationorcombiningofkeyfeatures. Objective2.3:Enhancemaintenancepractices Avarietyofvolunteerprogramscanhelpsupplementmaintenancepracticesinkeyareas.Insome facilities,decliningattendancemayoverridethefeasibilityofsuchassetsandshouldbeevaluated,along withtheseparationorcombiningofkeyfeatures.Developingjointuseagreementswithoutside agenciescanprovideaccesstomoreamenities.Additionally,existinguseagreementsshouldbe evaluatedforeffectivenessinmaintenanceofmunicipalassets.Crosstrainingandcreatingoverlapping schedules(flexscheduling)canprovideforapoolofemployeestoutilizeinmultiplesites. Objective2.4:SeekcompliancewithADAStandards TheDepartmentisrequiredtohaveanADATransitionPlaninplaceandneedstocompletethistask. Objective2.5:Seekenergyefficientoperations Conductenergyauditsandadoptstewardshipprinciplesorgreenpractices,includingrecyclingand greenpurchasingpolicies. Goal3:Enhanceprogramdeliveryandcustomerservice Objective3.1:Enhanceprogramcapacityanddiversity Establishingattendancetargetsprovidesameasurementforevaluation.Useofcontractualinstructors andPartnershipsallowsforprogramexpansionwithoutincreasingstaff.Asevidencedbylow attendanceatAfterSchoolprogramsatsomeCommunityCenters,theseprogramsmightbebetter servedatthelocalelementaryschools.Aspreviouslymentioned,aNeedsAssessmentwouldassiststaff inconsideringadditionalprograms. Objective3.2:Increaseefficiencyofspecialevents Aformalprocessshouldbeutilizedforconsideringandapprovingspecialevents.Partnershipsprovide opportunitiesforadditionaleventswithlimitedimpactonstaff. Objective3.3:Increaseefficiencyofcustomerservicestaff Allcustomerservicestaff,fitnessattendants,andcaretakersperformsomesimilarfunctions.Cross trainingandcreatingoverlappingschedules(flexscheduling)canprovideforapoolofemployeesto utilizeinmultiplesites. 20CityofLaPorteParks&RecreationDepartmentOperation s Analysis Goal4:Enhancefinancialsustainability Objective4.1:Developpoliciesthatcontributetocostrecovery CostRecoveryshouldbeacommunitydriveninitiativereflectingcommunityvalues.Notonlydoesthis provideaframeworkfordiscussionofprogramfees,itinvitesthepublictolearnmoreaboutthe Department.Scholarshipprogramscanassistthoseinneed.SponsorshipandPartnershipopportunities, underapprovedpoliciesalsoprovidegreatfundingpotential(orprogram/amenities).Avarietyof alternativefundingcanalsosupplementrevenue. Objective4.2:Ensurethatfeesandchargesmeetgoals FeesaresimplytheendresultofaCostRecoveryPhilosophy,andshouldbeevaluatedannuallyto ensurethatgoalsarebeingmet.Rentalratesshouldbeevaluatedformarketcomparisons. Objective4.3:MaximizeuseragreementsandIGAs Outsideusergroupsshouldbeinvestedintheassetstheyutilizeviauserfees(rental)andcontributions toCIPrelatedprojects.Alongwiththiseffort,theabilitytoplanaheadforCIPrelatedprojectsis imperative. B.ActionPlan ThefollowingGoalsaredrawnfrompublicinput,inventory,levelofserviceanalysis,findingsfeedback, andinformationgatheredduringtheplanningprocesswithaprimaryfocusonimprovingoperations. Costsassociatedwithimplementationaredependentontheextentoftheenhancementsand improvementsdeterminedandfinaldesign. Timeframetocompleteisdesignatedas: Shortterm(upto1years) Midterm(12years) Longterm(24years) Thesegoalsshouldbereviewedonanannualbasisinconjunctionwiththebudgetprocesstoeliminate completeditems,updateprioritiesandcosts,andchangetimeframesasrequired. Goal1:Enhanceoverallorganizationalefficiency Objective1.1:Providefocusanddirectionforstaff ActionsTimeframetoComplete 1.1.a ShortTerm ReviewMissionStatementandutilizeasmotivationaltool. 1.1.b ConductaNeedsAssessmentsurveytodeterminecommunityexpectations(inconjunctionMidTerm withMasterPlan). 1.1.c MidTerm UpdateandadoptMasterPlanwithimplementationstrategies. Objective1.2:Createstreamlinedorganizationalstructure ActionsTimeframetoComplete 1.2.a Combineyouth,adult,seniors,fitness,athletics,aquatics,andtherapeuticintooneShortTerm RecreationDivision. 21CityofLaPorteParks&RecreationDepartmentOperation s Analysis 1.2.b ShortTerm Combinespecialprojectsteamwithfacilitiesmaintenance,crosstrain 1.2.c CreateOrganizationalSuperintendent;movemarketingfunctionsandallcustomerShortTerm service/buildingattendants,crosstrain. 1.2.d Shortterm Movedepartmentaladministrativesupport(secretary)toDirectorreport. Objective1.3:Staffjobsappropriately ActionsTimeframetoComplete 1.3.a ShortTerm Developorrevisejobdescriptionstoreflectrevisedorganizationalstructure. 1.3.b ShortTerm Developperformancemeasurementstocorrelatewithjobdescriptions. 1.3.c ShortTerm Communicatewithstafftopresentcultureofaccountability. Objective1.4:CommunicateͻĭǒƌƷǒƩğƌͼexpectations ActionsTimeframetoComplete 1.4.a ShortTerm Developsafetytrainingprogram,includegoalsandoutcome. 1.4.b ShortTerm UtilizeEmployeeRecognitionProgramtoreinforcepositivebehaviors. 1.4.c ShortTerm Provideaccesstoinformationforallstaff(PTemailaddresses;sharedcomputers) 1.4.d ShortTerm Developpolicyandproceduremanualsforstafftrainingandempowerment. Objective1.5:Utilizereportingtoolsforcommunication ActionsTimeframetoComplete 1.5.a ShortTerm Implementworkordertrackingsystemforaccountability. 1.5.b DevelopandutilizeotherreportingtoolstokeepupperleveladministrationandelectedShortTerm officialinformed. 1.5.c ShortTerm Consideruseofatimeclockorotheraccuratetrackingoftimeworked. Objective1.6:UtilizeAdvisoryBoardsandTaskForces ActionsTimeframetoComplete 1.6.a MidTerm ConsiderAdvisoryBoarddevelopment. 1.6.b OnGoing ContinuetoutilizeTaskForcesforspecificneeds. Objective1.7:Increasevisibilityofdepartment ActionsTimeframetoComplete 1.7.a MidTerm DevelopaMarketingPlanforprogramsandfacilities. 1.7.b ShortTerm Providedepartmentalinformationinotherkeyfacilities(CityHall,Library). 1.6.c ShortTerm Developrelationshipswithkeylocalmediaformarketing(print,radio,Chamber,etc.). 1.6.d ShortTerm Assignstaffliaisonstooutsideusergroupstoincreasecommunicationandexpectations. 22CityofLaPorteParks&RecreationDepartmentOperation s Analysis Goal2:Enhancemaintenanceoffacilitiesandamenities Objective2.1:ImplementLevelofServiceStandards ActionsTimeframetoComplete 2.1.a Reviewandcollecttargetedbenchmarkcomparisonsandbestmanagementpractices,ShortTerm includingutilizingdataavailablefromtheNationalRecreationandParkAssociation. 2.1.b DevelopandadoptlevelofservicestandardsforparkoperationsreflectiveofMidTerm risk/concerns. Objective2.2:Protectassets ActionsTimeframetoComplete 2.2.a LongTerm Exploreopportunitiesforindoorstorageofkeyequipment. 2.2.b MidTerm Developassetinventory/replacementschedule. 2.2.c LongTerm Evaluatereplacementoflowattendancepoolswithsprayparks. 2.2.d Evaluatecombinationofkeyfeatures(sprayparks/pools)toavoideliminatingadmissionLongTerm fees. 2.2.e Evaluatefacilitieswithlowattendance/useandconsidereliminating/consolidating(i.e.LongTerm poolsandsprayparks). Objective2.3:Enhancemaintenancepractices ActionsTimeframetoComplete 2.3.a ConsiderdevelopingvolunteerprogramstoassistwithminormaintenancefunctionsLongTerm (AdoptaPark,AdoptaTrail). 2.3.b Evaluatedualfacilitiestoavoidduplicationandtoavoideliminatingrevenuesources(i.e. poolstypicallyhavefee;sprayparkstypicallydonothavefeeΑconsiderfencingandLongTerm pass/wristbandsforfeepaid). 2.3.c Fosterrelationshipwithoutsideagenciestodevelopjointuseagreements(i.e.LPISD,MidTerm RodeoAssociation). 2.3.d ShortΑĻƩƒ Evaluatemaintenanceagreementswithoutsideagencies(youthathletics);reviewannually. 2.3.e Evaluatecontractmaintenanceforstandards;useinareaswithstandardpracticesShortΑĻƩƒ (medians,beautification,trails,ROW). Objective2.4:SeekcompliancewithADAStandards ActionsTimeframetoComplete 2.4.a ShortΑĻƩƒ DevelopandadoptADATransitionPlantoaddressaccessibility. Objective2.5:Seekenergyefficientoperations ActionsTimeframetoComplete 2.5.a ShortΑĻƩƒ Conductandenergyauditoffacilities. 2.5.b Adoptstewardship/greenpracticesandpurchasingpolicies. 23CityofLaPorteParks&RecreationDepartmentOperation s Analysis 2.5.c Implementorenhancerecyclingatallmunicipalfacilities,includingfacilitieswithfullpublic access;conductmediaeducationrelativetosame. Goal3:Enhanceprogramdeliveryandcustomerservice Objective3.1:Enhanceprogramcapacityanddiversity ActionsTimeframetoComplete 3.1.a ShortTerm Establishattendancetargetsforprogramsandfacilityuse,basedoncostandcapacity. 3.1.b MidTerm Evaluateadditionalprogramsandcontractinstructoruse. 3.1.c MidTerm PursueprogramPartnerships(withnewpolicyasneeded)withalternativeproviders. 3.1.d PursuepartnershipwithLPISDforafterschoolprogramming(vslowattendanceatMidTerm CommunityCenters). 3.1.e DetermineNeedsAssessmentbeforeaddingadditionalprogrammingΛYźķ͸ƭZone,outdoorShortTerm rec,etc.) Objective3.2:Increaseefficiencyofspecialevents ActionsTimeframetoComplete 3.2.a LongTerm Developguidelinesforallevents;approvalprocess. 3.2.b MidTerm PursueeventPartnerships(withnewpolicyasneeded)withoutsideagencies. Objective3.3:Increaseefficiencyofcustomerservicestaff ActionsTimeframetoComplete 3.3.a ShortTerm DevelopCustomerservicejobdescriptiontoincludemultifunction/facilityresponsibility. 3.3.b ShortTerm Traincustomerservicestaffforallcenters. 3.3.c ShortTerm IncludePTCaretakersinCustomerServicestaff. 3.3..d ShortTerm IncludeFitnessAttendantsICustomerServicestaff. Goal4:Enhancefinancialsustainability Objective4.1:Developpoliciesthatcontributetocostrecovery ActionsTimeframetoComplete 4.1.a ShortTerm DevelopandadoptPartnershipPolicy. 4.1.b MidTerm DevelopandadoptSponsorshipPolicy. 4.1.c ShortTerm DevelopandadoptCostRecoveryPolicy. 4.1.d MidTerm DevelopandadoptScholarshipPolicy. 4.1.e ShortTerm Considerandpursuealternativefundingstrategiesasidentified. 24CityofLaPorteParks&RecreationDepartmentOperation s Analysis Objective4.2:Ensurethatfeesandchargesmeetgoals ActionsTimeframetoComplete 4.2.a MidTerm Reviewadmission/programfeesperiodicallyforcostrecoverytargets. 4.2.b ShortTerm Completemarketanalysisofrentalrates;adjustasneeded. Objective4.3 MaximizeuseragreementsandLD!͸ƭ ActionsTimeframetoComplete 4.3.a ShortTerm Reviewyouthathleticfielduseagreementsandimplementfieldrentalfee. 4.3.b ShortTerm ReviewyouthathleticfielduseagreementsandimplementCIPreservecontribution. 4.3.c ShortTerm Establishuse/permitfeewithRodeoAssociation. 4.3.d MidTerm Developestimated5yearCIPplan. 25CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK AppendixAȟSWOTAnalysis 27CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK SWOT Analysis Results September 12, 2016 City of La Porte Parks and Recreation Mission Statement To provide and manage superior parks and recreational facilities, innovative programs and services that will provide our customers with pleasure and enrichment. (from 1994) Current condition SWOT Analysis positioned for preservation or ğķǝğƓĭĻƒĻƓƷ ΑĭƚƩĻ S trengths competencies Internal Influences may provide negative impacts, W eaknesses or are detrimental or harmful opportunity for enhancement or O pportunities development External or Environmental challenge provided by T hreats Influences unfavorable trend, event, or development Performance Matrix Major Strength/High Importance Major Weakness/High Importance •Staffing I •Leadership (decisive, informative) •Enforcing policies and procedures •Teamwork •Maintenance/storage of equipment M •Customer Service •IT process/procedures P •Variety of amenities •Community center participation •Creative events •Cost Recovery O •Program diversity •Sponsorship Policy R •Diverse staff •LOS Standards lacking •Maintenance of parks/trails T •Sport Assocfield maintenance •Contracted services (maintenance A N •Participation targets/goals for •Communication of prioritized goals C Recreation/Fitness Center •Passionate staff •Lack of contractual staff •Accountability for tasks E •Youth/Adult athletics •Job knowledge •Parks staff called to assist other departments •Safety •Caretaker positions Minor WeaknessMinor Strength •Facility maintenance WEAKNESSESSTRENGTHS Opportunity Matrix A Highly Attractive/ Low Probability of SuccessHighly Attractive/ High Probability of SuccessHHHHHHHH T •Additional recreation center•Complete trail connections •Event/conference center•Analyze organizational structure T •Accessible playground•Developing policy/procedure manuals R •Aquatics upgrades/renovations A •Natatorium •Sport Assoccollaborations C •In house fitness staff T •\[tL{5 LD!͸ƭ •Special projects group I •PR Advisory Board V •KidzZone at Fitness Center •Developing program and event standards E •Adding programs and amenities (boating, disc N golf, paddleboarding, sand VB etc.) E Lower Attractiveness/ High Probability of S Lower Attractiveness/Low Probability of Success Success S LOWPROBABILITYYYYYYYYY OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOF SUCCESSHIGH Threat Matrix Highly Serious/High Probability of Occurrence Highly Serious/Low Probability of Occurrence S E •Environmental issues •Economic factors •Closing community centers R •Budget constraints •Alternative providers I •Contract maintenance O U S N E S S Low Seriousness/Low Probability of Occurrence Low Seriousness/High Probability of OccurrenceLLLL LOWPROBABILITY OFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF OOOOOOOOOOOOOOOOOCCURRENCEHIGH AppendixBȟKeyIssuesMatrix 35CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK Key Issues Analysis Matrix 2016 Data Source Consultant's Analysis and Professional Expertise Qualitative Data Key Issue - Rating Scale a - priority issue address immediate/short term b - lesser issue for longer term or improve/expand c - minor or future issue blank means the issue didn't come up or wasn't addressed Best Practice or Possible Solutions Organizational Review Department Mission; develop Vision and consider strategic initiatives relative to master plan aab LackofVision Evaluate pay structure; audits of job descriptions vs work performed aaa Finding/retainingadequatestaff Consider organizational structure for efficiency; Operations Superintendent per recommended Org Chart bba MarketingandOfficestaff Consider organizational structure for efficiency; per recommended Org Chart bba RecreationandSpecialpopulationsstaff Develop Marketing Plan; Use apps and develop relationships to tell dept. story and share opportunites (brochures at CH) aaa Marketingprograms/events/amenities Explore feasibility of board for oversight and support bb ParksandRecreationAdvisoryBoardlacking Develop job sharing and training opportunites; utilize existing staff to devleop "training/operations" manuals abb Workingsupervisors/jobknowledge/training/delegation Implement performance measures for each job - identify key tasks and processes aaa PerformanceMeasures/Accountability Conduct Needs Assessment and Attitude Survey (could be part of Master Plan Update) a Don'tknowpublicdemand(survey) Master Plan life cycle is 5-10 years max; schedule for updating aaa UpdateMasterPlan Training, safety workshops, rewards aa Safety(preventableaccidents) Implement rewards for initiative, action, customer service, above and beyond bb Employeerecognition Work towards consistent formatting for manuals ab Developpolicy/proceduremanuals Develop work order tracking system; possible team for efficiency ba SpecialProjects Assign staff liaisons to outside user groups; establish reporting policies aab YouthAthletics Communicate policies and procedures; develop access protocol for PT staff b ITpoliciesandprocedures Develop reports and performance measures that reflect accountability aa Reporting MaintenanceFacilitiesandAmenities Some equipment needs indoor storage to portect from weather, salt Equipment(storage) aaa Utilize benchmarking, performance measurements to staff for adopted LOS levels abba Staffinglevels Develop and adopt Transition Plan aa ADAaccess Playground replacement in place; develop life expectancy for other amenities (shelters, picnic tables, benches, trash cans) bca Aginginfrastructure Adopt standards for maintenance (who, what, when, where, how) aaa LackofLOSStandards Evaluate attendance, use and maintenance of exisitng amenities and consider replacing / combining (i.e. spayparks and pools) bb Replacingorcombiningamenties Develop relationship with SD and establish joint use agreements; Rodeo Assoc aa LackofcollaborationwithLPISD Consider boat launch, disc golf, sand VB courts, adult softball fields, nature trails, etc. b Specializedamenities Implement various volunteer programs to assist with maintenance and foster ownership aac AdoptaPark/Trail/etc. GreenPlayLLC Key Issues Analysis Matrix Key Issue - Rating Scale a - priority issue address immediate/short term b - lesser issue for longer term or improve/expand c - minor or future issue blank means the issue didn't come up or wasn't addressed Best Practice or Possible Solutions ProgramDeliveryandCustomerService Establish admission/attendance goals and develop strategies to achieve them; scholarships or partnerships where needed aaa Nofacilityadmissionsgoals Utilize contract instructors to build diversity of programming bb Programdiversity Establish cost recovery philosophy/policy (communicate with public) aaba CostRecovery/Scholarship Consider partnerships where appropriate cb Alternativeproviders Pursue partnerships with LPISD; potential programs at school sites vs Community Centers aab Before/AfterSchool@CommunityCenters Develop process for recruiting and approving events in partnership/collaboration with outside agencies a SpecialEvents Evaluate need for Kidz Zone c FamilyprogrammingatFitnessCenter Conduct Needs Assessment and Attitude Survey to determine interest in kayaking, paddleboarding, nature clubs, hikes a Specialprograms Consider organizational structure for efficiency; expand job descriptions bba EvaluateCaretakers/OncalltocontrolOT Financial Develop and adopt policy a Sponsorshippolicy Develop and adopt policy a Partnershippolicy Develop and adopt policy b CostRecoverypolicy Develop and adopt polilcy b ScholarshipPolicy Review and revise use agreements for revenue, CIP, maintenance b YouthAthletics/Useagreements Review and consider alternative funding strategies for amenities a Alternativefundingstrategies Work with Rodeo Assoc to establish membership or permit system (fee) bb RodeoArena Evaluate market rates aa Facilityrentals Devleop 5 year CIP plan bcb Addingnewamenities GreenPlayLLC AppendixCȟBenchmarkingComparisons 39CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK QuestionsLaPorteLeagueCityBaytownDeerParkTexasCity 33,800100,50075418(2013)33,00047,000 Totalpopulationserved Indicateyear:(xxxx)oflatestcompleteO&Mbudgetyearinfousedbelow FiscalYear201520152015201620142015FiscalYear201516 TellusaboutyourƦğƩƉƭͶ͵ Acresofdevelopedparksmaintained188409776156652 16230493138389 Acresofopenspace(naturalarea)maintained Milesoftrailmaintained131014.6Miles417.6MILES Howmanyacresarecontractedout,ifany?844632580 DogPark,Wave Pool,3SplashParks,BIKING/WALKINGTRAILS, FishingPier,13FRISBEEDISCGOLFCOURSE, milesoftrails,10DogPark,DiscGolfCourse,DOGPARK,SKATEPARK, fieldBaseballPiratesBayWaterpark,BIRDINGTRAIL,FAMILY Complex,4fieldCalypsoCovewaterPark,5AQUATICCENTER,BEACH SoftballComplex,PaddleTrailonClearCreekSplashParks,almost15milesSplashPad,BocceCourt,SandAREA,SHOOTINGRANGE, HistoricTrain(Canoe/KayakLaunches)andaoftrailsinparksandopenVBCourts,TheatreShowsandSKEET&TRAPFIELD,GOLF Whatuniqueamenitiesdoyouoffer?Depot,RodeoArenaWaterSmartParkspace,51parksOperationCOURSE, DoyouhaveaParksBoard/AdvisoryBoard?NoYESParksAdvisoryBoardYESYES,AdvisoryBoard 8813325140263 Acresexcludingcontractedandexcludingopenspace Acreslessexcludingcontractedandincludingopenspace10436374498652 666215 Acres/MaintenancestaffFTEexcludingcontractedandopenspace Acres/MaintenancestaffFTEALLacres121920836 Acres/MaintenancestaffFTEincludingopenspace71719536 TellusaboutyourŅğĭźƌźƷźĻƭͶ͵ Recreation& FitnessCenter, SeniorCenter, SPORTCenter(TR),NesslerCivicCenter,Charles EvelynKennedyT.DoyleConvnetionCenter; CommunityCenter,CarverCommunityCenter; JennieRileyCarverPavilion; CommunityCenter,Sanders/VicnentCenter; BrookglenShowboatPavilion;Heights CommunityCenter,CommunityCenter,2PavilionsGym;TexasCityMuseum; HistoricTrainRecreationCenterandCivicin2differentparks,WetlandsLowryFitnessCenter; Depot,OriginalCityCenterwithgymsandmultiCenter,BaytownNatureGym,MeetingRooms,WeightMatthewT.DoyleNataorium; HallpurposeroomsCenterVisitorsCenterRooms,Racquetball,TexasCityShootingRange Whatindoorfacilitiesdoyouofferthepublic? 22Parks,Baseball Complex,Softball Complex,Soccer Complex,Wave Pool,3CommunityBayStreetParkShelters, Pools,tenniscourts,Gazebo,Amphitheater; basketballcourts,PavilionsandParkswithwww.baytown.org/cityAthleticFields,GolfCourse,NesslerParkRotaryPavilion; restrooms,rodeobaseball,softball,soccerhall/departments/parksPavilions,Restrooms,BocceFirstLadyPavilion;Carlos Whatoutdoorfacilitiesdoyouofferthepublic?arenafields,etc.recreation/parks/tablelistCourt,TennisGarzaSportsComplex NesslerCivicCenter,Charles T.DoyleConvnetionCenter; CarverCommunityCenter; CarverPavilion; Sanders/VicnentCenter; ShowboatPavilion;BayStreet ParkShelters,Gazebo, Amphitheater;NesslerPark RotaryPavilion;FirstLady 3CommunityPavilion;CarlosGarzaSports Centers,OriginalComplex;Carver,Lowry, CityHall,baseballhttps://txhttps://register.parksreconlinHeightsandSandersGyms, fields,soccerfields,leaguecity4.civicplus.com/Inde.com/wbwsc/baytown.wsc/wMeetingRooms,AthleticField,NesslerParkFamilyAquatic Whatfacilitiesareavailableforrent?poolsex.aspx?NID=760bsplash.html?wbp=1Pavilions,SandVBCourtCenter http://www.laporte tx.gov/DocumentCe nter/View/1168 http://www.laporte tx.gov/DocumentCe nter/View/503 http://www.laportehttps://register.parksreconlin tx.gov/DocumentCehttp://leaguecity.com/Docume.com/wbwsc/baytown.wsc/whttp://www.texascity Whataretherentalfees?Pleaseprovidearentalbrochureorlinkifapplicable.nter/View/536entCenter/View/12125bsplash.html?wbp=1PleaseSeeAttachedtx.org/page/rec.reservations Yes,CarverCommunity MutualAgreementwithDPISDCenter;Sanders/Vincent Doyouhavesatelliterecreation/communitycenters?YesNONOUseTheirfacilitiesCenter;HeightsGym 61,422sq.ft.Note:Includes FitnessCenter,Natatorium, HeatedPool2Basketball Ifyouhaveafitnesscenter,howmanysquarefeetisit?Yes22,500sqftN/A0NoCourts Ifyouhaveafitnesscenter,approximatelyhowmanymembersdoyouhaveonadailybasis?3,000N/A0NA500600 TellusaboutyourprogramsͶ WhataretheoverallagencyexpensesforallPrograms?$13,800.00$1,380,334.00$7,725.00$6,338,935.00$921,431.00 WhataretheoverallagencyrevenuesforallPrograms?$36,753.86$750,000.00$36,000.00$1,191,754.00$ Haven'ttracked costrecovery;no expectationatthis time266%based offnumbersabove notincludingstaff WhatistheoverallagencypercentageofcostrecoveryforallPrograms?wages&utilities54%18% Yes,18VariousTypesof Howmanycontractprogramsdoyouhave?18121472530ProgramsClasses Yes,SilverSneakers,Zumba, AquaFitness/Pilates,Body Toning,BodyBlasting, Yes,seniorwaterKickboxing,SpinAerobics, Doyouofferaerobicsclassesinhouse?aerobicsYESnoNoLunchTimeFitness HOTevents5 OperationalBudget events81454+Sportleagues5LargeSpecialEvents%Approx.13 Howmanyspecialeventsdoyouoffereachyear? yes,Musicclassesfortoddlers andchildreninelementary school.Annualartshowfor children,youthandadults. HobbyPhotographyClubfor allskilllevels.ArtExhibition andSaleArtFesteveryfirst YES;watercolorclassesandFriday NoballroomdancingTheaterPerformancesYes,1 Doyouofferculturalartsprograms?Ifso,whattype? yes,archery,sports leagues,paddle boarding,YES;soccer,baseball,flag partnershipswithfootball,softball,wellnessAdultsportleaguesthatArcheryCamp,TexasOutdoorYes,AKIDFISHCatch& Doyouofferoutdoorprograms?Ifso,whattype?CCAfishinggroupswalk,nationaltrailsdayinclude340teamsyearlyFamilyEvent,CanoeTrips,Releaseprogram Weofferswimlessonsat$40Preschool/Level1,2,and3/ yes,swimlessons,SwimLessons,PrivateAdultswimlessons.Summer perstudentandteach300 privatelessons,YES;swimlessons,privateLessons,AquaZumba,LapandYearroundswimteams. studentsperyear. Doyouofferaquaticprogramsoutsideofdailyfacilityoperations?(swimlessons,wateraerobic,kayaking,etc.)wateraerobicslessons,wateraerobicsSwimming,RentalsWaterAerobicandPilates. Weofferavarietyofclasses andeventsforchildren,youth andadults.Forprogram informationpleasegoto www.baytown.org/programs. https://issuu.com/ciOurcurrentscommunity tyoflaporte/docs/oceventsarelistedunder t__nov__dec_newslhttps://issuu.com/leaguecity/Activities&Eventsonwww.deerparktx.gov/parksanhttp://www.texascity Whattypeofprogramsdoyouofferatrecreation/communitycenters?Pleaseprovidebrochureorlink.etter_prddocs/2016_fall_brochurewww.baytown.org.drectx.org/page/rec.rec_centers TellusaboutyourstaffinglevelsͶ Howmanystaff(FTE)arededicatedtoparks,trails,forestryandopenspacemaintenance(donotincludegolf)?15.5022.0039.0019.0018.00 Howmanystaff(FTE)arededicatedtorecreationprograms?5.0025.003.007.006.00 Howmanystaff(FTE)arededicatedtoseniorprograms?2.501.001.002.002.00 3.50N/A0.000.000.00 Howmanystaff(FTE)arededicatedtotherapeuticserviceprograms? Howmanystaff(FTE)arededicatedtothefitnesscenter?4.50N/A0.003.003.00 39=36FT,7PT Tellusaboutrevenueallocatedforthedepartment...(donotincludecapital) $20Million(7projects)Type BSalesTaxpassedinMayof 2015,afterfundsarecollected Isanyamountdedicatedtaxrevenue?(salesorpropertystrictlyforparks/recreation)$$2,065,163.00NOtaxgoesaway$ Note:PropertyTaxarenot Whatamountisothertaxrevenue?(suchasgeneralfund)$$750,000.00$strictlyforParks $46,427(Senior FoodProgram)$$$$25,000.00 Whatamountisgrants?(willbedeductedoutofthetotal) Whatamountiscontributionsordonations?(willbedeductedoutofthetotal)$$$$$200,000.00 WhatamountofConservationTrustFund(CTF)isusedforoperationsandmaintenance(ifany)?$$$$n/a $463,803(rentals, programs, memberships,fees,$1,300,000(MunicipalUtility Pleaseindicateifyouhaveanyothertypeofrevenue:______________________________etc.)$Fund)$1,665,754.00$921,431.00 TOTALO&MREVENUEBUDGET$510,229.00$2,815,163.00$1,300,000.00$1,665,754.00$1,146,431.00 TellusaboutexpensesareallocatedforthedepartmentͶ WhatisyourtotalO&Mexpensebudget?(parks,recreation,trails,forestry,etc.NOTGOLF)$4,254,428.00$4,506,881.00$2,970,348.00$6,338,935.00$6,831,987.00 $$$$$471,668.00 IsanyofthisCIPrelated?Ifso,howmuch?(willbedeductedoutofthetotal) WhatamountofthisisallocatedinsomewayotherthanO&M?(willbedeductedoutofthetotal)$$$$n/a $4,254,428.00$4,506,881.00$2,970,348.00$6,338,935.00$7,303,655.00 TOTALO&MEXPENSEBUDGET OverallagencycostrecoveryΛwĻǝĻƓǒĻƭΉ9ǣƦĻƓƭĻƭͶǞźƌƌselfcalculate)12%62%44%26%16% TellusaboutsomeofyourpoliciesandƦƩƚĭĻķǒƩĻƭͶƦƌĻğƭĻansweryesorno: Contractprogramsarea 70/30split.Cityrunprograms Asamatterofpolicy,doyouhaveaCostRecoveryphilosophy?Pleaseshareyourpolicy.Nooperatewithagoalof120%NO Yes,CulturalArtsFoundation NoNOYESScholarshipProgram AsamatterofpolicydoyouhaveaScholarshipProgram?Pleaseshareyourpolicy. YES,weoffer4areasof sponsorships:1)Vendor boothsatspecialevents2) bannersignsonballfield fences3)advertisementon website4)advertisementin AsamatterofpolicydoyouhaveanadoptedSponsorshipPolicy?Pleaseshareyourpolicy.NoprogrambrochureNOn/a Wedonothavea PartnershipPolicy, butwedohaveWehaveanAthleticPolicy jointventureswiththatdetailsthejointuse variousagreementpolicywithour AsamatterofpolicydoyouhaveanadoptedPartnershipPolicy?Pleaseshareyourpolicy.organizationsyouthsportsorganizations.NOn/a Yeswehave variablefees,butwe nothaveapolicyon it.Fees:resident, nonresident, member,non member,senior membership discounts,non profitbreaksfor specialeventsand discountedyouthYES,wehaveseniordiscounts, registrationwithnonresidentspay50%above Asamatterofpolicydoyouoffervariablefees(ie.Seniors,Youth,Nonprofit,Resident/Nonresident,etc.)?volunteerparenttheresidentpriceforallSomeResident/NonResidenthttp://www.texascity Pleaseshareyourpolicy.coachesprograms.feesYEStx.org/page/rec.parks YES,including V.I.P.A.R.,wehave volunteersin severalcapacities,YES,wehavevolunteersin allvolunteersmustseveralcapacities,all completeavolunteersmustcompletea backgroundcheck.backgroundcheck.NoYESn/a AsamatterofpolicydoyouhaveaVolunteerProgram?Pleaseshareyourpolicy. YES,wehaveafacility operationsmanualanda separateaquaticsoperationsYes,TheNesslerParkFamily AsamatterofpolicydoyouhaveaParks&RecreationOperationsManual(s)?Pleaseshareyourmanual.Nomanual.NOAquaticCenter OTHERCOMMENTS AppendixDȟProposedOrganizationalChart 53CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK 39FullTimepositions 8Parttimepositions 70Seasonalpositions DirectorofParksand Recreation (1FT) Department Secretary (1FT) ParksandFacilitiesRecreationServicesOperations ManagerManagerSuperintendent (1FT)(1FT)(1FT) Marketing ParksMaintenanceSpecialServicesRecreationServicesCustomerService FacilitiesSupervisor SupervisorSupervisorSupervisorSupervisor Supervisor (1FT) (1FT)(1FT)(1FT)(1FT) (1FT) Building/PoolSenior/ActiveAdultYouth/AdultSpecialEvent Customer FieldMaintenance MaintenanceServicesCoordinatorSpecialistAssistant Service/Facility (4FT) Assistants(combine (3FT)(1FT,1PT)(2FT)(1FT) withCaretakersand FitnessSpecialists (3FT,5PT) SpecialServicesContractInstructors/ AllMowCrewsSpecialProjects CoordinatorSeasonalLifeguards (5FT,2S)(3FT) (3FT,1PT,1S)(67S) BeautificationCrew Custodial Groundskeeper (2FT) (2FT,1PT) AppendixEȟ10StepPyramidMethodology 57CityofLaPorteParks&RecreationDepartmentOperation s Analysis THISPAGEINTENTIONALLYLEFTBLANK THE PYRAMID METHODOLOGY: COST RECOVERY AND SUBSIDY ALLOCATION PHILOSOPHY The creation of a cost recovery and subsidy allocation philosophy and policy is a key component to maintaining an agency’s financial control, equitably pricing offerings, and helping to identify core services including programs and facilities. Critical to this philosophical undertaking is the support and buy-in of elected officials and advisory boards, staff, and ultimately, citizens. Whether or not significant changes are called for, the organization should be certain that it philosophically aligns with its constituents. The development of a financial resource allocation philosophy and policy is built upon a very logical foundation, based upon the theory that those who The development of a financial resource allocation benefit from parks and recreation services philosophy can be separated into the following ultimately pay for services. steps: Step 1 – Building on Your Organization’s Values, Vision, and Mission The premise of this process is to align agency services with organizational values, vision, and mission. It is important that organizational values are reflected in the vision and mission. Oftentimes, mission statements are a starting point and further work needs to occur to create a more detailed common understanding of the interpretation of the mission and a vision for the future. This is accomplished by engaging staff and community members in a discussion about a variety of Filters. Step 2 – Understanding the Pyramid Methodology, the Benefits Filter, and Secondary Filters Filters area series of continuums covering different ways of viewing service provision. Filters influence the final positioning of services as they relate to each other and are summarized below. The Benefits Filter, however; forms the foundation of the Pyramid Model and is used in this discussion to illustrate a cost recovery philosophy and policies for parks and recreation organizations. Filter Definition Who receives the benefit of the service? (Skill development, education, Benefit physical health, mental health, safety) Is the service available to everyone equally? Is participation or eligibility Access/Type of Service restricted by diversity factors (i.e., age, ability, skill, financial)? Is it the organization’s responsibility or obligation to provide the service Organizational Responsibility based upon mission, legal mandate, or other obligation or requirement? Historical Expectations What have we always done that we cannot change? What is the anticipated impact of the service on existing resources? On Anticipated Impacts other users? On the environment? What is the anticipated impact of not providing the service? What is the perceived social value of the service by constituents, city Social Value staff and leadership, and policy makers? Is it a community builder? 1 THE BENEFITS FILTER The principal foundation of the Pyramid is the Benefits Filter. Conceptually, the base level of the pyramid represents the mainstay of a public parks and recreation system. Services appropriate to higher levels of the pyramid should only be offered when the preceding levels below are comprehensive enough to provide a foundation for the next level. This foundation and upward progression is intended to represent public parks and recreation’s core mission, while also reflecting the growth and maturity of an organization as it enhances its service offerings. It is often easier to integrate the values of the organization with its mission if they can be visualized. An ideal philosophical model for this purpose is the pyramid. In addition to a physical structure, pyramid is defined by Webster’s Dictionary as “an immaterial structure built on a broad supporting base and narrowing gradually to an apex.” Parks and recreation programs are built with a broad supporting base of core services, enhanced with more specialized services as resources allow. Envision a pyramid sectioned horizontally into five levels. MOSTLY COMMUNITY Benefit The foundational level of the Pyramid is the largest, and includes those services including programs and facilities which MOSTLY benefit the COMMUNITY as a whole. These services may increase property values, provide safety, address social needs, and enhance quality of life for residents. The community generally pays for these basic services via tax support. These services are generally offered to residents at a minimal charge or with no fee. A large percentage of the agency’s tax support would fund this level of the Pyramid. Examples of these services could include: the existence of the community parks and recreation system, the ability for youngsters to visit facilities on an informal basis, low-income or scholarship programs, park and facility planning and design, park maintenance, or others. NOTE: All examples above are generic – individual agencies vary in their determination of which services belong in the foundation level of the Pyramid based upon agency values, vision, mission, demographics, goals, etc. CONSIDERABLE COMMUNITY Benefit The second and smaller level of the Pyramid represents services which promote individual physical and mental well-being, and may begin to provide skill development. They are generally traditionally expected services and/or beginner instructional levels. These services are typically assigned fees based upon a specified percentage of direct (and may also include indirect) costs. These costs are partially offset by both a tax subsidy to account for CONSIDERABLE COMMUNITY benefit and participant fees to account for the Individual benefit received from the service. Examples of these services could include: the capacity for teens and adults to visit facilities on an informal basis, ranger led interpretive programs, beginning level instructional programs and classes, etc. 2 BALANCED INDIVIDUAL/COMMUNITY Benefit The third and even smaller level of the Pyramid represents services that promote individual physical and mental well- being, and provide an intermediate level of skill development. This level provides balanced INDIVIDUAL and COMMUNITY benefit and should be priced accordingly. The individual fee is set to recover a higher percentage of cost than those services that fall within lower Pyramid levels. Examples of these services could include: summer recreational day camp, summer sports leagues, year- round swim team, etc. CONSIDERABLE INDIVIDUAL Benefit The fourth and still smaller Pyramid level represents specialized services generally for specific groups, and those which may have a competitive focus. Services in this level may be priced to recover full cost, including all direct and indirect expenses. Examples of these services could include: specialty classes, golf, and outdoor adventure programs. MOSTLY INDIVIDUAL Benefit At the top of the Pyramid, the fifth and smallest level represents services which have profit center potential, may be in an enterprise fund, may be in the same market space as the private sector, or may fall outside the core mission of the agency. In this level, services should be priced to recover full cost in addition to a designated profit percentage. Examples of these activities could include: elite diving teams, golf lessons, food concessions, company picnic rentals, and other facility rentals such as for weddings or other services. Step 3 – Developing the Organization’s Categories of Service In order to avoid trying to determine cost recovery or subsidy allocation levels for each individual agency service including every program, facility, or property, it is advantageous to categorize agency services into like categories. This step also includes the development of category definitions that detail and define each category and service inventory “checks and balances” to ensure that all agency services belong within a developed category. Examples of Categories of Service could include: Beginner Instructional Classes, Special Events, and Concessions/Vending. Step 4 – Sorting the Categories of Service onto the Pyramid It is critical that this sorting step be done with staff, governing body, and citizen representatives involved. This is where ownership is created for the philosophy, while participants discover the current and possibly varied operating histories, cultures, and organizational values, vision, and mission. It is the time to develop consensus and get everyone on the same page the page that is written together. Remember, this effort must reflect the community and must align with the thinking of policy makers. 3 Sample Policy Development Language: XXX community brought together staff from across the department, agency leadership, and citizens to sort existing programs into each level of the Pyramid. The process was facilitated by an objective and impartial facilitator in order to hear all viewpoints. It generated discussion and debate as participants discovered what different people had to say about serving culturally and economically varied segments of the community, about historic versus active-use parks, about the importance of adult versus youth versus senior activities, and other philosophical and values-based discussions. This process gets at both the “what” and “why” with the intention of identifying common ground and consensus. Step 5 – Defining Direct and Indirect Costs The definition of direct and indirect costs can vary from agency to agency. What is important is that all costs associated with directly running a program or providing a service are identified and consistently applied across the system. Direct costs typically include all the specific, identifiable expenses (fixed and variable) associated with providing a service. These expenses would not exist without the service and may be variable costs. Defining direct costs, along with examples and relative formulas is necessary during this step. Indirect costs typically encompass overhead (fixed and variable) including the administrative costs of the agency. These costs would exist without any specific service but may also be attributed to a specific agency operation (in which case they are direct expenses of that operation). If desired, all or a portion of indirect costs can be allocated, in which case they become a direct cost allocation. Step 6 – Determining (or Confirming) Current Subsidy/Cost Recovery Levels This step establishes the expectation that the agency will confirm or determine current cost recovery and subsidy allocation levels by service area based on the new or revised definition of direct and in-direct costs. This will include consideration of revenues sources and services costs or expenses. Typically, staff may not be cost accounting consistently, and these inconsistencies will become apparent. Results of this step will identify whether staff members know what it costs to provide services to the community, whether staff have the capacity or resources necessary to account for and track costs, whether accurate cost recovery levels can be identified, and whether cost centers or general ledger line items align with how the agency may want to track these costs in the future. Step 7 – Establishing Cost Recovery/Subsidy Goals Subsidy and cost recovery are complementary. If a program is subsidized at 75%, it has a 25% cost recovery, and vice-versa. It is more powerful to work through this exercise thinking about where the tax subsidy is used rather than what is the cost recovery. When it is complete, you can reverse thinking to articulate the cost recovery philosophy, as necessary. The overall subsidy/cost recovery level is comprised of the average of everything in all of the levels together as a whole. This step identifies what the current subsidy level is for the programs sorted into each level. There may be quite a range within each level, and some programs could overlap with other levels of the pyramid. This will be rectified in the final steps. This step must reflect your community and must align with the thinking of policy makers regarding the broad picture financial goals and objectives. 4 Examples Categories in the bottom level of the Pyramid may be completely or mostly subsidized, with the agency having established limited cost recovery to convey the value of the experience to the user. An established 90-100% subsidy articulates the significant community benefit resulting from these categories. The top level of the Pyramid may range from 0% subsidy to 50% excess revenues above all costs, or more. Or, the agency may not have any Categories of Service in the top level. Step 8 – Understanding and Preparing for Influential Factors and Considerations Inherent to sorting programs onto the Pyramid model using the Benefits and other filters is the realization that other factors come into play. This can result in decisions to place services in other levels than might first be thought. These factors also follow a continuum; however, do not necessarily follow the five levels like the Benefits Filter. In other words, a specific continuum may fall completely within the first two levels of the Pyramid. These factors can aid in determining core versus ancillary services. These factors represent a layering effect and should be used to make adjustments to an initial placement on the Pyramid. THE COMMITMENT FACTOR: What is the intensity of the program; what is the commitment of the participant? Drop-In Instructional Instructional – Competitive – Opportunities – Basic Intermediate Not Specialized Recreational THE TRENDS FACTOR: Is the program or service tried and true, or is it a fad? Basic Traditionally Staying Current Cool, Cutting Far Out Expected With Trends Edge THE POLITICAL FILTER: What is out of our control? This filter does not operate on a continuum, but is a reality, and will dictate from time to time where certain programs fit in the pyramid THE MARKETING FACTOR: What is the effect of the program in attracting customers? Loss Leader Popular – High Willingness to Pay THE RELATIVE COST TO PROVIDE FACTOR: What is the cost per participant? Low Cost per Participant Medium Cost per Participant High Cost per Participant THE ECONOMIC CONDITIONS FACTOR: What are the financial realities of the community? Low Ability to Pay Pay to Play 5 FINANCIAL GOALS FACTOR: Are we targeting a financial goal such as increasing sustainability, decreasing subsidy reliance? 100% Generates Excess Revenue Subsidized over Direct Expenditures Step 9 – Implementation Across the country, ranges in overall cost recovery levels can vary from less than 10% to over 100%. The agency sets their goals based upon values, vision, mission, stakeholder input, funding, and/or other criteria. This process may have been completed to determine present cost recovery levels, or the agency may have needed to increase cost recovery levels in order to meet budget targets. Sometimes, simply implementing a policy to develop equity is enough without a concerted effort to increase revenues. Upon completion of steps 1-8, the agency is positioned to illustrate and articulate where it has been and where it is heading from a financial perspective. Step 10 –Evaluation The results of this process may be used to: Articulate and illustrate a comprehensive cost recovery and subsidy allocation philosophy Train staff at all levels as to why and how things are priced the way they are Shift subsidy to where is it most appropriately needed Benchmark future financial performance Enhance financial sustainability Recommend service reductions to meet budget subsidy targets, or show how revenues can be increased as an alternative Justifiably price new services This Cost Recovery/Subsidy Allocation Philosophy: The Pyramid Methodology Outline is provided by: GreenPlay, LLC, 1021 E. South Boulder Rd., Suite N | Louisville, CO 80027 (303) 439-8369 | Info@GreenPlayLLC.com | www.GreenPlayLLC.com All rights reserved. Please contact GreenPlay for more information. Copyright 2001, 2008, 2009, 2011, 2013, 2016 6 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 14, November 14, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016    Source of Funds:Source of Funds: Corby Alexander Corby Alexander Requested By:Requested By:    Account Number:Account Number: Parks & RecreationParks & Recreation Department:Department:    Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance:    Amount Requested:Amount Requested:    Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Staff has met with La Porte BoyStaff has met with La Porte Boy’’s Baseball (LPBBA) on multiple occasions.  Below is an update on s Baseball (LPBBA) on multiple occasions.  Below is an update on items discussed and how LPBBA will operate at Pecan Park moving forward. Finance staff will provide items discussed and how LPBBA will operate at Pecan Park moving forward. Finance staff will provide periodic checks for all items pertaining to revenue and expense tracking at a minimum of once a month.periodic checks for all items pertaining to revenue and expense tracking at a minimum of once a month. General Bookkeeping and RegistrationGeneral Bookkeeping and Registration All checks for payment will have 2 signatures.All checks for payment will have 2 signatures. All team rosters will match payments.All team rosters will match payments. The City will be given a login for the registration system where the City can pull a report at any The City will be given a login for the registration system where the City can pull a report at any time.time. LPBBA City can request a paper trail from LPBBA, which should reconcile to the online system. LPBBA City can request a paper trail from LPBBA, which should reconcile to the online system. Concession Stand OperationConcession Stand Operation A Point of Sale (POS) system was installed in the Concession Stand.  The POS system keeps A Point of Sale (POS) system was installed in the Concession Stand.  The POS system keeps track of all inventory and sales.track of all inventory and sales. Umpires will no longer be able to take as much food as LPBBA wish.  Umpires will be given Umpires will no longer be able to take as much food as LPBBA wish.  Umpires will be given tickets for food based on the number of games LPBBA are working.tickets for food based on the number of games LPBBA are working. Beverages for umpires will have a specific key in the POS system so that LPBBA can be Beverages for umpires will have a specific key in the POS system so that LPBBA can be inventoried.inventoried. An iPad will be used on the golf cart for concessions sales.An iPad will be used on the golf cart for concessions sales. Concessions workers making over $600 will receive a 1099. The association is currently Concessions workers making over $600 will receive a 1099. The association is currently considering hiring a separate staffing company to provide workers and LPBBA will pay the considering hiring a separate staffing company to provide workers and LPBBA will pay the company when invoiced.company when invoiced. Concessions deposits will be made the next business day. For example, if LPBBA receives sales Concessions deposits will be made the next business day. For example, if LPBBA receives sales money on Friday and LPBBA are open on Saturday, LPBBA will deposit the money on Saturday. If money on Friday and LPBBA are open on Saturday, LPBBA will deposit the money on Saturday. If LPBBA do not open again until Monday, LPBBA will deposit the money on Monday. The money will LPBBA do not open again until Monday, LPBBA will deposit the money on Monday. The money will be kept in a safe until it is deposited.be kept in a safe until it is deposited. Sales will match deposits.Sales will match deposits. Umpires LPBBA is considering the umpires as independent contractors, therefore the umpires do not work LPBBA is considering the umpires as independent contractors, therefore the umpires do not work directly for LPBBA. Since LPBBA consider umpires contractors, LPBBA is paying umpires in directly for LPBBA. Since LPBBA consider umpires contractors, LPBBA is paying umpires in cash and having umpires sign for the amount received. LPBBA is providing a game schedule to cash and having umpires sign for the amount received. LPBBA is providing a game schedule to match the games to the umpires. For spring LPBBA is hoping to have a separate company that match the games to the umpires. For spring LPBBA is hoping to have a separate company that will invoice for the games umpired.will invoice for the games umpired. Fields Moving forward, LPBBA will pay the City the $500 per month LPBBA would have normally paid the Moving forward, LPBBA will pay the City the $500 per month LPBBA would have normally paid the field worker.  LPBBA has agreed to this as long as LPBBA will still have input on what happens to field worker.  LPBBA has agreed to this as long as LPBBA will still have input on what happens to the fields.the fields. City staff will repair the fields, bring fields into playable condition, and continue to maintain fields. City staff will repair the fields, bring fields into playable condition, and continue to maintain fields. All four field staff will rotate through all fields within the city. No staff members will be solely All four field staff will rotate through all fields within the city. No staff members will be solely dedicated to Pecan Park.dedicated to Pecan Park. On weekends LPBBA will pay for any additional field work that is requested outside of basic lining, On weekends LPBBA will pay for any additional field work that is requested outside of basic lining, which LPBBA will do.which LPBBA will do. LPBBA will continue to help with purchasing red dirt for the fields, as LPBBA have in the past.LPBBA will continue to help with purchasing red dirt for the fields, as LPBBA have in the past. If LPBBA is interested in subletting the fields at any time, LPBBA will provide a written request that If LPBBA is interested in subletting the fields at any time, LPBBA will provide a written request that will either be approved or denied by the Parks & Recreation Director or designee.will either be approved or denied by the Parks & Recreation Director or designee. LPBBA is asking for one year to work with this plan. If it is not satisfactory to Council after that year, then LPBBA is asking for one year to work with this plan. If it is not satisfactory to Council after that year, then LPBBA would turn financial control completely over to the City at that time.LPBBA would turn financial control completely over to the City at that time. Action Required of Council:Action Required of Council: Provide comments regarding the plan noted above and future operations of LPBBA.Provide comments regarding the plan noted above and future operations of LPBBA. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item November 14, 2016 9. (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item November 14, 2016 November 14, 2016 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Thanksgiving Holidays, Thursday, November 24, 2016 and Friday, November 25, 2016Thanksgiving Holidays, Thursday, November 24, 2016 and Friday, November 25, 2016 •La Porte Development Corporation Board Meeting, Monday, December 12, 2016La Porte Development Corporation Board Meeting, Monday, December 12, 2016 •City Council Meeting, Monday December 12, 2016City Council Meeting, Monday December 12, 2016 •Christmas Holidays, Friday, December 23, 2016 and Monday, December 26, 2016Christmas Holidays, Friday, December 23, 2016 and Monday, December 26, 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 information or existing policies ––Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, J. Martin and Mayor Rigby.Earp, Clausen, J. Martin and Mayor Rigby.   12.ADJOURNADJOURN ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item November 14, 2016 November 14, 2016 12.ADJOURNADJOURN ****************************************************************** ******************************************************************