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HomeMy WebLinkAbout10-14-19 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDON LUNSFORD CouncilmemberAt Large A STEVE GILL ETT CouncilmemberAt Large B DANNY EARP Cauncilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Mayor Pro -Tem Cauncilmember District 3 THOMAS GARZA Cauncilmember District 4 JAY MARTIN Cauncilmember District 5 NANCY OJ EDA Cauncilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 14, 2019, 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 action. CALL TO ORDER 2. INVOCATION —The invocation will be given by Rev. Brian Christen, LaPorte Community Church. PLEDGES — Will be led by Councilperson Brandon Lunsford. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Proclamation - Domestic Violence Awareness and Prevention Month. [Mayor Rigby] 4. PUBLIC COMMENTS (Limited to five minutes per person.) 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the special City Council meetings held on September 19 and September 30, 2019, and the regular meeting held on September 23, 2019. [Mayor Rigby] (b) Approve the purchases of various vehicles and equipment through Texas BuyBord and H -GAC Cooperative purchasing programs, in accordance with the FY 2019-2020 Vehicle Replacement Program schedule. [ Ray Mayo, Public Works Director] (c) Approve amending meeting dates of regular City Council meetings in November and December 2019. [Mayor Rigby] (d) Authorize the City Manager to enter into US Communities contract #R -BB -19002 for Cintas to provide uniform rental services. [Cherell Daeumer, Purchasing Manager] (e) Authorize the City Manager to enter into agreements with Dunham Engineering for the design, bid, and construction phase services for the Hillridge Ground Tank Replacement and for the Coating of Lomax Elevated Storage Tank CIP projects. [Ray Mayo, Public Works Director] 6. STATUTORY AGENDA (a) Presentation and discussion on adoption of Ordinance 2019-3758, to amend the Council Rules of Procedure and Ethics Policy. [Mayor Rigby] (b) Presentation, discussion, and possible action on a report from the compensation work group. [Matt Hartleib, HR Manager] 7. REPORTS (a) Receive report of the Drainage and Flooding Committee meeting. [Councilperson Jay Martin] 8. ADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, October 17, 2019 Zoning Board of Adjustment Meeting, Thursday, October 24, 2019 City Council Meeting, Monday, October 28, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the October 14, 2019, City Council agenda was posted on the City F-bll bulletin board, a place convenient and readily accessible to the general public at all tirres, and to the City's website, www.LaWrteTXgov, in compliance with Chapter 551, Texas Governrrent Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward, City Secretary Council Agenda Item October 14, 2019 1. CALL TO ORDER 2. INVOCATION —The invocation will be given by Rev. Brian Christen, LaPorte Community Church. PLEDGES — Will be led by Councilperson Brandon Lunsford. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Proclamation - Domestic Violence Awareness and Prevention Month. [Mayor Rigby] 4. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** rortamatton Office of the vapor /HEREAS, one in three women and one in ten men report abuse in their relationships in the form of physical, motional, sexual, psychological and economic. Domestic violence effects women, children and men of all racial, Dcial, religious, ethnic and economic backgrounds; and WHEREAS, approximately 3.3 million children witness domestic violence annually, which violence in the home is the strongest indicator that will be transferred to the next generation; and everyone deserves to feel safe in their homes and communities; and WHEREAS, no one person, organization, agency or community can eliminate domestic violence on their own; but we can work together to educate our entire population about what can be done to prevent domestic violence, support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Domestic Violence Awareness and Prevention Month provides an excellent opportunity for citizens of La Porte and surrounding communities to reduce domestic violence through prevention, education, increased awareness, encouraging every person to speak out when witnessing acts of violence, taking time to talk about creating a healthy, respectful, and safe community, and holding perpetrators who commit acts of violence responsible for their actions. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim the month of October 2019, as: «Domotic Violence Awarento jftntb" In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 14th day of October, 2019. Citp of la J)orte Louis R. Rigby, Mayor Council Agenda Item October 14, 2019 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the special City Council meetings held on September 19 and September 30, 2019, and the regular meeting held on September 23, 2019. [Mayor Rigby] (b) Approve the purchases of various vehicles and equipment through Texas BuyBord and H -GAC Cooperative purchasing programs, in accordance with the FY 2019-2020 Vehicle Replacement Program schedule. [ Ray Mayo, Public Works Director] (c) Approve amending meeting dates of regular City Council meetings in November and December 2019. [Mayor Rigby] (d) Authorize the City Manager to enter into US Communities contract #R -BB -19002 for Cintas to provide uniform rental services. [Cherell Daeumer, Purchasing Manager] (e) Authorize the City Manager to enter into agreements with Dunham Engineering for the design, bid, and construction phase services for the Hillridge Ground Tank Replacement and for the Coating of Lomax Elevated Storage Tank CIP projects. [Ray Mayo, Public Works Director] ****************************************************************** LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 19, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro -Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Thursday, September 19, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:30 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Thomas Garza (arrived at 5:41 p.m.), Steve Gillett, Bill Bentley, Brandon Lunsford, Danny Earp, Nancy Ojeda (arrived at 5:33 p.m.) Councilpersons absent: Chuck Engelken, Jay Martin Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 5:30 p.m. 2. INVOCATION — The invocation was given by Assistant City Attorney Clark Askins. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Mayor Rigby. 3. STATUTORY AGENDA (a) The City Council will hold a public hearing to accept comments on their consideration to accept a maximum property tax rate of $0.71 per $100 valuation for the City's 2019-2020 fiscal year. [Corby Alexander, City Manager; Michael Dolby, Finance Director] City Manager Corby Alexander announced the next public hearing on the tax rate will be held on September 23, 2019, at 6 p.m. Mayor Rigby opened the public hearing at 5:32 p.m. No comments were offered. The Mayor closed the public hearing at 5:32 p.m. 4. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. A Councilmember said the long-term continued tax rate demonstrated good management of the City; another proposed a two -cent decrease in the City's property tax rate. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 5:42 p.m. Lee Woodward, City Secretary Page 1 of 1 September 19, 2019, Council Meeting Minutes LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 30, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro -Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, September 30, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Thomas Garza, Chuck Engelken, Jay Martin, Steve Gillett, Bill Bentley, Brandon Lunsford, Nancy Ojeda Councilpersons absent: Danny Earp Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Assistant City Attorney Clark Askins. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Assistant City Attorney Clark Askins. 3. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt Ordinance 2019-3757, setting the City's tax rate for the 2019-20 Fiscal Year. [Michael Dolby, Finance Director] Chuck Rosa and Phillip Hoot spoke in opposition to the $0.71 City property tax rate. Councilmember Bentley moved that the property tax rate be increased by the adoption of a tax rate of $0.71 cents, which is effectively a 3.65 percent increase in the tax rate, and adopt Ordinance 2019-3757 in support of same; the motion was adopted (roll call vote required), 7-1, Councilperson Garza voting against. (b) Presentation, discussion, and possible action to ratify property tax revenue increase reflected in the City of La Porte 2019-2020 Fiscal Year Budget, in accordance with Texas Local Government Code, Sec. 102.007(c). [Michael Dolby, Finance Director] Councilmember Martin moved that the Council ratify the property tax revenue increase as reflected in the budget. Councilperson Garza requested a roll call vote, which was accepted without objection. The motion was adopted, 7- 1, Councilperson Garza voting against. 4. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers thanked staff for their work on the budget process; lauded the decision to hold water rates down to benefit the citizens; noted Harris County was entertaining a double digit property tax increase; reminded all of the citizens who have participated in the budget process; lamented the City's property tax rate remaining static for several decades; reflected on the budget process that began in March and the need to amend the budget if the tax rate is changed; recounted the budget and tax rate process and the need to understand the process. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 6:46 p.m. Page 1 of 2 September 30, 2019, Council Meeting Minutes Lee Woodward, City Secretary Page 2 of 2 September 30, 2019, Council Meeting Minutes LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 23, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro -Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, September 23, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Thomas Garza, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Brandon Lunsford, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Reverend Alan Neel, Life Community Church. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Steve Gillett. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS Recognition - Retirement of Curtis Herrod (City of La Porte Public Works) [Louis R. Rigby, Mayor] 4. PUBLIC COMMENTS (Limited to five minutes per person) — Carol Schneider of Grace Church Houston discussed their appreciation of cities month held earlier this year and thanked the Councilpersons for their service. Chuck Rosa spoke against denying zoning applications with prejudice, against limiting the length of public comments, against banning political signs on City property, in support of lowering the property tax rate, and asked for headset microphones. Deborah Arrona spoke about disability mobility accessibility for the MLK Splashpad, thanked the Council for the improvements, and asked for the appropriate striping and signage to be completed. 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item maybe removed from the consent agenda and added to the StatutoryAgenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the City Council meeting held on September 9, 2019. [Mayor Rigby] (b) Approve the Mayor's nomination of Doug Martin to continue serving as the Chair of the Tax Increment Reinvestment Zone Number One (TIRZ) Board of Directors and of the La Porte Redevelopment Authority through May 2020. [Mayor Rigby] (c) Award Bid #19016 for mowing of various City properties. [Corby Alexander, City Manager] (d) Approve the nominations of Councilperson Engelken as the City's representative and of Councilperson Bentley as the City's alternate to the Houston Galveston Area Council (H -GAC) 2020 General Assembly and Board of Directors. [Mayor Rigby] Councilperson Garza pulled item b. Councilperson Engelken moved to approve items a, c, and d; the motion was adopted, 9-0. Councilperson Engelken moved to approve the Mayor's nomination of Doug Martin to continue serving Page 1 of 4 September 23, 2019, Council Meeting Minutes as the Chair of the Tax Increment Reinvestment Zone Number One (TIRZ) Board of Directors and of the La Porte Redevelopment Authority through May 2020; the motion was adopted, 8-1, Councilperson Garza voting against. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a second public hearing to accept comments on their consideration to accept a maximum property tax rate of $0.71 per $100 valuation for the City's 2019-2020 fiscal year. [Corby Alexander, City Manager; Michael Dolby, Finance Director] Mayor Rigby opened the public hearing at 6:23 p.m. Bill Scott and Chuck Rosa spoke against the proposed $0.71 tax rate. The Mayor closed the public hearing at 6:29 p.m. (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3759 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road, legally described as Tracts 710A and 711, La Porte Outlots, by changing the land use designation from "Commercial" to "Mid -High Density Residential"; followed by discussion and possible action to adopt Ordinance 2019-3759 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road, legally described as Tracts 710A and 711, La Porte Outlots, by changing the land use designation from "Commercial" to "Mid -High Density Residential". [Ian Clowes, City Planner] Mayor Rigby opened the public hearing at 6:30 p.m. Ian Clowes gave a brief presentation on items 6b, c, and d. Doak Brown, one of the owners of Brownstone, spoke on his proposed development. Chuck Rosa recounted the item's appearance before the Planning and Zoning Commission. The Mayor closed the public hearing at 6:47 p.m. Councilperson Engelken moved to adopt Ordinance 2019-3759 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road, legally described as Tracts 710A and 711, La Porte Outlots; the motion was adopted, 9-0, (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3760 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000004, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road, legally described as Tracts 710 A and 711, La Porte Outlots; followed by discussion and possible action to adopt Ordinance 2019-3760 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000004, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road, legally described as Tracts 710 A and 711, La Porte Outlots. [Ian Clowes, City Planner] Mayor Rigby opened the public hearing at 6:49 p.m. There were no comments. The Mayor closed the public hearing at 6:49 p.m. Councilperson Engelken moved to adopt Ordinance 2019-3760 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000004, for a 12.608 -acre tract of land located at the northwest corner of Fairmont Parkway and Canada Road; the motion was 9-0. (d) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3761 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000006 to allow for a multi -family use on a 12.608 -acre tract of land, legally described as Tracts 710A and 711, La Porte Outlots in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to adopt Ordinance 2019-3761 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000006 to allow for multi -family on a 12.608 - acre tract of land, legally described as Tracts 710A and 711, La Porte Outlots in the Planned Unit Development (PUD) zoning district. [Ian Clowes, City Planner] Page 2 of 4 September 23, 2019, Council Meeting Minutes Mayor Rigby opened the public hearing at 6:51 p.m. No comments were offered. The Mayor closed the public hearing at 6:51 p.m. Councilperson Gillett moved to adopt Ordinance 2019-3761 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning` by granting Special Conditional Use Permit #19-91000006 for a 12.608 -acre tract of land, legally described as Tracts 710A and 711, La Porte Outlots; the motion was adopted, 9- 0 (e) The City Council will hold a public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to adopting Ordinance 2019-3762 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the reconsideration of previously denied zone change and special conditional use permit requests; followed by discussion and possible action to adopt Ordinance 2019-3762 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the reconsideration of previously denied zone change and special conditional use permit requests. [Ian Clowes, City Planner] Mayor Rigby opened the public hearing at 6:54 p.m. Ian Clowes presented a presentation. Chuck Rosa spoke against the ordinance. The Mayor closed the public hearing at 7:16 p.m. Councilperson Bentley moved to adopt Ordinance 2019-3762 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning"; the motion was adopted, 8-1, Councilperson Garza voting against. 7. STATUTORY AGENDA (a) Presentation and discussion on Ordinance 2019-3758, to amend the Council Rules of Procedure and Ethics Policy. [Louis R. Rigby, Mayor] Councilpersons worked from the beginning through Section 4. 8. REPORTS (a) Receive a report of the La Porte Development Corporation Board Meeting. [Councilperson Nancy Ojeda] Councilperson Ojeda reported on the La Porte Development Corporation Board meeting, relaying that the Board voted to approve enhancement grants for Coastal Exterminating's project at 812 South 8th Street for $21,505.00 and for Frank Nance State Farm's project at 812 South 8th Street for $6,998.73. 9. ADMINISTRATIVE REPORTS • City Council Special Meeting, Monday, September 30, 2019 • Drainage and Flooding Committee Meeting, Monday, October 14, 2019 • City Council Meeting, Monday, October 14, 2019 • Planning and Zoning Commission Meeting, Thursday, October 17, 2019 • Zoning Board of Adjustment Meeting, Thursday, October 24, 2019 • City Council Meeting, Monday, October 28, 2019 City Manager Corby Alexander said Public Works would look into the MLK Splashpad parking issue tomorrow. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilpersons congratulated and offered gratitude to Curtis Herrod for his many years of service; noted attendance at the First Responders' Breakfast and Fire Department Awards Dinner; shared the success of the weekend's Regatta at the Houston Yacht Club; wished Martha Gillett a happy birthday; thanked Mr. Mayo, Mr. Wingate, and others for helping residents in last week's heavy rains; shared their good impressions of Mr. Brown's projects; addressed a citizen's comment of the upkeep of City facilities, including the roof at the fitness center; noted those in the audience from four separate churches and thanked them for their prayers; requested an update on the airport study; thanked Mr. Mayo and his staff for new asphalt at Bayside Terrace; acknowledged a local student who attended the meeting for class credit; expressed appreciation for the new sidewalk; commended the City's first responders, especially Fire, after experiencing the issues of relatives in the Crosby area and realizing the work done during emergency and disaster; offered an apology to the Mayor for speaking without being recognized; spoke in support and in concern about the tax rate's constancy Page 3 of 4 September 23, 2019, Council Meeting Minutes over the last thirty years; noted the loss of Keith Walker in Fire, who passed last week; shared the good attendance at Saturday's Health and Safety Fair, and asked the City Manager for data over the last thirty years concerning population, employees, and commodity costs. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 8:14 p.m. Lee Woodward, City Secretary Page 4 of 4 September 23, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, 2019 Requested By: Ray Mayo, PW Director Department: Public Works Report Ir' Resolution" Ordinance Exhibits: H -GAC and BuyBoard quotes Appropriation Source of Funds: Various 009 / 034 Account Number: n/a Amount Budgeted: $1,136,391 Amount Requested: $856,052.76 Budgeted Item:; Yes No SUMMARY Competitive quotes were received through the Texas BuyBoard and H -GAC Cooperative Purchasing Programs for vehicles and golf course equipment eligible for replacement in the FY19-20 Vehicle Replacement Program. There are four full-size sedans being replaced with four sport utility vehicles. There will be replacement with the same type vehicle for three full-size sedans, one SUV, one Utility vehicle and one Gradall. There are two same - type replacements for golf course equipment. A skid -steer with attachments and a track excavator are being purchased with motor pool funds from a reclaimer that is now obsolete in the City's operations. VENDOR BUDGET ITEM BUDGETED BID USER Trimax Mowing Snake S2 Wing Slope $39,084 $34,437.30 Golf Systems Mower Brookside John Deere 2500 B Greens $24,784 $30,299.06 Golf Mower Grapevine Dodge 3 Dodge Chargers $95,345 $69,536.00 PD Admin Caldwell County 4 SUVs $159,438 $132,340.00 PD Patrol Chevrolet $90,686 $68,898.00 EMS Caldwell Country Chevrolet 2 SUVs (1 replacement, 1 additional BUDGETED BID USER ASCO Equipment GradalI D 15 4 4X4 $367,061 $298,792.42 Streets VENDOR BUDGET ITEM BUDGETED BID USER Kubota SVL 95 Skid Steer Landsdowne w/Forestry Cutter and $200 445 $102 157.05 Streets Moody Auger (replaced with funds from 71-35)** John Deere 85G Excavator Doggett (replaced with funds from $143,000 $103,798.00 Streets 71-35)** Brookside John Deere XUV 835 Gator $16,548 $15,794.93 water Distribution Totals $1,136,391 $856,052.76 * Two Smaller Aerators being replaced with one larger unit. ** Both units utilizing Motor Pool funds from 71-35 Miscellaneous: a) The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund, with the exception of the additional EMS vehicle. b) The budgeted amount listed in the table for the replacement vehicles represents the total funds deposited by each department through FY 2019 in the form of lease fees paid by the department over the lease term designated for each vehicle. c) The amounts listed in the table for vehicles/equipment are the funding amounts approved by Council for the FY 2019-20 budget for equipment replacement. Each division will pay lease fees over the life of the units to establish a funded amount for future replacements. d) The balance remaining (funded amount minus replacement costs) either remains in the divisional motor pool account to pre -fund a portion of the replacement vehicle or is sometimes utilized by the division for up -fitting equipment. (e.g. light bar, trailer hitch, patrol unit up -fitting). e) The Purchasing Division of the Finance Department has reviewed the recommendation for vehicle purchases and is in support of this recommendation. Pricing was checked on both Cooperative Purchasing Programs. RECOMMENDED MOTION I move that the Council approve the purchases of: 1. One slope mower from Trimax Mowing Systems for $34,437.30; 2. One Greens Mower and one Gator Utility vehicle from Brookside Equipment for $46,093.99; 3. Three Dodge Chargers from Grapevine Dodge for $69,536.00; 4. Six Chevrolet Tahoes to Caldwell Country Chevrolet for $201,238.00; 5. One Gradall from ASCO Equipment for $298,792.42; 6. One Kubota Skid Steer with attachments from Landsdowne Moody for $102,157.05; and 7. One John Deere Track Excavator from Doggett Heavy Machinery for $103,798.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 9 --- ev . fi;ACBuyCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No.. GRO1-18 Date Prepared: € 09/17/2019 z: j Mi1ST b �a�ced t� H GAG � ��� �� � ��� Th�t•�f�ax�'���a�� �yp� ar �1'int le�lb�y ' � �� Buying ;Ba Forest Golf Course Agency, y Contractor: ITrimax Mowing Systems Inc Contact ?Mike Caldwell Person: prepared :Jenny Phillips By: Phone: .254-652-4310 phone: ;770-412-$402 ]pax: Fax: ::770-412-8403 Email: ;caldwellm@laportetx.gov Email: jenny.phillips@trimaxmowers.corn Catalog 1 Price Sheet Name: FTrimax Mowing Systems Inc- USA Price List November 2018 General Description of Product: Snalce 5214Iower - 320 Imperial A Catalo :�Fiice:Sliet:Itenis:l;eiu : iii eh:ised: Ite�tize:Siriot:; Attach Atldifioiial Slteef If:iV:eee§sa ..::::::::::::::::::?< ::::::::::::::::::: >::::: g........................g1..................}............................................... ..................................................... ........................... ................. .....................:..............:.............. Qua" Description Unit Pr Total 1 Snake S2 Mower - 320 (Imperial) 32485.3: 32485.3 0 0 0 0 0 0 0 0 0 0 0 Total From Other Sheets, If Any: Subtotal A: 324$5.3 .................................................................................................................................................... I::If3tf li}ilistL0 titids' AcCes�d' :its St±ivat i'#tii►is)CEr tnriee�ti At'tcl7:Ac3clittitial:tieat:t£Necessar ::::::::: >:::::>:::.::::::::.:::.:::.:::.::.:.:: 1?..........1?....>............................................................................. y......................................... .................................................................................................................................................... IVo :e;:U .:. }aEisied: lte .. s: are:ari. h'etr:iwere: ri:at=siabizi€ to ::. f. ; a� a..:� :..t.... :. s: id >::::<::::::::::::=:: :::::::::.::::::::.:::::::::=:: ...............npu........................m.._....._..._..._..w_..1..,.._._...,.._.,..,........_......._.i ._....n..;1....1 ..rl rail'................................................ . ................................................. ................................................................................................................................................... Quan Description Unit Pr I Total 1 ;start- up kit 450-150-276 450; 450 2 ;Anit-Wear Skid 412-000-302 125: 250 0 0 Total From Other Sheets, If Any: Subtotal li: 700 Check: Total cost ot UnpublishedOptions cannot exceed a of the total, For this transaction the percentage is: 2% of C;: i3t ler AIIQ . ances,. ? scouiitC3 404. 4':F h. Ma �e. eat .a . Mascei aneaus.Ci�ar as .................................:::::::::::::::: >::::::: : & ..............y....................... g............... Shipping & Handling 1252 Subtotal C:F 1252 Y3Q Days ARO Ta ' liale :.. a price: ..•+.•.R.•.+..0.•.�;.•:. 34137.3 D aJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: City Of Laporte Parks & Rec Mike Caldwell 2963 N 23rd St La Porte, TX 77571 Business: 281-470-5126 4 Brt oks c e Equlg3nanE Sales, nc. ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Brookside Equipment Sales 3715 S Sam Houston Pkwy E Houston, TX 77047 713-943-7100 Quote Summary BUYBOARD CONTRACT 529-17. MAKE PO OUT TO: JOHN DEERE CO. 2000 JOHN DEERE RUN. CARY, N.C. 27513. SEND PO TO brlorth@brooksidusa.com Delivering Dealer: Brookside Equipment Sales Brant North 3715 S Sam Houston Pkwy E Houston, TX 77047 Phone: 713-943-7100 bnorth@brooksideusa.com Quote ID: 20470995 Created On: 19 September 2019 Last Modified On: 20 September 2019 Expiration Date: 18 October 2019 Equipment Summary Suggested List Selling Price Qty JOHN DEERE 25006 PrecisionCut $ 45,255.20 $ 35,299.06 X 1 = Diesel Riding Greens Mower Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 529-17 (PG 67 CG 70) Price Effective Date: September 19, 2019 Equipment Total Trade In Summary Qty Each 2015 JOHN DEERE 7700A PRECISIONCUT 1 $ 5,000.00 FAIRWAY - 1TC770AVAES010082 PayOff Total Trade Allowance Trade In Total * Includes Fees and Non -contract items Salesperson. X Extended $ 35,299.06 $ 35,299.06 Extended $ 5,000.00 $ 0.00 $5,000.00 $ 5,000.00 Quote Summary Equipment Total $ 35,299.06 Trade In $ (5,000.00) SubTotal $ 30,299.06 Est. Service $ 0.00 Agreement Tax Total $ 30,299.06 Accepted By: X Confidential PRODUCT PRICING SUMMARY BASED ON CONTRACT BUYBOARD #521-16 Grapevine Dodge Chrysler Jeep 2601 Williams D Tate, Grapevine, TX 76051 End Use: CITY OF LAPORTE Contact: DONNIE POPLASKI Phone/Email: POP LASKID@LAPORTETX.GOV Product Description: 2020 CHARGER PURSUIT CHIEF A. Bid Series CHARGER PURSUIT P Piih1khari nntinnc 1.1tPMi7P aarh halnwl Rep: Dennis Thomas Phonei R1 7-410-7541 Email: - - Email: dthomas(@F-raoevinedcj;com Date:09 19 2019 A. Base Price: 21,770 Code Options Bid Price Code Options Bid Price LDDE48 CHARGER PURSUIT RWD INCL 27A V6/AUTO INCL COLOR CHOICE NC CXX9 CLOTH SEATING NC AES STREET APPEARANCE GROUP 364 GXQ ADDITIONAL KEYS 145 LNF/LNX LED SPOTLAMP 349 Total of B. Published Options: 859 C. Unpublished Options $= 0.0% Ontions Bid Price Options I Bid Price D. E. F. G. H. J. K. L. M N. 0. Total of C. unpublished Options: Pre -delivery Inspection: Texas State Inspection: Manufacturer Destination/Delivery: Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in stock and/or equipped vehicles): Contract Price Adjustment: 2019-2020 COST INCREASE Additional Delivery Charge: miles Subtotal: Quantity Ordered x K = Trade in: BUYBOARD Administrative Fee ($400 per purchase order) TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE PRODUCT PRICING SUMM, W ASED-CllftCiI RACT BUYBOARD #521-16 Grapevine Dodge Chrysler Jeep 2601 William D Tate, Grapevine, TX 76051 End Use: CITY OF LAPORTE Contact: DONNIE POPLASKI Phone/EmaiI:POPLASKID@LAPORTETX.GOV Product Description: 2020 CHARGER PURSUIT OTHERS A. Bid Series CHARGER PURSUIT Rep: Dennis Thomas Phone— 8 7-410- 541 — Email: dJhomasPRraI2evInedri.com Date: 09 19 2019 21,770 A. Base Price: -r- Code Options Options Bid Price LDDE48 CHARGER PURSUIT RWD INCLV6/AUTO INCL COLOR CHOICE NCCLOTH SEATING NC AEB STREET APPEARANCE GROUP 364ADDITIONAL KEYS 146 7GXQ Total of B. Published Options: 410 C. Unpublished Options $= 0.0% Ontions Bid Price Options Bid Price D. E. F. G. H. I. J. K. L. M. N. 0. Total of C. Unpublished Options: Pre -delivery Inspection: Texas State Inspection: Manufacturer Destination/Delivery: Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in stock and/or equipped vehicles): Contract Price Adjustment: 2019-2020 COST INCREASE Additional Delivery Charge: miles Subtotal: Quantity Ordered 2 x K Trade in: BUYBOARD Administrative Fee ($400 per purchase order) TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE UOTE# 92320.9 CONTRACT PRICING WORKSHEET End User: CITY OF LA PORTE Contractor: CALDWELL COUNTRY Contact Name: DONNIE POPLASKI CALDWELL COUNTRY Email: POPLASKID@LAPORTETX.GOV Prepared By: Dustin Adams Phone 281-471-9650 EXT 5114 Email: dustin@caldwellaountry.com Fax #: Phone #: 979--567-6133 Location City & State: LA PORTE, TX Fax #: 979-567-0853 Date Prepared: September 23,2019 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUY BOARD 521-16 Tax ID # 14-1856872 Product Description: 2020 CHEVROLET TAHOE 2WD CC15706 A Base Price & Options. $32,985 B Fleet Quote Option: Code I Description Cost Code Description Cost C Unpublished Options Code IDescription Cost I Code I Description Cost DOTE# 923201.9 CONTRACT PRICING WORKSHEET End User: CITY OF LA PORTE Contractor: CALDWELL COUNTRY Contact Name: DONNIE POPLASKI CALDWELL COUNTRY Email: POPLASKID@LAPORTETX.GOV Prepared By: Dustin Adams Phone : 281-471--9650 EXT.5114 Email: dustin@caldwellcountry.com Fax #; Phone #: 979-567-61.33 Location City & State: LA PORTE, TX Fax #: 979--567-0853 Date Prepared: September 23,2019 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUY BOARD 521-16 TTax ID # 14-1856872 Product Description: 2020 CHEVROLET TAHOE 4WD PPV CK15706 A Base Price & Options: $35,513 B Fleet Quote Option: Code Description Cost Code Description Cost LH HALOGEN SPOT INCL LIGHT, SINGLE KEY SYSTEM. 5.3L V8 ENGINE. SIX SPEED AUTOMATIC. RECOVERY HOOKS. FLEET MAINTENANCE CREDIT. BLACK INTERIOR. DELETE XM RADIO. BLUETOOTH, AM/FM RADIO. REAR VISION CAMERA. POLICE PACKAGE. GM WARRANTY INCL CALDWELL COUNTRY 5YR/100,000 MILES PO BOX 27 POWERTRAIN @ N/C CALDWELL, TEXAS 77836 (REAR DOORS, WINDOWS AND LACKS WORKING) Subtotal B I INCL Code I Description I Cost I Code I Description I Cost D Other Price Adjustments (Installation, Delivery, Etc-) Subtotal D INCL E' Unit Cost Before Fee &Non-Equ;pment Charges(A+B+C+D) $35,513 Quantity Ordered I 1 Subtotal E F I BUY BOARD FEE ON ORGA124AL PURCHASE I , G. Color of Vehicle: WHITE I I I H. Total Purchase Price (E+F) -12 3'J' , bl3 I Estimated Delivery Date: 60 TO 90 DAYS APPROX QUOTE# 9232019 CONTRACT PRICING WORKSHEET End User: CITY OF LA PORTE Contractor: CALDWELL COUNTRY Contact Name: DONNIE POPLASKI CALDWELL COUNTRY Email. POPLASKID@LAPORTETX.GOV Prepared By: Dustin Adams B Fleet Quote Option: Code Description Cost Code Description Cost LH HALOGEN SPOT INCL LIGHT, SINGLE KEY SYSTEM. 5.3L V8 ENGINE. SIX SPEED AUTOMATIC. RECOVERY HOOKS. FLEET MAINTENANCE CREDIT. BLACK INTERIOR. DELETE XM RADIO. BLUETOOTH, AM/EM RADIO. REAR VISION CAMERA. POLICE PACKAGE. GM WARRANTY INCL CALDWELL COUNTRY 5YR/100,000 MILES PO BOX 27 POWERTRAIN @ N/C CALDWELL, TEXAS 77836 C Unpublished Options Code I Description Cost I Code I Description Cost ............. . D Other Price Adjustments (Installation, Deli'v'ery, Etc... Subtotal D JINCL E Unit Cost Before Fee & Non -Equipment pment A Char es ' 3.. g (f+B+C+D) X32, 985 _ I R Non -Equipment Charges (Trade -In, Warranty, Eta..) I G. Color of Vehicle: SHADOW GREY I I K74 Estimated Delivery Bate.I APROX 60 TO 90 DAYS i� HGACuyCONTRACT PRICING WORKSHEET �i For Standard Equipment Purchases Contract No.: Date $/22�2aig Prepared: This •F. z7rin mast:be prepared.by Contractor. and -g' & rr :ta N .riser: End. irlser: issues PO hi Cnrrtrartnr,:and X14 UST irlso fad•k•copy•ofP0,•togetliei••igd( cbinpleterl17ricW W&?ks reef, fo H -G 1� ;X13 -9A3=4'548. ...kas� typ:eor B°''°� ;City of La Parte Ag encYC Contractor: :Associated Supply Co., Ina (ASCO) C°°'°`' Do1111ie Poplaski Per 3°n: PrcFparea :S kipper Robinson Phone: 1281-594-1819 Phone: 832-316-2507 Fax: Far: Email: poplaskidCa_lapOrtetx.goy Email: isrobir3sorl(a�ascoea.carn Product € EM19A77 Code- Description: Discovery Gradall D154 4x4 Discove Crossover A: P•rodiief 3tein'HaseUi4t•Peteb•P r•±Cotitractgr's 1T -G C�onivac I' $183,065.96 $. Published Qptions- Iteniixe blow.- rittaclr a'dditia al'sheet if n> ecssaiy:= Inclad. . ..on.C. . in. . . .iptinn ifalpplic. (Npte: j'iEbljsleci Qpiigns are Sltigns whit€; vyexe sabmitled'and pxiCed . Description Cost Description Cost Beacon, Single LED wl branch guard per—,7w$725,20 Boom rest guard : 0 D154 4x4 Chassis 1 $89 X10 46: Step, Driver's LH Side Rear i _$735,0 Step Passenger Side„ x, �$9800� Step, Passenger Side RH Rear $735.00 BOCE for Ditching Bucket $730.76 Bucket - Ditching - 60" Standard $5,167.54 Extra set of keys $20.00 Grapple Bucket $9,408.00 Subtotal B. E $108,026.46 C.•Uingublishedopthons-'Ifem' ize Uel'ow• -' Attach additional'she'et'if riocossary ; (Dote: Unpublished options .................. ale item's•which.3reie'ndt�uliniit#ed and pi iced in Contractoi's•bid.�. ....................... ............................ Description Cost Description Cost Subtotal From Additional Sheet(s): Subtotal C: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit; Price plus Published Options (A+$). For this transaction the percentage is: 0% H. -Total Cost befoi•c'any;other'applicable'Charges,•Trade-In's,Alloivance's, Discounts,'Eitc: Quantity Ordercd: 0 X Subtotal of A + B +'C:1 $291,092.42 = Subtotal D: ? $291,092.42 arges, Trace-Tns;;Allotivances; biscpyafs,;E. . Description Cost Description Cost Factory freight $7,100.00 Local delivery $600.00 Subtotal E: E $7,700.00 6aiVety•D1qe: 30-60 Days •T+: Totai-P..e. .. s. . Pz'ia=e;(D} );: $z9a,792.42 Lansdowne -Moody Co. LP. Industrial & Farm Equipment 8445 East Freeway 713-672-8366 QUOTATION The Pro Ponrorm ance Team 1 Customer Name City of LaPorte Buyer Donnie Poplaski Address 2963 North 23rd Street City LaPorte State Texas Zip 77571 Tel # (281 ) 470-5114 Fax # Cell # Date 28 -Aug -19 Salesman Jeff Sparks Quantity Your price Your Price Kubota SVL95-2SFC High Flow, Cab unit with bucket $ 66,072.05 $ 66,072.05 Demo Door Installed Demo Kit/ Hydraulic Coupler Guard,Front Light Guard $ 3,400.00 $ 3,400.00 Rear Light Guard, Hood Guard,Rear Door Screen, DEF - Guard,Fuel Cap Guard - Loftness 6113SH39132 61" Battle Ax w Quadco Teeth $ 23,190.00 $ 23,190.00 Paladin Heavy Duty Auger with 6" and 12" Hex Bit $ 3,450.00 $ 3,450.00 - Landpride AP-GB3080 80" Flat Bottom Grapple Bucket $ 3,950.00 $ 3,950.00 - Back Up Camera Installed $ 895.00 $ 895.00 - 1 Year extended warranty $ 1,200.00 $ 1,200.00 - Buy Board # 1437611 $ ^ - *****Quote Gauranteed through October of 2019***** $ - Trade In Information Model Year Allowance Payoff Description Sub Total $ 102,157 $ Trade In $ - Sub Total $ 102,157 ITax Total $ 102,157.05 JOHN DEERE Quote Summary Prepared For: CITY OF LA PORTE 2963 N 23rd St La Porte, TX 77571 Business: 281470-5126 `]OGGETT Prepared By: PATRICK NICKERSON Doggett Heavy Machinery 9111 North Freeway Houston, TX 77037 Phone: 713-679-6700 patrick.nickerson@doggett.com Quote ld: 20142099 E=xpiration Date: 05 August 2019 Equipment Summary Selling Price Qty Extended JOHN DEERE 85G EXCAVATOR $ 103,798.00 X 1 - $ 103,798.00 BUYBOARD CONTRACT PRICING $ 0.00 X 1 - $ 0.00 Buyboard Contract # 515-16 $ 0.00 X 1 - $ 0.00 John Deere Extended Warranty -48 $ 0.00 X 1 - $ 0.00 Month 5000 Flour Powertrain and Hydraulic Warranty Equipment Total $ 103,798.00 Salesperson : X Quote Summary Equipment Total $ 103,798.00 SubTotal $ 103,798.00 Total $ 103,798.00 Balance Due $ 103,798.00 Confidential Accepted By. X JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: City Of Laporte 2963 N 23rd St La Porte, TX 77571 Business: 281471-9650 �j-"ro�k�ide Hqulptrtant Sa es, Sns. ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Brookside Equipment Sales 3715 S Sam Houston Pkwy E Houston, TX 77047 713-943-7100 Quote Summary Delivering Dealer: Brookside Equipment Sales Brant North 3715 S Sam Houston Pkwy E Houston, TX 77047 Phone: 713-943-7100 bnorth@brooksideusa.com BUYBOARD CONTRACT 529-17. Make PO out Quote ID: 20430319 to: John Deere Co. 2000 John Deere Run. Cary, Created On: 12 September 2019Last Modified On: 12 September 2019 N.C. 27513. Send to bnorth@brooksideusa.com Expiration Date: 11 October 2019 Note: The 825M is discontinued for late 2019. The 835M will replace it as quoted. Equipment Summary Suggested List Selling Price JOHN DEERE GatorTM XUV835M $ 17,747.12 $ 15,794.93 X (Model Year 2019) Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 529-17 (PG 67 CG 70) Price Effective Date: September 12, 2019 Equipment Total * Includes Fees and Non -contract items Quote Summary Qty Extended $ 15,794.93 $ 15,794.93 Equipment Total $ 15,794.93 Trade In SubTotal $ 15,794.93 Est. Service $ 0.00 Agreement Tax Total $ 15,794.93 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 15,794.93 Salesperson : X Accepted By: X Confidential REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, 2019 Requested By: Louis R. Rigby, Mayor Department: City Council Report Ir' Resolution " Ordinance Exhibits: None Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY City Council has traditionally held one meeting per month during the months of November and December. This year, it would entail holding regular meetings on November 11 and December 9, and cancelling the November 25 and December 23, 2019, meetings. Should a need arise, a special session could be scheduled. RECOMMENDED MOTION 1 move that the Council cancel the November 11 and December 23, 2019, meetings. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, 2019 Requested By: C. Daeumer, Purchasing Mgr. Department: Finance Report Ir' Resolution" Ordinance Exhibits Evaluation summary Cintas proposal Appropriation General, Utility, Motor Source of Funds: Pool Account Number: Multiple Amount Budgeted: $71,000 Amount Requested: $70,000 Budgeted Item:; Yes No SUMMARY The City's provider for uniform rental services, G & K Services, has been purchased by Cintas. This prompted the City to post a Request for Proposal (RFP) for Uniform Services. Currently, 137 employees are provided eleven (11) sets of uniforms that are rotated out each week to be laundered and repaired, if needed. Additionally, several departments also use the service for mats, mop heads, and shop towels. A committee was formed from various departments that utilize this service to provide input on the scope of services and the evaluation criteria for the RFP. RFP #19503 for the annual contract of uniform services was opened on August 2, 2019 - only one proposal was received, from Cintas. Cintas offered pricing through their contract with US Communities, a cooperative purchasing organization for municipal, county, and state entities. City staff reached out to Unifirst, another uniform company. for comparison. Unifirst was awarded a contract for uniform services through BuyBoard, which is also a purchasing cooperative. Unifirst offered the City the same pricing and services through their contract with BuyBoard. The committee evaluated the two proposals, submitted questions to both vendors, and rated each proposal according to the criteria listed in the RFP. The scores were tallied and Cintas was rated higher. Under the US Communities contract, Cintas will offer three levels of pricing for the City: rental, lease and direct purchase. Under the rental program, the employees will be provided eleven (11) sets of uniforms that will be rotated out each week for laundry and repair. The lease program is for the employees who preferto laundertheir own uniforms, and therefore will not be charged for cleaning. The direct purchase will be for the purchase of items that have an embroidered City logo, such as polo - or executive -style shirts. The recommendation for this service is to award to Cintas, utilizing their contract with US Communities. The estimated cost annually for the service is approximately $70,000. Departments are charged according to their usage and sufficient funds are budgeted annually for this service. If awarded, employees would be outfitted with all new uniforms at the start of the new contract. The US Communities contract will be in effect until October 30, 2023. RECOMMENDED MOTION 1 move that the Council authorize the City Manager to enter into US Communities contract #R -BB -19002 for Cintas to provide uniform rental services. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 0 0 00 00 00 00 rn 00 < a s e m s m m p s co Ln Ln ro ro « e s s m a r r 3 o \ \wƒ Bw w\ 42 lw o o 2 § �_ \ - - {) [ \ \ \ \} U \\ \ to 4T -} �kId} \ lo m ~ \\ lw B ) 4�6~ { §\ f% \ -_ _ §: / (§) 42 \ \ )(6E46 - �( ) \ \ 2 ƒ\ \4o. { \ \ \ \ \ - \ Cpq iWAS", READY FOR THE WORK00' August 5`h 2019 City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Attn: Harry Reba RE: RFP # 1950' ) — Annual Contract for Uniform Services. Due Date: August 8h, 2019 @ 2:00 I?m CST Purchasing Department, I want to begin by thanking you for including Cintas in the RFP process for the City of La Porte's Uniform Services Program. I Cintas is proud to present this comprehensive best -value response as it specifically relates to RFP 419503. Professional uniforms are the core business offering of our company and we are committed to providing you and your team with the most professional level of service possible. We are excited about the opportunity and look forward to presenting our capabilities to you in this best -value process. As the number one ranked industrial laundry company, Cintas will operate as the prime contractor for the entirety of the service. Through the RFP preparation, uniform fitting events, initial delivery of uniforms, the week -to -week service, and the continuous customer service along the way, a variety of Cintas partners are here to make sure you become a Raving Fan of Cintas. We pride ourselves on customer satisfaction, and we are here to serve you. With our corporate headquarters in Mason, Ohio, over 400 facilities across the country (including 8 in the Greater Houston area), and over 41,000 employees; Cintas is known across North America as the premier uniform provider. Cintas has been named as the #1 "Diversified Outsourcing Company" by Fortune magazine as well as one of the "Most Trustworthy Companies" by Forbe's magazine. Through FY'19, Cintas posted revenue of $6.89 billion dollars, has over 1,000,000 customers, and provides uniforms to over 5,000,000 employees every day. As the largest uniform program manager in the world, Cintas is passionately focused on providing the best available uniforms through our dedicated service to our customers. Our world-class service will be provided to you from the 248 Houston-based employee partners at our south Houston office (#81) located at 1335 Kress Street just south of 1-10, east of downtown. As one of the largest locations in Cintas, this facility has undergone several large capital expenditures to continue to position the location as the leader in the market in service, quality, and compliance. Cintas a2rees to be bound by the proposal submitted to provide for the services specified in the contract; based on the mutual negotiation and agreement of the exceptions to the terms and conditions which are outlined on the followin pages.. We look forward to future, discussions regarding Our response and your uniform needs, Please -let us know if you have further questions or comments regarding our response and pricing proposal. My contact information is below and I can be contacted at any time. Best 4re-,a s, v essl Jere y essler Governmental Regional Manager Cintas Corporation 713-204-9328 dress leri a_ci ntas.com CINE0 Firm Bac round Cintas began humbly, established by Doc and Amelia Farmer in 1929 under the name Acme Wiper Company. To make ends meet during the Great Depression, they laundered used rags from local factories and sold them back to businesses. In the 1940's, Doe's son Hershell took the helm. Then in 1957, Hershell's son Dick came on board and was soon given full control of the company as Dick shifted the focus from rags to uniforms. By the 1960s, the core product offering became uniform rental, which expanded our growth across, the country. In 1973, we began operating under the name Cintas and later became a publicly traded corporation in 1983. Over the years, Cintas has developed innovative offerings including a polyester/cotton blend fabric that doubled uniform life, the first-ever Carhartt rental uniforms, and rental apparel designed exclusively for women. Today, Cintas is a $6.89 billion company with more than 40,000 employees that help to get more than 1,000,000 businesses of all types and sizes Ready for the Workday. Headquartered in Cincinnati, Ohio, Cintas Corporation provides highly specialized services to businesses of all types. Cintas designs, manufactures and implements corporate identity uniform programs, and provides entrance mats, restroom supplies, promotional products, first aid and safety products, and fire protection services for businesses across North America. Cintas is a publicly held company traded over the Nasdaq National Market under the symbol CTAS, and is a Nasdaq -100 company and component of the Standard & Poor's 500 Index. Cintas is vertically integrated which allows us to control the manufacturing and distribution of garments. This also helps us to control our costs, and in turn saving the customer money. By manufacturing our own garments for our Rental customers, Cintas garments have a consistent fit and look, so each Rental garment our customer wears will feel and fit just as comfortable as the next. Our, network allows us to get clothing from one of our 8, distribution centers (our closest competitor has 3) to one of our 400 rental locations within 24 hours. This allows quicker tum -around time for our customers and provides them with the high- quality service that Cintas prides itself on. Our garments are retail -inspired and provide an industry- leading comfort for your employees. We have included details of those garments in this response. We would encourage your employees to do a wear -trial with our garments. Their satisfaction with our clothes will make you understand why we bring the most value to your program. While our entire Houston (081), Texas operation of 248, partners help keep our customers happy, there are certain partners who play a larger role than others in your account. The key partners who will play a critical role in the set-up i and ongoing services of your account include: General Manager — Lisa Peace The General Manager at each Cintas location is responsible for the business results, safety record, and high customer satisfaction ratings that our inside/outside agencies maintain. The General Manager leads the direction of the Service, Production, Office and Sales Department. Lisa has been a strong leading partner with Cintas for the past 17 years. Lisa's journey with Cintas started as an Advanced Management Candidate. With her success in the program, she was promoted to a Service Manager position in 2003,1followed by a General Manager position in 2005 in Corpus Christi. After d '9 NTAs. accumulating success throughout the region, Lisa was promoted to be the General Manager of one of our Houston Area location in 2008, and has been consistently flourishing for the last I I years. With her leadership, the Houston location has achieved 6 OAA's (Outstanding Achievement Awards), which is earned by the best Cintas locations in the country. * 17 -year Cintas Partner o Started with Cintas in 2002 * Advanced Management Candidate 2002-2003 0 Service Manager: 2003-2005 * General Manager in Corpus Christi: 2005-2008, * General Manager in Houston: 2008 -Present Governmental Regional Manager — Jeremy Dressler This role was created to better serve our governmental customers. The Governmental Regional Manager is responsible for upper-level communication with customers and opportunity development. The Governmental Regional Manager coordinates program implementation and is the primary field contact for your account during the set-up and implementation. Working with other Cintas professionals, the Governmental Regional Manager will set the direction for the team and ensure the highest quality service and program support. Jeremy is a 16 -year partner residing in Fort Worth, Texas. He began his career with Cintas in Houston just after graduating from Texas A&M University in 2003. Jeremy participated in a 2 -year Management Trainee program designed to give college graduates exposure to all sides of our business, in an effort to develop them into managers in 5-7 years. Jeremy served as a Sales Representative for our Facility Services Division and our Uniform Division, which are 100% new business -focused industrial sales. He was then promoted to Dallas/Fort Worth to take over as a Market Sales Manager. Jeremy then took over our Healthcare Division for North Texas in 2012, serving as the one point of contact for Sales and Service to all of the hospitals in North Texas. Jeremy managed the Uniform, Facility Services, Document Shredding, and Deep Clean relationships in this role. In 2014, Jeremy moved into a newly created Senior Sales Executive role which focuses on the sales process to acquire and retain our largest local and regional prospects. After 3 years of working with customers such as Dallas Area Rapid Transit, AAFES, Aloe Vera, and Kraft, Jeremy moved into the newly created Governmental Regional Manager position. 0 Started with Cintas in 2003 • 16 -year Cintas partner • Management Trainee: 2003-2005 • Facility Services Sales Representative: 2005-2007 • Uniform Sales Representative: 2007-2008 • Market Sales Manager: 2008-2012 • Healthcare Division Manager: 2012-2014 • Senior Sales Executive: 2014-2017 • Governmental Regional Manager: 2017 — present dNTAs. Plant Manner — Joe Walaszek The Plant Manager oversees all aspects of our industrial plant. He: is responsible for production flow, wastewater management, safety, and leads partners to prepare products for delivery to our customers. The Plant Manager is in charge of monitoring cleaning quality, timely processing, maintaining stock room inventory, inspection, repair of garments, and ordering products for our deliveries. Joe is the most experienced partner in our location. He has been with Cintas for 32 years. He started his journey with Cintas in 1987 as a route assistant in Chicago. With his hard work and dedication, he was promoted through numerous positions throughout the country such as SSR, Stockroom Supervisor, and Assistant Plant Manager. In 2013, he became the Plant Manager for our Southeast Houston location. • 32 -year Cintas partner • 'Service Sales Representative: 1987-1988 • Supervisor Assistant: 1988-1989 • Supervisor: 1989-1997 • Stockroom Supervisor: 1997 • Production & Interim Plant Manager: 1997-2006 • Field Service Representative Millennium Mats/Cintas: 2009-2011 • Plant Manager: 2011 -Present Branch Manager — Stephen F9_jt The Branch Manager is responsible for day-to-day operations to help drive profitable growth through new business sales and customer retention. By offering additional products and services, throughout our team of Service Sales Representatives (SERs), the branch increases value for our existing customers. This position also focuses on reducing maintenance costs by streamlining production efficiencies and implementing improvement ideas. Stephen started out as a SSR in 2001. With dedication in his work, he was promoted to Service Supervisor in 2002, followed by Service Manager in 2005. Stephen became a Branch Manager in 2008 and has helped the location grow at a minimum of 5% per year for each of the last 10 years. • Service Sales Representative (SSR): 2001 • Service Supervisor: 2002-2005 • Service Manager: 2005-2008 • Branch Manager: 2008 -Present Service Managers — Dylan Brock Service Managers oversee the daily deliveries and interactions with all of our customers and serve as an additional point of contact for all our local customers. Our Service Managers are focused primarily on customer satisfaction through our delivery system. Our Service Manager Dylan Brock is a 4 -year Cintas partner. He started as a Management Trainee in 2015. With his excellence performance in the: program, he was promoted to his current role as Service Manager in 2017. Management Trainee: 2015 Service Manager: 2017 -Present ciNrAs. Service Sales Representative (SSR) Service Sales Representatives are the liaison between your individual locations and the Cintas local office. Our Service Sales Representatives are the service experts on your individual locations. They can answer questions or service concerns,, and are empowered to work with you directly to make -adjustments or changes that you request. They are directly responsible for the delivery and pick-up of uniforms on a weekly basis. The Service Sales Representative(s) have the ability to run their own business and manage their customers. This ensures timely responses, changes, and solutions to our customers in a real-time face-to- face interaction on a weekly basis. For your account, the following SSRs will be appointed: - Orlando Corral — Uniform SSR o Orlando will be responsible for servicing garments (uniform) for your account - RQ Phillips — Facility Services SSR o RQ will be responsible for servicing Facility Services (towels, mats, mops, etc.) for your account Customer Service Manager — Justin Kolakoff Our Customer Service Team is located at our local office in Houston and operates from 8:00 AM - 5:00 PM Monday through Friday. Our Customer Service Team is trained to handle all types of calls, and to work with the customer to find resolution to their requests, needs, and occasionally complaints. As our Customer Service Manager, Justin Ko�lakoff is the main point of contact in the Customer Service 9 Department. He is located here in Houston, Texas and has been with Cintas for 12 years. 0 CIMAS. Experience and References As the largest uniform provider in the country, Cintas is well -versed and well-equipped to handle this solicitation as our local Houston, TX operation puts nearly 30,000 employees in uniforms every day. Cintas is familiar with working with municipal organizations as we have service in place for many local Texas governmental agencies as well as, thousands of U.S. Communities/ON4NIA members across the country. We currently service over $2.0 million dollars in revenue on a weekly basis with governmental agencies such as cities, counties, school districts, and state contracts. While our people and our garments are distinct competitive advantages, our service system and operating procedures are what gives us the ability to provide industry-leading service to all our customers. The following pages highlight some of our local references as well as reference letters, from agencies who were managed throughout the implementation phase by Jeremy Dressier, our Governmental Regional Manager. CIIJrAs. City of La Porte Purickasing Department r.01'"em Cherell Daeurner, Purchasing Manager References: Please PRINT or TYPE here, the names, addresses and other contact information, of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may be milling to provide a reference and recommendation for your company. Failure to complete and submit this form may be cause to disqualify your proposal. References provided must be for similar services. At least 2 references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and a brief description of the services involved for each reference provided. Company Name Contact Address Telephone E-mail k" '� I !�tgwtj Company Name Contact Address Telephone E-mail! Company Name Contact Address Telephone E-mail An f !lk�_ I a f�_S LAIt Company Name Contact Address Telephone E-mail " I'm -9bi:g CCMA Company Name Contact Address Telephone E-mail L bAm LOWLA q% Lp Company Name Contact Address Telephone E-mail Dallas Area Rapid Transit P.O. Box 660163 Dallas, TX 75266-M63 214/749-3278 0 To Whom It May Concern: Please accept this letter of recommendation for Cintas Corporation. Dallas Area Rapid Transit is currently using Cintas for our uniform contract, which encompasses approximately 900 employees at 15 locations throughout our 700 square mile service area. Their professional sales staff which was led! by Jeremy Dressier played a key role in the acquisition and implementation of this contract. Jeremy and his team were extremely knowledgeable of Cintas products and industry standards that have placed them in the forefront of the uniform business. As we have progressed through this contract from startup to daily service, we have received a 5 Star level of service built on professionalism and responsive work ethics from all members of the Cintas team. I! highly recommend Cintas Corporation, and our Contract Management staff looks forward to working with Cintas throughout the term of this contract and beyond. Perry Cole Manager, Fleet Services Support 214 828-6795 (0) 972 670-2968 (C) PcoleAdart orn IN UZMMMMZN� City of Kansas City, Missouri Ist Floor, Room lo2W,, City Hall 414 East 12th Street Kansas CitY, Missouri 641o6-2793 (816) 513-0851 / Fax: (816�) 513�1156 I am writing this letter as a recommendation for the services andproducts provided by Cintas to the City of Kansas City, Missouri. For the past few years, I have worked hand in hand with Cintas to assist the City with various aj�oducts and servL for the entire City as, well as rental floor mats and related supplies. Cintas also provides the City with our monogrammed shirthlacket purchases. Cintas brought to the City their expertise and provided us with a seamless supplier change process, The feedback I received from our many City departments and divisions were all Positive. Cintas has provided the; City with an excellent business model that has transformed AVur service level. I would like to hiatcl. - - Td (;�+no gak*un'm RM= Art Robemon, CPPE3 Pro posed.Servicing and Program Details With Cintas being the current provider for the City of La Porte, the transition into the new contract will be significantly easier than bringing in a new vendor. Our proposed plan to improve our service for the City is to transition your account from the G&K program you originally signed up for, into a Cintas program. We want to set your team up with the retail -inspired garments that Cintas offers through our distribution network while getting your team all in the same uniforms as opposed to a mix of G&K uniforms and Cintas uniforms. Following the finalization of details regarding garment selection, garment colors, and emblem selection, Cintas will coordinate the initial fitting events at each of your locations. Cintas will provide garments (pre-shrunk) for each employee to try on to ensure that the proper size and appropriate garment for the job function is selected. Those sizes are recorded and verified by each employee. These sizes will be updated daily and reported to the designated City personnel to keep them updated on our progress and to assist them in helping us coordinate fittings. Cintas will schedule several fitting events at each of your sites in order to ensure we gather sizes for each employee. It is important for the City to communicate to, their teams that these fitting events are mandatory so that we can make sure we get them the correct sized uniforms. During the time that we are fitting your employees, partners will be working behind the scenes with our Distribution Planning Team to begin to allocate garments for, your account at our various Distribution Centers. After all employees are fitted for their uniforms, Cintas will key the order into the system. From there, emblems are ordered and shipped to our Distribution Centers to be applied to the garments. Through our large contract order form, the typical lead time is 6-8 weeks for the initial set-up of an account of your size once the garments are ordered. Once the garments are ready for delivery, Cintas personnel will make the various deliveries at all your locations. For the initial delivery, there will be an abundance of Cintas partners at each site to ensure quick distribution of uniforms to your team, make changes as needed, and to ensure complete: satisfaction with the new program. After the program is, installed at each of your locations, a series of follow-up steps takes place. Each location is contacted to ensure that they are satisfied with the installation and a variety of internal audits take place to confirm your requirements have been met. In addition, our first follow-up visits will be scheduled for the following week. We will use those visits to address any errors that may have taken place during the initial set-up. We will also use that time to set-up, ongoing calls and/or visits to ensure the smooth transition into your new uniform program. Our facility located at 1335 Dress Street in Houston will likely be the new location to provide service to the City of La Porte for the new contract. The following power -point highlights our service model including our TruCount garment tracking program which provides total accountability of the uniforms. It is a unique service advantage that only Cintas can provide to 100% of our customers. Garment tracking is a competitive advantage that Cintas has over any competitors in the Rental part of a uniform program. If your organization is interested in our other garment programs, we have included information that highlights the differences, between a Rental, Lease, and a Purchase program. CIMAS. F ol IF I IMBAft, 4w ol IF I IMBAft, /g//g wrmom j p PH"MhVVlid9id,. ✓� � hM M� / U, �� N fflW�m ��Vll�l • �INm" � � rel Ul(fi 1 �iUumm tl � • MAIC j � Y�� m �p r ' � YUYigfl�M,rrnA /� ayq�,My�1 � +1r • � `' ��i/O/�I� �ffNdWYNt S �F • • M� i 'NIN b p �>iY • aM #! �" �i Nth +w • +� Mr r nW9l� � Mm /i/// 0 9 13 ro m >N a! 1 1 4-4 1 1 1 1 i 1 1 o 1 � o 1 C. 1 � 1 1 i CO 4-0 co • r• m M N 0 9 13 Q • 0 > Co r 0 1 1.. tU — 4- 0 LM CI rY CD 00 c- a M 1 m -''-' 7a>) 0 a E C)�"p 0 > CpE a � cn� T 3 1 a cn Co 0• rs a) a) LME• > C) 0 M 4- m (D Emm LM U0 C c:c M rr C: CL 0 CIO a 0 ZJ 4-a i a) co o a) C w Q �. -0 (r t Co r 1 1.. CI rY CD M 1 m s • • T 3 1 a CU 0• rs C rr 0 CIO a lIM i 1 N Q Lm s y •J A Q d iii o Lm c E Lm M F" U U CL Sw CL an%= s y •J A Q d w♦ s y •J A Q d E CIDE CU -3 ti6J � �I 4-J C u u ate% 1�I Z- �/ W LM oii L•— 4-1 � i bO 0�ry� •�, CC (1)V � CL 0) E ryC il�ll \,y Z� Ol Ln W„r' C M (g rpr�yWV E ice. Z. � V '� * .�..wl &Zrrr Myq hA ��GRJ O �� r ,� V) �y � '4W,. ECu 0 0.. 0 (Al ' 4.Y • 1Yt' V) �"o > a) mllllllllllllllli 0)100 C ui • • 0 r"I Ld ON (A 0, L- 4 -J 0 o u IlL LM CL 0J4- c > MIMMELL-i WZ20070 I Ll Customer Satisfaction �Pro ram In addition to communication between your team and our 'Service Sales Representatives, our Customer Service Team is dere as well to make sure that all loose ends are tied up. Our local. Customer Service Team offices out of each servicing location. so that they can have direct communication with everyone in the operation regarding Customer Service items The system we have developed to ensure that customer requests get completed is the Customer Request Form. Every call to our Customer Service team is logged and all requests made by our customers are tracked and recorded. At the end of the day each Service Sales representative must check in with customer service and sign out before leaving for the day. If any requests have been called in on that day, the Service Sales representative must complete the request. This system is set up as a measure of cheeks and balances to ensure the customer that we are constantly striving to achieve the best customer service possible. If any request is not completed by the day's end, then the request is brought to our General Manager and the Service Sales representative is held accountable. We want to make sure that all customer requests are addressed within 24 hours. Customer Service Representatives proactively call each customer to make sure that the customer is highly satisfied with our response to the customer request. Cintas operates five rental facilities in the Houston area. This proximity to additional resources provides peace of mind knowing that in the event we have a strike, a hurricane, a tornado, a water -main breaking, etc., Cintas has the resources available to re -allocate partners to various Cintas locations in order to make sure that our customers receive the service they deserve. cINTAs. Pricing Description The pricing used in our response is based on the pricing of our national relationship we have with the U.S, Communities / ON4NIA purchasing organization as the single -award vendor for both uniform rental and uniform purchase programs. The pricing for this governmental cooperative purchasing organization is some of the most aggressive pricing we provide to our over 1,000,000 customers and is already discounted significantly from our national account pricing. Pricing for our most popular items are included in this response for both Rental and Purchase programs. Items that are not listed, are given 10% off of our national account pricing The unit pricing for the garments on the Rental Pricing Evaluation sheet is the charge for the rental of the: garment only. At the start of the contract for a Rental program, Cintas purchases brand new uniforms for every employee, applies the City of La Porte emblem, applies the department/name emblem, and applies the TruCount scan ID tape on every garment free of charge for the initial outfit. After the initial install, we provide two options to pay for the additional charges for name emblems, company emblems, ID tapes, destroyed garments, size changes, etc. Along with the actual uniform rental, the following optional Drogram would be charged on a weekly basis and would cover all of those scenarios. The below options are similar to an "insurance" program where you pay weekly, but if a garment is destroyed, new emblems are needed, new ID tapes are needed, etc., there will not be any additional charges because the costs below cover those on a weekly basis. • Emblem Advantage Charge (for shirts or jackets); this $0.08 per garment per week charge covers both the name emblems and the City emblem; this program eliminates future charges for emblems that would be incurred with size changes, add-ons, etc. • Prep Advantage Charge (for all garments); this $0.04 per garment per week charge eliminates future charges for ID tapes that would be incurred with size changes, add-ons, etc. • Uniform Advantage Charge (for all garments); this $0.07 per garment per week charge eliminates future charges for garments that would be incurred with stained, torn, or destroyed garments due to accident or even negligence by the employee. This charge does not cover garments that are lost by employee. Any rental garment that is lost by an employee or destroyed in the event the customer is not participating in this program, will be charged at the amounts listed below. • Premium Advantage Charge (for all FRC or ANSI garments); this $0.20 per garment per week charge eliminates future charges for garments that would be incurred with stained, tom, or destroyed garments due to accident or even negligence by the employee. This, charge does not cover garments that are lost by employee. Any rental garment that is lost by an employee or destroyed in the event the customer is not participating in this program, would be charged at the amounts listed below. Most customers, especially in the government vertical enroll in the optional programs above to keep their invoicing flat and to help with budgeting purposes. However, they are optional and removing these programs could either increase or decrease your total spend, depending on the total number of garments that may be changed out or destroyed. If the City of La Porte elects not to participate in these programs and wants to only pay the baseline pricing, the additional charges the City could incur are as follows for size changes, add-ons, etc.: * Company Emblem — $2.50 per emblem, per U.S. Communities • Name/Department Emblem - $1.50 per emblem. • ID Tape - $1.50 per ID tape • Garment — No additional charge for the new set of uniforms, provided all old uniforms are returned 0 CINf%S. d 4 c 3 .. 0 4.0 CL v► CS X a � LU uj O 4-0 u b 4� a' as v_s Q CL O av \ ra c „� CL C m sn gym+ a �? 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Rental/Lease/Replacement Casts Usg /E Price Description) 205 RENTAL U F $ 0.17 WOMENS SHIRT PKT 205 Unilease U F $ 0.13 WOMENS SHIRT PKT 205 Lass/Replace fee U D $ 17.00 WOMENS SHIRT PICT 259 RENTAL U F $ 0.23 PRO KNIT N'C 259 Unilease U F $ 0.17 PRO KNIT NG 259 Loss/Replace fee U D $ 2:0.470 PRO KNIT NG 268 RENTAL U F $ 0.17 T SHIRT PRO KNIT 268 Unilease U F 0.13 T SHIRT PRO KNIT 268 Lass/Replace fee U D $ 16.00 T SHIRT PRO KNIT 270 RENTAL U F $ 0.33 CARGO PANT 270 Unilease U F $ 0.25 CARGO PANT 270 Loss/Replace fee U D $ 27.00 CARGO PANT 273 RENTAL U F $ 0.25 HIGH IMAGE WORKSHIRT 273 Unilease U F $ 0.19 HIGH IMAGE WORK5HIRT 273 Loss/Replace fee U D $ 23.00 HIGH IMAGE WORKSHIRT 275 RENTAL U! F $ 0.34 HI PERFORMANCE POLO 275 Unilease U F $ 0.25 HI PERFORMANCE POLO 275 Lass/Replace fee U D $ 28.00 Hl PERFORMANCE POLO 280 RENTAL U F $ 0.55 CARHARTT FR JEAN 280 Loss/Replace fee U D $ 49.00 CARHARTT FR JEAN 290 RENTAL U F $ 0.55 CARHARTT FR CARP JiN 290 Loss/Replace fee U D, $ 49.00, CARHARTT FR CARP JN 294 RENTAL U F $ 0.42 CARHARTT FR WORK SH 294 Loss/Replace fee U D $ 49.00 CARHARTT FR WORK SH 317 RENTAL U F $ 0.44 FROCK CR TAFF ELAS 317 Unilease U F $ 0.33 FROCK CR TAFF ELAS 317 Loss/Replace fee U D $ 25.00 FROCK +CIS TAFF ELAS 330 RENTAL U F $ 0.25 COTTON WORK SHIRT 330 Unilease U F $ 0.19 COTTON WORK SHIRT 330 Loss/Replace fee U' D $ 18.00 COTTON I WORK SHIRT .340 RENTAL U F $ 0.34 COTTON WORK PANTS 340 Unilease U F $ 0.25 COTTON WORK PANTS 340 Loss/Replace fee U 0 $ 23.50 COTTON WORK PANTS 366 RENTAL U F $ 0.35 HIGH IMAGE JKT 366 Unilease U F $ 0.26 HIGH IMAGE JKT 366 Lass/Replace fee U LD $ 45.00 HIGH IMAGE JKT 370 RENTAL U F $1 0.31 CARGO SHORTS 370, Unilease U F $ 0.24 CARGO SHORTS 370 Loss/Replace fee U D $ 27.00 CARGO SHORTS 371 RENTAL U F $ 0.42 FR CARHARTT WORK PNT 371 Loss/Replace fee U D $ 44.00 FR CARHARTT WORK PNT 374 RENTAL U F $ 0.25 CIN'TAS OXFORD 374 Unllease U F $ 0.19 CINTAS OXFORD 374 Loss/Replace fee U D $ 22.00 CINTAS OXFORD 381 RENTAL U F $ 0.371 CARHARTT5 PKTJN 381 Unilease U F 0.28 CARHARTT5 PKTJN 381 Lass/Replace fee U D $ 27.00 CARHARTT 5 PKT JN' 382 RENTAL U F $ 0.37 CARHARTf CARP JN 382 Unilease U F $ 0.28 CARHARTT CARP JN 382 Lass/Replace fee U D $ 30.00 CARHARTT CARP JN 383 RENTAL U F $ 0.42 CARHARTT PANT 383 Unilease U F $ 0.32. CARHARTT PANT .383 Loss/Replace fee U D $ 25.00 CARHARTT PANT 384 RENTAL U F $ 0.33 CARHARTTSHIRT 384 Unilease U F $ 0.25 CARHARTT SHIRT 384 Loss/Replace fee U D $ 25.00 CARHARTTSHIRT 390 RENTAL U F $ 0.27 WVOMENS PANT SUSAN 390 Unilease U F $1 0.20 UWOMENS PANT SUSAN 390 Loss/Replace fee U D $ 21.00 WOMENS PANT SUSAN 391 RENTAL U' F $ 0.88 CARHARTT FR CURL 391 Loss/Replace fee U D $ 84.00 CARHARTT FR CURL 394 RENTAL U F $ 0.29 CINTAS DENIM JEAN 394 Unilease U F $ 0.21 CINTAS DENIM JEAN 394 Lass/Replace fee U D $ 20.00 CINTAS DENIM JEAN 395 RENTAL U F $ 0.27 W6/OMENS PANT CATHY 395 Unilease U F $ 0.20 '1PWOMENS PANT CATHY 395 Loss/Replace fee U D $ 21.00 WWOMENS PANT CATHY 833 RENTAL U F $ 0.17 FOOD PROC SHIRT 833 Unilease U F $ 0.1.2 FOOD PROC SHIRT 833 Loss/Replace fee U D $ 13.50 FOOD PROC SHIRT 865 RENTAL U F $ 0.27 PLEATED PANT 865 Unilease U F $ 0.20 PLEATED PANT 865 Loss/Replace fee U D $ 22,00 PLEATED PANT 912 RENTAL U F $ 0.25 COVERALL. 912 Unilease U F $ 0.19 COVERALL 912 Loss/Replace fee U D $ 30.00 COVERALL 925 RENTAL U F $ 0.24 LAB COAT 925 Unilease U F $ 0.18 LAB COAT 925 Loss/Replace fee U D $ 25.00 LAB COAT 935 RENTAL U', F $ 0.17 COMFORT SHIRT 935 Unilease U F $ 0.15 COMFORT SHIRT 9135 Loss/Replace fee U D $ 15.00 COMFORT SHIRT 945 RENTAL U F $ 0.19 COMFORT PANT 945 Unilease U F $ 0.16 COMFORT PANT 945 Loss/Replace fee U D $ 18,00 COMFORT PANT 970 RENTAL U F $ 0.40 HIP LENGTH JKT 970 Unilease U F $ 0.30 HIP LENGTH JKT 970 Loss/Replace fee U D $ 31.00 HIP LENGTH JKT 5230 RENTAL U F $ 0.1.5 CR SIVE PREMIUM 5329 RENTAL U F $ 0,15 FR SPEC CUT CHG CURL 5330 RENTAL U F $ 0.15 FR SPEC CUT CHG PTH 7329 RENTAL U F $ 0.15 SPECIAL CUT CHARGE 66273 RENTAL U F 0,25 WWOM HI IMAGE WORK SH 66273 Unilease U F $ 0,19 WC7M HI IMAGE WORK SH Garment 66273 Lass/Replace fee U D 23.00 WOM HI IMAGE WORK SH 66275 RENTAL U F $ 0.34 POLO WWMNS POLY SS 66275 66275 Unilease Lass/Replace fee U U F$ 0 $ 0.25 28.00 POLO WMNS POLY SS POLO WMNS POLY SS 71.125 RENTAL U F $ 0.32 CHEF PANTS 71125 Unilease U F $ 0.25 CHEF PANTS 71125 Lass/Replace fee U Q $ 26.00 CHEF PANTS 82497 RENTAL U F $ 0.2.5 BUTCHER COAT 82497 Unilease U F $ 0.19 BUTCHER COAT 82497 Lass/Replace fee U D $ 24.00 BUTCHER COAT 82.670 RENTAL U F $ 0.24 CHEF COAT 82.670 Unilease U F $ 0.18 CHEF COAT 82670 Lass/Replace fee U D $ 2.3.00 CHEF COAT Garment U.S. Communities / OMNIA Pricing: Direct Purchase Catalog Items #T IWII bescription, 205 Womens Comfort Work Shirt WW/Pocket 65/35/ Poly Cotton Ceiling Price $21.59 259 Pro-Knit Polo Shirts Moisture Wicking 100% Poly $19.99 268 Pro-Knit Polo Shirts 10010 Poly $16.19 270 Comfort WorkCargo Pant 65/35 Poly/Cotton $24.99 273 High Image Work Shirt 65/35 Poly/Cotton $26.99 275 High Image Performance (Polo Shirt 100% Microfiber Poly $29.69 330 Cotton Work Shirt 100% Cotton $19.99 332 Cintas Woven Chambray $27.0097 340 366 Cotton Work Pant 100% Cotton High Image Jacket 65/35 Poly/Cotton $21.99 $59.99 370 Comfort WorkCargo Short 65/35 Poly/Cotton $19.99 374 390 Executive Dress Shirt 57/43 Poly/Cotton Womens Fit Comfort Work Pant 65/35 Poly/Cotton (Slim Fit) $17.99 $17.99 394 Jean! Pant 100% Cotton $25.19 395 Womens Fit Comfort Work pant 65/35 Poly/Cotton $17.99 i 833 Food Processing Shirt White/Blue (no pockets, grippers) 65/35 Poly/Cotton $20.691 865 Pleated Comfort Work Pant 65/35 Poly/Cotton $17.99 912 Coverall 7.5 oz 65/35 Poly/Cotton $25.99 935 Comfort Work Shirt 65/35 Poly/Cotton $15.99 945 Comfort Work Pant 65/35 Poly/Cotton $17.99 970 Lined Service Jacket 65/35 Poly/Cotton $27.99 8723 Tecasafe Plus FR Coverall $110.69 36550 Baggy Chef Pant 65/35 Poly/Cotton $17.99 48480 Happy Chef Food Service, Chef Hat, Student (Beret) $4.99 59925 White Lab Coat 80/20 Poly/Cotton! LS $14.99 60087 Carhartt FR Work Shirt $65.69 63869 Carhartt Canvas Jean $74.69 65375 ChefWorks Cool Vent Chef Coat 65/35 Poly Cotton LS, $29.69 65493 Cintas Gripper Snap Polo $20.69 66,273 High Image Womens Work Shirt 65/35 Poly/Cotton $26.99 66275 Womens High Image Performance Polo Shirt 100% Microfiber Poly $29.69 70610 Carhartt FRCarpenterJean $70.19 70644 UltraSoft PR Pant $47.69 74307 Carhartt Pocket Jeans 100% Cotton $38.69 74308 Carhartt Carpenter Jeans 1100%Cotton $43.19 74309 Carhartt Work Pants 100% Cotton $47.69 82497 White Polyester Butcher Coat 100% Poly $25.19 82976 Cintas Bib Apron $4.99 100446 Happy Chef Food Service, Skull Cap, Flat Top-Chicago $6.919 106452 Cintas Classic Chef Coat $35.99 106943 Cintas Classic Che Coat Womens $35.99 • +r ! ri w w • r, CL r ! 0 • r • r, r' . • r • • • co r w r ! • r , ! • w . w r Er r i CL • ! r r ! ! 1M s i r w w • 'r '0 r C- •! tnw w r, E ! �r 4-1•l 0r • • 5 • w r •► +r w w ujto w E 0 Q) 4-J u Ln to 0 C: > (n r to 4 -Ju -0 w E C- 4- 0 W W 4-1 W 0 41.A -C U :t W > 0' -C >. 4-j 00 0 to 44f Q(3) >_ SCS Q) i to C E 0 Ell 0 L _IZ) L- r) L- Co m o Z, l w • wrff 1 wy 41 • � r r 7 • r s w �► w � w � r +r • • ww ;� ,,,,iii; , %j 0 0 u b-0 76 o 4--f 4-J 0ll 0 0 u 4-J NO 4-J 00 0 U r,4 4-J c 0 4-J Ln 4-J x 0 (-a 4-J CL M C U (D 4-J 0 CL c u 0 21 >- 4-J c (Ij m w a- 4 " j :L o 4-J u 4-j _0 Ln 1.2 U E ro E' = X 0 CL I Ln 0 �m w 0 - m m > > 4,J m kjo U -2 W Ln Co E <» < w I r-4 4--J > 2V) CL E 0 0 cu > -0 >- D 4-j > cu c cu -C 02 b.0 4-J Ln 4-J 4-J 0 U LL CL Ln T Eo w Ln 0 rH m 4-j u T -H V) ro Zn I� j i 6 9 i i IVp,, ORIONI i i fill,l i Ifflio, j %JIOf' L y V I' m. i LnNLn �J L- ... C:' �ry V .0 2 0 L i W L- 0 i r.. '�+� � ✓' P7 L 0 > VJ X... � :E G 1 C: 0� E / Ln WSp i /'^tii. W 4-Jy f i V V V ry y v, 0 j xLinr-q 0 Additional Documentation 0 c i NTAsO The undersigned agrees this submission becomes the property of the City of La Porte after the official opening The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will! be required: for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 90: calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of La Porte, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of La Porte prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States,, 15 USCA Section 1 et seg., and which arise under the ,antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have, read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy, without clearly identifying changes. The undersigned understands they will be responsible for monitoring Public Purchasing Website at: www.publicpurchase.com to ensure they have downloaded and signed all addendum(s) required for submission with their response. l certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in thus submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge receipt of followi g addenda to the solicitation; Addendum No 1 Dated Received Addendum No 2 Dated Received Addendum No 3 Dated Received AUTI Sign, Date Nam Title Tel IS 0 CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176,006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Cod An offense under this section is a misdemeanor, El Name of vendor who has a business relationship with local glovernmentall, entity. 21 F-1 Check this box if you are filing an update to a previously filed questio, sire. (The lawnrequires that you file an updated completed questionnaire with the appropriate filing authority not later t n the 7th business day after the date on which t you became aware that the originally filed questionnaire was into lete or inaccurate.) 31 Name of local government officer about whom the information 7 g disclosed. Name of Off i r AJ Describe each employment or other business relation ip with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Als escribe any family relationship with the local government officer. Complete subparts A and B for each emplo siness relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local rnm t officer or a family member of the officer receiving or likely to receive taxabie income, other t n inv t ' come, from the vendor? Yes F-1 No B. Ishe ven r receiving or likely to receive taxable income, other than investment income, from or at the direction , o h 10cal ; vernment officer or a family member of the officer AND the taxable income is not received from the f the local gov nme ntal entity? F7yes E:1 No -5J Describe ch employment or business, relationship that the vendor named in Section 1 maintains with as corporation or otherbu ness entity with respect to which the local government officer, serves as an officer or director, or holds an I owners ip interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 HOMR-W-61 the undersigned representative of (Company or Business name (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under loath that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -,named Company, business or individual with Bastrop County, Texas. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include on action made for ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiaryt, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. % % ON THIS THE v) day of 0 20 plersoinally appeared 3e'V-e"Wq U're35)f�7'L the above-named I person, who after by me being duly sworn, did swear and confirm that the above is true and correct. PAYTON R. SELLERS 46blic, State of Texas Comm. Expires 02-12-2023 1-10 - ; .. ' , I Notary ID 131890328 UNIFORM RENTAL Your team's image us a reflection of your public agency, and there's nothing like having them report to work in a clean, professional-Iooking uniform. With a Cintas uniforrn rental program, your employees are al'iways readyTM to impress ... whether they're wearing our Classic Workwear, High Image Apparel, exclusive Carhartt"I" Rental Workwear, exclusive Chef Works" Rental Culinary Apparel, or our line of apparel tailored just for women. Every week, you'll simply turn in your uniforms that are ready for laundering — and weT take care of all your cleaning, repairs and maintenance. OMNIA P A R T N E 8 S on your workday confidence FACILITY SERVICES You're busy focusing on your public agency. So the last thing you need to worry about is your lobby being clean, your restroorns being disinfected and your floor mats being replaced. With scheduled service visits, Cintas, enroll help you keep every corner of your facility ready — by restocking your restroorn supplies and cleaning chemicals, and dehverinq fresh mats, mops and towel's. We even keep you at your professionap best with deep -cleaned tile, carpets and restrooms. ft all adds up to streamlining your day and saving time and money. For more information to get started contact Cintas at OmniaPartners@cintas.com. M Z �� EVEN P WE WHERWIM 0 aNTAs, READY FORTHE WORKDAY FOR IMMEDIATE RELEASE December 13, 2018 Cintas Awarded the National U.S. Communities Facility Services Contract Cintas, America's leader in the service industry awarded U. S. Communities Contract by Lead Prince Williams County Public agency, CINCINNATI— December 13, 2018 – Cintas Corporation (NASDAQ: CTAS), announces that it has been awarded a renewed multi-year (60 month) contract (Renewal Extension 10/30/2023) to provide facilities solutions to U.S. Communities Government Purchasing Alliance's participating agencies. Cintas has been the agency service provider since 2012. Cintas offers highly specialized services such as the and carpet cleaning, uniform rental and purchase, facility solutions, first aid and safety products and training, fire protection and document shredding to more than 900,000 business throughout North America and abroad. "We are very excited about the opportunities that the relationship, affords to Cintas," said Mike Thompson, Senior Vice President of Facility Services "Because Cintas offers a broad spectrum of products and services to help businesses and public entities run more efficiently, Cintas is able to provide unique solutions to the Public Agency marketplace," he added. More than 90,000 state, local and municipal agencies, non-profit organizations, schools and special districts will have access to all Cintas' solutions at competitive pricing. Harford County Public Schools located outside Baltimore, MD, served as the lead public agency managing the bid process and awarded Cintas Corporation the contract after carefully evaluating proposals from several other respondents. Through the U.S. Communities contract, Cintas can provide Public Agencies a solution set that delivers cost savings across its full service line, Public Agencies will now enjoy a relationship with the nation's leader in facilities solutions. About Cintas: Headquartered in Cincinnati, Ohio, Cintas Corporation provides highly specialized services to businesses of ail types. Cintas designs, manufactures and implements corporate identity uniform programs, and provides entrance mats, restroom supplies, promotional products, first aid and safety products, fire protection services and document management services to approximately 800,000 businesses. Cintas is a publicly held company traded over the Nasdaq National Market under the symbol CTAS, and is a component of the Standard & Poor's 500 Index, About U.S. Communities: U.S. Communities is the leading national government purchasing cooperative, providing world class government procurement resources and solutions for local and state government agencies, school districts (K-12), higher education institutes, and nonprofits looking for the best overall supplier government pricing. For more information, visit www. uscom m unities. oM . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, 2019 Requested By: Ray Mayo, PW Director Department: Public Works Report Ir' Resolution" Ordinance Exhibits: Letters of agreement for the Hillridge Ground Tank the Lomax Elevated Tank Appropriation Source of Funds: 003 — Utility Fund Account Number: Amount Budgeted: $300,000 / $600,000 Amount Requested: $30,000 / $75,000 Budgeted Item:; Yes No and SUMMARY The City approved two CIP projects in the FY2019-20 budget: 1) Hillridge Ground Tank Replacement, and 2) Coating of the Lomax Elevated Storage Tank. The Hillridge Ground Tank is 45 years old and at the end of its useful life. The Lomax Elevated Tower is in need of interior coating replacement, overcoating of the exterior, and some minor structural repairs. Dunham Engineering was awarded an RFQ in December 2014 for City of La Porte Water Storage Consultant Services. Dunham Engineering has provided inspection services, engineering, and design services for the City of La Porte for over 25 years. Staff recommends approval of the two proposals for engineering and design services from Dunham Engineering. RECOMMENDED MOTION I move that the Council authorize the City Manager to enter into agreements with Dunham Engineering for the design, bid, and construction phase services for the Hillridge Ground Tank Replacement for $30,000 and for the Coating of Lomax Elevated Storage Tank for $75,000, for a total authorization of $105,000. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date College Station, TX U N H A M Phone: (979) 690.6555 McAllen, TX N G I N E E R I N C Fax: (979) 690-7034 Oklahoma City, OK ID TX Registrationft: F-2253 INSPECT1®N.DES1GN. RESULTS. www.DunhamEngineering.corn Letter of Agreement This is an Agreement made as of 2019 between City of La Porte, Texas hereinafter known as the OWNER and Dunham I nginecring, Inc. of College Station, 'Texas hereinafter known as the I NGINI3ER. The MNLR intends for the ENGINEER to perform professional engineering service in the design and construction inspection of the ``YORK The WORD is defined as the Rehabilitation of the Lomax Elevated Water Storage 'Tank located in La Porte, Texas. WORK includes replacement of interior coating system, overcoating exterior coating system and :minor repairs to structure. I-'stimated contractor cost is 5500,000. PHA.SIF, I- DESIGN The l'NGINE'ER agrees to prepare the design, produce engineering plans and specifications, prepare the contract documents, advertise For bids to selected contractors and recommend award of a lump suin construction contract to complete the WORK for the OWNER. The I'NGINEE'Ragrees to provide a draft set of contract documents to the OWNI R for review and approval no later than 30 days from the date of the Agreement. The ENGINEER agrees to finalize the documents and advertise the WORK to selected contractors for bid within 30 days after receipt of OWNER'S comments and approval. The 0"EIR agrees to advertise in the local newspaper of record as required. The ENGINEER agrees to assist the OWN] R in opening and reviewing bids and recommending a contractor for award. PHASE II- CONSTRUCTION The ENGINEER agrees to periodically inspect the contractor during the construction period to insure contract compliance. TheENGINEER agrees to process Contractor progress payments and recommend paymentby the OWNER. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract. The ENGINEER agrees to conduct a final inspection of the WORK and to recommend final payment for the CONTRACTOR when the WORK is completed The ENGINEER agrees to schedule and conduct a one year warranty inspection of the WORK prior to the end of the warranty period and to coordinate completion of any required warranty repairs. In consideration of the above services, the OWNER agrees to compensate the ENGINEER in accordance with the following schedule: Phase I -Design Fee Total fee of $50,000 - Partial payments due as follows: 75% due when draft contract documents provided to OWNER. 25% when final contract documents provided to OWNER Phase II -Construction Total fee of $25,000 - Partial payments due as follows: 25% due when contractor mobilizes 25% due when contractor is 50% complete 25%a due when contractor is 75% complete 25% due contractor is 100% complete and tank is in service tJim2myD. Dunhar�i, P.E. Dunham Engineering, Inc. 2 OWNER College Station, TX U N H A M Phone: (979) 590-6555 McAllen, TX N C I N EE R I N G Fax: (979)690.7034 Oklahoma City, OK 0 TX Registrationk: E-2253 INSPECTION. 13ESION. RESi1L:1S. www.DunhamEnginearing.com Letter of Agreement This is an Agreement made as of 2019 between City of LaPorte, 'Texas hereinafter known as the OWNER acrd Dunham Engineering, Inc. of College Station,Texas hereinafter known as the ENGINI ER. The OWNI'R intends for the ENGINEER to perform professional engineering service in the design and construction inspection of the WORK The WORK is defined as the Replacement of Hillridge Water Storage "Tank also known as Fairmont Booster Station in La Portc,'I'cxas. WORK includes demolition of existing bolted steel tank, refurbishing of existing foundation and erection of new similar sized epoxy coated bolted steel tank. Estimated contractor cost is $200,000. PHASE I- DESIGN The ENGINEER agrees to prepare the design, produce engineering plans and specifications, prepare the contract documents, advertise for bids to selected contractors and recommend award of a lump sum construction contract to complete the WORK for the O'vVNE'R. 'The ENGINEER agrees to provide a draft set of contract documents to the OWNER for review and approval no later than 30 days from the date of the Agrecmcnt. The I'NGINEER agrees to finalize the documents and advertise the WORK to selected contractors for bid within 30 days after receipt of OWNER'S comments and approval. The OWNI? PHASE II- CONSTRUCTION The ENGINEER agrees to periodically inspect the contractor during the construction period to insure contract compliance. The ENGINEER agrees to process Contractor progress payments and recommend payment by the OWNER. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract. The ENGINEER agrees to conduct a final inspection of the WORK and to recommend final payment for the CONTRACTOR when the WORK is completed The ENGINEER agrees to schedule and conduct a one year warranty inspection of the WORK prior to the end of the warranty period and to coordinate completion of any required warranty repairs. In consideration of the above services, the OWNER agrees to compensate the ENGINEER in accordance with the following schedule: Phase I Design Fee Total fee of $20,000 - Partial payments due as follows: 75% due when draft contract documents provided to OWNER. 25% when final contract documents provided to OWNER Phase II -Construction Total fee of $10,000 - Partial payments due as follows: 50% due when contractor mobilizes 50% due contractor is 100% complete and tank is in service � �t cl Jimmy D. Duntam, P.E. OWNER Dunham Engineering, Inc. K, REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, 2019 Requested By: Louis R. Rigby, Mayor Department: City Council ' Report Ir' Resolution t Ordinance Exhibits: Ordinance 2019-3758 Current, proposed redline, and proposed clean versions of the Council Rules of Procedure Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item:" Yes" No SUMMARY This item was discussed at the September 9 and 23 City Council meetings and has been placed as an ongoing item for discussion. The City Council adopted the current Organization and Procedures for City Council Meetings with Ordinance 2003-2646A in May 2008 (first established by Ordinance 2003-2646 in July 2003). Changes in custom, procedure, and law over the last decade make it appropriate for review and potential amendment. Additionally, it is proposed that the current City Council Ethics Policy (adopted in 2013) be made a part of the Rules of Procedure, so it has been reviewed and several items near the end have been recommended for deletion. RECOMMENDED MOTION No motion necessary for the October 14 reading, it has been brought for discussion at this meeting. ORDINANCE NO. 2019-3758 AN ORDINANCE AMENDING THE CITY COUNCIL'S ADOPTED RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS; AMENDING AN ETHICS AND CONFLICT OF INTEREST POLICY FOR CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 2.07. Meetings. b. Rules. provides that "City council shall determine its own rules and order of business."; and WHEREAS, the City Council adopted Ordinance 2003-2646-A on May 19, 2008, updating the organization and procedures for City Council meetings and thereby repealing Ordinances 1435 and 1435- A; and WHEREAS, the City Council adopted Ordinance 2013-3489 on July 22, 2013, establishing an ethics and conflict of interest policy applicable to City officials and employees; and WHEREAS, the passage of time has allowed for additional review of legislation and consideration of suitable rules and guidelines for the procedures of City Council meetings and the conduct of members of Council at all times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Rules of Procedure for the City Council of the City of La Porte are hereby amended as attached. Section 2. Open Meetings Law Notice. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 1-226. Repeal. Ordinance 2003-2646-A and Ordinance 2013-3489 are repealed as of the effective date hereof. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 1-227. Effective Date. This ordinance shall take effect immediately upon its passage and approval. PASSED AND APPROVED, this day of , 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney ot ruy q4- agpAjq Please add to City Council Agenda requesting to change Ordinance No. 2646- Establishing City Council Meetings under Section 1-211 "Addressing the Council" (B) Oral Communications (1).,.. that will allow Citizens, Tax Payers to sign up on Council meeting nights to speak on any subject regardless of whether the item is on the agenda. (limited to five minutes) 1, City Council member signature: 191�9�- d?22�� 2. ber signature: 3. qitKo9qcil member signature: ORDINANCE NO. 2003- - 0 AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1-201. Regular Meetings, (A) Time. The City Council shall hold regular meetings on the second and fourth Monday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held on such other date as determined by City Council. (B) Time. The City Council shall hold special or workshop meetings, if necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be determined under Section 1-202 Special Meetings, hereof; provided, however, that when the day fixed for any special or workshop meeting of the Council fails upon a day designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hail, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 1-203. Agenda. The Mayor, the City Manager, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written request by three (3) members of City Council shall be filed with the City Secretary, and shall contain the agenda item requested. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least seven (7) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presiding Officer --Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-205.Call to Order --Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section 1-206. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes, the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes. Section 1-207. Quorum. A majority of all the members elected to the _Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. Section 1-208. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Law. Promptly at the hour set by law on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. Invocation and Pledge of Allegiance. 2. Proclamations and Presentations. 3. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. a. Approval of minutes of previous meeting. 2 b. Purchases, Contracts, or Transactions. 4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address the Council. 5. Public Hearings, 6 New Business: a. Introduction and adoption of resolutions and ordinances. b. Receive reports and recommendations from City staff. c. Report of Officers----Boards—Committees. 7. Previously tabled items. 8. Executive Session. 9. Workshop Items. 11. Administrative Reports. 12. Council Comments. 13. Adjournment. Section 1-209. Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Secretary has previously furnished each member with a copy thereof. Section 1-210. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Privilege of Closing Debate. The Councilperson moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (E) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made 3 at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. (E) Remarks of Councilperson—When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (G) Synopsis of Debate—When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Section 1-211. Addressing the Council. Before each meeting of City Council the City Secretary shall place public comment cards on the table in the rear of the Council Chambers, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak or submit a written communication. (A) Oral Communications. Individuals may address the Council by oral communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (B) Written Communications. Individuals may address the Council by written communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card, along with the proposed written communication, in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Section 1-212. Manner of Addressing Council (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, N without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City manager, for further handling. (B) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the number, frequency, and length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the number of persons who speak on a particular subject at a meeting, and the length of the individual presentations made, on such topic; accordingly, the City Council may place reasonable limits on the number of occasions that a person or persons speak on a particular subject, at successive Council meetings. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. Section 1-213. Addressing the Council After Motion Made. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do. Section 1-214. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section 1-215, Decorum. (A) By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. Section 1-216. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant - at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. 5 Section 1-217. Persons Authorized to be at Tables. No person shall be permitted to be at the two tables in front of the Council table, without the express consent of the Council. Section 1-218. Special Committees. All special committees shall be appointed by majority vote of the Council. Section 1-219. Members May File Protests Against Council Action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. Section 1-220. Claims Against City. No account or other demand against the City shall be allowed until the same has been considered and reported upon by the City Manager and the City Attorney. Section 1-221. Ordinances, Resolutions, Motions and Contracts. (A) Preparation of Ordinances.All ordinances shall be approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by three (3) members of the Council, or requested by the City Manager, or prepared by the City Attorney on his own initiative, in consultation with the City Manager. (B) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (C) Introducing for Passage or Apgroval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilperson may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) An ordinance may have final passage on the same day on which it was introduced. (3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new A ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (4) Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Section 1-222. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 1-223, Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 1-224. Executive Sessions. Every regular, special or called meeting or session of City Council shall be open to the public. No closed or executive meeting or session of City Council for any of the purposes for which closed or executive meetings or sessions are authorized by the Open Meetings Law, Chapter 551, Texas Government Code, shall be held unless City Council has first been convened in open meeting or session for which lawful notice has been given and during which meeting or session the Presiding Officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections of said Act authorizing the holding of such closed or executive session. No final action, decision, or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and in compliance with the notice provisions of the Act. Section 1-225. Open Meetings Law Notice. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 1-226. Repeal. Ordinance No. 1435 and Ordinance No. 1435-A are repealed as of the effective date hereof. Section 1-227. Effective Date. This ordinance shall be effective from and after its passage and approval. Irl PASSED AND APPROVED, this day ofd , 2008. CITY OF LA PORTE By: r Alton E. Porter, Mayor ATTEST: (�/� 11 && Martha A. Gillett, City Secretary APPROVED: Z1, � /f Clark T. Askins, City Attorney ORDINANCE NO. 2013 - AN ORDINANCE ESTABLISHING AN ETHICS AND CONFLICT OF INTEREST POLICY APPLICABLE TO CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Policy and purposes. (a) General policy statement. It is the policy of the city that all city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, impartiality or devotion to the best interest of the city and the public trust which the city holds. (b) Appearance of impropriety. Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (c) This code of ethics has three purposes: (1) To encourage ethical conduct on the part of city officials and employees; (Z) To encourage public service with the city; (3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (d)'This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Derinitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. h'conomic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a city official or employee as an officer, director, advisor, or other active participant in a nonprofit educational, religious, charitable, fraternal, or civic organization docs not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official meads the mayor or any member of the city council and any appointive member of a city board, commission or committee established by ordinance, charter or state law. Section 3. Prohibition against involvement in actions affecting economic interests. (a) General rule. It shall be a violation of this policy for a city official or employee to participate in any proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of (A) The official or employee; (B) IIis or her immediate family member; (C) A member of his or her household; (D) An outside employer of the official or employee or of his or her immediate family member; (E) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (F) A business entity for which the city official or employee serves as an employee, officer or director, or otherwise functions in any policy making position; or (G) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2) Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on other employees or officials, members of the public in general or a substantial segment of the public. (b) Meaning of "affect". (1) In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: (A) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on other employees or officials, members of the public in general or a substantial segment of the public. (S) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. Q The effect on the interest must be more than insignificant or de minimis in nature or value. (2) In determining whether a person, entity or property is or was affected by an official's or employee's participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (c) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2) Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the person is an employee; (3) Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4) Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city board or commission, to other members of the city council, board or commission, and leave the room in which the city council, board or commission is meeting during the board or commission's discussion of, or voting on, the matter. (d) No prohibition established in this section shall be construed to prevent members of city council, or the appointees to any board or commission of the city, or a city employee, from voting on or participating in a matter relating to the adoption of laws, rules and/or policies that apply generally to all employees, officials and/or members of the public and the effect of which does not confer a benefit on the official or employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section 4. Standards of conduct. (a) Standards for immediate family members. A city official or employee commits a violation of this policy if an immediate family member, with the official's or employee's knowledge, intentionally or knowingly: (1) Solicits, accepts or agrees to accept from another person any benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2) Misuses any official information obtained from the member's relative, who is a city officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or (3) Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or any other thing of value belonging to the city that has conic into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee. (b) Representation and appearance at meetings. No city official or employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, except that an official or employee may represent their interests in their own property before a board, agency, commission or department of the city. (2) Participate in any proceedings, directly or indirectly, wherein the official or employee represents the interests of any outside employer, business entity, group or interest in any matter, action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himselfliersclf in a court proceeding. (c) Representation by council members. No city council member shall knowingly represent any private person, including the city council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the city, except that city council members may represent their interests in their own property before a board, agency, commission or department of the city. (d) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall knowingly represent any private person other than himself or herself. If a city council member elects to have a trial in municipal court, the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. (2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (e) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their own property. (f) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5 . Contracts with city; eligibility for appointment or election to office. (a) No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (b) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city" includes a sale to city -sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The city has approval authority over purchasing decisions made by the entity or organization; (4) The city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The city has approval authority over the budget of the organization. (c) This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. Section 6. Restrictions on former employees. (a) No former city employee shall, for a period of one year from the date of leaving city employment, knowingly: (1) Appear at a meeting of a board or commission staffed by members of the department of which the employee was a member, as a representative for any private person, including the employee or any immediate family member, or any group or interest. (2) Represent, directly or indirectly, any private person, including the former employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or hoard thereof is a party. (b) Notwithstanding the foregoing prohibitions, a former employee may represent their interests in their own property before a board, agency, commission or department of the city. Furthermore, this subsection shall not be construed to deprive a former employee of the right to due process under the law, including the right to represent himself in a court proceeding. (e) In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties, no former city employee shall, for a period of one year from the date of leaving city employment, knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (d) For a period of one year from the date of leaving employment, a former city employee shall not have any financial interest in the sale to the city of any land, materials, supplies or service. Any violation of this subsection with the actual or constructive knowledge of the former city employee shall render the contract voidable by the city manager or the city council. This subsection shall not apply to a former city employee whose employment was terminated as part of a reduction in force. Section 7. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section $_ All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this �ay of , 2013. CITY ORTE By: ui 9. lti y ayor A EST: Patrice Fogarty City Secretary APP O D: r Clark T. Ask3ns Assistant City Attorney Formatted: Footer distance from edge: 0.32" Formatted: Body Text, Left, Space Before: 0.3 pt i .............. � y Formatted: Font: 22 pt Amended XXXXX XX, bj / First Adopted „ I , 24)" y 3 Formatted: Character scale: 105%, Not Expanded by/ Condensed by Formatted: Font: 10 pt Formatted: Left Section 1— GENERAL I Section 2 —A UTHORITY I Section 3 -1V E I INGS 3.01. Regular. Meetings 1 3.02. Special Meetings 1 3.03. Agenda I Section 4 - STANDARDS OF CONDUCT 4.01. City Counciluarsons 2 4.02. Council Relations with the Media 3 4.03. City Staff (During Meetings) 3 4.04. Citizens and Visitors 3 Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01. Seating Arrangement 3 5.02. Conflict of Interest 4 Section 6 - CHAIR AND DUTIES 6.01. 1 he Presiding Officer - Duties 4 6.02. Call to Order — Presiding Officer 4 6.03. Roll Call 6.06. Rules of Debate 6.07. Addressing the Council 6.08. Addressing the Council After Motion Made 6.09. Silence Constitutes Affirmative Vote 6.10. Decorum 6.11. Enforcement of Decorum 6.12. Special Boards. Commissions. or Committees 6.13. Claims Against City 6.14. Ordinances, Resolutions, and Contracts 6.15. Reports and Resolutions to be Filed .with .the .City -Secreta Section 7 - CITY COUNCIL COMMITTEES 7.01. Council Committees Established 6 7.03. Council Committee Meetings 6 Section 8 - RULES SUSPENSION 7 ( Formatted: Centered, Indent: Left: 0" Formatted: Font: 16 pt, Highlight Formatted: Font: 16 pt Formatted: Strikethrough Formatted: Font: Bold, Strikethrough Formatted: Font: Bold Formatted: Strikethrough Formatted: Indent: Left: 0.15", No bullets or numbering, Tab stops: 0.15", Left + Not at 0.5" Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 4 + Alignment: Left + Aligned at: 0.15" + Indent at: 0.46", Tab stops: 0.15", Left + Not at 0.5" Formatted: Font: (Default) Times New Roman Formatted: Font: Bold Formatted: Font: Bold AN ORMNANC114 A-. OIRCANWA440N AND PROLE aT Tom: VOR CIITv COUNC I , ,T i S; r,INDING LAW; BE IT OPJ)AINRP BY T14E CITY 90"GIL OF T14E CITY OF LA y _ Section 1— GENERAL Parliamentary law and the rules of procedure derived from such law are essential to all deliberative organizations so that they may consider all matters before them in an effective and efficient manner and produce results that are legal and binding. Moreover, such procedural safeguards ensure due procLess. during deliberations among members of the organization while at the same time protecting the rights of both the group and each member. Accordingly, these rules of procedure establish guidelines to be followed by all persons attendin4 City Council meetings, including members of the City Council administrative staff news mediacitizens and visitors. Section 2 — AUTHORITY The City Charter of LaPorte, Texas, =provides in Article II. City Council, Section 2.017 that the Council "shall meet regularly as such times as may be prescribed by its rules but not less freduentl than once each month." and that the Council "shall determine its own rules and order of business." Thus these rules of procedure are established. In the event of any conflict between the City Charter and these rules of procedure, the City Charter shall prevail. The parliamentary reference for the City Council is the most recent edition of Robert's Rules of Order Newly Revised (RONR). When any issue concerning procedure arises that is not covered by the Rules of Procedure, the City Charter, or state law, the Council will refer to RONR, which shall determine such procedural issue. Section 3 — MEETINGS The City Council shall follow both the letter and the spirit of Chapter SS 1 of the Texas Government- -- Formatted: Justified Code the Texas Open Meetings Act). 4.,etio.�e�Y� 83.01. Regular Meetings. (A) Time. The City Council will generally sli&1l-hold regular meetings on the second and fourth Monday of each month, at 6:00-� , p.m.; 19fevided, howevef:, that when the day A�ied (C)OD Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte,a�-Texas, unless otherwise directed by City Council, or required by law. 9e•-�D.02. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, wT�errn�*tea del4,er@d telep One notice shall be given„ t;)f: 14;614 14iGh „ mat;.,.+ ; .911@d gem o tea --'3.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written requestPy� removed (a) 9/23 CC mIgzshall include a clear description of the proposed action by th Council (in the form of a proposed motion), or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow staff to contribute background information on the topic, and shall be filed with the City Secretary by 5:00 p.m., Thursday, two weeks prior to the Monday night City Council meeting (and a commensurate period for special meetings he filed v,nh-thl- 0;e r r "t-11 contai I W and itei+i equested. Any deviations from or amendments to an agenda, either past the established deadlines or once posted, should be exceedingly rare and of a clearly significant nature. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall; at least seven (;` gays pFi to e"Gh Goune4l n etin t,also be delivered to the City Secretary on the same schedule. The Ci Secretary will coordinate the placement and content of items on the agenda with the City Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items may be removed only by the person who initially placed that item on the agenda, A4e „ri^^ 4 °-�; , seeFetaFy shall preparation will-pefflnt Drafts of contracts, ordinances_resolutiomorother items requiring review should be submitted to the City Attorney in a manner timely enough nough to allow for their review prior to this submittal deadline above. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 4 e STANDARDS OF CONDUCT 4.01. City Councilpersons. It is important that Councilpersons demonstrate civility to one another asindividuals, for the validity of different opinions, for the democratic process, and for the community and citizens being served. Formatted: Font color: Blue, Highlight Formatted: Highlight Formatted: Font color: Blue Elected officials should exhibit appropriate behavior. All members of the City Council have equal votes and all Councilpersons speak only for themselves. 4.02. Council relations with the Media. All City press releases, media advisories story suggestions, or similar items should go through the City Secretary's office for distribution, with exception of tactual police department bulletins which designated officers may send directly with cony to the Citv Secretarv. a special guests is considered appropriate and encouraged. Reactions from the audience not appropriate and not permitted. The presiding officer will ensure that the decorum of the meeting is maintained and is appropriate. in connection with presentations to the City Council, however, are pennitted. With the exception of those locations designated as free speech venues, or for City -sponsored or Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Hanging: 0.43", Numbered + Level: 1 + Numbering Style: A,B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5' + Indent at: 0.75" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Hanging: 0.43" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Hanging: 0.43", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent political campaign -related functions or events. City resources or eguioraent may not be used for l at: 0.75" other election campaigning which includes, but is not limited to, the passing out of campaign flyers, Formatted: Font: Italic signs, buttons, or other campaif4n materials for any candidate or officeholder. No one may make a contribution to a candidate or officeholder in City Hall ,, T� ^_n H2^ S, t "412201+ f r :,aR4i ate- —Formatted: Strikethrough Campaign flyers signs, buttons, or other campaign materials for any candidate or officeholder are prohibited in City Hallor on City property except as allowed by state law or as the City Council shallformally restrict or authorize by other ordinance or resolution. Section 5 — DUT'IES AND PIiIVILEGES OF COUNCILPERSONS 5.101. Seating Arrangement. The Mayor shalldetermine seating of the Council and Charter Officers. 5.102. Conflict of Interest. A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais and leave the room (per Sec. 3(c)(4) of the City's adopted Ethics & Conflict of Interest Policy, Formatted: Not Highlight attached_ as Appendix A), shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to influence the Council's deliberation of the matter in any way, shall not attend executive sessions regarding the matter, and shall otherwise comply with the state law and city ordinances concerning conflicts of interest including Chapter 171 of the Local Goverrunent Code. When a vote is called, every member present shall vote either "Aye" or "No" except on matters mvolvmg a conflict of interest that compels a Councrlperson to abstain. Any vote to which there is an objection shall be taken by counted vote; except that on the demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote is announced, a member may not change a vote unless, before the adjournment of that meeting, permission is given to change the vote by a majority vote of the members resent. Section 6 - CHAIR AND DUTIES gn 46.01. The Presiding Officer -Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. g ^�n>146.02. Call to Order -Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. cn o*44"6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes, the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in theminutes. 44-6- s:,,,.�:�;�x-�:,s �ron 6.04. . Jn the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absentmembers._(2 1 9 exn� default to TOC 551.001(611 gnetio*44"6.05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings L— . Act. Promptly at the hour set i" on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall__generally betaken up for consideration and disposition in the following order: I. Call to Order i,.:2 Invocation and Pledges of Allegiance- Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Strikethrough, Highlight Formatted: Highlight 3. Proclamations and Presentations - 2.A.. Public Comments . . Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. 4. r, the Goune;l. -. r4,;blie, Trulleafifl € N ew B u ests- lfitroduet�ofi a. 6. Statutory Agenda Formatted: Font: (Default) Times New Roman, 12 pt b. e--7. Reports of Ci Office 11 12. G^, nen 9. Items of Community Interest (in accordance with statelaw) 12. 10. Executive and/or workshop sessions (as appropriate) 13. 11. Reconvene in public session (as needed following executive sessions) l 3. VI ..... ...............12. Adjournment. c Secretary has pF@viOUSly fidrn� Seetio " 2 r 06. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. Formatted: Not Highlight Formatted: Indent: Left: 0.5", Hanging: 0.25", Space Before: 0.7 pt, Line spacing: single, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.64" + Indent at: 2.14", Tab stops: 2.13", Left + 2.13", Left + Not at 1.13" + 1.13" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0.56', No bullets or {E—} - numbering (4))) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (E) Synopsis of Debate --When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. City Councilpersons, the Council expects that issues adequately addressed prior to the meeting not be reprised during the meeting. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.61", Hanging: 0.52", Right: 0", Line spacing: single, No bullets or numbering, Tab stops: Not at 0.56" eeti^°' ' 24 6.07. Addressing the Council. Before each meeting of City Council the City l Formatted: Underline Secretary shall make public comment G*F4-forms available^^ *"& aW 4^ *"a FL, ^+ *"� Gouneil Ghan4 ,e on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak (A) OFal G�.,,4.,,,,,4;.eati6, ,. Individuals may address the Council by oral communication i* by completing all requested information on the public comment car4form, and placing it at the City Secretary's desk on the dais, t*ble in thef:ea+4 the goni4eil Ghain4e not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. { }(I3) Time Limit. Each person addressing the Council shall step up to the podium, shall Formatted: Numbered + Level:1 + Numbering Style: A, give his name and address in an audible tone of voice for the records, and unless s, c, ... + Start at:1 + Alignment: Left + Aligned at: further time is granted by the Council, shall limit his address to five (5) minutes. 0.65' + Indent at: 1.17" All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City mana{Manaer, for further handling. (C) FimitS Ori Repetitrve Or Redundant PreseritahoriS. The City Council shall have Formatted: Numbered + Level: 1 + Numbering Style: A, the right to place reasonable limits on the fninibef, 4equeney, and length of B, C, ... + Start at:1 + Alignment: Left + Aligned at: presentations made during the comment period, in accordance with law. For such 0.65' + Indent at: 1.17" purposes the City Council may limit art;eul e length of the individual presentations made, on the number of oeeas�Ons that a person oF pens�)ns speak on a partieulaF sub-Jeei, at s ° Gouneil meetings. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. 7/19 addition in light of H13 2840 changes —Formatted: Font: Bold, Highlight made above — Persons wishin>r to address the Council on more than one aaenda item in a single meeting must speak on them all the first time they are called upon (additional tune is not given for additional items — emailing writing, calling, or visiting with Council persons outside of meetings -is. -of course, unlimited). Formatted: Font: (Default) Times New Roman Formatted: List Paragraph, Indent: Left: 0.5", Space Before: 0 pt, Line spacing: Multiple 1.01 Ii, Tab stops: 1.17", Left geetlo°' 2i 46.09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Seed.,- i-�2i �g�ae-�-®Decorum. (A) By Councilpersons ra" - .'. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. S^6.11. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to -p}aee- remove any person who violates the order and decorum of the meeting=44Z--afft-ard— �ui� } eetlo^'44U6.12. Special Committees. The establishment and members of a4ll special committees shall be appointed -decided by a majority vote of the Council, unless prescribed by the City Charter or other action of the Council. on the „+a geetlo°' 2-2 6.13. Ordinances, Resolutions,' otio*s and Contracts. o4nanee shall be pf:epaFed f;)F to the 99U4464 unles's' oF4@fed All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially be produced/written, introduced and sponsored -4y—^ �- ^+ *"a feS04410ns' and toth may J —aii not be per the guidelines of 3.013 Agenda above. ` Formatted: Indent: Left: 0", First line: 0" Formatted: Font: (Default) Times New Roman, 12 pt (3)„(2) No ordinance shall relate to more than one subject, which shall be Formatted: Normal clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (41 Any IE# eeti^* " 12 6.14. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 7 — CITY COUNCIL COMMITTEES 7.01. Council Committees Established. committees of the City Council are established: (1) Fiscal Affairs Committee (2) Drainage and Flooding Committee referred to it by the City Council or the City Manager. A standing committee may by majority vote. recommend action to the City Council. but committee recommendation is not necessary fora matter to be placed oiithe City COunctt agenda. The committee chair may mare a statement on behalf of the committee on an item in a meeting of the Council. committees will be a majority of the members serving. Except when servin:r during a meetinf4 for an absent member, an alternate to the committee should not be seated at I`he committee chair shall develop committee meetin coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure that the committee meeting agenda is posted as appropriate. Val M" iTPPfillWltiflKgM'aTM= The Mavor mav appoint ad hoc committees from time to time to study and review specific issues. The Mayor shalldetermine the number of members and appoint a chair of ad hoc committees. The ad hoc committees shall be established for a designated period of time, which maybe extended by the Mayor and shall meet as needed. The Mayor shall formally announce the establishment of any ad hoc committee along with his appointments to that committee in a session of Council prior t0 the committee convening to conduct business. Section 8 — RULES SUSPENSION m Formatted: Indent: Left: 0" Formatted: No bullets or numbering, Tab stops: 0", Left + Not at 0.65" + 0.65" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.59" + Indent at: 0.84" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.59" + Indent at: 0.84" Formatted: Font: (Default) Times New Roman, 12 pt, Bold Formatted: Font: (Default) Times New Roman Formatted: List Paragraph, Left, Level 4, Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 2 + Alignment: Left + Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left Formatted: Font: (Default) Times New Roman, Bold Formatted: List Paragraph, Indent: Left: 0", First line: 0", Space Before: 0 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 2 + Alignment: Left + Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left + Not at 0.65" + 0.65" Formatted: Not Expanded by/ Condensed by Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.65" + Indent at: 0.9" Formatted: Highlight Formatted: Font: Bold, Highlight Formatted: Font: Bold, Highlight Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.25", Hanging:0.31" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.65" + Indent at: 0.9" Formatted: List Paragraph, Indent: Left: 0", First line: 0", Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 2 + Alignment: Left + Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left + Not at 0.65" + 0.65" Any provision of these niles not governed by the..LL..Charte_r..LL..Code_..or..state law may be 1�Ln�orarilv suspended..by.a.two-thirds vote of the members of.the.Cj!j.Council present. COMIS Shall he SPOR U; VRO PUBS. 140 SIO -Sed OF executive Meeting OF session Of Gity Gouneil faF my some PUMOWS A Which closed OF exestAke meetings, OF 'S"es"'s I I I I .- NWAP Law; ARMOF 55 1, Texas QOVeFMM@Rt GOd@, shall b@ held FIRIeSS' 94-y COMPSA IMS INSt of SWNH WE he held alld identified the Section OF Sections of said Act AmoFiAng the holding of such closed OF executive session. No final action, decision, oF voie with FegaFd to any matteF GonsideFed in the closed Meding SAR he made except in a Meeting When is open to too public and Notiee.Tke 9i", Gouneil Official ,-Rd deelafes that a SFif4cient NO= nakv@ of the date, bes, pose and Most of the city Council Was posted at a piffee eonvenient to the p4lie at the City Poll of the go Aa: the AMO FOEM40d by law 19feeeding this, Meeting, as Fequifed by the 019en Meetings Law, Chaptef 55 1, Texas Goveomment code, alld Chat 01 Meeting has been Open to the pUbNe as FOEM070d by law at all and the contents and POStffIg t4@F@Of-. Seetion 4 227. okinan, shall 4@ efleetive IFon4 R144 afteF its passage and Formatted: Justified, Right: 0.03", Line SPWT "Pfoval- MuRiple 034 Ii 12 APPENDIX Formatted: Font: 11 pt ETHICS POLICY Formatted: Strikethrough Formatted: Font: 12 pt Section 1. Policy and purposes. (A)Uener(d mlzcy statement. It is the policy of the city that all city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, impartiality, or devotion to the best interest of the city and the public trust which the city holds. (B)Appewwnce of impropriety. Public service is a public trust. All city officials and -- Formatted: Indent: Left: 0.34", Hanging: 0.25', Right: employees are stewards of the public trust. They have a responsibility to the citizens 0.09", Line spacing: Multiple 1.05 Ii, Tab stops: 0.6, of the city to administer and enforce the City Charter and city ordinances. To ensure Left + Not at 0.56" and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law_ but also to avoid the appearance of impropriety at all times. (C) This code of ethics has three purposes: " Formatted: Font: 12 pt L1) To encourage ethical conduct on the part of city officials and employees; L2) To encourage public service with the city; L3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (D.17his code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Definitions. In this policy: Benefit means anything reasonably regarded as pecuniarygain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit loan discount, service or other tangible or intangible thing of value. BenefZt includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership trust unincorporated association, or any other entity recognized by law including a nonprofit organization or governmental entity. Economic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, includimT but not limited to receirt of compensation and/or benefits. Service by a city official or employee as an officer, 13 directoradvisor, or other active participant in a nonprofit educational, religious, charitable fraternal, or civicorganizationdoes not create for that .city .official .2Lemployee an economic interest in the 12roperly of the organization. ..Ownership .of.all..interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates ..in..the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not .-including ,.those .individuals on a part-time basis, but not including any independent contractor. Immediate family means the ..spouse _childre_n brothers, sisters and parents of an officer or employ Oicer or ofLici(d means the mayor .or.any .member of the city ..council .and .any -appointive member of a.611. board_commission .. or connnittee established ..by.ordinance, charter _or state law. Section 3. Prohibition against involvement in actions affecting economic in erests. General rule. It shall be a violation of this policy for a city .official .or..e�Io employee participate in any proceedings or take any official action that he or she knows .is.likely to: LIA Affect an economic interest of: .(a) The official cyr en'i21()_yee' (b) His .orher.immediate familymember; ,(c) A.meniber of his or her household; or Formatted: Justified, Indent: Left: 0.86", Hanging: 0.33", Space Before: 0.85 pt, Line spacing: single, Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.06" + Indent at: 1.31" Formatted: Font: 12 pt Formatted: Font: 12 of Formatted: Font: 12 pt Formatted: Font: 12 pt an offer of employment .within .the past twelve months; or (2)Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or eWV1(),Lee is distinguishable from the effect of the action on other employees or 4officiak, Formatted: Font: 12 pt members of the public in iyeneral or a substantial segment of the public. LB 1 Me(ming oL "(iffect " (1)1n subsection(ate) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: .(a) The action is likely .to.have an effect on that ,interest, either .positive or negative, that is distinaTuishable from its effect on other employees or officials, members 14 of the .public ..in general or a substantial segment of the Public. (b) The effect of the action on that interest is direct, and not secondary or indirect. F_lowever, the action need not be the only producing cause of the effect in order for the effect to be direct. .(c) The effect on the interest must be more than insignificant or de mimmis in nature or value, (2)jn..determining ..whether a person, entily or property is or was affected by an official's or employee's participation in proceedings, vote _or_decision, itwill not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. Recusal crud disclosure. A city official or employee whose conduct would otherwise violate subsection .(a),..or a state conflict of interest law ,.if.he..or.she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (I)linniediatell.refrain from further participation _iti_the _matter, _including discussions with any persons likely ..to..consider .the matter, _ from the time he or she discovers or. reasonabal. should have discovered the matter triggering the recu—s&il- (2)Promptly file necessary documentation ..disclosing ..the nature.. and extent of the interest triggering the recusal with the city clerk, if the person .is.all.official, or with the person's supervisor, if the _person .isLiti_employee; (3)Promptly notify the person's supervisor of the nature and extent of the interest trig egg the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4)Promptly disclose the interest triggering the recusal, ..if the person is a member of the city council, a city board or commission, to other members of the city council, board or coininission, and leave the room in which the city council, board or commission is meeting ..during .the . board or commission's discussi2n_ior voting onthe-matter. LD.j No.pLohibition established in this section shall be construed to prevent members of city council, or the appointees to any board or commission of the city, ora city employee, ..from .voting .oii.or.,participating in a matter relating to the adoption of laws, rules and/or .policies .that .apply generally to all employees. -officials -and/or members of the public and the effect of which doA§ not confer a benefit on the official or Formatted: Font: 12 pt employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segyment of the public. Section 4. Standards of conduct. Standards .,Lc)r..iiiiiiiecli(ite family members. A city ..official ..or..employee commits a violation of this policy if an immediate family memb_er, withtheofficial's or employee's knowledge, intentionally or knowingly; (I)Sohcits,..accepts ..or agrees to accept from another person any benefit that the member's -relative, -who .is.a.city . officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2)Misuses any official information obtained from the member's relativ—e who B a city 15 officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, .iii..a.manner _prohibited as to the relative under state law _or .(3)Mlsti,,e.-as--defined --in-V.-f.C.A.,-Penal ..Code ..-�31).O.I, any city property, services, personnel or any ..other .thine ,.of value belonging to the city that has come into the member's.. custody or.. possession by virtue of the office or employment of the member's relative who is a city officer or employee. (B) Representation and qL)L)!L,(nwnce at meetings. No city official.. or..employee sha luiowingly: (1) Appear before the body of which the officer or employee isamember, or otherwise participate in any Proceedings, as a representative for any --private person, including the officer or employee or any immediate family member, except that an official .or..e�i loyeLe..mn represent their interests in their own property before a board, agency, commission _or.department .of the city. ,(2) Participate in any proceedings, directly or indirectly, wherein the official or employee represents the interests of any outside employer, business entity, group or interest. in.,any .matter, action or proceeding against the interests of the .city . in.A Ui.litigation.in.which the .city .or.any department, agency, commission or board thereof is �iarty; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might .impair .independent tid-yiiietit in the performance of city dirties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive ..an..officer or employee.. of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (C) Representation by council members. No city council member shall luiowin-gyll represent any private 12ersot_i..including .the ..city ..council ..member ..()r.. 11 unmediate family. member ..or..2 ia..outside..eMploy�er—...btisitiess enti!y, group or interest ..irt..any matter before ..any ..depLartnie_nt agency, commission or board ..of.the .city, except that city council members may represent their interests in their own property ..before ..a board agency, commission or department of the city. Representation in municipal .court. jn.a! ai.action.or.,proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: .(I) No city council member shall knowingly represent any private .person .other . than himself or herself. If.a..city ..council . member elects to have a trial ina-njqajLjgd court the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. .(2) No..city ..officer .or.employee shall knowingly represent any private person other than himself or herself_including any immediate family .member, .or.any group or interest. (E)Representation in hind use and development matters. A member of the planning and zoning commission shall not knowingly represent the member .or.any other person, group W. or interest in any matter before the zoning board ..of..adjustments involving ..land ..use ..or development _aand aniember of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply. to.members .representing their interests in their L)wn�ro er . (F)Lfrohi hit( cl use .L)LcitE position. A city .official or employee shall not use his or.her .position to.unfairly .advance .or..impede private interests, or to grant orsecure _or -attempt to grant or secure for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. ...A..city ..official ..or. employee who represents ..to..a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5. Contracts with city; cligihility for appointment or election to office. No member .of.the ..city ..council ..and .tio.city employee shall have a financial interest in the sale to the ..city ..of.any ..land, --materials, supplies or service, _outside of.the person's .. grso position with the city. Any person having an interest shall be ineligible for election as a ,dtty. council member or appointment .as.a..city employee, and any city council member or city emi2loyee who acquires an interest shall forfeit the office or emi2loyment. Any violation of this subsection with the actual or constructive knowledge of the .city .council member or employee shall render the contract.voiclable.b theLL ... t y Y manager or..the ..city council. .LBIL,,..subsection ..Lal.of.this section and in subsection 2.425(c), the term "sale to the city" includes a sale ..to..city-sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All .ora .majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The ..city ..has approval authority over.. purchasing decisions made by the entity or organization; (4) The city has approval authority .over .bonds or other indebtedness issued .b y.the .entity or.organization; __ (5) The ..city jhas . approval authority over the budget of the organization. (C)This..section does not a12121y to acquisition of 12rol2eriy by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. Formatted: Font: 12 pt, Strikethrough Formatted: Font: 12 pt Formatted: Font: 12 pt, Strikethrough 17 Formatted: Strikethrough Formatted: Font color: Red, Strikethrough, Not Highlight Formatted: Font: 12 pt, Strikethrough Formatted: Strikethrough, Not Highlight Formatted: Font: 12 pt, Strikethrough Pop -1 120FIog (41 (4140 .40H4 440 r4aie 0i 4eallifig�. , �.p Form atted:Strikethrough havo „ F;,,,,.,,.;„t teFest ;„ the sale to the r;t 4 a„ land ,t�.r;.,l- I �� -hall ��tr r�tra� a��a�cr� r Formatted: Font: 12 pt, Strikethrough OF SeFNI; -14 4;; ,,h���t;,,., .,.; a-'1, toe aC-W,,1 OF 41,4,,.t;..a L.,.,,.. Th;� .,,h���t: �.., �,'h„11 ,nt to fwq o,- , .,t . S tv,-..,;.,aty t a .-,a4 4 a ,-e,7„rt;q., , 44F 18 CITY COUNCIL RULES OF PROCEDURE Amended XXXXX XX, 2019, by Ord. 2019-3758 First Adopted July 28, 2003 TABLE OF CONTENTS (will be revised when all other changes are complete) Section 1— GENERAL Section 2 — AUTHORITY Section 3 - MEETINGS 3.01. Regular Meetings 3.02. Special Meetings 3.03. Agenda Section 4 - STANDARDS OF CONDUCT 4.01. City Councilpersons 4.02. Council Relations with the Media 4.03. City Staff (During Meetings) 4.04. Citizens and Visitors 2 3 3 3 Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01. Seating Arrangement 3 5.02. Conflict of Interest 4 5.03. Voting 4 Section 6 - CHAIR AND DUTIES 6.01. The Presiding Officer - Duties 6.02. Call to Order — Presiding Officer 6.03. Roll Call 6.04. Qttafum (9/18/19 emails & default to TGC 551.001(6)) 6.05. Order of Business 6.06. Rules of Debate 6.07. Addressing the Council 6.08. Addressing the Council After Motion Made 6.09. Silence Constitutes Affirmative Vote 6.10. Decorum 6.11. Enforcement of Decorum 6.12. Special Boards, Commissions, or Committees 6.13. Claims Against City 6.14. Ordinances, Resolutions, and Contracts 6.15. Reports and Resolutions to be Filed with the City Secretary Section 7 - CITY COUNCIL COMMITTEES 7.01. Council Committees Established 7.02 Appointment 7.03. Council Committee Meetings 7.04. Council Ad Hoc Committees Section 8 - RULES SUSPENSION APPENDIX— City Council Ethics Policy P" 6 6 6 7 7 Section I — GENERAL Parliamentary law and the rules of procedure derived from such law are essential to all deliberative organizations so that they may consider all matters before them in an effective and efficient manner and produce results that are legal and binding. Moreover, such procedural safeguards ensure due process during deliberations among members of the organization while at the same time protecting the rights of both the group and each member. Accordingly, these rules of procedure establish guidelines to be followed by all persons attending City Council meetings, including members of the City Council, administrative staff, news media, citizens, and visitors. Section 2 — AUTHORITY The City Charter of La Porte, Texas, provides in Article IL City Council, Section 2.07 that the Council "shall meet regularly as such times as may be prescribed by its rules but not less frequently than once each month." and that the Council "shall determine its own rules and order of business." Thus, these rules of procedure are established. In the event of any conflict between the City Charter and these rules of procedure, the City Charter shall prevail. The parliamentary reference for the City Council is the most recent edition of Robert's Rules of Order Newly Revised (RONR). When any issue concerning procedure arises that is not covered by the Rules of Procedure, the City Charter, or state law, the Council will refer to RONR, which shall determine such procedural issue. Section 3 — MEETINGS The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government Code (the Texas Open Meetings Act). 3.01. Regular Meetings. (A) Time. The City Council will generally hold regular meetings on the second and fourth Monday of each month, at 6:00 p.m. (B) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Texas, unless otherwise directed by City Council, or required by law. 3.02. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, notice shall be given. 3.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written request shall include a clear description of the proposed action by the Council (in the form of a proposed motion), or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow staff to contribute background information on the topic, and shall be filed with the City Secretary by 5:00 p.m., Thursday, two weeks prior to the Monday night City 3 Council meeting (and a commensurate period for special meetings) Any deviations from or amendments to an agenda, either past the established deadlines or once posted, should be exceedingly rare and of a clearly significant nature. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall also be delivered to the City Secretary on the same schedule. The City Secretary will coordinate the placement and content of items on the agenda with the City Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items may be removed only by the person who initially placed that item on the agenda Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to the City Attorney in a manner timely enough to allow for their review prior to this submittal deadline above. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 4 - STANDARDS OF CONDUCT 4.01. City Councilpersons. It is important that Councilpersons demonstrate civility to one another as individuals, for the validity of different opinions, for the democratic process, and for the community and citizens being served. Elected officials should exhibit appropriate behavior. All members of the City Council have equal votes and all Councilpersons speak only for themselves. 4.02. Council Relations with the Media. All City press releases, media advisories, story suggestions, or similar items should go through the City Secretary's office for distribution, with exception of factual police department bulletins which designated officers may send directly, with copy to the City Secretary. 4.03. Citizens and Visitors. (A) Reactions from the audience following the recognition and rewarding of citizens and special guests is considered appropriate and encouraged. Reactions from the audience during staff presentations to the Council and during debate between Councilpersons are not appropriate and not permitted. The presiding officer will ensure that the decorum of the meeting is maintained and is appropriate. (B) No placards, banners, or signs will be permitted in the City Council chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. With the exception of those locations designated as free speech venues, or for City -sponsored or City co-sponsored Meet the Candidate forums for City elections, City Hall may not be used for political campaign -related functions or events. City resources or equipment may not be used for other election campaigning which includes, but is not limited to, the passing out of campaign flyers, signs, buttons, or other campaign materials for any candidate or officeholder. No one may make a contribution to a candidate or officeholder in City Hall. Campaign flyers, signs, buttons, or other rd campaign materials for any candidate or officeholder are prohibited in City Hall or on City property except as allowed by state law or as the City Council shall formally restrict or authorize by other ordinance or resolution. Section 5 — DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01. Seating Arrangement. The Mayor shall determine seating of the Council and Charter Officers. 5.02. Conflict of Interest. A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais and leave the room (r.)e Sec� 3(c)(4) ol°the City's, a(lopte 'z, Cordlda.t of driterest d)ofi y, attached as A]d)ld�)eri(fix A), shall notvote on the matter, shall notparticipate in discussions regarding the matter or attempt to influence the Council's deliberation of the matter in any way, shall not attend executive sessions regarding the matter, and shall otherwise comply with the state law and city ordinances concerning conflicts of interest including Chapter 171 of the Local Government Code. 5.03. Voting. (A) When a vote is called, every member present shall vote either "Aye" or "No" except on matters involving a conflict of interest that compels a Councilperson to abstain. (B) Any vote to which there is an objection shall be taken by counted vote; except that, on the demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote is announced, a member may not change a vote unless, before the adjournment of that meeting, permission is given to change the vote by a majority vote of the members present. Section 6 - CHAIR AND DUTIES 6.01. The Presiding Officer -Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. 6.02. Call to Order -Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. 5 6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in theminutes. 6.05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Act. Promptly at the hour set on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall generally betaken up for consideration and disposition in the following order: 1. Call to Order 2. Invocation and Pledges of Allegiance 3. Proclamations and Presentations 4. Public Comments 5. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. 6. Statutory Agenda 7. Reports of City Officers and Staff 8. Administrative Reports. 9. Items of Community Interest (in accordance with state law) 10. Executive and/or workshop sessions (as appropriate) 11. Reconvene in public session (as needed following executive sessions) 12. Adjournment. 6.06. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (E) Synopsis of Debate --When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the M discussion on any question coming regularly before the Council. (F) Relevance of Debate. In the interest of being respectful of the time commitment of City Councilpersons, the Council expects that issues adequately addressed prior to the meeting not be reprised during the meeting. 6.07. Addressing the Council. Before each meeting of City Council the City Secretary shall make public comment forms available, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak. (A) Individuals may address the Council by oral communication by completing all requested information on the public comment form, and placing it at the City Secretary's desk on the dais, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (B) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City Manager, for further handling. (C) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the length of the individual presentations made. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. 7/19 addition in light of HB 2840 changes made above — Persons wishing to address the Council on more than one agenda item in a single meeting must speak on them all the first time they are called upon (additional time is not given for additional items — emailing, writing, calling, or visiting with Councilpersons outside of meetings is, of course, unlimited). 6.09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. 6.10. Decorum. (A) By Councilpersons. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall 7 become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. 6.11. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to remove any person who violates the order and decorum of the meeting. 6.12. Special Committees. The establishment and members of all special committees shall be decided by a majority vote of the Council, unless prescribed by the City Charter or other action of the Council. 6.13. Ordinances, Resolutions, and Contracts. (A) All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially be produced/written, introduced, and sponsored per the guidelines of 3.03 Agenda, above. (2) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. 6.14. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 7 — CITY COUNCIL COMMITTEES 7.01. Council Committees Established. (A) The following standing committees of the City Council are established: (1) Fiscal Affairs Committee (2) Drainage and Flooding Committee (B) Each standing committee shall review matters in its area of responsibility that are referred to it by the City Council or the City Manager. A standing committee may, by majority vote, recommend action to the City Council, but committee recommendation is not necessary for a matter to be placed on the City Council 1.1 agenda. The committee chair may make a statement on behalf of the committee on an item in a meeting of the Council. 7.02. Appointment. Appointment to and composition of the committees has been established through prior Council action and may be amended by such. 7.03. Council Committee Meetings. (A) Council standing committees shall meet as necessary. The quorum of Council committees will be a majority of the members serving. Except when serving during a meeting for an absent member, an alternate to the committee should not be seated at the dais, nor participate in discussion or vote. (9/9/ & 9/18 additions from emails w/Askins, Rigby, Alexander) (B) The committee chair shall develop committee meeting agendas through coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure that the committee meeting agenda is posted as appropriate. 7.04. Council Ad Hoc Committees. The Mayor may appoint ad hoc committees from time to time to study and review specific issues. The Mayor shall determine the number of members and appoint a chair of ad hoc committees. The ad hoc committees shall be established for a designated period of time, which may be extended by the Mayor and shall meet as needed. The Mayor shall formally announce the establishment of any ad hoc committee along with his appointments to that committee in a session of Council prior to the committee convening to conduct business. Section 8 — RULES SUSPENSION Any provision of these rules not governed by the City Charter, City Code, or state law may be temporarily suspended by a two-thirds vote of the members of the City Council present. V7 APPENDIX A ETHICS POLICY is... -I• .•� ai aim iss�i u ��ti�a<�� ai � � i r: • i a.�:�-�u �r�r r�i� Section 1. Policy and purposes. (A) General policy statement. It is the policy of the city that all city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, impartiality, or devotion to the best interest of the city and the public trust which the city holds. (B)Appearance of impropriety. Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (C) This code of ethics has three purposes: (1) To encourage ethical conduct on the part of city officials and employees; (2) To encourage public service with the city; (3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (D)'This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Definitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. Economic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a city official or employee as an officer, 10 director, advisor, or other active participant in a nonprofit educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official means the mayor or any member of the city council and any appointive member of a city board, commission or committee established by ordinance, charter or state law. Section 3. Prohibition against involvement in actions affecting economic interests. (A) General rule. It shall be a violation of this policy for a city official or employee to participate in any proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of: (a) The official or employee; (b) His or her immediate family member; (c) A member of his or her household; (d) An outside employer of the official or employee or of his or her immediate family member; (e) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (f) A business entity for which the city official or employee serves as an employee, officer or director, or otherwise functions in any policy making position; or (g) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2)Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on other employees or officials, members of the public in general or a substantial segment of the public. (B) Meaning of "affect". (1)In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: (a) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on other employees or officials, members 11 of the public in general or a substantial segment of the public. (b) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. (c) The effect on the interest must be more than insignificant or de minimis in nature or value. (2)In determining whether a person, entity or property is or was affected by an official's or employee's participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (C) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (I)Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2)Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the person is an employee; (3)Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4)Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city board or commission, to other members of the city council, board or commission, and leave the room in which the city council, board or commission is meeting during the board or commission's discussion of or voting on, the matter. (D) No prohibition established in this section shall be construed to prevent members of city council, or the appointees to any board or commission of the city, or a city employee, from voting on or participating in a matter relating to the adoption of laws, rules and/or policies that apply generally to all employees, officials and/or members of the public and the effect of which dos not confer a benefit on the official or employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section 4. Standards of conduct. (A) Standards for immediate family members. A city official or employee commits a violation of this policy if an immediate family member, with the official's or employee's knowledge, intentionally or knowingly: (I)Solicits, accepts or agrees to accept from another person any benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2)Misuses any official information obtained from the member's relative, who is a city 12 officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or (3)Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or any other thing of value belonging to the city that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee. (B) Representation and appearance at meetings. No city official or employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, except that an official or employee may represent their interests in their own property before a board, agency, commission or department of the city. (2) Participate in any proceedings, directly or indirectly, wherein the official or employee represents the interests of any outside employer, business entity, group or interest in any matter, action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (C) Representation by council members. No city council member shall knowingly represent any private person, including the city council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the city, except that city council members may represent their interests in their own property before a board, agency, commission or department of the city. (D) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall knowingly represent any private person other than himself or herself. If a city council member elects to have a trial in municipal court, the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. (2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (E) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group 13 or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their own property. (F) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5. Contracts with city; cligihility for appointment or election to office. (A) No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (B)In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city" includes a sale to city -sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The city has approval authority over purchasing decisions made by the entity or organization; (4) The city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The city has approval authority over the budget of the organization. (C)This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. 14 I M111 I'll, NO 14 • NNW eaa epr.W M � e�.sr�:1 il, I I -- wil, I of the right to "e pr-eeess tiader- the law, ineltiding the right to represent himself in a eotir-t p ed one year- f�om the date of leaving eity employment, knowingly represent any . i ' per -s a other- than himself or- her -self-, ineltiding any immediate family member-, or- any (d) For- a period of one year- f�om the date of leaving employment, a fefmer- eity employee the former- eity employee shall fendef the eoatr-aet voidable by the eity manager- or- the tai. Thisb tib shall of apply t6—a former—E�employee hvsc E1��E6uii scm�cc it siz � 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 14, /2019 Requested By: Matt Hartleib Department: Admin — HR Report Ir' Resolution" Ordinance Exhibits: Compensation Workgroup report Recommended position changes Current Salary scale Appropriation Source of Funds: General Account Number: 0016146-5159997 Amount Budgeted: $967,588.00 Amount Requested: $1,004,990.00 Budgeted Item:; Yes No SUMMARY At the September 9, 2019, City Council meeting, a workgroup was approved to develop recommendations on a compensation philosophy for the City Of La Porte. Additionally, the workgroup discussed some specific actions to be taken in order to achieve that philosophy including steps to take in the 19/20 fiscal year. The City Of La Porte will maintain a competitive total compensation package to include the following aspects related to employee salaries: • Annual position and staffing reviews — these separate but related exercises will serve two purposes: (1) ensure that job descriptions accurately reflect the work being performed by employees and (2) facilitate forecasting of future staffing level adjustments. Reports from both reviews will be presented to the Council at the budget retreat each year to be considered in the budget process. • Annual market checks of salary data —each year staff will update market survey data and perform analyses to determine if any positions will be recommended for reassignment on the City's salary scale. Similar to the position and staffing reviews, results from this effort will be presented to Council at the budget retreat. • Merit program — in addition to keeping position midpoints competitive with the market, the City will continue to operate a performance based merit plan that identifies and incentivizes top performing employees. • Standard of living adjustments — keeping fiscal responsibility as a high priority, the City will look for appropriate opportunities to positively impact employee standard of living for all employees equally. These types of adjustments will likely not consistently be realized on an annual basis. Staff will present a full report of the recommendations developed by the workgroup, including adjustments to salaries in the 19/20 fiscal year. Based on initial projections, it is expected that the recommended actions can be accomplished using the funds included in the adopted budget. RECOMMENDED MOTION I move that Council approves the compensation workgroup recommendations to establisl compensation philosophies/practices and implement adjustments for fiscal year 2019-2020. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date N E C: O a--04-1 •0 4-0� a) O E o Q O O Q7-0 Ln O E E 4— i. •- E O o O L ' U cn cn V O ca U Ol •� O E O _0O` U 'U .N =3 E QU U O O Q (� •— 4— 0 tZA _ O i O c� _ 'U UD O UD O .O •- Q U kr, y— f'6 cr 4— O •O 4-04-0 E E O O a - J O a --i Q E O O to O Q E O U Q _4-0 E ca L ate--+ a) r -M 0 E 4— U O CL - U tn a U O •U f'6 Q bA O Q Q V) O O O ca O O ' 0 0 ate -J >, p O v v> O O O _CL O O O Q ca Al C�0 s� A w U ca E i O Q M, Al 0 E L W 0 Q E W _O 0- E E Q) cn � • — O U O _O U - i +-+ i — +-+ — O OO , cn C: •`� � � U f E U 4-J M •� •� Q O O +-� U U N O j7 .� .cn — O � Q p a-' }. E -a_O QL E = E O ° 4-J (1)0 (3) z 0 4- O E +� M-0 Q) Q) a •L Q +-+E fa f� 0 ate--+ � 4- p -a . — }, O U to -� _ O . � Co Q) ca a -J •� E 0 Ln .— N O ca > •— C - � • C6 � .}-+ 4-J C6 Ln _ (/) E _ Q� crcu -0bn 0 N W •— > O aA c6 -0 (�- ca t�A 4-+ C O •a+ •`� E CU 2� Q N L- O .c 0 J cn U 0 •� O '� c� OU —0 w� ca � O � O CSA •+-' w = N U o cn .�, i cn E E � w z) O Lf or or �4-wl I -e 5, E O 4- W ss _0rq — U ca E �— O •O •� Oi > ° a) 0 m .� !ELn a-' • — +., O +-0O +�-+ U In w •> : W 4-1 -Ile m -0 6.0 O Ov cn -I-J V)_m 4-J Q0 •� " a c: (1) (1) M Q) Ln =3 M 4-J U C37 -1-i v ,O E"m E Ubuo m Q .— O .— tn w 0 E .— Grade 009 $12.743 $15.927 $19.113 $26,505 $33,128 $39,754 Custodian N Parks +1 Receptionist N Finance Utilities Groundskeeper N Public Works +1 Grade 010 $13.252 $16.564 $19.876 $27,564 $34,453 $41,343 Golf Course Worker N Golf Grade 011 $13.781 $17.226 $20.672 $28,665 $35,831 $42,998 Customer Service Assistant N Parks Mechanic Assistant N Public Works Solid Waste Worker N Public Works +1 Grade 012 $14.333 $17.915 $21.498 $29,813 $37,264 $44,716 Building Maintenance Technician N Police +1 Golf Cart Mechanic N Golf Course Customer Service Clerk N Finance Equipment Operator I N Public Works Inspection Service Technician N Planning Meter Reader N Finance Park Maintenance Worker I N Parks +4 Therapeutic Recreation Specialist N Parks Grade 013 $14.907 $18.632 $22.358 $31,006 $38,754 $46,505 Court Specialist N Court +1 Records Specialist N Police Secretary N PW/Police/FMO/Parks Utility Operator I N Public Works Warehouse Specialist N Public Works Grade 014 $15.503 $19.378 $23.254 $32,246 $40,307 $48,368 EMS Billing Specialist N EMS Pool Maintenance Technician N Parks Utility Billing Assistant N Finance Grade 015 $16.122 $20.152 $24.183 $33,533 $41,917 $50,301 Building Maintenance Technician I N Parks +1 Equipment Operator II N Public Works Financial Services Technician N Finance +1 Golf Coordinator N Golf HR Specialist N HR +1 Mosquito Control Technician N Public Works Park Maintenance Worker II N Parks +4 Records Specialist N CSO Recreation Center Specialist N Parks Senior Golf Course Worker N Golf Grade 016 $16.769 $20.960 $25.150 $34,879 $43,596 $52,313 Animal Control Officer N Police Assistant Recreation Therapist N Parks Buyer N Purchasing Golf Course Mechanic N Golf Lift Station Operator N Public Works +1 Mechanic N Public Works Planning Technican N Planning Secretary IV N CSO/CMO Treatment Plant Mechanic N Public Works Utility Operator II N Public Works Water Production Operator II N Public Works Grade 017 $17.438 $21.798 $26.157 $36,271 $45,340 $54,406 Building Maintenance Technician II N Parks +1 Computer Support Specialist I N IT Criminal Investigation Specialist N Police +1 Jailer N Police Parts Manager N Public Works Sr. Park Maintenance Worker N Parks Telecommunicator N Police Treatment Plant Operator II N Public Works Grade 018 $18.135 $22.670 $27.203 $37,721 $47,153 $56,583 Administrative Assistant N Fire Benefits Specialist N HR Sr. Deputy Court Clerk N Court Deputy Tax Collector N Finance Engineering Technician N Planning Inspection Services Coordinator N Planning Property Room Custodian N Police Risk & Safety Specialist N HR Sr. Equipment Operator N Public Works Utility Billing Coordinator N Finance +1 Grade 019 $18.861 $23.576 $28.292 $39,231 $49,038 $58,848 Community Service Inspector N Planning GIS Technician N Planning Sr. Financial Services Technician N Finance +2 Grade 020 $20.507 $25.634 $30.760 $42,654 $53,318 $63,981 Assistant Golf Pro E Golf Computer Support Specialist III N IT Lead Telecom municator N Police Office Coordinator N/E PW/Police/Parks/Planning Recreation Therapist N Parks Sr. Mechanic N Public Works Sr. Utility Maintenance Operator N Public Works Grade 021 $21.328 $26.659 $31.990 $44,362 $55,451 $66,540 Industrial Waste Inspector N Public Works Building Inspector N Planning Sr. Lift Station Operator N Public Works +1 Senior Services Coordinator E Parks Senior Treatment Plant Operator N Public Works Grade 022 $22.180 $27.725 $33.271 $46,135 $57,669 $69,203 Contract Administrator N Purchasing Plans Examiner E Planning Recreation Programs Coordinator E Parks Grade 023 $23.068 $28.836 $34.602 $47,981 $59,978 $71,972 Accountant E Finance +1 Animal Control Supervisor N Police Crime Victim Liaison N Police Deputy Fire Marshal N Fire Equipment Services Supervisor E Public Works Parks Maintenance Supervisor N Parks Public Improvement Inspector N Public Works Solid Waste Supervisor N Public Works Street Maintenance Supervisor N Public Works Support Services Supervisor N Police Treatment Plant Supervisor N Public Works Utility Supervisor N Public Works Water Production Supervisor N Public Works Grade 024 $23.991 $29.989 $35.987 $49,902 $62,377 $74,853 Grade 025 $24.950 $31.188 $37.426 $51,897 $64,872 $77,846 Building Maintenance Tech Supervisor N Parks +2 Utility Billing Supervisor N Finance Grade 026 $25.949 $32.435 $38.922 $53,973 $67,465 $80,957 Accounting Coordinator E Finance Assistant City Secretary E CSO +3 GIS Manager E Planning Head Professional Golf Pro E Golf Grade 027 $26.986 $33.732 $40.479 $56,131 $70,163 $84,196 Assistant Utility Superintendent E Public Works Assistant Emergency Management Coordinator E EOC Capital Improvement Project Manager E Public Works Marketing/Special Event Specialist N Parks Senior Systems Administrator N IT Special Services Superintendent E Parks Grade 028 $28.065 $35.082 $42.098 $58,376 $72,970 $87,563 Deputy Building Official N Planning +2 Grade 029 $29.188 $36.485 $43.781 $60,710 $75,888 $91,065 City Planner E Planning Court Administrator E Court Equipment Services Superintendent E Public Works Network Administrator N IT Parks Maintenance Superintendent E Parks Recreation Superintendent E Parks Street Maintenance Superintendent E Public Works Utility Superintendent E Public Works Grade 030 $30.355 $37.944 $45.532 $63,139 $78,924 $94,707 Fire Training/Safety Officer N Fire Grade 031 $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 City Planner E Planning +2 Economic Development Coordinator E CMO Golf Course Superintendent E Golf Grade 032 $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Grade 033 $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Chief Building Official E Planning +2 Grade 034 $35.512 $44.390 $53.267 $73,865 $92,331 $110,795 Controller E Finance Purchasing Manager E Purchasing Treasurer E Finance Grade 035 $36.933 $46.165 $55.398 $76,820 $96,024 $115,227 correction EMS Chief E EMS Emergency Management Coordinator E EOC Fire Marshal E Fire Grade 036 $38.410 $48.012 $57.614 $79,892 $99,865 $119,838 Grade 037 $39.946 $49.932 $59.919 $83,088 $103,860 $124,631 Assistant Director of Public Works E Public Works +2 Assistant Fire Chief E Fire +2 City Engineer E Planning +2 Human Resources Manager E HR +2 IT Manager E IT +3 Grade 038 $41.544 $51.930 $62.316 $86,411 $108,014 $129,617 Assistant Police Chief E Police +3 Grade 039 $43.206 $54.007 $64.808 $89,868 $112,334 $134,801 Grade 040 $44.934 $56.167 $67.401 $93,462 $116,828 $140,193 Grade 041 $46.731 $58.414 $70.097 $97,201 $121,501 $145,801 Director of Finance E Finance Director of Parks and Recreation E Parks Director of Planning E Planning Director of Public Works E Public Works Grade 042 $48.600 $60.751 $72.901 $101,089 $126,361 $151,633 Grade 043 $50.544 $63.181 $75.817 $105,132 $131,415 $157,699 Chief of Police E Police +2 Grade 044 $52.564 $65.706 $78.846 $109,334 $136,668 $164,000 Grade 045 $54.667 $68.334 $82.001 $113,708 $142,135 $170,562 Assistant City Manager E CMO +1 Grade 046 $56.854 $71.067 $85.281 $118,256 $147,820 $177,384 Grade 047 $59.128 $73.910 $88.692 $122,986 $153,733 $184,479 Grade 123 City Manager E CMO City Secretary E CSO Golf Course Manager E Golf Presiding Judge E Municipal Court (Classification I FLSAIDepartment I Hourly I Annual I Grade 008 Park Maintenance Worker I N Parks Utilities Groundskeeper N Public Works Grade 009 $12.743 $15.927 $19.113 $26,505 $33,128 $39,754 Receptionist N Finance Grade 010 $13.252 $16.564 $19.876 $27,564 $34,453 $41,343 Golf Course Worker N Golf Solid Waste Worker N Public Works Grade 011 $13.781 $17.226 $20.672 $28,665 $35,831 $42,998 Building Maintenance Technician N Police Customer Service Assistant N Parks Mechanic Assistant N Public Works Park Maintenance Worker 11 N Parks Grade 012 $14.333 $17.915 $21.498 $29,813 $37,264 $44,716 Golf Cart Mechanic N Golf Course Customer Service Clerk N Finance Deputy Court Clerk N Court Equipment Operator I N Public Works Inspection Service Technician N Planning Meter Reader N Finance Therapeutic Recreation Specialist N Parks Grade 013 $14.907 $18.632 $22.358 $31,006 $38,754 $46,505 Records Specialist N Police Secretary N PW/Police/FMO/Parks Utility Operator I N Public Works Warehouse Specialist N Public Works Grade 014 $15.503 $19.378 $23.254 $32,246 $40,307 $48,368 Building Maintenance Technician I N Parks EMS Billing Specialist N EMS Financial Services Technician N Finance HR Specialist N HR Pool Maintenance Technician N Parks Utility Billing Assistant N Finance Grade 015 $16.122 $20.152 $24.183 $33,533 $41,917 $50,301 Equipment Operator 11 N Public Works Golf Coordinator N Golf Lift Station Operator N Public Works Mosquito Control Technician N Public Works Records Specialist N CSO Recreation Center Specialist N Parks Senior Golf Course Worker N Golf Grade 016 $16.769 $20.960 $25.150 $34,879 $43,596 $52,313 Animal Control Officer N Police Assistant Recreation Therapist N Parks Building Maintenance Technician 11 N Parks Buyer N Purchasing Criminal Investigation Specialist N Police Golf Course Mechanic N Golf Mechanic N Public Works Planning Technican N Planning Secretary IV N CSO/CMO Treatment Plant Mechanic N Public Works Utility Operator 11 N Public Works Water Production Operator 11 N Public Works Grade 017 $17.438 $21.798 $26.157 $36,271 $45,340 $54,406 Computer Support Specialist I N IT Jailer N Police Parts Manager N Public Works Sr. Financial Services Technician N Finance Sr. Park Maintenance Worker N Parks Telecommunicator N Police Treatment Plant Operator II N Public Works Utility Billing Coordinator N Finance Grade 018 $18.135 $22.670 $27.203 $37,721 $47,153 $56,583 Administrative Assistant N Fire Benefits Specialist N HR Sr. Deputy Court Clerk N Court Deputy Tax Collector N Finance Engineering Technician N Planning Inspection Services Coordinator N Planning Property Room Custodian N Police Risk & Safety Specialist N HR Sr. Equipment Operator N Public Works Grade 019 $18.861 $23.576 $28.292 $39,231 $49,038 $58,848 Community Service Inspector N Planning Deputy Fire Marshal I N Fire GIS Technician N Planning Grade 020 $20.507 $25.634 $30.760 $42,654 $53,318 $63,981 Assistant Golf Pro E Golf Computer Support Specialist III N IT Lead Telecommunicator N Police Office Coordinator N/E PW/Police/Parks/Planning Recreation Therapist N Parks Sr. Lift Station Operator N Public Works Sr. Mechanic N Public Works Sr. Utility Maintenance Operator N Public Works Grade 021 $21.328 $26.659 $31.990 $44,362 $55,451 $66,540 Industrial Waste Inspector N Public Works Building Inspector N Planning Senior Services Coordinator E Parks Senior Treatment Plant Operator N Public Works Grade 022 $22.180 $27.725 $33.271 $46,135 $57,669 $69,203 Accountant E Finance Contract Administrator N Purchasing Plans Examiner E Planning Recreation Programs Coordinator E Parks Grade 023 $23.068 $28.836 $34.602 $47,981 $59,978 $71,972 Animal Control Supervisor N Police Assistant City Secretary E CSO Building Maintenance Tech Supervisor N Parks Crime Victim Liaison N Police Deputy Fire Marshal II N Fire Equipment Services Supervisor E Public Works Parks Maintenance Supervisor N Parks Public Improvement Inspector N Public Works Solid Waste Supervisor N Public Works Street Maintenance Supervisor N Public Works Support Services Supervisor N Police Treatment Plant Supervisor N Public Works Utility Supervisor N Public Works Water Production Supervisor N Public Works Grade 024 $23.991 $29.989 $35.987 $49,902 $62,377 $74,853 Grade 025 $24.950 $31.188 $37.426 $51,897 $64,872 $77,846 Utility Billing Supervisor N Finance Grade 026 $25.949 $32.435 $38.922 $53,973 $67,465 $80,957 Accounting Coordinator E Finance Deputy Building Official N Planning $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 GIS Manager E Planning Head Professional Golf Pro E Golf Grade 027 E Golf $26.986 $33.732 $40.479 $56,131 $70,163 $84,196 Assistant Utility Superintendent E Public Works $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Assistant Emergency Management Coordinator E EOC $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Capital Improvement Project Manager E Public Works $35.512 $44.390 $53.267 $73,865 $92,331 $110,795 Marketing/Special Event Specialist N CMO Senior Systems Administrator N IT Special Services Superintendent E Parks Grade 028 E Finance $28.065 $35.082 $42.098 $58,376 $72,970 $87,563 Grade 035 $36.932 $45.822 $54.712 $76,818 $95,309 $113,801 Grade 029 E Public Works $29.188 $36.485 $43.781 $60,710 $75,888 $91,065 City Planner E Planning Court Administrator E Court Equipment Services Superintendent E Public Works Network Administrator N IT Parks Maintenance Superintendent E Parks Recreation Superintendent E Parks Street Maintenance Superintendent E Public Works Utility Superintendent E Public Works $38.124 $47.655 $57.185 $79,297 $99,121 $118,946 Grade 030 $30.355 $37.944 $45.532 $63,139 $78,924 $94,707 Fire Training/Safety Officer N Fire Grade 031 $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 Chief Building Official E Planning Economic Development Coordinator E CMO Golf Course Superintendent E Golf Grade 032 $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Grade 033 $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Grade 034 $35.512 $44.390 $53.267 $73,865 $92,331 $110,795 Controller E Finance IT Manager E IT Purchasing Manager E Purchasing Treasurer E Finance Grade 035 $36.932 $45.822 $54.712 $76,818 $95,309 $113,801 Assistant Director of Public Works E Public Works Assistant Fire Chief E Fire Assistant Police Chief E Police City Engineer E Planning EMS Chief E EMS Emergency Management Coordinator E EOC Fire Marshal E Fire Human Resources Manager E HR Grade 036 $38.124 $47.655 $57.185 $79,297 $99,121 $118,946 Grade 037 $39.649 $49.561 $59.473 $82,469 $103,086 $123,703 Grade 038 $41.234 $51.543 $61.852 $85,768 $107,210 $128,652 Grade 039 $42.884 $53.605 $64.326 $89,198 $111,498 $133,798 Grade 040 $44.599 $55.749 $66.899 $92,766 $115,958 $139,150 Grade 041 $46.731 $58.414 $70.097 $97,201 $121,501 $145,801 Chief of Police E Police Director of Finance E Finance Director of Parks and Recreation E Parks Director of Planning E Planning Director of Public Works E Public Works Grade 042 $48.600 $60.751 $72.901 $101,089 $126,361 $151,633 Grade 043 $50.544 $63.181 $75.817 $105,132 $131,415 $157,699 Grade 044 $52.564 $65.706 $78.846 $109,334 $136,668 $164,000 Assistant City Manager E CMO Grade 045 $54.667 $68.334 $82.001 $113,708 $142,135 $170,562 Grade 046 $56.854 $71.067 $85.281 $118,256 $147,820 $177,384 Grade 047 $59.128 $73.910 $88.692 $122,986 $153,733 $184,479 Grade 123 City Manager E CMO City Secretary E CSO Golf Course Manager E Golf Presiding Judge E Municipal Court Council Agenda Item October 14, 2019 7 (a) Receive report of the La Porte Drainage and Flooding Committee Meeting — Councilperson Jay Martin Council Agenda Item October 14, 2019 8. ADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, October 17, 2019 Zoning Board of Adjustment Meeting, Thursday, October 24, 2019 City Council Meeting, Monday, October 28, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. ******************************************************************