HomeMy WebLinkAbout08-24-20 Regular Meeting of the La Porte City Council (2)
Recognition of Service Kelly Garner
The three words that describeloyalty,dedication,and passion. He had
such a passion for working forthe City of La Porte, but, evenmore, withBay Forest Golf Course. Kelly
began his career at Bay Forest in July 1989, when his wife,Virginia,allowed himto take the position of
Assistant Golf Professional under Head Golf Professional Alex Osmond. In 1992, Kelly earned his
membership to the Professional Golfers Association of Americaand eventually earned the role of Head
Golf Professional at Bay Forest tofinish out his thirty-one year career with the City of La Porte and Bay
Forest Golf Course.
Kelly would always step up to any challenge. The golf industry has definitely changed through the years
and Kelly took the lead in improvements. He would ensure Bay Forest was keeping pace with the
industry and could provide the customerswith a feeling that it wastheir home course. Kelly consistently
played an instrumental part in the growth and success that led to Bay Forest being recognized as one
of the top municipal golf courses in the state.
His strongestattribute is his passion, both for building the game of golf and for Bay Forest. Kelly
provided private lessons and developed junior clinics to get moreyouthinvolved in the game, which
became the annualtwo-day junior championship, now named the Kiibler Cup. Before the industry
became flooded with summer junior tournaments, the Kiibler Cup was one of the largest junior
tournaments in the Southern Texas Section. Why stop with the kiddos,Kellyasked, and then
developed the Bay Forest Handicap Association and monthly tournaments with a year-end
championship. But his pride and joy is the Bay Area Championship. The BAC is a two-day individual
stroke play tournament that still attracts golfers from all over southTexas.
As Kelly prepares to begin his next chapter in life and enjoy retirement, he will be dearly missed by the
many he has touched over his 31years of employment atthe City of La Porte and Bay Forest Golf
Course. His former and current colleaguescannot thank Kelly enough for all he has done. Now, he and
his lovelyVirginia can spend more time with family in North Texas,and spoil their two granddaughters
even more. Enjoyit,Kelly, you deserve this next phase of life. And
a work schedule anymore!
LOUIS RIGBY
BILL BENTLEY
Mayor
CouncilpersonDistrict 3
BRANDON LUNSFORD
THOMAS GARZA
CouncilpersonAt Large A
CouncilpersonDistrict 4
STEVE GILLETT
JAY MARTIN
CouncilpersonAt Large B
CouncilpersonDistrict 5
DANNY EARP
NANCY OJEDA
CouncilpersonDistrict 1
CouncilpersonDistrict 6
CHUCK ENGELKEN
CouncilpersonDistrict 2
Mayor Pro-Tem
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
AUGUST 10, 2020
The City Council of the City of La Portemet in aregularmeetingonMonday,August 10,2020,at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., with the following in attendance:
Councilpersons present: Louis Rigby, Danny Earp, Bill Bentley, Thomas Garza(left before the Invocation),JayMartin
Councilpersons attending remotely: Brandon Lunsford, Steve Gillett, Chuck Engelken,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 Rigbycalled the meeting to order at 6:00p.m.Mayor Rigby reminded Councilperson Garza
Councilperson Garzasaid he was exempted from wearing a face covering for medical reasons and would not be wearing
one. The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and
could go to his office in City Hall. Councilperson Garza declined to participate remotely. The Mayorasked the Sergeant-
at-Arms to remove Councilperson Garza. Councilperson Garza moved tha
The motion did not receive a second and was not considered.Councilperson Garza was escorted from the room.
2.INVOCATION The invocation was given by Reverend Brian Christen,La Porte CommunityChurch, and pledgeswere
led by CouncilpersonDanny Earp.
3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
There were no presentations, proclamations or recognitions.
4.CITIZENCOMMENT(Generally limited to five minutes per person; in accordance with state law, the time may be
reduced if there is a high number of speakers or other considerations.)
Barbara Norwine spoke about the importance of face coverings and requested more mosquito spraying.
5.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in accordance
with 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 meeting held on July 27, 2020.\[Mayor Rigby\]
b.Approvere-appointments to various City boards, committees, and commissions. \[Mayor Rigby\]
c.Accept the anticipated combined 2020 Ad Valorem collection rate of 100.52%, in accordance with Texas
Property Tax Code Sec. 26.04. \[Michael Dolby, Finance Director\]
Mayor Pro Tem Engelken moved to approve the consent agenda;the motion was seconded by Councilperson
Bentleyand was adopted, 8-0.
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August 10, 2020,Council Meeting Minutes
6.STATUTORY AGENDA
a.Presentation, discussion, and possible action regarding the appointment of a Charter Review Committee.
\[Mayor Rigby\]
Councilperson Martin movedthe establishmentof a Charter Review Committee prior to the May 2021 election
composed of citizens to be appointed by each Councilperson\[one each\]; the motion was seconded by
Counc
ded by Councilperson Martin and was adopted, 8-0. The amended main motion
was adopted, 8-0.
b.Presentation, discussion, and possible action regarding the City of La Porte Fiscal Year 2020-2021
Proposed Budget. \[Corby Alexander, City Manager\]
Mayor Pro Tem Engelken moved that the Council stop the budget presentation at 8:15 p.m.to convene the
Executive Session; the motion was seconded by Councilperson Bentley and was adopted 8-0.
Staff provided an overview of all funds and expected year-end balances and an overview of budget proposals for
the coming year.Mayor Rigbymoved toaccept the budget as presented, with the exception of addingFire
Inspection staff (more information will bereturned to Council) and the evaluation ofthe fence at the T-ballpark.The
motion was seconded by Councilperson Earpand adopted, 8-0.
7.REPORTS
a.Receive FY 2019-20 third quarter Capital Improvement Plan programupdate. \[Jason Weeks, Assistant City
Manager\]
Mr. Weeks provided the report.
b.Receive a report on the Drainage and Flooding CommitteeMeeting. \[CouncilpersonJay Martin\]
Councilperson Martin said the Committee received project reports and updatesandsetthenext meeting for
September 14.
8.ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, August 20
La Porte Development Corporation Boardmeeting, August 24
City Council meeting,August 24
There were no reports.
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.
Councilpersonsthanked staff for their hard workon the presentations and said they look forward to adopting the budget;
congratulated the Chamber of Commerce on the success of their third annual Fishing Tournament; and thanked the
staff for the ability to complete the budget reviewin one evening.
10.EXECUTIVE SESSION The City Council will meet inclosed session pursuant to Texas Government
CodeSection 551.074 -personnel matters regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee -regarding City Secretary Lee Woodward.
The Council adjourned into executive session at 8:23p.m.
11.RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session.
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August 10, 2020,Council Meeting Minutes
The Council reconvened into open session at 9:31p.m.The Mayor said the Councilhaddiscussed goals for the City
Secretary position and that he would meetwith the HR Manager to develop a setof themfor the City Secretary and
Council to sign and file.
ADJOURN Without objection, Mayor Rigby adjourned themeeting at 9:32p.m.
_______________________________
Lee Woodward, City Secretary
Page 3of3
August 10, 2020,Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
015General CIP
Requested By:Jason Weeks, Asst. City Mgr.
Source of Funds:Enhancement Grant
Department:Administration/CMO
Account Number:015-9892-993-1100
ReportResolutionOrdinance
Amount Budgeted:$167,399
Amount Requested:$50,000
Exhibits:Application, Additional Information, Renovation
Quotes, and Site & Design Plans
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The La Porte Enhancement Grant Program, which is sponsored by the La Porte
Development Corporation, offers matching grants to business which are located
anywhere within the City of La Porte. Eligible improvements of the La Porte
Enhancement Grant Program include facade rehabilitation/enhancement,
beautification projects, new awnings, canopies, porches, signage, and parking lot
improvements. The program will reimburse eligible business owners 50% of the cost
of qualifying expenses upto $50,000.
The applicants, Marion and Vicki Campise, are formally requesting enhancement grant
funding in the amount of $50,000. The applicant estimates $196,576.94 in eligible
enhancement grant expenses. Typically, Enhancement Grant project are reviewed and
approvedsolely by the Development Corporation. However, bylaws require
expenditures in excess of $25,000 to be approved by the City Council. On July 27,
2020, the application was considered and approved by the Development Corporation.
Staff has provided documentation related to the project
Project History:
On February 24, 2020, staff brought to the La Porte Development CorporationBoard a
project in downtown La Porte. The applicant Marion (Marty) and Vicki Campise have
purchased
Ceramics. The building is located at 100 W. Main Street. The initial renovation proposal
included remodeling the building to have two (2) or three (3) retail spaces, along with
three (3) apartment units. There is a need to significantly remodel due to the roof
needing to be completely replaced, the entire façade needing to be redone and the
initial
Since the February 24th meeting, the applicant has moved further along on this project
and has made some changes to the initial project. Currently, the applicant has secured
agreements with two (2) tenants to occupy the first floor of this building. These tenants
are Goodies and the La Porte-Bayshore Chamber of Commerce. The primary reason
for the reduction from three (3) to two (2) commercial business wasdue to the Chamber
needing an additional 500 sq. ft. of space, thereby only allowing capacity for these two
(2) commercial businesses. Additional changes reduced the number of apartments on
the second floor from three (3) to two (2) due to a resident requiring 1800 sq. ft. of
space. To-date, the applicant has secured rentaltenantsfor the apartment units. The
initial investment of the applicant was estimated at $500,000; however, once the
development team gathered the necessary documentation for the renovation, this
estimate has increased to $700,000.The total investment will be $850,000, including
land and building at $150,000 and the total renovations.
Summary
Mr. & Mrs. Campise have filed an application (in addition to the incentive grant)for an
enhancement grant to aid in the refurbishment/renovation of the old bank building at
100 W. Main Street. The applicant is requesting a $50,000 reimbursement forfaçade,
signage, roofing and parking eligible expenses.Staff recommends City Council
approving the $50,000 enhancement grant for the project of Marty & Vicki Campise at
100 W. Main Street in La Porte, Texas.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly act upon an enhancement grant in the amount of
$50,000 for the application by Marion (Marty) and Vicki Campise for the
refurbishment/renovation of the old bank building located at 100 W. Main Street in La
Porte, Texas.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:038EDC Fund
Requested By:Jason Weeks, Asst. City Mgr.
Department:Administration/CMO
Account Number:038-6030-565-9997
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:$85,000.00
Exhibits:Development Agreement, Incentive Application,
Budgeted Item:YesNo
Design & Site Plans
SUMMARY& RECOMMENDATION
On February 24, 2020, staff brought to the La Porte Development Corporation Board a
project in downtown La Porte. The applicant Marion (Marty) and Vicki Campise have
purchased the Main Street bank building, which was previously occupied b
Ceramics. The building is located at 100 W. Main Street. The initial renovation proposal
included remodeling the building to have two (2) or three (3) retail spaces, along with
three (3) apartment units. There is a need to significantly remodel due to the roof
needing to be completely replaced, the entire façade needing to be redone and the
the project through
the EDC matrix, which indicated that this project would be eligible for a $22,365
incentive. This project has the potential to have more intangible value to the City,
specifically due to the foot traffic hub on Main Street.
On February 24th, the La Porte Development Corporation Board discussed the project
and approved to move forward with an incentive package for this project inan amount
not to exceed of $85,000. Asrequired bystate law, a sixty (60) day public comment
peri
Bay Area Observer on March 5, 2020. Since this date, staff has not received any citizen
feedback regardingthis incentive application.
Since the February 24th meeting, the applicant has moved further along on this project
and has made some changes to the initial project. Currently, the applicant has secured
agreements with two (2) tenants to occupy the first floor of this building. These tenants
are Goodies and the La Porte-Bayshore Chamber of Commerce. The primary reason
for the reduction from three (3) to two (2) commercial business was due to the Chamber
needing an additional 500 sq. ft. of space, thereby only allowing capacity for these two
(2) commercial businesses. Additional changes reduced the number of apartments on
the second floor from three (3) to two (2) due to a resident requiring 1800 sq. ft. of
space. To-date, the applicant has secured rental tenants for the apartment units. The
initial investment of the applicant was estimated at $500,000; however, once the
development team gathered the necessary documentation for the renovation, this
estimate has increased to $700,000. The total investment will be $850,000, including
land and building at $150,000 and the total renovations.
In addition to a request for an incentive for this project, the applicant submitted a request
for an enhancement grant in the amount of $50,000. On July 27, 2020, the La Porte
Development Corporation Board approved the enhancement grant in the amount of
$50,000 and conducted a public hearing on the incentive project in the amount of
$85,000and approved moving forward with the incentive agreement.On August 24,
the La Porte Development Corporation Board will consider the development agreement
attached.
Summary
In order for Mr. & Mrs. Campise to make this project work they submitted for an
additional application (in addition to the incentive grant) for an enhancement grant to
aid in the refurbishment/renovation of the old bank building at 100W. Main Street. The
Board approved a $50,000 reimbursement of his projected $850,000 in façade,
signage, roofing and parking eligible expenses. Due to this request being in excess of
$25,000, the application required action by the City Council, which willoccur on August
development agreement concerning the additional funding through an incentive project
for an amount not to exceed $85,000. Below outlines details of this draft development
agreement:
Total cash incentiveof $85,000 with following payment schedule: two payments
of $40,000 and $45,000
o First payment of $40,000, within 30 days of substantial completion of
construction/ renovations.This payment is estimated to occur around
January 2021.
o Second payment of $45,000 when building is occupied with four (4) full-
time jobs (confirmed by documentation from each business stating such).
nd
The applicant will be responsible for maintaining jobs 5 years after 2
payment.This payment is estimated to occur around June 2021.
Claw-
maintain the four (4) jobs for five (5) years, each year potential claw-back amount
decreases by $17,000.
This item is being considered for approval by the La Porte Development Corporation
th
Board on August 24. Staff anticipates approval by the EDC Board and will be bringing
this item forward immediately following the EDC meeting for City Councils
consideration. Staff recommends the City Councilapprove the development agreement
for the 100 W. Main Street project for the refurbishment/renovation of the old bank
building located at 100 W. Main Street in La Porte, Texas not to exceed $85,000.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and approve a Development Agreement for 100 W. Main Street, an
incentive for refurbishment/renovation of the old bank building located at 100 W. Main
Street in La Porte, Texas not to exceed $85,000.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA PORTE
DEVELOPMENT COPRPORATION,ANDMARION CAMPISE AND VICKI CAMPISE,FOR USE OF
TYPE B DEVELOPMENT CORPORATIONSALES TAX FUNDS
THIS AGREEMENT made by and entered into this 24thday of August 2020between the La
Porte Development Corporation, aType B non-profit corporation operating under authority of Texas
Local Government Code Chapters501 and 505Marion Campise,hereinafter
WITNESSETH:
WHEREAS, the voters of the City of La Porte authorized the levying of additional sales tax within
the Cityfor promotion of economic development and the LPDC is authorized touse such tax revenues
for certain qualifying projects and other economic developmentrelated purposes; and
WHEREAS, Recipient is aTexasbasedcommercial developmentcompanythat specializesin
rehabilitating underutilized commercial buildings; and
WHEREAS, Recipient wishes torenovate the exterior and interior of athe building located at
100 West Main Street., and make associated site improvements, for the purpose of operatingamixed
use commercial and residential facility and which would1) result in the expenditure by Recipient of an
estimated $650,000.00 in capital improvements;and 2)employ an estimatedfour(4)full time
personnel; and
WHEREAS, Recipient has requested that LPDCprovide financial incentives to Recipient to
contribute towards the cost of renovation of the property at 100 West Main Streetunder a qualifying
projectof the LPDCfor infrastructure, site and related improvements,asauthorized by Texas Local
Government Code Chapters 501 and 505,and it is the desire of LPDCto assist in the funding ofsame,
finding that such expenditures will promote or develop new or expanded business enterprises.
WHEREAS, Texas law and the by-lawsof the LPDCrequire that certainexpenditures and
projects by the LPDCbe approved by the governing body of the City; andwhereasthe LPDCBoard
has duly approved such project and the expendituresfor same have been authorized by the La Porte
City Council; and
NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in
considerationof the mutual benefits that will accrue to each of the parties hereof, as well as to the
citizens of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows:
ARTICLE I
1
In consideration of Recipientrenovating the existing structure at 100 West Main Street and
operating a mixed use commercial and residential facilityat the subject siteBuilding,which
proposal was consideredin that certain public hearing authorizingaproposed project for the
expenditure of LPDCfundsfor the promotion or development of new or expanded business enterprises,
held before theLPDConJuly 27, 2020,LPDCagrees to provide Recipient anincentivepackage
consisting of acash paymentinatotal sum not to exceed$85,000.00, to be distributed intwo
increments of$40,000 and $45,000.00each,with each distribution conditionedon the attainment of
certain performance thresholds, more specifically outlinedasfollows:
1)Acash incentivepaymentinanamount equal to $40,000.00will be distributed to
Recipient by LPDC, upon a) receipt by LPDC ofproof of substantial completion of
renovation of the Building and b) proof of minimum capital investment in the amount of
$650,000.00 applied towards renovation of the Building and related infrastructure and
site work,exclusiveof the cost to Recipient to purchase the existing real estate tract
and vacant building.However, in no case will the $40,000.00 payment bemadeby
LPDC ifdocumentationsubstantiating 1) substantial completion of the renovation of
the Building and 2) the expenditure of no less than $650,000.00 applied towards capital
improvements to the Buildingis not delivered to and received by LPDC by January 31,
2021. In the case that proof ofsubstantial completion of renovation of the Building and
minimum capital investment of $650,000.00 applied towards capital improvements to
the Building is presented to LPDC on or before saidJanuary 31, 2021deadline, the
LPDC shallconvene a meeting of the LPDC Board of Directors for a date no later than
forty-five (45)days after receipt of proof of substantial completion of the renovation of
the Buildingand minimum capital investment of $650,000.00 by LPDC from Recipient.
Upon verificationof the substantial completion of the Building and minimum capital
investment of $650,000.00, as reflected by formal vote of the LPDC Board of Directors
that Recipient has satisfied the requirements of this paragraph, LPDC will then remit
the $40,000.00 toRecipient within a period notto exceed thirty (30) days.
In the case where Recipient fails to submit proof of substantial completion of renovation
of the Building and proof of a minimum capital investment in the amount of
$650,000.00 by the January 31, 2021deadline, despite being disqualified for the
incentive payment Recipient will remain eligible to qualify for receipt of the $45,000.00
incentive payment under Paragraph 2 below, in so far as the conditions precedent for
permanent employment of four positions is established in such paragraph ismet.
However, in such case Recipient will be required to submit proof of substantial
completion of renovation of the Buildingin order to qualifyfor the incentive payments
outlined in Paragraph 2below.
2)A cash incentive payment in an amount equal to $45,000.00 will be distributed to
Recipient by LPDC upon delivery to the LPDC of a) an employment roster evidencing
that entities leasing space within the Building cumulatively employ aminimum of four
(4) full time employeesat the Buildingsiteas of June 30, 2021.However, in no case
will the $45,000.00 payment be made by LPDC if proof of the employment of a
minimum of four(4) full time personnelas of June 30, 2021is not delivered to and
received by LPDC by August 30, 2021.Proof of employment, for purposes of this
2
agreement, may be satisfied by submission to LPDC by the saidAugust 30, 2021
deadline of a) copies of 941 Report to the Internal Revenue
Service and C3 Report to the Texas Workforce Commission for each employee (but
with social security numbers of each employee redacted) and b) a notarizedstatement
executed by Building site lesseesaffirming that a cumulative four(4) full time
employees are employed inpositions permanently located at the Buildingsite.
In the case that proof of employment of four (4) full-time personnelis presented to
LPDC on or before said August 30, 2021deadline, the LPDC shall convene a meeting
of the LPDC Board of Directors for a date no later than forty-five (45) days after receipt
of proof of employment by lessees at the Building site byRecipient. Upon verification
of employmentas reflected by formal vote of the LPDC Board of Directors, LPDC will
then remit the $45,000.00 to Recipient within a period not to exceed thirty (30) days.
In the event that Recipient qualifies for the $45,000.00 incentive installment based upon proof of
employment of four (4) full-time positions by lessees located at the Building site pursuant to Article 1,
Paragraph 2, above,then in such case Recipient shall be required to prove the continuous employment
by lessees at the Building site of a cumulative minimum of four (4) full-time positions, for acontinuous
five (5) year period. At the conclusion of each calendar year during suchfive (5) year period, beginning
on December 31, 2021, through and including December 31, 2025, Recipient shall be required to
submit to the LPDC proof of employment of a minimum of four (4) full-time positions at the Building
site, in the manner required under Article 1, Paragraph 2, above. Should Recipient fail to provide proof
of the employment of four (4) full-time employees at the end of a calendar year, then for that year
Recipient shall be responsible for remitting to the LPDCthe sum of $17,000.00 representing recapture
out of the previously awarded $85,000.00 incentive paid under this Agreement. However, in the
instance that Recipient provides proof of employment of a minimum of four (4) full-time positions at the
end of a calendar year, Recipient shall be relieved from the obligation to remit to the LPDC $17,000.00
recapturefor that year.
If Recipient fails to qualify for the $40,000 incentive installment provided for in Article I, Paragraph 1
but qualifies for payment of the $45,000.00 payment under Article 1, Paragraph 2, then in that case the
obligations of Recipient to maintain the continuous employment of four (4) full-time personnel at the
Building site shall continue to apply, but in the case of failure to maintain employment of four (4) full-
time employees at the Building site shall subject Recipient to the requirement to remit to the LPDC
$9000.00 as recapture out of the previously awarded $45,000 incentive paid under this Agreement,
instead of $17,000.00.
ARTICLEII
All funds received as herein provided shall be solely for the purpose of contributing towards
Recipientin the renovationof the exterior and interior of the building located at 100 West Main
Streetand for the making ofassociated site and infrastructure improvements, to operate a mixed-use
commercial and residential facility.Recipient further acknowledges that the incentive grant provided for
herein is tied to a project of the LPDC for the promotionor development ofnew or expanded business
enterprises,as authorized by Texas Local Government Code chapters 501 and 505.
3
ARTICLE III
Disbursement and/or retention of the cash incentive identified in Article I of this Agreementshall
be made as follows:
A.Disbursement shall be made to Recipient, subject to the satisfaction of the conditions precedent
or conditions subsequent contained withinArticle I of this Agreement.
B.LPDCobligation to Recipient shall not exceed $85,000.00, nor shall LPDCbe obligated to
reimburse Recipient for requests delivered to LPDCafter the termination of this Agreement.
ARTICLE IV
Recipient understands that the funds paid to Recipient by the LPDCare derived from tax
revenues collected under Texas Local Government Code 505.252,and that LPDChasestimated the
tax revenues to be collected during the term of this Agreement. Recipient further understands,
acknowledges, and agrees that if the tax revenue actually collected isless than 90% ofthe estimated
tax revenues to be collected in any fiscal year during the term of this Agreement, LPDCwill be under
no obligation to provide funding to Recipient for any payment or payments during or after the fiscal year
for which there is a revenue shortfall.Upon execution of the Agreement, funds will be placed in a City
of La Porte designated commitment account for purposes of this Agreement.
ARTICLE V
In the event of any default by Recipient hereunder, including, but not limited to, use of the funds
provided herein for purposes other than those stated in Article Iof this Agreement,LPDCmay cease
all future payments hereunder and terminate this Agreement. In addition, LPDCshall have the right to
reclaim and recapture, and Recipient shall refund,any funds that are not spent in accordance with the
terms of this Agreement, including1) LPDCfunds spent by Recipient in contravention of this Agreement
and 2) any LPDCfunds previously paid to Recipientbut not yet spent by Recipient.In each such case,
the previously paid cash paymentor payments shall be remitted to the LPDCwithin sixty(60) of receipt
of written demand for same.
Any breach of this covenant shall be grounds for immediate termination of the distribution of
funds.
ARTICLE VI
The term of this Agreement is for a period beginningon the date of approval by LPDCand ending
July 31, 2026.
ARTICLE VII
All funds provided by the LPDCpursuant to this Agreement may beused only for the purposes
authorized by this Agreement.Notwithstanding Article I, above, City shall be under no obligation to
4
make any fund disbursements if the reports required under this Article have not been delivered to the
LPDC.
ARTICLE VIII
This Agreement does not create any joint venture, partnership, or agency relationship between
the LPDCand Recipient.Recipient shall have exclusive control of, and the exclusive right to control
the details of the work to be performed by Recipient hereunder and all personnel performing same, and
shall be solely responsible for the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event shall
esponsibilities hereunder be
considered an officer, agent, servant, or employee of the LPDC.
ARTICLE IX
Recipient agrees to assume and does hereby assume all responsibility and liability for damages
sustained by persons or property, whether real or asserted, by or from the carrying on of work by
Recipient or in the performance of services performed and to beperformed by Recipient hereunder.
Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless LPDCand
all their respective officers, agents, and employees from all suits, actions, claims, and expenses of any
character, includi
whether real or asserted, sustained by any person or property by orin consequence of any intentional
or negligent act, omission, or conduct of Recipient, its agents, servants or employees.
ARTICLE X
This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be
attached to and incorporated into this Agreement.
ARTICLE XI
Recipientshall adhere to all local, state, and federal laws and regulations that may affect its
actions made pursuant to this Agreement, and shall maintain in effect during the term of this Agreement
any and all federal, state, and local licenses and permits whichmay be required of Recipients generally.
ARTICLE XII
Recipient may not assign this Agreement,or any of the benefits provided herein including but
not limited to incentive paymentsidentified in Article I,without the written consent of LPDC.
ARTICLE XIII
The waiver by LPDCof any breach of any term, condition, or covenant herein contained shall
not be deemed a waiver of any subsequent breach of the same, or any other term, condition, or
covenant.
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ARTICLE XIV
The obligations of the Parties to this Agreement are performable in Harris County, Texas and if
legal action is necessary to enforce same, venue shall lie in Harris County, Texas.
ARTICLE XV
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas.
ARTICLE XVI
This Agreement may be executed in triplicate, each of which shall be deemed an original and
constitute one and the same instrument.
ARTICLE XVII
Neither LPDCnor Participant shall be required to perform any term, condition, or covenant in
this Agreement so long as such performanceis delayed or prevented by force majeure, which shall
mean Acts of God, civil riots, floods, and any other cause not reasonably within the control of LPDCor
Recipient except as herein provided, and which by the exercise of due diligence LPDCor Recipientis
unable, wholly or in part, to prevent or overcome.
ARTICLE XVIII
In submitting this application, the applicant whose signature appears belowaffirms its intent and
commitmentto comply in full with Section 2264.052 of the Government Code and certifies that it does
not and will not knowingly employ an undocumented worker during any time period associated with
thepublic subsidyfor which the application is being submitted. The applicant further certifies its
understanding and agreement that if it is convicted of a violation of 8 U.S.C. Section 1324a(f), providing
for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing
to employ unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the rate
and according to the terms of the agreement signed under Section 2264.053 of the Government Code,
not later than the 120th day after the date the city notifies the business of the violation.
ARTICLE XIX
The Agreement embodies the complete agreement of the parties hereto, superseding all oral or
written pervious and contemporary agreements between the Parties, which relate to matters in this
Agreement.
SIGNED AND AGREED to by LPDCand Recipient on the dates indicated below.
LA PORTE DEVELOPMENT CORPORTION
6
__________________________
Richard Warren, President
___________________
Date
ATTEST
___________________________
Secretary of the Corporation
Marion Campise
_________________________________
_________________________
Date
ATTEST
________________________________
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:001General Fund
Requested By:Matt Hartleib, Manager
Department:Admin -HR
Account Number:0016146-5159997
Amount Budgeted:$281,702.00
ReportResolutionOrdinance
Amount Requested:$155,773.00
Exhibits:Proposed 2020-21 Meet and Confer Pay
Budgeted Item:YesNo
Scale2017-2021 Meet and Confer Agreement
SUMMARY& RECOMMENDATION
As required by the previously approved City of La Porte/La Porte Police Officer
Association multi-year Meet and Confer Agreement, representatives of the City of La
ork in April
2020 to complete the annual process prescribed in Article III-Wages. This process
includes a market study of comparative police agencies, calculation of a market median
based pay scale, analysis of the budgetary impact of resulting pay scale changes, and
adjustment of the scale as needed to comply with the total salary budget increase cap
for covered employees.
After reviewing market data, the pay scale was adjusted in accordance with the Meet
and Confer agreement. The resulting proposed pay scale was provided to the City and
Association bargaining team members for review. On July 16th, the City and
Association teams met and agreed to the proposed pay scale. As required, the full
membership body of the Police Association has also affirmatively voted to accept the
proposed pay scalein a voting period that ended on August 7, 2020. The projected
fiscal impact of just the proposed pay scale adjustment is a 2.17%increase. The impact
to employees on the scale is differentdue to the step mechanism in each rank.For
employees that receive one step increase in the 20-21 FY, the average increase by
rank is:
Patrol officer 4.92%
Sergeant 4.55%
Lieutenant 6.21%
The amount requested ($155,733.00) includes the adjustment to the pay scale and
accompanying adjustments to FICA and TMRS.
The existing Agreement and current pay scale are in compliance with and pursuant to
the provisions of the Texas Local Government Code and will be in effect until
September 30, 2021.
Staff recommends approval of the proposed pay scale as presented.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss, and possibly approve the proposed La Porte Police Department
Meet and Conferpay scale for fiscal year 2020-2021.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
Proposed Civil Service Salary Schedule 2020/2021
Police CS1CS1-0CS1-1CS1-2CS1-3CS1-4CS1-5CS1-6CS1-7CS1-8CS1-9CS1-10
Officer 012345678910
28.5229.3930.2531.1231.9832.8533.7134.5835.4436.3137.17
Seargeant CS2CS2-0CS2-1CS2-2CS2-3CS2-4CS2-5CS2-6
0123456
40.0741.1142.1543.1944.2345.2746.31
Lieutenant CS3CS3-0CS3-1CS3-2CS3-3
0123
47.7049.5451.3853.22
CS1-11CS1-12CS1-15CS1-20
11121520
38.0438.9039.6540.40
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Requested By:Source of Funds:N/A
Jason Weeks, Asst. City Mgr.
Department:
Administration/CMO
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Current Agreement 2017-2020, New
Budgeted Item:YesNo
Agreement 2020-2023 redline, and New Agreement 2020-23final
SUMMARY& RECOMMENDATION
The current three-year agreement between the City of La Porte and City of
Pointto provide Emergency 9-1-1 Dispatch,Jail Services, Animal Control, Emergency
Medical
servicesexpires on September 30, 2020.
Staff is requesting City Council consider approval of anewagreement between the City
of and the City of La Porte for City firedispatch, jail, animal control,
EMS, fire suppression and fire prevention (Fire Marshal)services. This agreement
allows La Porte to charge reasonable and customary charges and fees for services
provided. In consideration for theseservices provided by the City of La Porte, the City
of will pay a monthly service fee of $8,434.38. The fee amount is
proportionately based on the total cost for the City of La Porte to maintain and operate
all of these servicesand the population for the three cities that the City of La Porte
10% is added to total amount for contract administration and projected cost increases.
This monthlyamount represents an increase of 8.93% or $691.38 (annual increase of
$8,296.56).The agreement will be in effect for a term of three years (October 1, 2020
through September 30, 2023) with a cancellation clause allowing either party to
withdraw from the contract upon on hundred twenty(120) days written notice to the
other party and allowing for a month-to-monthrenewal termuntil a new agreement is
approved or agreement is cancelled.
The City of City Administrator presented this agreement tohis City
Council on July 14,2020, which was approved. Additionally, City of La Porte staff (City
and La Porte Police
Department) have no issues with continuing to provide these services to the Cityof
; therefore, the recommendation of staff is for City Council to approve
the agreement as submitted.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve the three (3) year agreement for the City of La
Porte to provide Emergency 9-1-1 Dispatch, Jail Services, Animal Control, Emergency
servicesto the City of tfor the period beginning October 1, 2020 attotal
monthly rate of $8,434.38.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Requested By:Source of Funds:N/A
Jason Weeks, Asst. City Mgr.
Department:
Administration/CMO
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Current Agreement 2017-2020, New
Budgeted Item:YesNo
Agreement 2020-2023 redline, and New Agreement 2020-23final
SUMMARY& RECOMMENDATION
The current three-year agreement between the City of La Porte and City of Shoreacres
to provide Emergency 9-1-1 Dispatch and Jail Services expires on September 30, 2020.
Staff is requesting City Council consider approval of anewagreement between the City
of Shoreacres and the City of La Porte for City jail and dispatch services. This
agreement allows La Porte to charge reasonable and customary charges and fees for
services provided. In consideration for the jail and dispatch services provided by the
City of La Porte, the City of Shoreacres will pay a monthly service fee of $5,528.45. The
fee amount is proportionately based on the total cost for the City of La Porte to maintain
and operate a Jail and Emergency Communications Center (9-1-1 Dispatch) and the
population for the three cities that the City of La Porte provides these services to (La
for contract administration and projected cost increases.This monthly amount
represents an increase of 11.45% or $568.06 (annual increase of $6,816.72). The
agreement will be in effect for a term of three years (October 1, 2020through
September 30, 2023) with a cancellation clause allowing either party to withdraw from
the contract upon on hundred twenty(120) days written notice to the other party and
allowing for a month-to-monthrenewal termuntil a new agreement is approved or
agreement is cancelled.
The City of Shoreacres City Administrator presented this agreement to his City Council
on August 10, 2020, which was approved. Additionally, City of La Porte staff (City
provide these services to the City of Shoreacres; therefore, the recommendation of staff
is for City Council to approve the agreement as submitted.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve the three(3) year agreement for the City of La
Porte to provide Emergency 9-1-1 Dispatch and Jail Servicesto the City of Shoreacres
for the period beginning October 1, 2020 at total monthly rate of $5,528.45.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24,2020
Source of Funds:N/A
Requested By:Ray Mayo, Director
Department:Public Works
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Operators Agreement for La Porte Area Water
Budgeted Item:YesNo
Authority, Exhibit A, Exhibit B
SUMMARY& RECOMMENDATION
The La Porte Area Water Authority (LPAWA) owns a transmission main from the City
of Houston Southeast Water Purification Plant that delivers to take points in the cities
they have maintained an agreement with City of La Porte to provide management,
operations, maintenance, clerical, and billing support services. The current agreement
term expires on September 30, 2020.
On July 15, 2020 at the LPAWA Board meeting, the Board approved renewal of the
agreement with no significant changes. The annual fee for the first year is $72,467.00
and adjusted annually thereafter based on the Consumer Price Index. The fee is paid
s agreement term begins on
October 1, 2020 for 3-years with an option to renew for an additional3-years. Staff
Benefits-The City of La Porte has licensed and experienced staff to achieve
the requirementsof the agreement. The LPAWA provides the main source of
drinking water for the City of La Porte. Public Works Water Production division
has direct supervision over all regulatory and maintenance issues.
Liabilities-Utilization of a third party would becumbersome to manage and
operation would be less efficient.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve
Area Water Authority and the City of La Porte for a 3-year period commencing October
1, 2020.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
015-General CIP
Requested By:Ray Mayo, Director
Source of Funds:033-Street Maintenance
Department:Public Works
015-9892-671-1100
ReportResolutionOrdinance
033-7071-531-1100
Account Number:033-9892-684-1100
Exhibits:Bid #20016Bid Notification and Access
015-$223,000
Report,BidTabulation, andIn-fill locations Exhibit
033-$110,000
Amount Budgeted:033-$747,597
015-$223,000
033-$110,000
Amount Requested:033-$520,626
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
Bid #20016 for FY 201920 Citywide In-Fill Sidewalk & Pavement Rehabilitation
Program project was publicly opened and read on Thursday, July 9, 2020. Bid requests
were advertised in the Bay Area Observer, posted on the City of La Porte website site
and Public Purchase. A total of sixty-nine (69) vendors were notified of the bid
opportunity with thirty-one (31) accessing the bid and twenty-three (23) bidders
downloading the bid documents. However, the City had only two (2) contractors return
bids.
Tandem Services, LLC submitted the lowest bid in the amount of $853,626.00 for the
Base Bid and one (1) alternate bid item. This project was bid with the intent to award
documents as allowed by Texas Local Government Code Sec. 252.047. This statute
provides the flexibility to issue work orders based on the established unit prices. This
contract will be for a period of one (1) year.
Recently, Tandem Services has completed the project at Sylvan and Jefferson with
excellent results. Staff recommends award of Bid #20016 to Tandem Services, LLC.
Benefits:
Project provides for the construction of new sidewalks in locations were
sidewalks did not previously exist and creates more connectivity within the
existing sidewalk network.
Project providesfor the maintenance and rehabilitation of existing public
roadway infrastructure.
Liabilities:
Gaps would remain in the sidewalk network.
Deferring pavement rehabilitation would decrease the level of service of the
public roadway.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approveto award Bid #20016 for the Citywide In-Fill
Sidewalk & Pavement Rehabilitation Program project to Tandem Services, LLC and
authorize the City Manager to execute a contract with Tandem Services, LLC in the
amount of $853,626.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
Notifications & Access Report to Sealed Bid #20016 - FY20 Citywide In-Fill Sidewalk & Pavement Rehabilitatio
Notifications:
Vendor NameReason
3J Ryan, Inc.Bid Notification
A1 Construction ServicesBid Notification
AAA Asphalt Paving IncBid Notification
Advanced Facility MaintenanceBid Notification
AHRG, CorporationBid Notification
All Pro General Construction, InBid Notification
American Pavement SolutionsBid Notification
Angel Brothers Enterprises, LtdBid Notification
BATTERY WAREHOUSEBid Notification
Baukus ElectricBid Notification
Bergeron Emergency Services, Bid Notification
Brooks Concrete IncBid Notification
CDC NewsBid Notification
Ceres Environmental Services, Bid Notification
Civil ConceptsBid Notification
CMDBid Notification
Concrete Raising CorporationBid Notification
D & W Contractors Inc.Bid Notification
D DavilaBid Notification
derk harmsen const. co incBid Notification
Dort & O'Connor ContractorsBid Notification
Durwood Greene Construction CBid Notification
El Dorado Services Inc.Bid Notification
ERS, Inc.Bid Notification
Fielder's Choice IncBid Notification
FINAL DESIGNBid Notification
Florida Traffic Control Devices, Bid Notification
Forde Construction Company, IBid Notification
Graham County Land Company Bid Notification
Granite InlinerBid Notification
Greenscapes Six, LLCBid Notification
GW Phillips Construction, INC. Bid Notification
HARRIS CONSTRUCTION CO Bid Notification
Hayden Paving, Inc.Bid Notification
HDR Engineering, Inc.Bid Notification
Houston Concrete RaisingBid Notification
ISC Global Services, Inc.Bid Notification
ISI Contracting, Inc.Bid Notification
J&G Concrete ProductsBid Notification
JDC ServicesBid Notification
JERDON ENTERPRISE, L.P.Bid Notification
Kessler PaintingBid Notification
LEMCOBid Notification
Locus ConstructionBid Notification
MAR-CON SERVICES, LLCBid Notification
MHB Construction, Inc.Bid Notification
Patak Construction, Inc.Bid Notification
Pfeiffer & Son, Ltd.Bid Notification
QC Laboratoires, Inc.Bid Notification
R J Construction Company, IncBid Notification
R.H. Shackelford, Inc.Bid Notification
RAC Industries, LLCBid Notification
Reliance ConstructionBid Notification
Royal Media Network Inc.Bid Notification
Sixth Man ConstructionBid Notification
SJ&J CONSTRUCTION, LLCBid Notification
South Ranger Construction Inc.Bid Notification
Southern Road & BridgeBid Notification
Stone Castle IndustriesBid Notification
T & A Turf and Irrigation, LLC.Bid Notification
T&TBid Notification
Tandem Services, LLCBid Notification
Taylor & Taylor ConstructionBid Notification
Teamwork Construction Service Bid Notification
Texas concrete and remodeling Bid Notification
TFR Enterprises, IncBid Notification
THE DRC GROUPBid Notification
TI-ZACK CONCRETE, INC.Bid Notification
TLC Trucking & Contracting, IncBid Notification
Webber, LLCBid Notification
Access:
Vendor NameDocuments
A1 Construction Services
Alpha Testing, Inc.
Angel Brothers Enterprises, Ltd
aztec remodeling &landscaping
BidClerk
Brooks Concrete Inc
CMD
CMS
Concrete Raising Corporation
ConstructConnect
ConstructConnect
Construction Journal
Dale Dobbins
Dodge Data & AnalyticsSealed Bid #20016 FY20 Citywide In-Fill Sidewalk and Pavement Rehabilitation Program.pdf
El Dorado Services Inc.
Greenscapes 6
Hayden Paving Inc.
Hearn Company
IMS
North America Procurement Council
Onvia
Perkens WS Corporation
RAC Industries, LLC
School Wholesale Supplies LLC
SmartProcure
SO
Tandem Services, LLC
Texas Security For all Services
TI-ZACK CONCRETE, INC.
Tukmol General Contractor
Wayne Enterprises
Zaras Partners, LLC
on Program
Bid Tabulation to Sealed Bid #20016 - FY20 In-Fill Sidewalk & Pavement Rehabilitation Program
Greenscapes Six, LLCTandem Services
Item EST Unit Unit
UnitItem DescriptionTotal PriceTotal Price
No.QTYPricePrice
125000250003200032000
1LSMobilization,includingpaymentbond,performancebond,insurance,andmoving
equipmenttoproject,allinstrictaccordancewiththeplansandspecifications;NOTTO
EXCEED 5% of total project cost,
Traffic Control, complete in place, including all material, labor, equipment, flagmen,
15
2EA
200030000250037500
and appurtenances
RemovalandDisposalofExistingPavement,completeinplace,includingcurb,
5233
3SY
roadway, driveways, sidewalks, and appurtenances
16837281262796
6"ConcretePavement,completeinplace,includingallmaterial,labor,equipment,
5088
4SY
and appurtenances
7035616050254400
48
Lime, for 8-inch stabilized subgrade (7% by dryweight), complete in place
5TON
200960021010080
6"ConcreteCurb(includingextendedcurbheights),completeinplace,includingall
material, labor, equipment, and appurtenances
150
6LF
1522506900
4"x12"MountableCurb,completeinplace,includingallmaterial,labor,equipment,
200
7LF
20400081600
and appurtenances
6"ConcretePavementDriveway,completeinplace,includingallmaterial,labor,
3500
8SF equipment, temporary access, and appurtenances
8280006.522750
4.5"ConcreteSidewalk,completeinplace,includingallmaterial,labor,equipment,
1000
9SF
550005.55500
and appurtenances
ConcreteCurbRamp(Type7),completeinplace,includingallmaterial,labor,
equipment, 5'x5' landing(s), detectable warning pavers, and appurtenances
10
10EA
100010000185018500
ConcreteCurbRamp(Type12),completeinplace,includingallmaterial,labor,
equipment, 5'x5' landing(s), detectable warning pavers, and appurtenances
6
11EA
12007200250015000
SawCut(AllDepths),completeinplace,includingallmaterial,labor,equipment,and
2000
12LF
10200008.517000
appurtenances
1
SiteRestoration,completeinplace,includingallmaterial,labor,equipment,sodding,
seeding, grading, and appurtenances
800
13SY
9720086400
RemovalandDisposalofExistingPavement,completeinplace,includingcurb,
1800
14SY roadway, driveways, sidewalks, and appurtenances
16288001527000
6"ConcreteCurb(includingextendedcurbheights),completeinplace,includingall
100
15LF material, labor, equipment, and appurtenances
1515005.5550
4"x12"MountableCurb,completeinplace,includingallmaterial,labor,equipment,
50
16LF
2010008400
and appurtenances
6"ConcretePavementDriveway,completeinplace,includingallmaterial,labor,
600
17SF equipment, temporary access, and appurtenances
848006.53900
4.5"ConcreteSidewalk,completeinplace,includingallmaterial,labor,equipment,
16000
18SF
5800005.588000
and appurtenances
ConcreteCurbRamp(Type7),completeinplace,includingallmaterial,labor,
20
19EA equipment, 5'x5' landing(s), detectable warning pavers, and appurtenances
100020000185037000
ConcreteCurbRamp(Type12),completeinplace,includingallmaterial,labor,
10
20EA
equipment, 5'x5' landing(s), detectable warning pavers, and appurtenances
120012000250025000
SawCut(AllDepths),completeinplace,includingallmaterial,labor,equipment,and
2500
21LF
appurtenances
10250001025000
SiteRestoration,completeinplace,includingallmaterial,labor,equipment,sodding,
3200
22SY
seeding, grading, and appurtenances
928800825600
Supplemental Items
MailboxRemovalandReinstallation,completeinplace,includingallmaterial,labor,
20
23EA
equipment, and appurtenances
25050002505000
ManholeAdjustments(tograde),completeinplace,includingallmaterial,labor,
20
24EA
equipment, and appurtenances
4008000155031000
ValveBox,WaterMeter,andOtherMinorUtilityInfrastructureAppertenance
25 Adjustments(tograde),completeinplace,includingallmaterial,labor,equipment,
25EA
and appurtenances
751875125031250
2
6"OverexcavationofSubgrade(AsDirectedbyCity),completeinplace,including
2000
26SY
all material, labor, equipment, and appurtenances
16320002.755500
$ 836,913.00 $ 789,626.00
TOTAL BASE BID (ITEMS 1-26)
Alternate Items
Estim
Item ated Unit Unit
UnitItem DescriptionTotal PriceTotal Price
No.QuantPricePrice
ity
6" High Early Strength Concrete Pavement, complete in place, including all
800
27SY
100800008064000
material, labor, equipment, and appurtenances
3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:024-Vehicle Maint.
Requested By:Ray Mayo, Director
Department:Public Works
Account Number:024-7074-534-4021
Amount Budgeted:$90,070
ReportResolutionOrdinance
Amount Requested:$52,231 (estimated)
Exhibits:Sole Source letter from Romco
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
Romco Construction Equipment is a major supplier for equipment parts in Southeast
Texas. Also, Romco is the sole source repair center for Volvo Construction Equipment.
Earlier this year, the Public Works Department experienced a major failure in the
hydraulic system of a Volvo wheeled excavator (Unit 71-24).Historically, the annual
expenditure with this vendor for parts and repairs is below $15,000. However, due to
this extensive repair, the annual expenditure will exceed $50,000. The total annual
expenditure with this vendor is estimated at $ 52,231.00.To exceed $50,000 spending
with one vendor, City Council approval will be required.
Staff recommends authorization to exceed $50,000 in annual expenditure with Romco
Construction Equipment.
Benefits:Timely payment to a major sole source vendor.The City has an excellent
reputation for timely payments.
Liabilities:Delays in paymentthat could impact established working relationship.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approveto exceed $50,000 in annual expenditures with
Romco Construction Equipment for sole-source equipment parts and repairs.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:N/A
Requested By:Rosalyn Epting, Director
Department:Parks & Recreation
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:Previous Agreement Redlineand New
Budgeted Item:YesNo
Agreement Clean Copy
SUMMARY& RECOMMENDATION
recent agreement was approved
by City Council on March 13, 2017. This agreement expired on December 31, 2017
and then had the option for two (2) additional one (1) year renewals, which was
executed. The renewals were exhausted on December 31, 2019. Staff reached out to
LPBBA on November 1, 2019 to begin working on an updated agreement. The
The attached exhibit shows the proposed changes to the previous agreement. The new
agreement is very similar to the one that expired in 2019. The most notable changes
are as follows:
The agreement would expire December 31, 2020. There would be an option for
two (2) additional one (1) year terms.
Due to the increase in numbers for the league, the new agreement would allow
LPBBA to increase their practice usage by one additional night; therefore, Friday
has been added to the existing practice days of Tuesday and Thursdays at
Fairmont Park. We do not allow Fairmont Park baseball field rentals on Fridays,
so this extra day is not cutting into the available rental times for other
organizations.
The percentage paid to the City of La Porte for subcontracted tournaments was
decreased from 50% to 25%. LPBBA has requested this decrease due to the
tournaments not requiring City staff time for field work during the tournaments.
LPBBA has a good handle on their operations and do not need City assistance
when tournaments are running. All light dragging, trash pickup, and cleaning is
maintained by LPBBAwhen tournaments are being held. They do a great job
with these maintenance items and meet our expectations.
Exhibit A has added the two satellite restrooms. Restroom #2 was constructed
after the last agreement was signed.
All other changes are wording ch
changes, or names for the signature page.
LPBBA has reviewed the proposed changes. The relationship between the City and
LPBBA is a strong one. LPBBA continually puts funds back into the park by partnering
with the City on projects like field netting and shade structures for bleachers, to name
a few. The Association has provided fencing around the maintenance storage area for
LPBBA maintenance vehicles (trash hauler, gators, golf cart), and televisions under the
pavilion. Also, they routinely purchase red dirt and volunteer time to help with the fields.
Staff recommends City Council authorize the City Manager to execute a new
31, 2020and containstwo (2) optional one (1) year extensions.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly authorize the City Manager to enter into a new
2020 and contains two (2) optional one (1) year extensions.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS
AND THE LA PORTE BOYS BASEBALL
ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES
WHEREAS, the City of La Porte, Texas (the City) is the owner and operator of various youth
Deleted: BECAUSE
baseball facilities as part of the parks and recreational facilities of the community; and
WHEREAS, the La Porte Boys Baseball Association (the ociation has provided the
Deleted: Because
organization of youth baseball teams, conducted instructional league and tournament play for the
youth of La Porte for many years, and has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at the various youth
baseball facilities owned by the City; and
WHEREAS, the City wishes to recognize and commend the funding that has been provided by
Deleted: Because
the Association contributions to youth recreation and
Deleted: for its
health in the community,
Deleted: its support, and funding that has been provided
by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual
covenants, agreements and benefits to both parties, it is agreed as follows:
I.
In consideration of the Associations past contributions of funding for the construction of facilities
at Pecan Park and the continuing contribution of youth recreation for youth in the La Porte
community, the City will provide limited use of the youth baseball facilities as described in xhibit
Deleted: T
which is attached and herein as if set out herein verbatim, and included as a part of this
Agreement, to the Association for conduct of its league games, practice games, league/team
practices, tournament games, and league playoff games from the first week in February through
the last weekend in December for each year, or part of a year, that this Agreement is in effect.
Use is limited to recreational league play only (non-select, non-competitive) and is available from
Deleted: Monday through Sunday,
7:00am until 11:00pm each day for Pecan Park and 7:00 am to 9:00 pm on Tuesdays, Thursdays,
Deleted: and
st
and Fridays for practice at Fairmont Park from February 1 through the second week of June each
year this Agreement is in effect. There are two exceptions to the league play only provision:
Fall Sunday Select League
One designated weekday, as determined by the Association, for select play
The Association shall have exclusive right and responsibility for scheduling, organizing and
conducting youth baseball league games, practice games, league/team practices, tournament
games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City
reserves the right to close the fields for field maintenance purposes, for inclement weather, or
other reasonable cause. For rainouts, the City will make the decision to close fields. The fields at
Fairmont Park are now designated primarily for practice use. Any scheduled tournament games to
be held at Fairmont Park will require the written permission of the Director of Parks & Recreation or
his/her designee, and such approval shall not be unreasonably withheld. All non-league play
tournaments will and will provide a
tournament schedule that will be turned into the City to be matched with all deposits from said
tournament. Any non- league play tournaments will provide a current certificate of insurance with
the same requirements as outlined for the Association in Section VIII of this Agreement. Regarding
payment for subcontracted tournaments, the Association shall include language in their agreement
with the subcontractor stipulating that 25% of the field rental fees will be sent to the City of La
Deleted: 50
Porte directly from the subcontractor within two (2) weeks of the
completion of the tournament. The Association will schedule no more than four tournaments
annually that utilize the practice fields at Fairmont Park. Tournament games held at Fairmont Park
shall be limited to Saturdays and Sundays. No tournament games at Fairmont Park may be
scheduled to begin before 7:00am, nor after 8:00pm on Saturday; or begin before 9:00am, nor after
6:00pm on Sunday.
II.
The City will assume limited responsibility for maintenance of all structures located on City property
at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking,
light dragging, watering and other field preparation as set out herein, the City will assume
responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major
field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be
responsible for routine marking, raking, light dragging, watering and other field preparation as
necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations
related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. The
Association will continue to purchase red dirt at a minimum of five (5) loads annually, if needed.
The City has also provided an open air pavilion containing restroom, storage, and concession
facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan
Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession
facilities, the Maintenance facility for City use with designated storage area for the Association, the
satellite storage building, and any permanent attachments to said facilities, are the property of the
City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession
booth. It will be available for tournament or practice use by the Association for portable food and
drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility
service to the concession/restroom, and storage structures various components including, electrical,
plumbing, roofing, and other systems that contribute to their safe and efficient operation. The
restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park
and is the property of the City. The City will provide daily weekday custodial services for the restroom
facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking
spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served
basis.
III.
The Association agrees to operate the concession facility exclusively and to provide materials,
equipment, supplies, and personnel necessary for operation. Further, the Association is responsible
for furnishing equipment for the batting cages and concession stands at the youth baseball facilities,
including but not limited to the following: pitching machines, microwaves, refrigerators, ice
machines, freezers and all other electrical appliances. The Association is responsible for maintenance
of all furnished equipment in the concession stand and batting cages and maintenance inside and
around the batting cages. The Association agrees to clean the restroom facilities at its expense, in
addition to the Citys regular cleaning schedule on an as needed basis, during the Associations use of
the facilities particularly including tournament use, to assure that the restrooms are clean and
operable. The Association agrees to clean the concession portion of the facility at its expense. All
revenues produced by batting cages and concession operations shall belong to the Association. The
Association is responsible for meeting all applicable laws, ordinances, and codes regarding the
following: sales tax, safety, and any other issue relative to concession operations, batting cage
operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use,
sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property.
The Association agrees to the following concession operations processes:
A Point of Sale system will be used to maintain all inventory and sales.
A Point of Sale System will be used for all mobile sales.
Any and all workers making $600 or more a year will receive a 1099, unless they are hired
through a staffing company.
Deposits will be made the next business day,
All monies will be kept in the safe until deposited.
City staff will spot check all concessions deposits and/or inventory monthly, at a minimum.
When dealing with umpires, the Association agrees to use a third party vendor/umpire association.
The Association will then file the appropriate 1099 and any other required IRS filings. Payments to
vendor shall reconcile to game schedules.
In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified
herein, the Association may schedule annually up to a maximum of eight (8) additional days for
unday Only use of the Fairmont Park fields for overflow league games if needed. Association must
provide the dates of the days to be used for the overflow league games to the City at least thirty (30)
day prior to commencement of the league. Rainout days will be allowed provided that notice is given
of the rainouts as they occur. The Association agrees to provide all field preparation necessary to
conduct said league games. Further, the Association agrees to remove all litter and trash associated
with the league games and deposit them off-site. The Association agrees to clean and stock
restrooms at its expense for the league games. The City agrees to provide its standard level of
maintenance for the league games, any maintenance over and above those responsibilities identified
herein, will be the responsibility of the Association for the league games.
In addition to the concession workers and umpires receiving 1099 and other required IRS
filings/documents, all workers engaged by the Association for work shall also be subject to 1099
requirements when total income for the year exceeds the IRS limits.
IV.
The Association is granted the right to solicit advertising boards for the outfield fencing at the ten
baseball fields at Pecan Park. Per the architects recommendation, signs placed on the fencing are
limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield
fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above
the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the
view. The City reserves the right to review and approve potential advertisers and sign content prior to
#1,
installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields
#8, #9 and #10. All revenues generated by the advertising boards shall be the property of the
Association.
V.
Batting cages shall not be open for use by the general public by the Association under any
circumstances, unless the City gives its prior written permission, which permission shall not be
unreasonably withheld. In any event, if the Association receives permission to open said batting
cages to the public, such use shall be under the strict supervision of the Association. All provisions
herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of
other baseball facilities by the public will be limited to the following conditions: (a) During the period
not covered by this Agreement, the public shall have the right to use the various youth baseball
facilities for pickup games at any time during park operating hours, except when the City is
conducting maintenance or construction at the various facilities; and (b) During the period covered
by thisAgreement, the public shall have the right to play pickup youth baseball or other field sports
games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours
when no practice game, league game, tournament game, or playoff game is scheduled; or the fields
have not been Specially Prepared for such games (Special Preparation shall include marking,
dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate
use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorneys fees which may be asserted against or incurred by the City arising, directly or indirectly,
from any activities conducted or services performed by the Association under this agreement, or
from any event occurring on the premises owned by the City during any period in which activities are
being performed, conducted, or sponsored on the premises by the Association.
VII.
To the extent allowed by law, the City shall indemnify and hold harmless the Association, its
Deleted: T
officers, directors, agents, and employees from and against any and all claims, damages, losses,
expenses, and liabilities, including attorneys fees which may be asserted against or incurred by
the Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
premises owned by the City during any period in which activities are being performed, conducted,
or sponsored on the premises by the City.
VIII.
The Association shallkeep and maintain during the term of this agreement, a comprehensive general
liability policy, with the City listed as Additional Named Insured, with limits of liability of not less
Deleted: named
than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage
per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30)
days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude
participants in the Associations scheduled or unscheduled activities at the facilities. Other policy
exclusions are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements contained in this
Agreement.
Additionally, the Association shall keep and maintain during the term of this agreement, a valid
Deleted: T
Director and Officer Liability Insurance Policy.
IX.
The Association shall maintain a written policy on criminal background checks. All board members,
Deleted: by March 1, 2017
coaches, employees, and volunteers shall be background checked on an annual basis.
X.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or
any part thereof, to any person, partnership, company, corporation, club or association without prior
written consent of the City of La Porte.
XI.
This instrument contains the entire Agreement between the parties relating to the rights granted in
the Agreement and the obligations assumed as a part of the Agreement. Any representations or
modifications concerning this Agreement shall have no force or effect unless modified in writing, and
signed by each party to the Agreement.
XII.
The Initial Term of this Agreement shall be in force for a period, beginning with the date of its
execution by both parties and extending until December 31, 2020.
Deleted: 17
At the conclusion of the Initial Term, the Agreement shall automatically renew for two (2) one-year
Renewal Terms on January 1 of each successive year. Should either party desire to cause the
Agreement to expire at the end of the Initial Term or Renewal Term, as the case may be, and not
Deleted: terminate
renew for any of the one-year renewals, written notice must be given to the other party prior to
December 1, during the year of the applicable term.
Deleted: 2017
During the Initial Term or during any Renewal Term, either Party may terminate the Agreement
Deleted: The Agreement shall automatically renew for two
(2) one-year
without cause at any time by providing thirty (30) days written notice to the other party.
Deleted: s on January 1 of each successive year
During the term of this agreement, the Association and the City may enter into separate
Deleted: absent
agreements regarding future capital improvement projects or other boys baseball facilities that may
Deleted: providing thirty (30) days written notice, as
be contemplated in the City.
outlined below. During any Term, either Party
XIII.
The Association shall maintain a favorable financial position during the term of this Agreement. The
Association will provide an official annual report on the Associations fiscal condition to the City,
comprised of a combined expense statement/balance sheet as approved by the Citys Controller and
mutually agreed to by the City and the Association along with supporting documentation. The City
reserves the right to review the internal financial control structure of the Association and to perform
other audit steps as necessary to protect its interests. The Annual Report on the Associations Fiscal
Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide
requested financial information within the prescribed time limit will prompt a formal notification
from the City to the Association of that the agreement is in Danger of Default and a request for
satisfaction of the requirement within an additional fifteen (15) days from the date of official
notification. If the requirement for financial statement submission is not met by that time, or
arrangements to submit on an extended schedule are not consented to by the City of La Porte
within that time, the agreement will be considered in Default. During the term of this agreement,
Deleted: made to the Citys satisfaction
all checks written by the Association will be required to have two (2) signatures. Also, the
Deleted: s
Association will furnish the City a logon into the registration system so that deposits can be
matched to the registrations. Should any questions arise, the City will request paper documents that
will be provided to the City within ten (10) business days. The City will spot check Association
accounting at a minimum of once a month. Note that all expenditures of Association funds
will be made in the best interests of children who play or have played in the league, and in
accordance therewith, Association by-laws, shall be amended to so state, as well as the regulations
governing 501c(3) non-profit organizations.
XIV.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect
the remaining portions of this Agreement.
IN TESTIMONY WHEREOF,this instrument has been renewed and executed in duplicate, each to
have the effect of an original as follows:
th
(A) It has been executed on behalf of the City on the _____ day of _________, 2020 by its
Deleted: 13
City Manager and attested by its City Secretary; and
Deleted: March
Deleted: 17
(B) It has been executed on behalf the Association on the _____ day of _______, 2020 by
th
Deleted: 13
its President and attested by its Secretary, authorizing such execution.
Deleted: March
CITY OF LA PORTE, TEXAS
Deleted: 17
___________________________________
Corby D. Alexander, City Manager
ATTEST:
___________________________________
Lee Woodward, City Secretary
Deleted: Patrice Fogarty
LA PORTE BOYS BASEBALL ASSOCIATION
___________________________________
Nick McCanless, President
Deleted: Heath Patterson
ATTEST:
___________________________________
Chrissy Haskins, Association Secretary
APPROVED AS TO FORM:
___________________________________
Clark T. Askins, Assistant City Attorney
EXHIBIT A
The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington
Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows:
PECAN PARK FACILITIES
Field #1 -is the northernmost baseball field at the park, located on the northeast corner of the
park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada
Road, and on the west, by Field #2.
Field #2 - is located immediately west of Field #1, east of Field #3, and to the northeast of the
Maintenance Facility.
Field #3 - is located immediately west of Field #2, north of Field #4, and to the northwest of the
Maintenance Facility.
Field #4 - is located immediately south of Field #3, north of Field #5, and to the southwest of the
Maintenance Facility.
Field #5 -is located immediately south of Field #4, north of Field #6, and directly west of the
Pavilion.
Field #6 - is located immediately south of Field #5, north of Field #7, and to the southwest of the
Pavilion.
Field #7 - is located immediately south of Field #6, directly west of Field #8, in the southwest
corner of the park.
Field #8 - is located immediately east of Field #7, and south of Field #9, and directly west of
Canada Road.
Field #9 - is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and
directly west of Canada Road.
Field #10 - is located directly east of Canada Road, northeast of Field #9, and south of Field #1,
southeast of the Pavilion, and directly west of Canada Road.
/Restrooms - are located northwest of Field #10, southwest of Field #9.
Pavilion/Concession
Storage Area - is located southwest of Field #2, southeast of Field #3, and
Facility Maintenance
northeastof Field #4.
Satellite Restroom #1 - is located behind the Facility Maintenance Storage Area, directly behind Field
#3.
Satellite Restroom #2 - is located between Field #7 and Field #8.
Satellite Storage
Building -
is located diagonally between and north of Fields #7 & #8, and to the
southeast of Field #6.
Batting Cages - are located directly east of Field #8, directly east of Canada Road, on the southeast
corner of the park.
FAIRMONT PARK PRACTICE FACILITIES
Field #1 - is the southernmost baseball field at the park, located on the southwest corner of the
park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle
parking lot off Farrington; on the east by Field #2; and on the north by Field #3.
Field #2 - is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
Field #3 - is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
Field #4 - is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
Building - is located in the center of the cloverleaf formed by Fields #1 -4.
Concession/Restroom
Storage Area - is located east of the Concession/Restroom building, outside the cloverleaf
formed by Fields #1-4.
AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS
AND THE LA PORTE BOY’S BASEBALL
ASSOCIATION REGARDING THEUSE OF DESIGNATED YOUTH BASEBALL FACILITIES
WHEREAS, the City of La Porte, Texas (the “City’) is the owner and operator of various youth
baseball facilities as part of the parks and recreational facilities of the community; and
WHEREAS, the La Porte Boy’s BaseballAssociation (the “Association”) has providedthe
organization of youth baseball teams, conducted instructional league and tournament play for the
youth of La Porte for many years, and has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at the various youth
baseball facilities owned by the City; and
WHEREAS, the City wishes to recognize and commend the funding that has been provided by
the Association, as well as the Association’s past and ongoing contributions to youth recreation and
health in the community,
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual
covenants, agreements and benefits to both parties, it is agreed as follows:
I.
In consideration of the Association’s past contributions of funding for the construction of facilities
at Pecan Park and the continuing contribution of youth recreation for youth in the La Porte
community, the City will provide limited use of the youth baseball facilities as described in “Exhibit
A” which is attached and herein as if set out herein verbatim, and included as a part of this
Agreement, to the Association for conduct of its league games, practice games, league/team
practices, tournament games, and league playoff games from the first week in February through
the last weekend in December for each year, or part of a year, that this Agreement is in effect.
d is available from
Use is limited to recreational league play only (non-select, non-competitive) an
7:00am until 11:00pm each day for Pecan Park and 7:00 am to 9:00 pm on Tuesdays, Thursdays,
st
and Fridaysfor practice at Fairmont Park from February 1 through the second week of June each
year this Agreement is in effect. There are two exceptions to the “league play only” provision:
Fall Sunday Select League
One designated weekday, as determined by the Association, for select play
The Association shall have exclusive right and responsibility for scheduling, organizing and
conducting youth baseball league games, practice games, league/team practices, tournament
games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City
reserves the right to close the fields for field maintenance purposes, for inclement weather, or
other reasonable cause. For rainouts, the City will make the decision to close fields. The fields at
Fairmont Park are now designated primarily for practice use. Any scheduled tournament games to
be held at Fairmont Park will require the written permission of the Director of Parks & Recreation or
his/her designee, and such approval shall not be unreasonably withheld. All non-league play
tournaments will not interfere/conflict with the Association’s Spring or Fall league play and will provide a
tournament schedule that will be turned into the City to be matched with all deposits from said
tournament. Any non- league play tournaments will provide a current certificate of insurance with
the same requirements as outlined for the Association in Section VIII of this Agreement. Regarding
payment for subcontracted tournaments, the Association shall include language in their agreement
with the subcontractor stipulating that 25% of the field rental fees will be sent to the City of La
Porte directly from the subcontractor via subcontractor’s check within two (2) weeks of the
completion of the tournament. The Association will schedule no more than four tournaments
annually that utilize the practice fields at Fairmont Park. Tournament games held at Fairmont Park
shall be limited to Saturdays and Sundays. No tournament games at Fairmont Park may be
scheduled to begin before 7:00am, nor after 8:00pm on Saturday; or begin before 9:00am, nor after
6:00pm on Sunday.
II.
The City will assume limited responsibility for maintenance of all structures located on City property
at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking,
light dragging, watering and other field preparation as set out herein, the City will assume
responsibility for maintenance and repair of fencing, parking lots, sidewalks, turfareas, and major
field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be
responsible for routine marking, raking, light dragging, watering and other field preparation as
necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations
related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. The
Association will continue to purchasered dirt at a minimum of five (5) loads annually, if needed.
The City has also provided an open air pavilion containing restroom, storage, and concession
facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan
Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession
facilities, the Maintenance facility for City use with designated storage area for the Association, the
satellite storage building, and any permanent attachments to said facilities, are the property of the
City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession
booth. It will be available for tournament or practice use by the Association for portable food and
drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility
service to the concession/restroom, and storage structure’s various components including, electrical,
plumbing, roofing, and other systems that contribute to their safe and efficient operation. The
restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park
and is the property of the City. The City will provide daily weekday custodial services for the restroom
facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking
spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served
basis.
III.
The Association agrees to operate the concession facility exclusively and to provide materials,
equipment, supplies, and personnel necessary for operation. Further, the Association is responsible
for furnishing equipment for the batting cages and concession stands at the youth baseball facilities,
including but not limited to the following: pitching machines, microwaves, refrigerators, ice
machines, freezers and all other electrical appliances. The Association is responsible for maintenance
of all furnished equipment in the concession stand and batting cages and maintenance inside and
around the batting cages. The Association agrees to clean the restroom facilities at its expense, in
addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use of
the facilities particularly including tournament use, to assure that the restrooms are clean and
operable. The Association agrees to clean the concession portion of the facility at its expense. All
revenues produced by batting cages and concession operations shall belong to the Association. The
Association is responsible for meeting all applicable laws, ordinances, and codes regarding the
following: sales tax, safety, and any other issue relative to concession operations, batting cage
operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use,
sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property.
The Association agrees to the following concession operations processes:
• A Point of Sale system will be used to maintain all inventory and sales.
• A Point of Sale System will be used for all mobile sales.
• Any and all workers making $600 or more a year will receive a 1099, unless they are hired
through a staffing company.
• Deposits will be made the next business day,
• All monies will be kept in the safe until deposited.
• City staff will spot check all concessions deposits and/or inventory monthly, at aminimum.
When dealing with umpires, the Association agrees to use a third party vendor/umpire association.
The Association willthen file the appropriate 1099 and any other required IRS filings. Payments to
vendor shall reconcile to game schedules.
In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified
herein, the Association may schedule annually up to a maximum of eight (8) additional days for
“Sunday Only” use of the Fairmont Park fields for overflow league games if needed. Association must
provide the dates of the days to be used for the overflow league games to the City at least thirty (30)
owed provided that notice isgiven
day prior to commencement of the league. Rainout days will be all
of the rainouts as they occur. The Association agrees to provide all field preparation necessary to
conduct said league games. Further, the Association agrees to remove all litter and trash associated
with the league games and deposit them off-site. The Association agrees to clean and stock
restrooms at its expense for the league games. The City agrees to provide its standard level of
maintenance for the league games, any maintenance over and above those responsibilities identified
herein, will be the responsibility of the Association for the league games.
In addition to the concession workers and umpires receiving 1099 and other required IRS
filings/documents, all workers engaged by the Association for work shall also be subject to 1099
requirements when total income for the year exceeds the IRS limits.
IV.
The Association isgranted the right to solicit advertising boards for the outfield fencing at the ten
baseball fields at Pecan Park. Per the architect’s recommendation, signs placed on the fencing are
limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield
fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above
the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the
view. The City reserves the right to review and approve potential advertisers and sign content prior to
#1,
installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields
#8, #9 and #10. All revenues generated by the advertising boards shall be the property of the
Association.
V.
Batting cages shall not be open for use by the general public by the Association under any
circumstances, unless the City gives its prior written permission, which permission shall not be
unreasonably withheld. In any event, if the Association receives permission to open said batting
cages to the public, such use shall be under the strict supervision of the Association. All provisions
herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of
other baseball facilities by the public will be limited to the following conditions: (a) During the period
not covered by this Agreement, the public shall have the right to use the various youth baseball
facilities for pickup games at any time during park operating hours, except when the City is
conducting maintenance or construction at the various facilities; and (b) During the period covered
by this Agreement, the public shall have the right to play pickup youth baseball or other field sports
games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours
when no practice game, league game, tournament game, or playoff game is schedu
led; or the fields
have not been Specially Prepared for such games (Special Preparation shall include marking,
dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate
use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorney’s fees which may be asserted against or incurred by the City arising, directly or indirectly,
from any activities conducted or services performed by the Association under this agreement, or
from any event occurring on the premises owned by the City during any period in which activities are
being performed, conducted, or sponsored on the premises by the Association.
VII.
To the extent allowed by law, the City shall indemnify and hold harmless the Association, its
officers, directors, agents, and employees from and against any and all claims, damages, losses,
expenses, and liabilities, including attorney’s fees which may be asserted against or incurred by
the Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
being performed, conducted,
premises owned by the City during any period in which activities are
or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term of this agreement, a comprehensive general
liability policy, with the City listed as Additional Named Insured, with limits of liability of not less
than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage
per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30)
days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude
participants in the Association’s scheduled or unscheduled activities at the facilities. Other policy
exclusions are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements contained in this
Agreement.
Additionally, the Association shall keep and maintain during the term of this agreement, a valid
Director and Officer Liability Insurance Policy.
IX.
The Association shall maintain a written policy on criminal background checks. All board members,
coaches, employees, and volunteers shall be background checked on an annual basis.
X.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or
any part thereof, to any person, partnership, company, corporation, club or association without prior
written consent of the City of La Porte.
XI.
This instrument contains the entire Agreement between the parties relating to the rights granted in
the Agreement and the obligations assumed as a part of the Agreement. Any representations or
modifications concerning thisAgreement shall have no force or effect unless modified in writing, and
signed by each party to the Agreement.
XII.
The Initial Term of this Agreement shall be in force for a period, beginning with the date of its
execution by both parties and extending until December 31, 2020.
At the conclusion of the Initial Term, the Agreement shall automatically renew for two (2) one-year
Renewal Terms on January 1 of each successive year. Should either party desire to cause the
Agreement to expire at the end of the Initial Term or Renewal Term, as the case may be, and not
renew for any of the one-year renewals, written notice must be given to the other party prior to
December 1, during the year of the applicable term.
During the Initial Term or during any Renewal Term, either Party may terminate the Agreement
without cause at any time by providing thirty (30) days written notice to the other party.
During the term of this agreement, the Association and the City may enter into separate
agreements regarding future capital improvement projects or other boy’s baseball facilities that may
be contemplated in the City.
XIII.
The Association shall maintain a favorable financial position during the term of this Agreement. The
Association will provide an official annual report on the Association’s fiscal condition to the City,
comprised of a combined expense statement/balance sheet as approved by the City’s Controller and
mutually agreed to by the City and the Association along with supporting documentation. The City
reserves the right to review the internal financial control structure of the Association and to perform
other audit steps as necessary to protect its interests. The Annual Report on the Association’s Fiscal
Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide
requested financial information within the prescribed time limit will prompt a formal notification
from the City to the Association of that the agreement is in Danger of Default and a request for
satisfaction of the requirement within an additional fifteen (15) days from the date of official
notification. If the requirement for financial statement submission is not met by that time, or
arrangements to submit on an extended schedule are not consented to by the City of La Porte
within that time, the agreement will be considered in Default. During the term of this agreement,
all checks written by the Association will be required to have two (2) signatures. Also, the
Association will furnish the City a logon into the registration system so that deposits can be
matched to the registrations. Should any questions arise, the City will request paper documents that
will be provided to the City within ten (10) business days. The City will spot check Association
accounting at a minimum of once a month. Note that all expenditures of Association funds
will be made in the best interests of children who play or have played in the league, and in
accordance therewith, Association by-laws, shall be amended to so state, as well as the regulations
governing 501c(3) non-profit organizations.
XIV.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect
the remaining portions of this Agreement.
IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to
have the effect of an original as follows:
(A) It has been executed on behalf of the City on the _____ day of _________, 2020 by its
City Manager and attested by its City Secretary; and
(B) It has been executed on behalf the Association on the _____ day of _______, 2020 by
its President and attested by its Secretary, authorizing such execution.
CITY OF LA PORTE, TEXAS
___________________________________
Corby D. Alexander, City Manager
ATTEST:
___________________________________
Lee Woodward, City Secretary
LA PORTE BOY’S BASEBALL ASSOCIATION
___________________________________
Nick McCanless, President
ATTEST:
___________________________________
Chrissy Haskins, Association Secretary
APPROVED AS TO FORM:
___________________________________
Clark T. Askins, Assistant City Attorney
EXHIBIT “A”
The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington
Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows:
PECAN PARK FACILITIES
Field #1 -is the northernmost baseball field at the park, located on the northeast corner of the
park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada
Road, and on the west, by Field #2.
Field #2 - is located immediately west of Field #1, east of Field #3, and to the northeast of the
Maintenance Facility.
Field #3 - is located immediately west of Field #2, north of Field #4, and to the northwest of the
Maintenance Facility.
Field #4 - is located immediately south of Field #3, north of Field #5, and to the southwest of the
Maintenance Facility.
Field #5 -is located immediately south of Field #4, north of Field #6, and directly west of the
Pavilion.
Field #6 - is located immediately south of Field #5, north of Field #7, and to the southwest of the
Pavilion.
Field #7 - is located immediately south of Field #6, directly west of Field #8, in the southwest
corner of the park.
Field #8 - is located immediately east of Field #7, and south of Field #9, and directly west of
Canada Road.
Field #9 - is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and
directlywest of Canada Road.
Field #10 - is located directly east of Canada Road, northeast of Field #9, and south of Field #1,
southeast of the Pavilion, and directly west of Canada Road.
/Restrooms - are located northwest of Field #10, southwest of Field #9.
Pavilion/Concession
Storage Area - is located southwest of Field #2, southeast of Field #3, and
Facility Maintenance
northeastof Field #4.
Satellite Restroom #1 - is located behind the Facility Maintenance Storage Area, directly behind Field
#3.
Satellite Restroom #2 - is located between Field #7 and Field #8.
Satellite Storage
Building -
is located diagonally between and north of Fields #7 & #8, and to the
southeast of Field #6.
Batting Cages - are located directly east of Field #8, directly east of Canada Road, on the southeast
corner of the park.
FAIRMONT PARK PRACTICE FACILITIES
Field #1 - is the southernmost baseball field at the park, located on the southwest corner of the
park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle
parking lot off Farrington; on the east by Field #2; and on the north by Field #3.
Field #2 - is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
Field #3 - is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
Field #4 - is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
Building - is located in the center of the cloverleaf formed by Fields #1 -4.
Concession/Restroom
Storage Area - is located east of the Concession/Restroom building,outside the cloverleaf
formed by Fields #1-4.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:N/A
Requested By:Ian Clowes, City Planner
Department:Planning and Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Amended P&Z Rules and Bylaws, P&Z
Budgeted Item:YesNo
Letter of Recommendation
SUMMARY& RECOMMENDATION
At theJuly 16, 2020meeting, the Planning and ZoningCommission held a public
hearing and recommended approval fora number of proposed amendments to the
Bylawsand Rules of Procedure.The proposed
amendments addressmeeting decorumand conflict of interest, andclosely follow the
languageadopted by the City Council as part of their rules and procedures.
City staff recommends that City Council uphold the Planning and Zoning Commission
recommendation of approval of the proposed amendments to the Planning and Zoning
Commission Rules and Bylaws.Attached is the draft version of the proposed
modifications totheBylawsand Rules of Procedure. The italicized textbelow is an
excerpt and the redtextindicatesproposedupdates:
6.12. Citizen Comment. Before each meeting of Commission there shall be made
available, on which any taxpayer or resident, or his/her authorized representative, or
any member of the public, may sign his/her name and address, and indicate the
subject matter on which he wishes to speak. Individuals may address the Commission
by oral communication by completing all requested information on the Citizen
Comment form and placing it at the desk on the dais, not later than five (5) minutes
before commencement of the meeting. Each person addressing the Commission shall
step up to the podium, shall give his/her name and address for the record, and, unless
further time is granted by the Council, shall limit his/her address to five (5) minutes. All
remarks shall be addressed to the Commission as a body and not to any member
thereof. No person, other than the Commission and the person having the floor shall
be permitted to enter into any discussion, either directly or through a member of the
Commission, without the permission of the Presiding Officer. No question shall be
asked to a Commission member except through the Presiding Officer. Any such
question shall be referred by the Commission to the Director of Planning and
Development, for further handling.
Persons wishing to address the Commission on more than one agenda item or topic
in a single meeting must speak on all such agenda items or topics during their
presentation. Additional time is not given for additional items (however, emailing,
writing, calling, or visiting with Commission members outside of meetings is, of course,
unlimited). This requirement does not restrict anyone from also speaking at any public
hearing (see additional information below). Subject to the foregoing, the Commission
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 6.13. Public Hearings. Public Hearings shall be scheduled and due notice
provided in accordance withtheprovisionsofChapter106(Zoning)oftheCityofLa
PorteCodeofOrdinancesandChapter211of the Texas Local Government Code.
Public Hearings are open forums conducted during meetings of the Commission that
allow the public an opportunity to express their opinion on specific issues or matters
before the Commission. Public Hearings are generally conducted in the following
manner:
ğΜ The Chairman formally opens the PublicHearing.
ĬΜ Staff presents the item ofbusiness.
ĭΜ If there is an applicant for the item of business, then he/she is invited to
speak.
ķΜ Proponents (those in favor) are invited to speak first. Such comments are
limited to five (5) minutes per person.
ĻΜ Opponents (those in opposition) are invited to speak second. Such comments
are limited tofive(5) minutes per person.
ŅΜ The applicant is allowed an opportunity for rebuttal and to summarize their
position.
ŭΜ The Chairman formally closes the PublicHearing.
ŷΜ Commission members may ask questions of any witness at any time, but may
not take a substantive vote during the Public Hearing. After the Public Hearing
is closed, members of the public may speak only to answer a question of a
Commissionmember.
There is not a form or sign up requirement for public hearings. Each person addressing
the Commission shall step up to the podium and shall give his or her name and
address for the record. All remarks shall be addressed to the Commission as a body
and not to any member thereof. No person, other than the Commission and the person
having the floor shall be permitted to enter into any discussion, either directly or
through a member of the Commission, without the permission of the Presiding Officer.
No questionshall be asked to a Commission member except through the Presiding
Officer.
6.14. Decorum.
(A) By Commission Members. While the Commission 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 Commission nor
disturb any member while speaking or refuse to obey the orders of the Commission 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 Commission shall be forthwith, by
the Presiding Officer, subject to loss of speaking privileges unless permission to
continue be granted by a majority vote of the Commission.
Disruptive or abusive behavior towards members of the Commission as well as verbal
and/or non-verbal reactions from the audience during staff presentations to the
Commission and during debate between Commission members are inappropriate and
are not permitted. The presiding officer will ensure that the decorum of the meeting is
maintained and is appropriate.
No offensive, vulgar, or distracting placards, banners, signs, or apparel shall be
permitted to be erected or displayed by persons in attendance in the City Council
chamber or in any other room in which the Commission is holding a meeting. Exhibits,
displays, and visual aids used in connection with presentations to the Commission are
permitted.
6.15. 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
Commission 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
Commission meeting. Upon instructions of the Presiding Officer unless otherwise
directed by a majority vote of the Commission, it shall be the duty of the designated
Sergeant(s)-at-Arms to remove any person who violates the order and decorum of the
meeting.
ARTICLE 7: CONFLICT OF INTEREST
Section7.1.DeclarationofConflict.Commissionmembersshalldeclareaconflictof
interestwhenhe/shethe member or a person related to the member in the first degree
of consanguinity (blood) or affinity (marriage) hasainabusiness
entityorinrealproperty.Aisdefinedasasole proprietorship,
partnership,firm,corporation,holdingcompany,jointstockcompany,receivership,
trust, or any other entity recognized by law. A substantial interest in a business entity
is established for a Commission member if any one (1) of the following scenarios
occur, in accordance with Chapter 171 of the Texas Local GovernmentCode:
ğΜ Own ten percent (10%) or more of the voting stock or shares of the business
entity.
ĬΜ Own ten percent (10%) or more of the fair market value of the businessentity.
ĭΜ Own $15,000 or more of the fair market value of the businessentity.
ķΜ Received funds from the business entity that exceed ten percent (10%) of
year.
AsubstantialinterestinrealpropertyisestablishedforaCommissionmemberif
he/shethe memberhas anequitable or legal ownership in real property with a fair
market value of at least $2,500 ormore.
Commission members shall also declare a conflict of interest when the member or a
person related to the member in the first degree of consanguinity (blood) or affinity
(marriage)
defined as a tract of land, as a whole, that is sub-divided, but does not include an
individual lot in a subdivided tract of land. As substantial interest in a subdivided tract
is established for a Commission member if any one (1) of the following scenariosoccur,
in accordance with Section 212.017 of the Texas Local Government Code:
ğΜ Have an equitable or legal ownership interest in the tract with a fair market
value of $2,500 or more.
ĬΜ Act as a developer of the tract
ĭΜ Own 10 percent or more of the voting stock or shares of OR own either 10
percent or more OR $5,000 or more of the fair market value of a business entity
that:
i) Has an equitable interest or legal ownership interest in the tract with a fair
market value of $2500 or more, OR
ii) Acts as a developer of the tract;
ķΜ Received in a calendar year funds from the business entity (as the term
more of yearly income for the previous year.
AlternativelyFinally,
or Section 212.017 of the Texas Local
Government Code, a Commission member may declare a conflict to avoid an
appearance of impropriety.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and approve or d
to adopt the proposed amendments to the Planning and Zoning Commission Rules and
Bylaws.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RULES, REGULATIONS AND BYLAWS
OF THE CITY OF LA PORTE, TEXAS,
PLANNING AND ZONING COMMISSION
ARTICLE 1: AUTHORITY
The Rules, Regulations and Bylaws established hereby are adopted by the City of La Porte, Texas
Ordinances. In addition, these Rules, Regulations and Bylaws were approved by the City Council on August
Ordinances.
ARTICLE 2: PURPOSE
The Commission is established to exercise the powers and duties of a zoning commission as permitted by
law, including Chapter 211 of the Texas Local Government Code. The general purpose of the Commission
shall be to guide and promote the efficient, coordinated development of the City in a manner which will
best promote the health, safety, and general welfare of its people; preserve and protect the City and its
Plan.
ARTICLE 3: POWERS AND DUTIES
Section 3.1. Powers and duties assigned by ordinance. The general powers and duties of the Commission
Ordinances.
Section 3.2. Other powers and duties. The following are other duties of the Commission not expressly
a) hearings.
b)Consider and provide recommendations to the City Council on provisions of Chapter 106
ode of Ordinances.
c) Plan.
d)Prepare special studies and plans, as requested by the City Council and for which appropriations
of funds have been approved by the City Council.
e)Attend training sessions, conferences, or meetings as necessary to properly fulfill the duties of a
commissioner, and for which appropriations of funds have been approved by the City Council.
f)Perform other duties and responsibilities as may be requested by the City Council.
1
g)Conduct site visits as deemed necessary to evaluate an application and supporting material. Such
site visits shall be conducted individually unless otherwise scheduled by the Commission, obeying
all requirements of the Open Meetings Act.
Section 3.3. Subcommittees. When deemed necessary by a majority of the Commission membership,
subcommittees may be formed for specific projects related to Commission duties, tasks, and business.
Subcommittee members shall be comprised only of Commission members.
ARTICLE 4: MEMBERSHIP
Section 4.1. Membership requirements. The Commission shall consist of nine (9) members, to be
appointed as follows: a member from each of the six council districts, a member for each o
large positions A and B), and a member for the mayoral seat, who shall be the chairman.
All members are required to be resident citizens and qualified voters of the city. Each district member
who is appointed shall be a resident of the district for which he or she is appointed at the time of
appointment and continuously throughout his/her tenure in office.
Section 4.2. Terms. The term of the six members from the six council districts shall coincide with the term
of
office of the chairman shall coincide with the term of the Mayor.
The term of each member shall terminate on August 30 of the year in which the term expires, or when
his/her successor has been appointed and qualified.
Section 4.3. Vacancies. Vacancies shall be filled for the unexpired term of any member whose position
becomes vacant for any cause in the same manner as the original appointment was made.
Section 4.4. Compensation. Commission members shall receive such compensation as the City Council
may deem appropriate. Such compensation shall be due to each member by September 30 of the calendar
year.
ARTICLE 5: OFFICERS
Section 5.1. Officers. The officers of the Commission include the following: Chairman, Vice Chairman, and
Secretary. The Chairman shall be the Commission member appointed by the Mayor. The Commission shall
elect a Vice Chairman and Secretary from its membership.
Section 5.2. Duties of the Chairman. The Chairman shall preside at all meetings, appoint committees, and
perform such duties as may be delegated by the Commission or City Council. The Chairman shall have the
right to appoint new committee members at any time to fill a vacancy.
2
Section 5.3. Duties of the Vice Chairman. The Vice Chairman shall act in the capacity of the Chairman in
his/her absence.
Section 5.4. Duties of the Secretary. The Secretary shall serve as the liaison between the Commission and
the designated City staff member who is responsible for the execution of documents in the name of the
Commission, performing the duties hereinafter listed below, and performing such other duties as the
Commission may determine.
a)Minutes. City staff shall be responsible for a permanent record of the minutes of each meeting
and shall have them recorded in suitable permanent records.
b)Correspondence. City staff shall be responsible for the issuance of formal written correspondence
communications, petitions, reports, or other written materials received by City staff shall be
brought to the attention of the Commission.
c)Attendance. City staff shall be responsible for maintaining an attendance record for each
Commission member. The Secretary shall present those records to the Commission as a whole at
the first meeting of the Commission in each calendar year.
Section 5.5. Duties of City Staff. City staff shall be responsible for providing necessary support to the
Commission, including presentation of all development applications and any update on actions by the City
Council that relate to the functions of the Commission. Additionally, City staff shall report the actions of
the Commission to the City Council. For this purpose, City staff shall include employees of the City of La
Department.
Section 5.6. Elections. The Commission shall elect from its membership a Vice Chairman and Secretary.
a)The Commission shall, at the first meeting following August 30 of each calendar year, select by
majority vote of the membership present a Vice Chairman and Secretary.
b)Commission members shall nominate a candidate or candidates for the position.
c)In only one candidate is nominated, then that candidate, if approved by majority vote of the
membership present, is declared elected to the position. If there is more than one candidate
nominated for each position, the Commission members shall vote on the candidates so
nominated. The candidate receiving a majority vote of the membership present shall be declared
elected.
d)Newly elected officers will assume their office immediately after the election.
Section 5.7. Officer Terms. All officers shall serve a term of one (1) year, or until their successors are
selected and assume office. In the event that a vacant officer position is filled, said officer shall complete
the remainder of
Section 5.8. Officer Vacancies. Any officer vacancy shall be filled at the next meeting of the Commission
following said vacancy by regular election procedure outlined in Section 5.6, above.
3
ARTICLE 6: MEETINGS
Section 6.1. Regular Meetings. Regular meetings of the Commission shall be held on the third Thursday
of each month at 6:00 p.m. in the City Council Chambers at La Porte City Hall (604 W. Fairmont Parkway,
La Porte, Texas, 77571). The dates and times of Commission meetings shall be determined by December
31 of each calendar year and shall be noticed in accordance with the Texas Open Meetings Act. When a
regular meeting falls on or near a legal holiday, the Commission shall select a suitable alternate date within
the same month. The Commission may cancel a meeting if there is no business to be conducted.
Section 6.2. Meeting Notices. All meeting notices shall be posted at City Hall through the posting of the
agenda in accordance with the Texas Open Meetings Act and shall be posted in a public place at City Hall
in a location readily accessible to the general public and on the website at least 72 hours before the
meeting date.
Section 6.3. Special Called Meetings. There may be instances where a special called meeting of the
Commission may be necessary to conduct business. A special called meeting may be called by the
Chairman or two members of the Commission upon written request. Written notice of the special called
meeting shall be sent to Commission members not less than 72 hours in advance of the meeting. Notice
of the special called meeting shall be posted in accordance with Section 6.2, above.
Section 6.4. Cancellation of Meetings. A meeting of the Commission may be cancelled if there are no
items of business. If a meeting is cancelled, notice of the cancellation shall be posted in a public place at
City Hall in a location readily accessible to the general public and on the
Section 6.5. Open Meetings. All Commission meetings and deliberations shall be open to the public and
shall be properly noticed in accordance with the Texas Open Meetings Act and Section 6.2, above. The
Commission may conduct closed sessions but only as specifically allowed under the Texas Open Meetings
Act for meetings in executive session.
Section 6.6. Public Records. All meeting recordings, minutes, records, documents, correspondence, and
other information of the Commission shall be open to public inspection and copying in accordance with
the Texas Public Information Act. Requests for records shall be made through the Office of the City
Secretary.
Section 6.7. Minutes. Minutes of each meeting of the Commission shall be prepared by City Staff. The
minutes shall contain a brief synopsis of the meeting, complete statement of the conditions or
recommendations made on any action, and a recording of attendance. The Commission shall be required
to approve all minutes. The Chairman and Secretary are required to sign all minutes once approved by the
Commission. The official signed minutes shall be recorded with the La Porte City Secretary.
Section 6.8. Quorum. In order for the Commission to conduct business or take any official action, a
quorum consisting of at least five (5) members of the Commission shall be present. When a quorum is not
present, no official action may be made.
4
Section 6.9. Rules of Order. Meetings should be conducted under standard parliamentary rules as outlined
Bylaws.
Section 6.10. Voting. Except as elsewhere provided in these Rules, Regulations and Bylaws, an affirmative
vote of the majority of the Commission members present and voting shall be required for the approval of
any action item related to an item of business or motion placed before the Commission. Voting shall
generally be by voice vote, however the Chairman or any Commission member may call for a roll call vote.
Each Commission members member shall vote (unless abstaining) on every motion placed on the floor
unless there is a conflict of interest as defined in Section 171 of the Texas Local Government Code.
Commission members must vote in or in the motion on the floor, or
alternatively
in the determination of a motion, but it shall be recorded in the minutes as an abstaining vote.
Section 6.11. Agenda. An agenda outlining all items of business to be considered by the Commission at a
meeting shall be prepared by City staff and shall be distributed electronically to all members of the
Commission the Friday before the scheduled meeting. The agenda for all regular meetings shall generally
include the following: call to order, roll call of members, approval of minutes, items of business, reports
from City staff or Commission members, and adjournment. The agenda shall be posted in accordance with
the provisions of Section 6.2, above. Additionally, copies of the agenda shall be made available to the
public at the meeting.
6.12. Citizen Comment. Before each meeting of Commission there shall be made available, on which any
taxpayer or resident, or his/her authorized representative, or any member of the public, may sign his/her
name and address, and indicate the subject matter on which he wishes to speak. Individuals may address
the Commission by oral communication by completing all requested information on the Citizen Comment
form and placing it at the desk on the dais, not later than five (5) minutes before commencement of the
meeting. Each person addressing the Commission shall step up to the podium, shall give his/her name and
address for the record, and, unless further time is granted by the Council, shall limit his/her address to
five (5) minutes. All remarks shall be addressed to the Commission as a body and not to any member
thereof. No person, other than the Commission and the person having the floor shall be permitted to
enter into any discussion, either directly or through a member of the Commission, without the permission
of the Presiding Officer. No question shall be asked to a Commission member except through the Presiding
Officer. Any such question shall be referred by the Commission to the Director of Planning and
Development, for further handling.
Persons wishing to address the Commission on more than one agenda item or topic in a single meeting
must speak on all such agenda items or topics during their presentation. Additional time is not given for
additional items (however, emailing, writing, calling, or visiting with Commission members outside of
meetings is, of course, unlimited). This requirement does not restrict anyone from also speaking at any
public hearing (see additional information below). Subject to the foregoing, the Commission 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.
5
Section 6.13. Public Hearings. Public Hearings shall be scheduled and due notice provided in accordance
with the provisions of Chapter 106 (Zoning) of the City of La Porte Code of Ordinances and Chapter 211 of
the Texas Local Government Code. Public Hearings are open forums conducted during meetings of the
Commission that allow the public an opportunity to express their opinion on specific issues or matters
before the Commission. Public Hearings are generally conducted in the following manner:
a)The Chairman formally opens the Public Hearing.
b)Staff presents the item of business.
c)If there is an applicant for the item of business, then he/she is invited to speak.
d)Proponents (those in favor) are invited to speak first. Such comments are limited to five (5)
minutes per person.
e)Opponents (those in opposition) are invited to speak second. Such comments are limited to five
(5) minutes per person.
f)The applicant is allowed an opportunity for rebuttal and to summarize their position.
g)The Chairman formally closes the Public Hearing.
h)Commission members may ask questions of any witness at any time, but may not take a
substantive vote during the Public Hearing. After the Public Hearing is closed, members of the
public may speak only to answer a question of a Commission member.
There is not a form or sign up requirement for public hearings. Each person addressing the Commission
shall step up to the podium and shall give his or her name and address for the record. All remarks shall be
addressed to the Commission as a body and not to any member thereof. No person, other than the
Commission and the person having the floor shall be permitted to enter into any discussion, either directly
or through a member of the Commission, without the permission of the Presiding Officer. No question shall
be asked to a Commission member except through the Presiding Officer.
6.14. Decorum.
(A) By Commission Members. While the Commission 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 Commission nor disturb any member while speaking or refuse to obey the orders of the
Commission 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 Commission shall be forthwith, by the Presiding Officer, subject to loss of
speaking privileges unless permission to continue be granted by a majority vote of the Commission.
Disruptive or abusive behavior towards members of the Commission as well as verbal and/or non-verbal
reactions from the audience during staff presentations to the Commission and during debate between
Commission members are inappropriate and are not permitted. The presiding officer will ensure that the
decorum of the meeting is maintained and is appropriate.
6
No offensive, vulgar, or distracting placards, banners, signs, or apparel shall be permitted to be erected or
displayed by persons in attendance in the City Council chamber or in any other room in which the
Commission is holding a meeting. Exhibits, displays, and visual aids used in connection with presentations
to the Commission are permitted.
6.15. 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 Commission 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 Commission meeting. Upon instructions of the Presiding Officer unless otherwise directed by a majority
vote of the Commission, it shall be the duty of the designated Sergeant(s)-at-Arms to remove any person
who violates the order and decorum of the meeting.
Section 6.16 Communication. Commission members shall be allowed to discuss items scheduled for a
public hearing with other persons, including proponents, opponents, witnesses and city staff, outside of
the public hearing, subject to the requirements of the Texas Open Meeting Law. However, Commission
members shall not announce or discuss a decision on those items outside of the public hearing.
Section 6.17 Notice of Decision. A written notice containing the decision of the Commission on items of
business shall be forwarded to the City Council for all items that require City Council consideration. For
those items where Council consideration is not required, written notice containing the decision of the
Commission shall be forwarded to the originators of the request. City Staff shall provide the City Council
with a summary report on the action taken by the Commission following each meeting.
Section 6.15
ARTICLE 7: CONFLICT OF INTEREST
Section 7.1. Declaration of Conflict. Commission members shall declare a conflict of interest when he/she
the member or a person related to the member in the first degree of consanguinity (blood) or affinity
(marriage) has a in a business entity or in real property. A is defined
as a sole proprietorship, partnership, firm, corporation, holding company, company,
receivership, trust, or any other entity recognized by law. A substantial interest in a business entity is
established for a Commission member if any one (1) of the following scenarios occur, in accordance with
Chapter 171 of the Texas Local Government Code:
a)Own ten percent (10%) or more of the voting stock or shares of the business entity.
b)Own ten percent (10%) or more of the fair market value of the business entity.
c)Own $15,000 or more of the fair market value of the business entity.
d)Received funds from the business entity that exceed ten percent (10%) of the Commission
year.
A substantial interest in real property is established for a Commission member if he/she the member has
7
an equitable or legal ownership in real property with a fair market value of at least $2,500 or more.
Commission members shall also declare a conflict of interest when the member or a person related to the
member in the first degree of consanguinity (blood) or affinity (marriage)
defined as a tract of land, as a whole, that is sub-divided, but does
not include an individual lot in a subdivided tract of land. As substantial interest in a subdivided tract is
established for a Commission member if any one (1) of the following scenarios occur, in accordance with
Section 212.017 of the Texas Local Government Code:
a)Have an equitable or legal ownership interest in the tract with a fair market value of $2,500 or
more.
b)Act as a developer of the tract
c)Own 10 percent or more of the voting stock or shares of OR own either 10 percent or more OR
$5,000 or more of the fair market value of a business entity that:
i) Has an equitable interest or legal ownership interest in the tract with a fair market
value of $2500 or more, OR
ii) Acts as a developer of the tract;
d)R
described immediately above) that exceed 10 percent or more of yearly income for the previous
year.
Alternatively Finally,
Chapter 171 or Section 212.017 of the Texas Local Government Code, a Commission member may declare
a conflict to avoid an appearance of impropriety.
Section 7.2. Requirements. When declaring a conflict, Commission members shall do all of the following:
a)Submit to staff the affidavit prepared by the La Porte City Secretary, prior to the meeting where
the conflict is to occur.
b)Announce the conflict of interest and state its general nature at the meeting.
c)Abstain from any discussion or votes related to the matter which is the subject of conflict.
d)Step down from the dais before the matter is considered by the remaining Commission members.
Section 7.3. Other Provisions. Commission members are also subject to general provisions applicable to
city employees and officers prohibiting personal financial interests in business transactions with the city,
as outlined in Section 8.02 of the City Charter, and restrictions on actions or participation in proceedings
benefiting the economic interests of the member, the family or employer, as established in the
City Ethics and Conflict of Interest Policy.
ARTICLE 8: ABSENCES, REMOVALS, AND RESIGNATIONS
Section 8.1. Absences. Commission members are expected to attend all meetings. If unable to attend a
meeting, it is the responsibility of the Commission member to notify City Staff of said absence at his/her
earliest opportunity, and at least (24) hours prior to the meeting. If a Commissioner is absent
8
from more than percent (25%) of the duly called meetings in any period of twelve consecutive
months or is absent from more than two (2) duly called meetings in any period of twelve (12) consecutive
months, whichever is greater, for any reason other than a medical reason which prevents the members
attendance, such Commission will be subject to removal by the City Council.
Section 8.2. Removal. Commission members may be removed at any time by the City Council for
nonperformance of duty, misconduct in office, failure to declare a conflict, or other reason specified by
Commission.
Section 8.3. Resignation. Commission members may resign from the Commission by sending a letter of
resignation to the City Council and/or Commission Chairman.
ARTICLE 9: AMENDMENTS
These Rules, Regulations and Bylaws may be amended by majority vote of the Commission membership
during any regular meeting, provided that all Commission members have received a copy of the proposed
amendments at least 72 hours before the meeting at which such amendments are to be considered. City
Council must approve any amendment to the bylaws made by the Commission.
9
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
July 17, 2020
Honorable Mayor Rigby and City Council
City of La Porte
RE: Amendments to P&Z Rules and Bylaws
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a hearing at the July 16, 2020
meeting regarding proposed amendments to the P&Z Rules and Bylaws.
The Commission voted 8-0 on a motion to recommend APPROVAL of the proposed
amendments.Themotion to APPROVE passed.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:032-Grant Fund
Requested By:Steve Deardorff, Chief
Department:Police
Account Number:032-5253-521-1020
Amount Budgeted:$15,384.00
ReportResolutionOrdinance
Amount Requested:$15,383.98
Exhibits:STEP CMV -Resolution 2020-21and Texas
Budgeted Item:YesNo
Traffic Safety Program Grant Agreement
SUMMARY& RECOMMENDATION
The La Porte Police Department has made itsannual application for the TxDOT
S.T.E.P.(Selective Traffic Enforcement Program) CMV(Commercial Motor Vehicles)
grant concerning overtime reimbursement for Commercial Motor Vehicleenforcement
for the fiscal year 2020-2021. This will mark the secondyear for which the Department
has applied for the grant. TxDOT has preliminarily approved the award and forwarded
the attached grant agreement for the proval.
The grant will reimburse the City up to $11,992.50with matching contributions from the
City of $3,391.48.The available hours are posted and can only be filled by staff
members during hours that they are not working a regular shift.Although the grant pays
only overtime, as in past years, the Police Department will continue to meet the match
through administrative costs and employee benefits.
Staff recommends City Council adopt Resolution 2020-21 to move forward with the
TXDOT CMV S.T.E.P. grant.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly adoptResolution 2020-21authorizing theCity Manager
to signtheTXDOT S.T.E.P. grant award and other documents fortheTXDOT
Commercial Motor Vehicle STEP grant.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RESOLUTION NO. 2020-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS PERTAINING TO THE
CMV STEP GRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION, FOR THE
FISCAL YEAR 2021
WHEREAS,injuries and deaths from commercial motor vehicle traffic violations and crashes bring loss and
suffering to the citizens of this community; and
WHEREAS, the cost of such injuries brings economic hardship to familiesand communities; and
WHEREAS
by injuries of commercial motor vehicle traffic crashes; and
WHEREAS, research shows that speedis a causative factor in many commercial motor vehicle traffic crashes;
and
WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many commercial
motor vehicle traffic crashes;and
WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit
and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in
economic savings to society;and
WHEREAS,the Commercial Motor VehicleSTEP includes public education and intensified law enforcement to
get the community and drivers of commercial motor vehicles to comply with speed limitsand traffic control
devices, signsand signalstherefore protecting the occupants of commercial motor vehicles and others on the
roadways;NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, THAT:
NOW THEREFORE, BE IT RESOLVED,that the City of La Porte authorizes the City Manager to execute all
documents for CMVSTEP Grant for October 1, 2020,through September 30, 2021;joining public and private
sector leaders across Texas supporting the campaign;urgingall residents and visitors of La Porte to abide by
traffic laws, to protect life and the quality of life in this community.
Section 1.The City Council of the City of La Porte, Texas authorizes the City Manager to submit and execute
all documents pertaining to the CMV STEP Grant, through the Texas Department of Transportation,
for the Fiscal Year 2021.
Section 2.All ordinances or parts of resolutionsof the City of La Porte, Texas, in conflict with any provision
contained herein is hereby repealed to the extent of any conflict.
Section 3.If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions
of this Ordinance; and it is hereby declared to be the intentionof this City Council to have passed each
section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 4.The City Council officiallyfinds, 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 5.Thisresolutionshall be in effect from and after its passage and approval.
PASSEDANDAPPROVEDthis,the__________dayof __________________,2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:APPROVED AS TO FORM:
Lee Woodward, City SecretaryClark T. Askins, Assistant City Attorney
Texas Traffic Safety eGrants
Fiscal Year 2021
Organization Name:City of La Porte Police Department
Legal Name:City of La Porte
Payee Identification Number:17460015526006
Project Title:STEP CMV
ID:2021-LaPorte-S-CMV-00015
Period:10/01/2020 to 09/30/2021
City of La Porte
STEP CMV
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the, City
of La Portehereinafter called the Subgrantee, and becomes effective then fully executed
by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n)
LocalGovernment/Transit District.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2020.
Name of the Federal Agency: National Highway Traffic Safety Administration
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 010804755
FAIN: 69A37521300004020TX0
Project Title:STEP CMV
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2020or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2021unless terminated or otherwise
modified.
Total Awarded: $15,383.98
Amount Eligible for Reimbursement by the Department: $11,992.50
Match Amount provided by the Subgrantee: $3,391.48
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that
she/he has full and complete authority to enter into this agreement on behalf of the
organization.
Subgrantee Signature
By checking this box, I agree to use electronic signatures. Furthermore, I
confirm that I have signature authority to execute this document and it is an
electronic representation of my signature for all purposes when I use it on
documents, including legally binding contractsjust the same as a pen-and-
paper signature.
Name:
Title:
Date:
TxDOT Signature
By checking this box, I agree to use electronic signatures. Furthermore, I
confirm that I have signature authority to execute this document and it is an
electronic representation of my signature for all purposes when I use it on
documents, including legally binding contractsjust the same as a pen-and-
paper signature.
Name:
Title:
Date:
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FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS(Revised:07/18/2019)
Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the
"State" and the "prospective primary participant" and the "Subgrantee" is also known as the
"Subrecipient" and "prospective lower tier participant"
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this agreement, including, without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and licensing laws and regulations. When required, the
Subgrantee shall furnish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety
Program Manual, as they relate to the application, acceptance, and use of federal or state funds
for this project. Also, the Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained
in the application, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide any
additional information that may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law
88-352), as amended, and in accordance with that Act, no person shall discriminate, on the
grounds of race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et
seq.; and United States Department of Transportation (USDOT) regulations, "Uniform
Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49
CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of
federal and federally assisted programs.
D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply
with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal
funds.
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E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties.
G. It will give the Department the access to and the right to examine all records, books, papers,
or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of the major
federal laws that may affect the project include: the National Environmental Policy Act of 1969,
as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq.
and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251
et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.;
and the Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental
Protection Agency, USDOT, and other federal agencies have issued, and in the future are
expected to issue, regulations, guidelines, standards, orders, directives, or other requirements
that may affect this Project. Thus, it agrees to comply, and assures the compliance of each
contractor and each subcontractor, with any federal requirements that the federal government
may now or in the future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where that insurance is
available as a condition for the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards. The
phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the
Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors
shall vote or confirm the employment of any person related within the second degree of affinity
or third degree by consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise that person. This prohibition shall not apply to the
employment of a person described in Section 573.062 of the Texas Government Code.
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M. It will ensure that all information collected, assembled, or maintained by the applicant relative
to this project shall be available to the public during normal business hours in compliance with
Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires
all regular, special, or called meetings of governmental bodies to be open to the public, except
as otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and
not to exceed the limits specified in the Project Budget. The amount included in a Project
Budget category will be deemed to be an estimate only and a higher amount can be
reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project
Budget specifies that costs are based on a specific rate, per-unit cost, or other method of
payment, reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved
Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a
total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the
attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent
underrun elsewhere in the Project Budget.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to
the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to
the Request for Reimbursement being approved. The notification must indicate the amount, the
percent over, and the specific reason(s) for the overrun.
3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT)
in the attached Project Budget requires an amendment of this Grant Agreement.
4. The maximum amount eligible for reimbursement shall not be increased above the Grand
Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended,
as described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget,
Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in
Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the
TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the
TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory
B, "PI&E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility,
with underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant Period of this
Grant Agreement, attributable to work covered by this agreement, and which has been
completed in a manner satisfactory and acceptable to the Department.
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D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity
already supported by local or state funds.
E. Payment of costs incurred under this agreement is further governed by the cost principles
outlined in 2 CFR Part 200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in
this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for
Reimbursement and appropriate supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement
within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length of this
Grant Period specified in this Grant Agreement. If the Department determines that the project
has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for
funding assistance beyond the initial agreement period.
Preference for funding will be given to projects based on (1) proposed cost sharing and (2)
demonstrated performance history.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of funds. If at
any time during this Grant Period, the Department determines that there is insufficient funding to
continue the project, the Department shall notify the Subgrantee, giving notice of intent to
terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal
fiscal year, the Department determines that there is sufficient funding and performance to
continue the project, the Department may notify the Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the Department
in writing through eGrants. If the Department finds that such work does constitute additional
work, the Department shall advise the Subgrantee and a written amendment to this agreement
will be executed according to Article 5, Amendments, to provide compensation for doing this
work on the same basis as the original work. If performance of the additional work will cause the
maximum amount payable to be exceeded, the work will not be performed before a written grant
amendment is executed.
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B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the
Department requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subgrantee shall make those revisions as requested and directed by the Department. This will
be considered as additional work and will be paid for as specified in this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement, the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring the
work into compliance with this agreement. No additional compensation shall be paid for this
work.
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department. No
additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred
by the Subgrantee relating to additional work not directly associated with or prior to the
execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. Reporting periods vary by project duration and
are defined as follows:
1. For short term projects, the reporting period is the duration of the project. Subgrantee shall
submit a performance report within 30 days of project completion.
2. For longer projects, the reporting period is monthly. Subgrantee shall submit a performance
report within 30 days of the completion of each project month and within 30 days of project
completion.
3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is
each billing cycle. Subgrantee shall submit a performance report within 30 days of the
completion of each billing cycle.
B. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events
that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or other
changes in Subgrantee personnel, that will materially affect the ability to attain objectives and
performance measures, prevent the meeting of time schedules and objectives, or preclude the
attainment of project objectives or performance measures by the established time periods. This
disclosure shall be accompanied by a statement of the action taken or contemplated and any
Department or federal assistance needed to resolve the situation.
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2. Favorable developments or events that enable meeting time schedules and objectives sooner
than anticipated or achieving greater performance measure output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30)
days after completion of the grant.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books,
and other evidence pertaining to costs incurred and work performed under this agreement
(called the "Records"), and shall make the Records available at its office for the time period
authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee
further agrees to retain the Records for four (4) years from the date of final payment under this
agreement, until completion of all audits, or until pending litigation has been completely and fully
resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the Records.
This right of access is not limited to the four (4) year period but shall last as long as the Records
are retained.
ARTICLE 9. INDEMNIFICATION
A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees.
The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save
harmless the Department from any and all expenses, including but not limited to attorney fees,
all court costs and awards for damages incurred by the Department in litigation or otherwise
resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or
employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims, demands,
and causes of action of every kind and character brought by any employee of the Subgrantee
against the Department due to personal injuries to or death of any employee resulting from any
alleged negligent act, by either commission or omission on the part of the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is
an agent, servant, or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors, employees,
representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This agreement supersedes any prior oral or written agreements. If a conflict arises between
this agreement and the Traffic Safety Program Manual, this agreement shall govern. The
Subgrantee shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the Subgrantee in support of work under this agreement.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
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ARTICLE 11. TERMINATION
A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described in this agreement and these have been accepted by the
Department, unless:
1. This agreement is terminated in writing with the mutual consent of both parties; or
2. There is a written thirty (30) day notice by either party; or
3. The Department determines that the performance of the project is not in the best interest of
the Department and informs the Subgrantee that the project is terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement that are directly attributable to the
completed portion of the work covered by this agreement, provided that the work has been
completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall
not incur nor be reimbursed for any new obligations after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A. The Department and, when federal funds are involved, the USDOT, or any of their authorized
representatives, have the right at all reasonable times to inspect or otherwise evaluate the work
performed or being performed under this agreement and the premises in which it is being
performed.
B. If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in a manner that
will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this
agreement acts as acceptance of the authority of the State Auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written
concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable
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terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its
responsibility under this agreement.
ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the Department shall
not accept any benefit, gift, or favor from any person doing business with or who, reasonably
speaking, may do business with the Department under this agreement. The only exceptions
allowed are ordinary business lunches and items that have received the advanced written
approval of the Department's Executive Director.
B. Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the Subgrantee
to adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subgrantee, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement
without liability or, in its discretion, to deduct from the agreement price or consideration, or
otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or
gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any
way interfere with its or its employees' performance or which in any way conflicts with the
interests of the Department. The Subgrantee shall exercise reasonable care and diligence to
prevent any actions or conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment
to perform the work required under this agreement, or will be able to obtain such personnel from
sources other than the Department.
B. All employees of the Subgrantee shall have the knowledge and experience that will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the work,
shall immediately be removed from association with the project.
C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
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The Subgrantee shall establish and administer a system to procure, control, protect, preserve,
use, maintain, and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement in accordance with its own procurement and property management
procedures, provided that the procedures are not in conflict with (1) the Department's
procurement and property management standards and (2) the federal procurement and property
management standards provided by 2 CFR §§ 200.310-.316, 200.318-.324.
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports,
maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and
supplies purchased with grant funds shall, at the option of the Department, become the property
of the Department. All sketches, photographs, calculations, and other data prepared under this
agreement shall be made available, upon request, to the Department without restriction or
limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals, systems design,
or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including copyrights,
copyright applications, copyright renewals, and copyright extensions), title and interests in and
to all data, and other information developed under this contract and versions thereof unless
otherwise agreed to in writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without
any type of funding or resource assistance from the Department remain the Subgrantee's
intellectual property. For these classes and materials, the Department payment is limited to
payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreement. The
Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement
without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the United States Department of
Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they
may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with
Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive
Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part
60).
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B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety
agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973 , (23 U.S.C. 324 et seq.), and Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)
(prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973 , (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975 , as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
The Civil Rights Restoration Act of 1987 , (Pub. L. 100-209), (broadens scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors,
whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
(prohibits discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing)
and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (prevents discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin discrimination/discrimination
because of limited English proficiency (LEP) by ensuring that funding recipients take
reasonable steps to ensure that LEP persons have meaningful access to programs (70
FR 74087-74100).
The State highway safety agency-
Will take all measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, national origin, disability, sex, age, limited English proficiency,
or membership in any other class protected by Federal Nondiscrimination Authorities, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
Will administer the program in a manner that reasonably ensures that any of its
subrecipients, contractors, subcontractors, and consultants receiving Federal financial
assistance under this program will comply with all requirements of the Non-
Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and
consultants to comply) with all applicable provisions of law or regulation governing US
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DOT's or NHTSA's access to records, accounts, documents, information, facilities, and
staff, and to cooperate and comply with any program or compliance reviews, and/or
complaint investigations conducted by US DOT or NHTSA under any Federal
Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard
to any matter arising under these Non-Discrimination Authorities and this Assurance;
Agrees to insert in all contracts and funding agreements with other State or private
entities the following clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient
agrees-
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from
time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its
facilities as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/finding recipient fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will have the
right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate,
including but not limited to withholding payments to the contractor/funding recipient under the
contract/agreement until the contractor/funding recipient complies; and/or cancelling,
terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and
subagreement and in every solicitation for a subcontract or sub-agreement, that receives
Federal funds under this program.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be
performed under a subcontract, including procurements of materials and leases of equipment,
each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's
obligations under this agreement and the regulations relative to nondiscrimination on the
grounds of race, color, sex, national origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Department or the USDOT to be pertinent to ascertain compliance with the Regulations or
directives. Where any information required of the Subgrantee is in the exclusive possession of
another who fails or refuses to furnish this information, the Subgrantee shall certify that to the
Department or the USDOT, whichever is appropriate, and shall set forth what efforts the
Subgrantee has made to obtain the requested information.
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E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement, the Department shall impose such sanctions as it
or the USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the regulations or directives. The Subgrantee shall take any action with
respect to any subcontract or procurement that the Department may direct as a means of
enforcing those provisions, including sanctions for noncompliance. However, in the event a
Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier
as a result of such direction, the Subgrantee may request the Department to enter into litigation
to protect the interests of the state; and in addition, the Subgrantee may request the United
States to enter into such litigation to protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26.
B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Subgrantee shall have final decision- making authority regarding
the DBE goal and shall be responsible for documenting its actions.
D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by
Entity and attachments found at web address
http://www.txdot.gov/business/partnerships/dbe.html
E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any USDOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and
administration of USDOT-assisted contracts. The Department's DBE program, as required by 49
CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry
out its approved program, the Department may impose sanctions as provided for under 49 CFR
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001
and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The contractor,
sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this agreement, which may
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result in the termination of this agreement or such other remedy as the recipient deems
appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to
subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing
the certification set out below and agrees to comply with the requirements of 2 CFR parts 180
and 1200.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective primary tier participant
shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the department or agency's
determination whether to enter into this transaction. However, failure of the prospective primary
tier participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default or may pursue suspension or
debarment.
4. The prospective primary tier participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective primary
tier participant learns its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the department or agency to which this proposal is being
submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into this
transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency
entering into this covered transaction, without modification , in all lower tier covered transactions
and in all solicitations for lower tier covered transactions and will require lower tier participants
to comply with 2 CFR parts 180 and 1200.
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8. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate this transaction
for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier
Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
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1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Instructions for Lower Tier Participant Certification" including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require lower tier participants to comply
with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
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is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients
as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
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Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the
Subgrantee is liable to the state for attorney's fees and any other damages provided by law or
the agreement. A child support obligor or business entity ineligible to receive payments because
of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages
have been paid; the obligor is in compliance with a written repayment agreement or court order
as to any existing delinquency; or the court of continuing jurisdiction over the child support order
has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family
Code, as part of a court-supervised effort to improve earnings and child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including
Appendix A. This agreement is subject to the following award terms:
http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf .
B. The Subgrantee agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR
subpt. 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number
may be obtained by visiting the SAM web-site at: https://www.sam.gov
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the distribution of
federal money. The DUNS number may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website
http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S. Securities
and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200.
B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year,
the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office
atsingleaudits@txdot.gov
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C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee
must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000
expenditure threshold and therefore, are not required to have a single audit performed for
FY_____."
D. For each year the project remains open for federal funding expenditures, the Subgrantee will
be responsible for filing a report or statement as described above. The required annual filing
shall extend throughout the life of the agreement, unless otherwise amended or the project has
been formally closed out and no charges have been incurred within the current fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313)
when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced
items would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project contract by more than 25 percent. In order to use Federal funds to
purchase foreign produced items, the State must submit a waiver request that provides an
adequate basis and justification for approval by the Secretary of Transportation.
ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as
States)
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
(This article applies only to non-profit entities.)
The Subgrantee is required to make any information created or exchanged with the Department
pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas
Public Information Act, available in a format that is accessible by the public at no additional
charge to the Department. \[SB-1368, 83rd Texas Legislature, Regular Session, Effective 9/1/13\]
ARTICLE 32.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to
check helmet usage or to create checkpoints that specifically target motorcyclists.
ARTICLE 33.INTERNAL ETHICS AND COMPLIANCE PROGRAM
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Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee
certifies it has adopted an internal ethics and compliance program that satisfies the
requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and
Compliance Program). Subgrantee shall enforce compliance with that program.
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RESPONSIBILITIES OF THE SUBGRANTEE
A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by
implementing the Operational Plan contained in this Grant Agreement.
B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and
within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant
Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly
Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for
Reimbursement (RFR).
C. Attend grant related training as requested by the Department
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss
problems and the schedule for grant related activities.
2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at
meetings requested by the Department.
E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed
for PI&E activities must be included in the budget.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the
Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy
this requirement..
G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for
work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state
funds.
I. Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form
should include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone
identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest
made, officer and supervisor signatures.
J. All STEP agencies must provide the following provision in all daily activity report forms:
"I understand that this information is being submitted to support a claim against a federally-funded grant program.
False statements on this form may be prosecutable under 18 USC 1001. This information on this form is true, correct,
and complete to the best of my knowledge and ability."
The above language should be added to the activity reports immediately above the signature lines of the officer and
supervisor.
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K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty
unless the Subgrantee received specific written authorization from the Department, through eGrants system
messaging, prior to incurring costs.
L. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is
scheduled to end, the officer can continue working under the grant to complete that arrest.
M. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in
place, a policy should be implemented, and a copy maintained for verification during the grant year.
N. Officers working DWI enforcement must be trained in the National Highway Traffic Safety
Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case
of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year.
For second or subsequent year grants, all officers working DWI enforcement must be SFST trained.
O. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when
necessary.
P. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas
Web site at www.buckleuptexas.com.
Revised: 11/07/2017
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RESPONSIBILITIES OF THE DEPARTMENT
A.Monitor the Subgrantee's compliance with the performance obligations and
fiscal requirements of this Grant Agreement using appropriate and necessary
monitoring and inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. e-mails and letters
5. quarterly review meetings
6. eGrants
B.Provide program management and technical assistance.
C.Attend appropriate meetings.
D.Reimburse the Subgrantee for all eligible costs as defined in the project
budget. Requests for Reimbursement will be processed up to the maximum
amount payable as indicated in the project budget.
E.Perform an administrative review of the project at the close of the grant period
to:
1. Ascertain whether or not the project objectives were met
2. Review project accomplishments (performance measures completed,
targets achieved)
3. Account for any approved Program Income earned and expended
4. Identify exemplary performance or best practices
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GOALS AND STRATEGIES
To reduce commercial motor vehicle crashes, injuries, and fatalities
Goal:involving vehicles with a vehicle body type of "Semi-Trailer" or "Truck-
Tractor"
<br
Increase public information and education on sharing the road with
commercial motor vehicles (CMV).
Strategies:
Increase public education and information campaigns regarding
enforcement activities.
Increase and sustain high visibility enforcement of traffic safety-related
laws.
XAgency agrees to the above goals and strategies.
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LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
Objective/Performance MeasureTarget Number
Reduce the number of crashes that involve a CMV to0
Number of Enforcement Hours222
Note: Nothing in this agreement shall be interpreted as a requirement, formal
or informal, that a peace officer issue a specified or predetermined number of
citations in pursuance of the Subgrantee's obligations hereunder. Department
and Subgrantee acknowledge that Texas Transportation Code Section 720.002
prohibits using traffic-offense quotas and agree that nothing in this Agreement
is establishing an illegal quota.
In addition to the STEP enforcement activities, the subgrantee must maintain
baseline non-STEP funded citation and arrest activity due to the prohibition of
supplanting.
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PI&E OBJECTIVE/PERFORMANCE MEASURE
Target
Objectives/Performance Measure
Number
Support Grant efforts with a public information and education
(PI&E) program
a. Conduct presentations5
b. Conduct media exposures (e.g. news conferences, news releases,
5
and interviews)
c. Conduct community events (e.g. health fairs, booths)2
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OPERATIONAL PLAN
Zone Name : Zone 1
Zone Location
State Hwy 146 from Northern City Limits to Southern City Limits.
:
Zone Hours :
Zone Heat https://www.dot.state.tx.us/apps/egrants/_Upload/940566_337651-
Map : (attach)Zone1.pdf
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OPERATIONAL PLAN
Zone
Zone 2
Name :
From Underwood and P Street to Spencer Hwy. Spencer Hwy to Luella.
Zone
Luella to Fairmont Pkwy. Fairmont Pkwy East to Bay Area Blvd. Bay Area
Location
Blvd (road name changes to Sens Rd.) North to P Street. P Street West to
:
Underwood.
Zone
Hours :
Zone
https://www.dot.state.tx.us/apps/egrants/_Upload/940567_337651-
Heat Map
Zone2.pdf
:(attach)
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BUDGET SUMMARY
Budget CategoryTxDOTMatchTotal
Category I -Labor Costs
(100)Salaries:
$11,992.50$0$11,992.50
(200)Fringe Benefits:$0$3,391.48$3,391.48
Sub-Total:$11,992.50$3,391.48$15,383.98
Category II -Other Direct Costs
(300)Travel:
$0$0$0
(400)Equipment:$0$0$0
(500)Supplies:
$0$0$0
Contractual
(600)$0$0$0
Services:
Other
(700)$0$0$0
Miscellaneous:
Sub-Total:
$0$0$0
Total Direct Costs:
$11,992.50$3,391.48$15,383.98
Category III -Indirect Costs
Indirect Cost
(800)
$0$0$0
Rate:
Summary
Total Labor Costs:$11,992.50$3,391.48$15,383.98
Total Direct
$0$0$0
Costs:
Total Indirect
$0$0$0
Costs:
Grand Total
$11,992.50$3,391.48$15,383.98
Fund Sources
77.95%22.05%
(Percent Share):
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
Egrants.
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STEP CMV
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Texas Traffic Safety eGrants
Fiscal Year 2021
Organization Name: City of La Porte Police Department
Legal Name: City of La Porte
Payee Identification Number: 17460015526006
Project Title: STEP CMV
ID: 2021-LaPorte-S-CMV-00015
Period: 10/01/2020 to 09/30/2021
City of La Porte
STEP CMV
Texas Department Of Transportation - Traffic Safety
Electronic Signature Authorization Form
This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID
listed at the bottom of the page.
Name Of Organization: City of La Porte
Project Title: STEP CMV
Authorizing Authority
The signatory of the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that
she/he has full and complete authority to enter into the agreement on behalf of the
organization. I authorize the person(s) listed under the section "Authorized to
Electronically Sign Grant Agreements and Amendments" to enter into an agreement
on behalf of the organization.
Name:
Corby Alexander
Title:
City Manager
Signature:
Date:
Under the authority of Ordinance or
Resolution Number (if applicable)
Authorized to Electronically Sign Grant Agreements and Amendments
List Subgrantee Administrators who have complete authority to enter into an
agreement on behalf of the organization.
Print Name of Subgrantee Administrator in
Title
TxDOT Traffic Safety eGrants
1.
Bennie BolesGrant Administrator
2.
Steve Deardorff Chief of Police
3.
Corby AlexanderCity Manager
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:032-Grant Fund
Requested By:Steve Deardorff, Chief
Department:Police
Account Number:032-5253-521-1020
Amount Budgeted:$15,384.00
ReportResolutionOrdinance
Amount Requested:$15,383.98
Exhibits:STEP CMV -Resolution 2020-21and Texas
Budgeted Item:YesNo
Traffic Safety Program Grant Agreement
SUMMARY& RECOMMENDATION
The La Porte Police Department has made itsannual application for the TxDOT
S.T.E.P.(Selective Traffic Enforcement Program) CMV(Commercial Motor Vehicles)
grant concerning overtime reimbursement for Commercial Motor Vehicleenforcement
for the fiscal year 2020-2021. This will mark the secondyear for which the Department
has applied for the grant. TxDOT has preliminarily approved the award and forwarded
the attached grant agreement for the proval.
The grant will reimburse the City up to $11,992.50with matching contributions from the
City of $3,391.48.The available hours are posted and can only be filled by staff
members during hours that they are not working a regular shift.Although the grant pays
only overtime, as in past years, the Police Department will continue to meet the match
through administrative costs and employee benefits.
Staff recommends City Council adopt Resolution 2020-21 to move forward with the
TXDOT CMV S.T.E.P. grant.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly adoptResolution 2020-21authorizing theCity Manager
to signtheTXDOT S.T.E.P. grant award and other documents fortheTXDOT
Commercial Motor Vehicle STEP grant.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS PERTAINING TO THE
STEP COMPREHENSIVEGRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION,
FOR THE FISCAL YEAR 2020
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community;
and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREASces are significantly impacted
by injuries of traffic crashes; and
WHEREAS, research shows that speed is a causative factor in many traffic crashes; and
WHEREAS, failure to obey traffic laws,traffic control signals at intersections, and impaired driving,causes
many traffic crashes; and
WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit
and stopping traffic law violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in
economic savings to society;and
WHEREAS, the Comprehensive STEP Grant includes public education and intensified law enforcement to get
the community to comply with speed limits and traffic control devices, signs and signals.
NOW THEREFORE, BE IT RESOLVED that the City of La Porte authorizesthe City Manager to execute all
documents for the Comprehensive STEP Grant for October 1, 2020,through September 30, 2021; joining public
and private sector leaders across Texas supportingthe campaign; urging all residents and visitors of La Porte to
abide by traffic laws, to protect life and the quality of life in this community.
Section 1.The City Council of the City of La Porte, Texas authorizes the City Manager to submit and execute
alldocuments pertaining to theSTEP Comprehensive Grant, through the Texas Department of
Transportation, for the Fiscal Year 2021.
Section 2.All ordinances or parts of resolutionsof the City of La Porte, Texas, in conflict with any provision
containedherein is hereby repealed to the extent of any conflict.
Section 3.If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions
of this Ordinance; and it is hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared invalid.
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 5.Thisresolutionshall be in effect from and after its passage and approval.
PASSEDANDAPPROVEDthis,the__________dayof __________________,2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:APPROVED AS TO FORM:
Lee Woodward, City SecretaryClark T. Askins, Assistant City Attorney
Texas Traffic Safety eGrants
Fiscal Year 2021
Organization Name:City of La Porte Police Department
Legal Name:City of La Porte
Payee Identification Number:17460015526006
Project Title:STEP Comprehensive
ID:2021-LaPorte-S-1YG-00054
Period:10/01/2020 to 09/30/2021
City of La Porte
STEP Comprehensive
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the, City
of La Portehereinafter called the Subgrantee, and becomes effective then fully executed
by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n)
LocalGovernment/Transit District.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2020.
Name of the Federal Agency: National Highway Traffic Safety Administration
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 010804755
FAIN:
18X9204020TX21
69A37521300004020TX0
Project Title:STEP Comprehensive
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2020or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2021unless terminated or otherwise
modified.
Total Awarded: $47,460.39
Amount Eligible for Reimbursement by the Department: $36,997.50
Match Amount provided by the Subgrantee: $10,462.89
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that
she/he has full and complete authority to enter into this agreement on behalf of the
organization.
Subgrantee Signature
By checking this box, I agree to use electronic signatures. Furthermore, I
confirm that I have signature authority to execute this document and it is an
electronic representation of my signature for all purposes when I use it on
documents, including legally binding contractsjust the same as a pen-and-
paper signature.
Name:
Title:
Date:
TxDOT Signature
By checking this box, I agree to use electronic signatures. Furthermore, I
confirm that I have signature authority to execute this document and it is an
electronic representation of my signature for all purposes when I use it on
documents, including legally binding contractsjust the same as a pen-and-
paper signature.
Name:
Title:
Date:
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STEP Comprehensive
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GRANT AGREEMENT GENERAL TERMS AND CONDITIONS(Revised:07/18/2019)
Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the
"State" and the "prospective primary participant" and the "Subgrantee" is also known as the
"Subrecipient" and "prospective lower tier participant"
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this agreement, including, without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and licensing laws and regulations. When required, the
Subgrantee shall furnish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety
Program Manual, as they relate to the application, acceptance, and use of federal or state funds
for this project. Also, the Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained
in the application, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide any
additional information that may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law
88-352), as amended, and in accordance with that Act, no person shall discriminate, on the
grounds of race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et
seq.; and United States Department of Transportation (USDOT) regulations, "Uniform
Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49
CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of
federal and federally assisted programs.
D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply
with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal
funds.
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E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties.
G. It will give the Department the access to and the right to examine all records, books, papers,
or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of the major
federal laws that may affect the project include: the National Environmental Policy Act of 1969,
as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq.
and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251
et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.;
and the Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental
Protection Agency, USDOT, and other federal agencies have issued, and in the future are
expected to issue, regulations, guidelines, standards, orders, directives, or other requirements
that may affect this Project. Thus, it agrees to comply, and assures the compliance of each
contractor and each subcontractor, with any federal requirements that the federal government
may now or in the future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where that insurance is
available as a condition for the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards. The
phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the
Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors
shall vote or confirm the employment of any person related within the second degree of affinity
or third degree by consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise that person. This prohibition shall not apply to the
employment of a person described in Section 573.062 of the Texas Government Code.
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M. It will ensure that all information collected, assembled, or maintained by the applicant relative
to this project shall be available to the public during normal business hours in compliance with
Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires
all regular, special, or called meetings of governmental bodies to be open to the public, except
as otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and
not to exceed the limits specified in the Project Budget. The amount included in a Project
Budget category will be deemed to be an estimate only and a higher amount can be
reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project
Budget specifies that costs are based on a specific rate, per-unit cost, or other method of
payment, reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved
Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a
total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the
attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent
underrun elsewhere in the Project Budget.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to
the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to
the Request for Reimbursement being approved. The notification must indicate the amount, the
percent over, and the specific reason(s) for the overrun.
3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT)
in the attached Project Budget requires an amendment of this Grant Agreement.
4. The maximum amount eligible for reimbursement shall not be increased above the Grand
Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended,
as described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget,
Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in
Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the
TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the
TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory
B, "PI&E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility,
with underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant Period of this
Grant Agreement, attributable to work covered by this agreement, and which has been
completed in a manner satisfactory and acceptable to the Department.
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D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity
already supported by local or state funds.
E. Payment of costs incurred under this agreement is further governed by the cost principles
outlined in 2 CFR Part 200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in
this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for
Reimbursement and appropriate supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement
within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length of this
Grant Period specified in this Grant Agreement. If the Department determines that the project
has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for
funding assistance beyond the initial agreement period.
Preference for funding will be given to projects based on (1) proposed cost sharing and (2)
demonstrated performance history.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of funds. If at
any time during this Grant Period, the Department determines that there is insufficient funding to
continue the project, the Department shall notify the Subgrantee, giving notice of intent to
terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal
fiscal year, the Department determines that there is sufficient funding and performance to
continue the project, the Department may notify the Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the Department
in writing through eGrants. If the Department finds that such work does constitute additional
work, the Department shall advise the Subgrantee and a written amendment to this agreement
will be executed according to Article 5, Amendments, to provide compensation for doing this
work on the same basis as the original work. If performance of the additional work will cause the
maximum amount payable to be exceeded, the work will not be performed before a written grant
amendment is executed.
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B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the
Department requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subgrantee shall make those revisions as requested and directed by the Department. This will
be considered as additional work and will be paid for as specified in this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement, the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring the
work into compliance with this agreement. No additional compensation shall be paid for this
work.
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department. No
additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred
by the Subgrantee relating to additional work not directly associated with or prior to the
execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. Reporting periods vary by project duration and
are defined as follows:
1. For short term projects, the reporting period is the duration of the project. Subgrantee shall
submit a performance report within 30 days of project completion.
2. For longer projects, the reporting period is monthly. Subgrantee shall submit a performance
report within 30 days of the completion of each project month and within 30 days of project
completion.
3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is
each billing cycle. Subgrantee shall submit a performance report within 30 days of the
completion of each billing cycle.
B. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events
that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or other
changes in Subgrantee personnel, that will materially affect the ability to attain objectives and
performance measures, prevent the meeting of time schedules and objectives, or preclude the
attainment of project objectives or performance measures by the established time periods. This
disclosure shall be accompanied by a statement of the action taken or contemplated and any
Department or federal assistance needed to resolve the situation.
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2. Favorable developments or events that enable meeting time schedules and objectives sooner
than anticipated or achieving greater performance measure output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30)
days after completion of the grant.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books,
and other evidence pertaining to costs incurred and work performed under this agreement
(called the "Records"), and shall make the Records available at its office for the time period
authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee
further agrees to retain the Records for four (4) years from the date of final payment under this
agreement, until completion of all audits, or until pending litigation has been completely and fully
resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the Records.
This right of access is not limited to the four (4) year period but shall last as long as the Records
are retained.
ARTICLE 9. INDEMNIFICATION
A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees.
The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save
harmless the Department from any and all expenses, including but not limited to attorney fees,
all court costs and awards for damages incurred by the Department in litigation or otherwise
resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or
employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims, demands,
and causes of action of every kind and character brought by any employee of the Subgrantee
against the Department due to personal injuries to or death of any employee resulting from any
alleged negligent act, by either commission or omission on the part of the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is
an agent, servant, or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors, employees,
representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This agreement supersedes any prior oral or written agreements. If a conflict arises between
this agreement and the Traffic Safety Program Manual, this agreement shall govern. The
Subgrantee shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the Subgrantee in support of work under this agreement.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
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ARTICLE 11. TERMINATION
A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described in this agreement and these have been accepted by the
Department, unless:
1. This agreement is terminated in writing with the mutual consent of both parties; or
2. There is a written thirty (30) day notice by either party; or
3. The Department determines that the performance of the project is not in the best interest of
the Department and informs the Subgrantee that the project is terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement that are directly attributable to the
completed portion of the work covered by this agreement, provided that the work has been
completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall
not incur nor be reimbursed for any new obligations after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A. The Department and, when federal funds are involved, the USDOT, or any of their authorized
representatives, have the right at all reasonable times to inspect or otherwise evaluate the work
performed or being performed under this agreement and the premises in which it is being
performed.
B. If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in a manner that
will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this
agreement acts as acceptance of the authority of the State Auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written
concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable
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terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its
responsibility under this agreement.
ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the Department shall
not accept any benefit, gift, or favor from any person doing business with or who, reasonably
speaking, may do business with the Department under this agreement. The only exceptions
allowed are ordinary business lunches and items that have received the advanced written
approval of the Department's Executive Director.
B. Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the Subgrantee
to adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subgrantee, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement
without liability or, in its discretion, to deduct from the agreement price or consideration, or
otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or
gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any
way interfere with its or its employees' performance or which in any way conflicts with the
interests of the Department. The Subgrantee shall exercise reasonable care and diligence to
prevent any actions or conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment
to perform the work required under this agreement, or will be able to obtain such personnel from
sources other than the Department.
B. All employees of the Subgrantee shall have the knowledge and experience that will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the work,
shall immediately be removed from association with the project.
C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
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The Subgrantee shall establish and administer a system to procure, control, protect, preserve,
use, maintain, and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement in accordance with its own procurement and property management
procedures, provided that the procedures are not in conflict with (1) the Department's
procurement and property management standards and (2) the federal procurement and property
management standards provided by 2 CFR §§ 200.310-.316, 200.318-.324.
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports,
maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and
supplies purchased with grant funds shall, at the option of the Department, become the property
of the Department. All sketches, photographs, calculations, and other data prepared under this
agreement shall be made available, upon request, to the Department without restriction or
limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals, systems design,
or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including copyrights,
copyright applications, copyright renewals, and copyright extensions), title and interests in and
to all data, and other information developed under this contract and versions thereof unless
otherwise agreed to in writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without
any type of funding or resource assistance from the Department remain the Subgrantee's
intellectual property. For these classes and materials, the Department payment is limited to
payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreement. The
Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement
without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the United States Department of
Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they
may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with
Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive
Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part
60).
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B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety
agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973 , (23 U.S.C. 324 et seq.), and Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)
(prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973 , (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975 , as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
The Civil Rights Restoration Act of 1987 , (Pub. L. 100-209), (broadens scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors,
whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
(prohibits discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing)
and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (prevents discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin discrimination/discrimination
because of limited English proficiency (LEP) by ensuring that funding recipients take
reasonable steps to ensure that LEP persons have meaningful access to programs (70
FR 74087-74100).
The State highway safety agency-
Will take all measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, national origin, disability, sex, age, limited English proficiency,
or membership in any other class protected by Federal Nondiscrimination Authorities, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
Will administer the program in a manner that reasonably ensures that any of its
subrecipients, contractors, subcontractors, and consultants receiving Federal financial
assistance under this program will comply with all requirements of the Non-
Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and
consultants to comply) with all applicable provisions of law or regulation governing US
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DOT's or NHTSA's access to records, accounts, documents, information, facilities, and
staff, and to cooperate and comply with any program or compliance reviews, and/or
complaint investigations conducted by US DOT or NHTSA under any Federal
Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard
to any matter arising under these Non-Discrimination Authorities and this Assurance;
Agrees to insert in all contracts and funding agreements with other State or private
entities the following clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient
agrees-
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from
time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its
facilities as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/finding recipient fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will have the
right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate,
including but not limited to withholding payments to the contractor/funding recipient under the
contract/agreement until the contractor/funding recipient complies; and/or cancelling,
terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and
subagreement and in every solicitation for a subcontract or sub-agreement, that receives
Federal funds under this program.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be
performed under a subcontract, including procurements of materials and leases of equipment,
each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's
obligations under this agreement and the regulations relative to nondiscrimination on the
grounds of race, color, sex, national origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Department or the USDOT to be pertinent to ascertain compliance with the Regulations or
directives. Where any information required of the Subgrantee is in the exclusive possession of
another who fails or refuses to furnish this information, the Subgrantee shall certify that to the
Department or the USDOT, whichever is appropriate, and shall set forth what efforts the
Subgrantee has made to obtain the requested information.
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E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement, the Department shall impose such sanctions as it
or the USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the regulations or directives. The Subgrantee shall take any action with
respect to any subcontract or procurement that the Department may direct as a means of
enforcing those provisions, including sanctions for noncompliance. However, in the event a
Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier
as a result of such direction, the Subgrantee may request the Department to enter into litigation
to protect the interests of the state; and in addition, the Subgrantee may request the United
States to enter into such litigation to protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26.
B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Subgrantee shall have final decision- making authority regarding
the DBE goal and shall be responsible for documenting its actions.
D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by
Entity and attachments found at web address
http://www.txdot.gov/business/partnerships/dbe.html
E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any USDOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and
administration of USDOT-assisted contracts. The Department's DBE program, as required by 49
CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry
out its approved program, the Department may impose sanctions as provided for under 49 CFR
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001
and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The contractor,
sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this agreement, which may
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result in the termination of this agreement or such other remedy as the recipient deems
appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to
subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing
the certification set out below and agrees to comply with the requirements of 2 CFR parts 180
and 1200.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective primary tier participant
shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the department or agency's
determination whether to enter into this transaction. However, failure of the prospective primary
tier participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default or may pursue suspension or
debarment.
4. The prospective primary tier participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective primary
tier participant learns its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the department or agency to which this proposal is being
submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into this
transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency
entering into this covered transaction, without modification , in all lower tier covered transactions
and in all solicitations for lower tier covered transactions and will require lower tier participants
to comply with 2 CFR parts 180 and 1200.
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8. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate this transaction
for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier
Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
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1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Instructions for Lower Tier Participant Certification" including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require lower tier participants to comply
with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
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is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients
as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
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Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the
Subgrantee is liable to the state for attorney's fees and any other damages provided by law or
the agreement. A child support obligor or business entity ineligible to receive payments because
of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages
have been paid; the obligor is in compliance with a written repayment agreement or court order
as to any existing delinquency; or the court of continuing jurisdiction over the child support order
has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family
Code, as part of a court-supervised effort to improve earnings and child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including
Appendix A. This agreement is subject to the following award terms:
http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf .
B. The Subgrantee agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR
subpt. 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number
may be obtained by visiting the SAM web-site at: https://www.sam.gov
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the distribution of
federal money. The DUNS number may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website
http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S. Securities
and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200.
B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year,
the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office
atsingleaudits@txdot.gov
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C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee
must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000
expenditure threshold and therefore, are not required to have a single audit performed for
FY_____."
D. For each year the project remains open for federal funding expenditures, the Subgrantee will
be responsible for filing a report or statement as described above. The required annual filing
shall extend throughout the life of the agreement, unless otherwise amended or the project has
been formally closed out and no charges have been incurred within the current fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313)
when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced
items would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project contract by more than 25 percent. In order to use Federal funds to
purchase foreign produced items, the State must submit a waiver request that provides an
adequate basis and justification for approval by the Secretary of Transportation.
ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as
States)
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
(This article applies only to non-profit entities.)
The Subgrantee is required to make any information created or exchanged with the Department
pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas
Public Information Act, available in a format that is accessible by the public at no additional
charge to the Department. \[SB-1368, 83rd Texas Legislature, Regular Session, Effective 9/1/13\]
ARTICLE 32.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to
check helmet usage or to create checkpoints that specifically target motorcyclists.
ARTICLE 33.INTERNAL ETHICS AND COMPLIANCE PROGRAM
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Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee
certifies it has adopted an internal ethics and compliance program that satisfies the
requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and
Compliance Program). Subgrantee shall enforce compliance with that program.
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RESPONSIBILITIES OF THE SUBGRANTEE
A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by
implementing the Operational Plan contained in this Grant Agreement.
B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and
within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant
Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly
Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for
Reimbursement (RFR).
C. Attend grant related training as requested by the Department
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss
problems and the schedule for grant related activities.
2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at
meetings requested by the Department.
E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed
for PI&E activities must be included in the budget.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the
Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy
this requirement..
G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for
work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state
funds.
I. Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form
should include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone
identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest
made, officer and supervisor signatures.
J. All STEP agencies must provide the following provision in all daily activity report forms:
"I understand that this information is being submitted to support a claim against a federally-funded grant program.
False statements on this form may be prosecutable under 18 USC 1001. This information on this form is true, correct,
and complete to the best of my knowledge and ability."
The above language should be added to the activity reports immediately above the signature lines of the officer and
supervisor.
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K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty
unless the Subgrantee received specific written authorization from the Department, through eGrants system
messaging, prior to incurring costs.
L. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is
scheduled to end, the officer can continue working under the grant to complete that arrest.
M. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in
place, a policy should be implemented, and a copy maintained for verification during the grant year.
N. Officers working DWI enforcement must be trained in the National Highway Traffic Safety
Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case
of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year.
For second or subsequent year grants, all officers working DWI enforcement must be SFST trained.
O. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when
necessary.
P. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas
Web site at www.buckleuptexas.com.
Revised: 11/07/2017
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RESPONSIBILITIES OF THE DEPARTMENT
A.Monitor the Subgrantee's compliance with the performance obligations and
fiscal requirements of this Grant Agreement using appropriate and necessary
monitoring and inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. e-mails and letters
5. quarterly review meetings
6. eGrants
B.Provide program management and technical assistance.
C.Attend appropriate meetings.
D.Reimburse the Subgrantee for all eligible costs as defined in the project
budget. Requests for Reimbursement will be processed up to the maximum
amount payable as indicated in the project budget.
E.Perform an administrative review of the project at the close of the grant period
to:
1. Ascertain whether or not the project objectives were met
2. Review project accomplishments (performance measures completed,
targets achieved)
3. Account for any approved Program Income earned and expended
4. Identify exemplary performance or best practices
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GOALS AND STRATEGIES
To increase effective enforcement and adjudication of traffic safety-related
Goal:
laws to reduce crashes, fatalities, and injuries.
Increase and sustain high visibility enforcement of traffic safety-related
Strategies:
laws.
Increase public education and information campaigns regarding
enforcement activities.
To reduce the number of alcohol impaired and driving under the influence
Goal:
of alcohol and other drug-related crashes, injuries, and fatalities.
Strategy:Increase and sustain high visibility enforcement of DWI laws.
Goal:To increase occupant restraint use in all passenger vehicles and trucks.
Increase and sustain high visibility enforcement of occupant protection
Strategy:
laws.
Goal:To reduce the number of speed-related crashes, injuries, and fatalities.
Strategy:Increase and sustain high visibility enforcement of speed-related laws.
To reduce intersection-related motor vehicle crashes, injuries, and
Goal:
fatalities.
Increase and sustain high visibility enforcement of Intersection Traffic
Strategy:
Control (ITC) laws.
Goal:To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities.
Increase and sustain high visibility enforcement of state and local
Strategies:
ordinances on celluar and texting devices.
Increase public information and education on Distracted Driving related
traffic issues.
X
I agree to the above goals and strategies.
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BASELINE INFORMATION
Baseline Definition:A number serving as a foundation for subgrantees to measure
pre-grant traffic enforcement activity.Baseline information must be provided by the
subgrantee in order to identify local traffic enforcement related activity.This
information should exclude any activity generated with STEP grant dollars.Once the
baseline is established, these figures will be used to compare subsequent year's local
and grant traffic enforcement activity.
Note:Baseline data used must be no older than 2017.
Baseline Year (12 months)From10/1/2018To9/30/2019
Baseline MeasureArrests/CitationsWritten WarningsKA Crashes
Driving Under Influence (DUI)25505
Speed 34917050
Safety Belt35212
Child Safety Seat120
Intersection Traffic Control (ITC)302584
Distracted Driving Citations0110
Other Elements45895131
If you have additional attachments, provide them on the "Attachments" page.
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LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
Target
Objective/Performance MeasureNot Applicable
Number
Reduce the number of Driving Under Influence
3
(DUI) crashes to
Reduce the number of Speed-related crashes to1
Reduce the number of Safety Belt-related crashes
0
to
Reduce the number of Child Safety Seat-related
0
crashes to
Reduce the number of ITC-related crashes to4
Reduce the number of Distracted Driving-related
X
crashes to
Number of Enforcement Hours643
Note: Nothing in this agreement shall be interpreted as a requirement, formal
or informal, that a peace officer issue a specified or predetermined number of
citations in pursuance of the Subgrantee's obligations hereunder. Department
and Subgrantee acknowledge that Texas Transportation Code Section 720.002
prohibits using traffic-offense quotas and agree that nothing in this Agreement
is establishing an illegal quota.
In addition to the STEP enforcement activities, the subgrantee must maintain
baseline non-STEP funded citation and arrest activity due to the prohibition of
supplanting.
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PI&E OBJECTIVE/PERFORMANCE MEASURE
Target
Objectives/Performance Measure
Number
Support Grant efforts with a public information and education
(PI&E) program
a. Conduct presentations5
b. Conduct media exposures (e.g. news conferences, news releases,
10
and interviews)
c. Conduct community events (e.g. health fairs, booths)2
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OPERATIONAL PLAN
Zone Name
Zone 2
:
Zone4 linear Miles on Spencer Hwy at Luella east to Underwood, South to W.
Location : Fairmont Parkway, east to Driftwood.
Zone
Hours :
Zone Heat
https://www.dot.state.tx.us/apps/egrants/_Upload/943618_337651-
Map :
Zone2CombinedMaps.pdf
(attach)
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OPERATIONAL PLAN
Zone
Zone 3
Name :
Zone 3 is four square miles starting at the northeast corner, (100 W. Main
Street and 100 S. Broadway), traveling west to the northwest corner of (100
S. 16th Street and 1600 W. Main street), traveling south to McCabe Road
then east on to the southbound on-ramp of South SH 146 continuing to the
Zonesouthern city limits at 3200 S. SH 146, this is the southwest boundary.
Location Officers would travel south on SH 146 to make the U-turn onto SH 146
:returning to the southern zone boundary of SH 146 or travel east to on
Shore Acres Blvd. to Bussiness 146 (S. Broadway) in order to return to the
southeast boundary at the 3200 Block of Business 146 (S. Broadway). The
zone includes 100-3200 S. SH 146, 100 -1600 W. Fairmont Parkway, 100 -
1600 McCabe Road.
Zone
Hours :
Zone
https://www.dot.state.tx.us/apps/egrants/_Upload/969086_337651-
Heat Map
Zone3CombinedMaps.pdf
:(attach)
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BUDGET SUMMARY
Budget CategoryTxDOTMatchTotal
Category I -Labor Costs
(100)Salaries:
$36,997.50$0$36,997.50
(200)Fringe Benefits:$0$10,462.89$10,462.89
Sub-Total:$36,997.50$10,462.89$47,460.39
Category II -Other Direct Costs
(300)Travel:
$0$0$0
(400)Equipment:$0$0$0
(500)Supplies:
$0$0$0
Contractual
(600)$0$0$0
Services:
Other
(700)$0$0$0
Miscellaneous:
Sub-Total:
$0$0$0
Total Direct Costs:
$36,997.50$10,462.89$47,460.39
Category III -Indirect Costs
Indirect Cost
(800)
$0$0$0
Rate:
Summary
Total Labor Costs:$36,997.50$10,462.89$47,460.39
Total Direct
$0$0$0
Costs:
Total Indirect
$0$0$0
Costs:
Grand Total
$36,997.50$10,462.89$47,460.39
Fund Sources
77.95%22.05%
(Percent Share):
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
Egrants.
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exas Traffic Safety eGrants
Fiscal Year 2021
Organization Name: City of La Porte Police Department
Legal Name: City of La Porte
Payee Identification Number: 17460015526006
Project Title: STEP Comprehensive
ID: 2021-LaPorte-S-1YG-00054
Period: 10/01/2020 to 09/30/2021
City of La Porte
STEP Comprehensive
Texas Department Of Transportation - Traffic Safety
Electronic Signature Authorization Form
This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID
listed at the bottom of the page.
Name Of Organization: City of La Porte
Project Title: STEP Comprehensive
Authorizing Authority
The signatory of the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that
she/he has full and complete authority to enter into the agreement on behalf of the
organization. I authorize the person(s) listed under the section "Authorized to
Electronically Sign Grant Agreements and Amendments" to enter into an agreement
on behalf of the organization.
Name:
Corby Alexander
Title:
City Manager
Signature:
Date:
Under the authority of Ordinance or
Resolution Number (if applicable)
Authorized to Electronically Sign Grant Agreements and Amendments
List Subgrantee Administrators who have complete authority to enter into an
agreement on behalf of the organization.
Print Name of Subgrantee Administrator in
Title
TxDOT Traffic Safety eGrants
1.
Bennie BolesGrant Administrator
2.
Steve Deardorff Chief of Police
3.
Corby AlexanderCity Manager
2021-LaPorte-S-1YG-00054
Printed On: 7/28/2020
City of La Porte
STEP Comprehensive
City of La Porte
STEP Comprehensive
2021-LaPorte-S-1YG-00054
Printed On: 7/28/2020
2021-LaPorte-S-1YG-00054
Printed On:
7/28/2020
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:001-General Fund
Requested By:Lisa Camp, Chief
Department:EMS
Account Number:001-5059-522-5005
Amount Budgeted:$17,400.00
ReportResolutionOrdinance
Amount Requested:$17,400.00
Exhibits:New contract
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The contract between Dr. Oscar Boultinghouseand the City of La Porte to serve as
Medical Director for theCity of La Porte EMS Division expires on September 30, 2020.
Therefore, staff has been working with a Dr. Boultinghouse on a contract renewal. The
contract renewal period is October 1, 2020 through September 30, 2023. The renewal
fee is same as the last contract period with no increase requested. The City will pay Dr.
Boultinghouse an aggregate compensation at a twelve(12)month rate of $17,400.00.
EMS Medical Directors are a covered party under the TML Incidental Medical
Malpractice Liability Coverage plan.As of August 2020, Dr. Boultinghouse has been
the EMS Medical Director for the City of La Porte for 23 years. He has done an
outstanding job in that capacity. His response to La Porte EMS needs are timely and of
high quality.Therefore, staff recommendsthat the City Council approve the contract
October 1, 2020 to September 30, 2023.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possible approve to authorize the City Manager to execute a
contract with Dr. Oscar Boultinghouse, M.D., Medical Director for the City of La Porte
EMS Division from October 1, 2020 through September 30, 2023
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
CONTRACT FOR MEDICAL DIRECTOR
DEPARTMENTOF EMERGENCY MEDICAL SERVICES
CITY OF LA PORTE, TEXAS
This Contract entered into this the 1st day of October, 2020, by and between the
City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and
throughitsduly authorized City Manager, and Dr. Oscar Boultinghouse, M.D.,
(hereinafter sometimes called "Dr. Boultinghouse"),
WITNESSETH:
WHEREAS, there is a recognized need to provide high quality emergency
medical services and related medical care in the City of La Porte, Texas; and
WHEREAS, the City desires to provide medical direction for its Departmentof
Emergency Medical Services through the use of a licensed physician; and
WHEREAS,the City desires to contract with Dr. Boultinghouse to serve as
Medical Director for the Departmentof Emergency Medical Services of the City and Dr.
Boultinghouse is willing to serve as Medical Director under the terms and conditions
stated herein;
NOW, THEREFORE, in consideration of the premises, the agreements herein
contained and other and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
Page 1
I.
MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City
as an independent contractor to serve as Medical Director of the Departmentof the
Emergency Medical Services of the City (the "Medical Director") for the term stated
below.
II.
RESPONSIBILITIES AND AUTHORITY OF MEDICAL DIRECTOR:
The responsibilities and authority of the Medical Director shall be as follows:
A. General
(1) Ultimate responsibility for all medical issues concerning the City Departmentof Emergency
Medical Services.
(2) The authority to make decisions affecting all medical aspects of the City Departmentof
Emergency Medical Services.
(3) Being responsible to but not governed by the EMS Chief of the City of La Porte.
(4) Inspect, evaluate and make recommendations regarding medical equipment purchased by the City
Departmentof Emergency Medical Services.
B. Education
Responsibility for developing, implementing and participating in continuing education and
recertification programs for paramedics employed by the City.
C. Evaluation
(1) Responsibility for devising a system of ongoing review and education of
paramedicalservices rendered by the City Departmentof Emergency Medical Services and
providing rapid feedback to the paramedics.
Page 2
D. Personnel
(1) Ultimate responsibility for evaluating the competency of all paramedics employed by
the City. The Medical Director shall have the authority to revoke any paramedics from their
authorization to utilize protocols/standing orders.
(2) All paramedics employed by the City must first be authorized by the Medical Director before
being permitted to utilize established protocols/standing orders.
E. Community Liaison
(1) Provide liaison with the medical community; respondto questions from physicians about the City
Departmentof Emergency Medical Services.
(2) Provide public information as necessary about the medical aspects of emergency medical
services provided by the City Departmentof Emergency Medical Services;respond to medical
questions from the media and the public.
(3) Make appearances as reasonably necessary to educate those using the emergency medical system
about its function.
F. Protocols/Standing Orders
Develop and revise standing orders to be used by paramedics in the field, monitor their use and make
adjustments based on experience with these standing orders.
G. The Medical Director shall devote such of their time as is reasonably needed to fulfill the
responsibilities and duties of the Medical Director of the City Departmentof Emergency Medical
Services under the terms of this Contract. It is understood that the Medical Director will continue to
engage in private medical practice while not performing duties under this Contract.
III.
Term -The term of this Contract shall be for a period commencing as the date
hereof and ending on the 30th day of September, 2023or if sooner, with
the first to occur of the following:
Page 3
A. The death of Dr. Boultinghouse; or
B. Ninety (90)days following written notice by the City or by Dr. Boultinghouse; provided, however,
that prior to any written notice of termination under this Section 3B by the City because of
dissatisfaction with Dr. Boultinghouse's performance as Medical Director under this Contract, the
City shall convene a meeting pursuant to written notice to the Medical Director setting forth the basis
for such dissatisfaction. At the meeting, which shall be held no sooner than fifteen (15) days
following such written notice, the parties shall attempt to resolve any disagreements and conflicts.
The City shall be represented by the City Manager or his designee, at the meeting.
th
Thiscontract shall remain in effect after the 30day of September, 2023until canceled by either party
hereto giving ninety (90) days written notice to the other party hereto.
IV.
Insurance -Throughout the term of this Contract, the City shall provide the
Medical Director with a policy on the minimum limits of three million dollars
($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate
which covers the performance of their administrative duties as Medical Director. The
insurance policy shall provide that the City and the Medical Director shall be given thirty
(30) days written notice prior to any cancellation of this insurance.
V.
Compensation -In consideration for rendering the services of Medical Director
under the terms of this Contract, the City shall pay aggregate compensation at a
twelve month rate ofSeventeenThousand Four Hundred Dollars ($17,400.00).
Page 4
VI.
Independent Contractor -This Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture, since the intent is that
Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall
hold himself or itself out or act as an agent of any other party with respect to third parties
in any way.
VII.
Governing Law -This Contract shall be governed in accordance with the laws of
TheState of Texas and shall be performable in Harris County, Texas.
IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized
representative of the City of La Porte have executed this Contract as of the date and year
first above written.
CITY OF LA PORTE
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
_________________________ _________________________
Corby D.Alexander Dr. Oscar Boultinghouse, M.D.
City Manager Harris County, Texas
City Of La Porte
_________________________ _________________________
Date Date
Page 5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:N/A
Requested By:Lisa Camp, Chief
Department:EMS
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:New EMS agreement with Bayport
Budgeted Item:YesNo
Companies and Map of Bayport EMS service area
SUMMARY& RECOMMENDATION
The contract renewal between the City of La Porte EMS and the Association of Bayport
Companies (ABC) for Emergency Medical Service for a period of thirty-six (36) months
expires on September 30, 2020. Bayport Industrial District is the area located south of
Fairmont Parkway.The new three year (2020-23)agreementis calculated at a rate of
$42.49 per employee, per year. This is an increase of $12.72 per employee per year
over thgreement rate. The total agreement amount
invoiced will be based on an Average Daily Population at each company. Companies
that elect to not participate in the agreement will be assessed a $5,000 per response
Non-Member fee.The new agreement will begin on October 1, 2020 and expire on
September 30, 2023.
Agreement History:
The Bayport Industrial District occupies the unincorporated area south of Fairmont
Parkway mostly between the Union Pacific Railroad just west of Hwy 146 and Red Bluff
Road with a small portion located east of Hwy 146 on Port Road. The City of La Porte
began entering into a contract for feebased EMS coverage for this area in 1984 due to
La Porte being the closest EMS resource to the area.
The La Porte EMS agreement fees are based on the following customary formula:
Total EMS operating budget divided by the current La Porte population equals
the per capita fee. A 10% administrative fee is then added to the per capita fee
along with any associated Capital Improvement Project fees that are divided out
over a specified time period and include an additional 10% administrative fee.
This fee amount is then divided by 3 due to the average worker only being
present at work a third of the day.
Contractual History:
Fiscal Year2017-182018-192019-20
# 911 Responses8390*56
# Members 444240
# Non-818492
Contract Revenue$144,060$151,432$131,206
Patient Revenue$40,701$36,000$26,000 *
Total Revenue$184,761$187,432$157,206*
*Partial year reporting
EMS has an average transport rate of 50% and only charges for patients that are
transported or treated above and beyond a set of vitals and any needed bandaging and
splinting.
Staff recommends that City Council approve the City Manager to execute the submitted
contract for providing Emergency Medical Service to the companies and arealocated
within the Bayport Industrial District.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly authorize the City Manager to execute an agreement
with the Association of Bayport Companies and area located within the Bayport
Industrial District for the City of La Porte EMS to provide EMS coverage from October
1, 2020 through September 30, 2023.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
LETTER AGREEMENT
STATE OF TEXAS γ
γ
COUNTY OF HARRIS γ
THIS LETTER AGREEMENTmade and entered into by and between the CITY OF LA PORTE, a
municipal corporation, of Harris County, Texas, hereinafterreferred to as "LA PORTE"; and the ASSOCIATION
OF BAYPORT COMPANIES, INC., a Texas non-profit corporation, hereinafter referred to as "A.B.C.",
W I T N E S E T H:
WHEREAS, A.B.C is in need of certain Emergency Medical Services for the benefit of the people inits
Service Area,
agreement for Emergency Medical Service with any other such city; and
WHEREAS, LA PORTE is able and willing to provide said governmental services to A.B.C., upon the
terms, conditions, and covenants herein contained:
I.
GENERAL PROVISIONS
For and during the year beginning on the 1st day of October, 2020, and ending on the 30th day of
September, 2023, LA PORTE agrees to furnish to A.B.C., the emergency medical services hereinafter more
specifically described. This agreement shall remain in effect after September 30, 2023, until cancelled by either
party hereto giving ninety (90) days written notice to the other party.
II.
For and in consideration of the emergency medical services to be provided by LA PORTE, A.B.C. agrees to
pay LA PORTE the sum of Forty TwoDollars &Forty NineCents($42.49) per on-site employee of the
ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised within the Service Area, per year. Such
payment shall be made annually before the 1st day of October1, 2020 of each year of the agreementperiod. The
employee count, which A.B.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and
Six Thousand (6,000) on an annual basis, shall be based upon the number of full-time equivalent, on-site
employees and shall include the number of recurring-contract workers (such as maintenance contracts that are used
for scheduled plant maintenance). The number of covered personnel is to be provided by each individual plant
within the Service Area and furnished by A.B.C. for the computation of the annual fee, which shall occur on or
before October 1, 2020. A.B.C. shall furnish to LA PORTE said census count furnished to them during the month
of September during each year of this contract.
A.B.C. shall immediately notify LA PORTE of the addition of any newcompany to its membership, and
the employee count, as herein defined, of such new member company.
A member company of A.B.C. which is in default of its payments to A.B.C. and LA PORTE hereunder,
shall be subject to -ive Thousand Dollars ($5000.00) per EMS response as provided in
III.
LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. LA PORTE shall
transport patients to one of the nearest hospitals providing emergency services that is defined by the ransport
Policyof the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each
patient, its most current and customary Emergency Medical Service charges as adopted by City Council.
IV.
Sole discretion will rest with the LA PORTE Chiefof Emergency Medical Services, or his/herduly
authorized assistants, as to the personnel and equipment that will answer each emergency medical services request,
provided, emergency medical services protection will be adequate (meaning reasonable protection, considering
available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and
equipment to provide emergency medical services within the corporate limits of the City of La Porte.
V.
COMPLIANCE WITH LAW AND ORDINANCES
LA PORTE agrees to operate the ambulances in accordance with the requirements of State and Federal law,
and applicable municipal or county ordinances,as the same now exist, and as may be amended from time to time
hereafter.
VI.
LIABILITY INSURANCE
During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full
force and effect, public liability insurance on each of its ambulance units, and professional liability insurance
(malpractice insurance) on each of its employees administering patient care, with minimum limits of $100,000.00
for each single occurrence for injury to or destruction of property; $100,000.00 for each person; and $300,000.00
for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA
PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of
$100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for each person;
$300,000.00 for each single occurrence for bodily injury or death; and uninsured and under-insured motorists
coverage providing at least $100,000.00 for each person, and $300,000.00 for each single occurrence for bodily
injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of
liability limits established in the Texas Tort
Claims Act, Section 101.001 et seq, of the Texas Civil Practice and Remedies Code, in cases where said Act is
2
applicable. LA PORTE shall file certificates of insurance coverage with A.B.C. during the terms of this Contract
and any extension thereof. On all said insurance policies, A.B.C. shall be named as an additional insured.
VII.
REVOCATION OF AGREEMENT
Either A.B.C.or LA PORTE may cancel this Agreement, without cause, after giving at least ninety (90)
days written notice to the non-canceling party. Such notice shallbe sent by LA PORTE to A.B.C. at Post Office
Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by A.B.C. to LA PORTE at 604 West Fairmont
Parkway, La Porte, Texas 77571.
VIII.
TERM
This Agreementshall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2020, and
shall remain in full force and effect until midnight on the 30th day of September, 2023, unless otherwise cancelled
as provided in paragraph VII above. This Agreementis entered into subject to the Charter and Ordinances of the
City of La Porte, and all applicable state and federal laws.
IX.
This Agreement constitutes the entire agreement between the parties and supersedes all prior
contemporaneous communications or agreements, written or oral. This Agreementmay be amended only by a
written instrument signed by all parties.
This Agreementshall be governed by and construed in accordance with the laws of the State of Texas.
EXECUTED IN DUPLICATE ORIGINALS, as of this the ___ day of ____________, 2020.
3
CITY OF LA PORTE
By: ___________________________
Corby D. Alexander
City Manager
ATTEST:
_________________________
Lee Woodward,
City Secretary
ASSOCIATION OF BAYPORT
COMPANIES, INC.
By: ___________________________
President
ATTEST:
_________________________
Megan Weaver,
Secretary
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MAP PREPARED JUNE 2020
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GEOGRAPHIC DATA WORKGROUP.
Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground
survey and represents only the approximate relative location of property boundaries.
Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy
of this product or to its fitness for a particular purpose.
The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability
arising from such use.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:N/A
Requested By:Lisa Camp, Chief
Department:EMS
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:New EMS agreement with Battleground
Budgeted Item:YesNo
Industrial Districtand Map of Battleground Industrial
DistrictEMS service area
SUMMARY& RECOMMENDATION
The contract renewal between the City of La Porte EMS and the companies located
within the Battleground Industrial District (North of Hwy 225 between Battleground
Road and Hwy 146)for Emergency Medical Service for a period of thirty-six (36) months
expires on September 30, 2020.The new three year (2020-23)agreement is calculated
at a rate of $42.49 per employee, per year. This is an increase of $13.12per employee
per year over thgreement rate. The total agreement
amount invoiced will be based on an Average Daily Population at each company.
Companies that elect to not participate in the agreement will be assessed a $5,000 per
response Non-Member fee.The new agreement will begin on October 1, 2020 and
expire on September 30, 2023.
Agreement History:
The Battleground Industrial District occupies the area north of Hwy 225 located within
based EMS coverage for this area effective October 1, 2006. EMS services were
provided free of charge prior to October 1, 2006. The City Council directed the EMS
Chief to start charging the Battleground Industrial District,which is consistent with how
we charge the Association of Bayport Companies for EMS services.
The La Porte EMS agreement fees are based on the following customary formula:
Total EMS operating budget divided by the current La Porte population equals
the per capita fee. A 10% administrative fee is then added to the per capita fee
along with any associated Capital Improvement Project fees that are divided out
over a specified time period and include an additional 10% administrative fee.
This fee amount is then divided by 3 due to the average worker only being
present at work a third of the day.
Contractual History:
Fiscal Year2017-182018-192019-20
# 911 Responses4442*32
# Members 272627
# Non-394039
Contract Revenue$54,099$77,154$87,317
Patient Revenue$17,600$15,079$12,000*
Total Revenue$71,699$92,233$99,317*
*Partial year reporting
EMS has an average transport rate of 50% and only charges for patients that are
transported or treated above and beyond a set of vitals and any needed bandaging and
splinting.
Recommend that council approve the City Manager to execute the submitted
agreement letter for providing Emergency Medical Service to the companies located
within the Battleground Industrial District.
Staff recommends that City Council approve the City Manager to execute the submitted
agreement letter for providing Emergency Medical Service to the companies located
with the BattlegroundIndustrial District.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly authorize the City Manager to execute an agreement
with the companies located within the Battleground Industrial District for the City of La
Porte EMS to provide EMS coverage from October 1, 2020 through September 30,
2023.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
LETTER AGREEMENT
This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal
_____________________________________, a private industrial operation and/or business located within the
COMPANY is in need of emergency medical services for the benefit of the people and property located
expressed its willingness to provide such emergency medical services to COMPANY, upon the terms,
conditions, and covenants described as follows:
st
1) It is hereby agreed that for and during the year beginning on the 1day of October, 2020, and ending
th
on the 30day of September, 2023, LA PORTE will furnish to COMPANY emergency medical services
consisting of ambulance / Paramedicresponse and assistance, and transportation to hospitals, as necessary.
2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as
defined by the ransport Policyof the City of La Porte Emergency Medical Services, a copy of which is
available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its
most current and customary Emergency Medical Service charges as adopted by City Council, and codified in
the La Porte Code of Ordinances Chapter 30, Appendix A.
3)For and in consideration of the governmental services to be provided by LA PORTE under this letter
agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service
invoice, which will be forwarded to COMPANY.The annual fee to be assessed on the ambulance service
invoice shall be based on a $42.49per person fee,and shall bepaid in full by the facility or business to LA
PORTE, annually on or before the 1st day of January.
4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an
cost adjustment. The formula for cost of services under this agreement shall be calculated by multiplying the
negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and
adjustment annually, based on changes to ADP, commencing October 1, 2020.
5)A COMPANY which is in default of-
ve Thousand Dollars ($50
Medical Service Fee Ordinance,codified in the La Porte Code of Ordinances Chapter 30, Appendix A.LA
PORTE will forward an invoice to COMPANY within 30days after the rendering of any service to which the
-
6)Sole discretion will rest with the LA PORTE Chief of Emergency Medical Services, or his duly
authorized assistants, as to the personnel and equipment that will answer each emergency medical services
request, provided, emergency medical services protection will be adequate (meaning reasonable protection,
mergency Medical Services) and dispatch of
personnel and equipment to provide emergency medical services within the corporate limits of the City of La
Porte.
7) LA PORTE agrees to operate itsambulancesin accordance with the requirements of the State and
Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended
from time to time hereafter.
8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in
fullforce and effect, public liability insurance on each of its ambulance units, and professional liability
insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of
($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person;
Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on
the ambulances, with at least maximum limits of ($100,000.00) for each single occurrence for injury to or
destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily
injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each
person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing,
LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort
Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is
applicable.
st
9) This agreement shall become effective at 12:00 A.M. Central Time, on the 1day of October, 2020
and shall remain in full force and effect until the30th day of September, 2023unless otherwise canceled as
provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the
City of La Porte, and all applicable state and federal laws.
10) This agreement shall remain in effect after September 30, 2023until canceled by either party hereto
giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may
cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by
LA PORTE to COMPANY at ________________________________________________________. Such
notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571,
Attention: City Manager.
11) This agreement constitutes the entire agreement between the parties and supersedes all prior
contemporaneous communications or agreements, written or oral. This agreement may be amended only by a
written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of
the State of Texas.
2
EXECUTED IN DUPLICATE ORIGINALS, as of this the ___________ day of _______________,
20___.
Agreed to by the CITY OF LA PORTE
By: ___
Corby D.Alexander,City Manager
Attest: _______________________________
Lee Woodward,City Secretary
Agreed to by COMPANY
By:
Authorized Representative
3
CITY OF LA PORTE, TEXAS
BATTLEGROUND INDUSTRIAL DISTRICT
EST. 12/27/1965, CITY OF LA PORTE ORDINANCE NO. 729
LEGEND
VOPAK
INDUSTRIAL DISTRICT BOUNDARY
PORT OF HOUSTON AUTHORITY
NAVIGATION DISTRICT
EXXON PIPELINE CORRIDOR
MITSUI
CENTERPOINT ENERGY
PARCEL
STREET
RAILROAD
VOPAK
VOPAK
TIDAL
OXY VINYLS
ROHM & HAAS
TOTAL PETROCHEMICALS
OXY VINYLS
MILLER CUT
OFF
NRG
METTON AMERICA
INEOS
TEPPCO TERMINALS
GEO SPECIALTY
SOLVAY
LYONDELL
BASELL
DOW CHEMICAL
LA PORTE
AKZO NOBEL
METHANOL
OLEFINS
LUBRIZOL
CLEAN EQUISTAR
HARBORS
LINDE
BRASKEM
LA PORTE
AIRGAS
GULBRANDSEN
METHANOL
SENTINEL
EX TEX LA PORTE
DU PONT
ANG
STR
STRANG
NOLTEX
DRAGO
GREIF BROS
13TH
INTERGULFSOUTH COAST
AIR PRODUCTS
TERMINALSAIRGAS
NOCS WEST GULF
PORTER
INVISTA
KTN
CHEVRON PHILLIPS
X
JACOBSON
D B WESTERN
DANA TANK
MONUME
NT
PRAXAIR
SAN JAC
INTO
DEAF SMITH
UNION
CARBIDE
BOIS DARC
O
M
A
AL
00.250.51
GAS INNOVATIONS
OHMSTEDE
AR
BEX
Miles
APRIL 2013
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:N/A
Requested By:Ray Mayo, Director
Department:Public Works
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Letter of Request, Table of existing and
Budgeted Item:YesNo
proposed fees, WCA Contract and amendment, CPI
Calculation
SUMMARY& RECOMMENDATION
The City of La Porte has a contract for commercial solid waste collection with Waste
Corporation of America (WCA). The contract has a provision to increase the rates each
year relative to the Consumer Price Index. The maximum increase per year is limited to
(5) five percent. The rates have remained unchanged since the contract extension in
2018. The current contract ends October 31, 2021.
WCA hassubmitted a request for a (0.3) percent increase that if approved, would take
effect on November 1, 2020. Following approval, WCA will notify commercial customers
of the rate change.
Benefits:The City has a good working relationship with WCA; complaints are
minimal.
Liabilities:If not approved, the denial could lead to arbitrationbetween the two
parties.
Current service rates and the proposed increases are still below the service rates
established in 2013. Below is the current WCA pricing compared to the proposed FY
2020-21 pricing:
Staff recommends approval of the rate change.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approvethe request from Waste Corporation of
America and allow the 0.3% cost increase to the monthly rates for commercial solid
waste.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
3131
312:
June 1, 2020
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
City of La Porte
Attn: Ray Mayo
Public Works
rd
2963 North 23St.
La Porte, TX. 77571
RE: Annual Rate Adjustment Notification
Dear Board Member,
WCA Waste Corporation is proud to be yourwaste service provider. We are committed to providing
you with the most professional and reliable service available. We hope you are pleased with our
performance and we urge you to contact us at any time with any questions or concerns that you may
have.
A component of our mutual contract allows for an annual rate adjustment on the anniversary date of
the contract based on the most recently published CPI-U Series CUUR0000SA0.The CPI-U data
rating forApril2020was256.389versus 255.548forApril2019,an increase of 0.3%.Effective
November1, 2020the current rate of services provided in your city will be increased across the
board once approved by city council.
-hauling services at a competitive
rate. Should you have any questions or require additional information, please do not hesitate to
contact me.
We appreciate the opportunity to include you as one of our valued customers and consider it our
privilege to serve you!
Sincerely,
ğƭƷĻ /ƚƩƦƚƩğƷźƚƓ ƚŅ ĻǣğƭͲ \[͵t͵ Ώ IƚǒƭƷƚƓ wĻƭźķĻƓƷźğƌ
БЎЊЎ IǞǤ Џ {ƚǒƷŷͲ IƚǒƭƷƚƓͲ Ļǣğƭ ААЉБЌ
hŅŅźĭĻʹ ЋБЊΏЌЏБΏБЌВА Ώ Cğǣʹ ЋБЊΏЎЏЊΏАЍВЏ
ǞǞǞ͵ǞĭğǞğƭƷĻ͵ĭƚƒΉIƚǒƭƷƚƓ
Trevor Royal
Municipal Sales Manager
ğƭƷĻ /ƚƩƦƚƩğƷźƚƓ ƚŅ ĻǣğƭͲ \[͵t͵ Ώ IƚǒƭƷƚƓ wĻƭźķĻƓƷźğƌ
БЎЊЎ IǞǤ Џ {ƚǒƷŷͲ IƚǒƭƷƚƓͲ Ļǣğƭ ААЉБЌ
hŅŅźĭĻʹ ЋБЊΏЌЏБΏБЌВА Ώ Cğǣʹ ЋБЊΏЎЏЊΏАЍВЏ
ǞǞǞ͵ǞĭğǞğƭƷĻ͵ĭƚƒΉIƚǒƭƷƚƓ
WCA / City of La Porte Current Pricing
1X/Week 2X/Week 3X/Week 4X/Week 5X/Week 6X/Week Extra Pick-Up
2 Yard υ ЋЋ͵ЊЉ υ ЍЋ͵ЎЋ υ ЏЉ͵ЍЏ υ АБ͵ЌВ υ ВА͵ВЌ υ ЊЋВ͵ЋЋ υ ЍЏ͵ЏЌ
3 Yard υ ЌЌ͵ЉБ υ ЏЌ͵АЊ υ ВЉ͵ЏЊ υ ЊЊА͵ЍБ υ ЊЍА͵ВЌ υ ЊАЏ͵ЊА υ ЍЏ͵ЏЌ
4 Yard υ ЍЌ͵БЋ υ БЍ͵ЌВ υЊЋЉ͵ЊЎ υ ЊЎЎ͵БЌ υ ЊВЍ͵АЎ υ ЋЌЌ͵ЏВ υ ЍЏ͵ЏЌ
6 Yard υ ЏЎ͵ЎЊ υ ЊЋЏ͵ЌЌ υ ЊАВ͵ЏВ υ ЋЌЌ͵ЊЉ υ ЋВЊ͵ЌЋ υ ЌЍВ͵ЎБ υ ЍЏ͵ЏЌ
8 Yard υ БА͵ЋА υ ЊЏБ͵ЌЋ υ ЋЌВ͵ВЍ υ ЌЊЉ͵АЋ υ ЌББ͵ЌВ υ ЍЏЏ͵ЉЋ υ ЍЏ͵ЏЌ
WCA / City of La Porte 2020/2021 Proposed Pricing
1X/Week 2X/Week 3X/Week 4X/Week 5X/Week 6X/Week Extra Pick-Up
2 Yard υ ЋЋ͵ЊА υ ЍЋ͵ЏЎ υ ЏЉ͵ЏЍ υ АБ͵ЏЌ υ ВБ͵ЋЋ υ ЊЋВ͵ЏЊ υ ЍЏ͵АА
3 Yard υ ЌЌ͵ЊБ υ ЏЌ͵ВЉ υ ВЉ͵ББ υ ЊЊА͵БЌ υ ЊЍБ͵ЌА υ ЊАЏ͵АЉ υ ЍЏ͵АА
4 Yard υ ЍЌ͵ВЎ υ БЍ͵ЏЍ υ ЊЋЉ͵ЎЊ υ ЊЎЏ͵ЌЉ υ ЊВЎ͵ЌЌ υ ЋЌЍ͵ЌВ υ ЍЏ͵АА
6 Yard υ ЏЎ͵АЊ υ ЊЋЏ͵АЊ υ ЊБЉ͵ЋЌ υ ЋЌЌ͵БЉ υ ЋВЋ͵ЊВ υ ЌЎЉ͵ЏЌ υ ЍЏ͵АА
8 Yard υ БА͵ЎЌ υ ЊЏБ͵БЋ υ ЋЍЉ͵ЏЏ υ ЌЊЊ͵ЏЎ υ ЌБВ͵ЎЏ υ ЍЏА͵ЍЋ υ ЍЍ͵АА
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Requested By:Source of Funds:
Kristin Gauthier, Coordinator
Department:
Office of Emergency Management
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:Interlocal Grant Agreement and Coronavirus ReliefFund
Budgeted Item:YesNo
(CRF) Small Cities Terms and Conditions
SUMMARY& RECOMMENDATION
In response to COVID-19, the Coronavirus Relief Fund (CRF) was established by the
CARES Act, which appropriated $150 billion to help state and local governments address
the economic impacts of the coronavirus. Counties and cities in Texas with a population
greater than500,000 received a direct CRF allocation from the U.S. Treasury. Smaller
cities (under 500,000) within those larger counties are expected to receive a CRF funding
allocation through the County government. The State of Texas is managing allocations to
all other Texas counties and cities with a population less than 500,000. HarrisCounty has
established a program to provide appropriate reimbursement of Coronavirus Relief Funds
(CRF) to the respective small cities within the county. Under the Harris County COVID-
19 Funding Response Plan, the County approved up to $28.5 million in support of
municipal government response to COVID-19.
The purpose of the Harris County COVID-19 Small Cities Assistance Program is to provide
financial assistance for cities with a population less than 500,000. The programwill allow
Cities to take advantage of funding of up to $55 per capita, provided the City meets County
requirements. Based on 2018 census population data, the CRF allocation for La Porte is
a maximum of$1,948,265. As a first step, the City must execute theattachedSub-
Recipient Agreementfor administration of the CRF funding under the CARES Act, and
associated Exhibits, and comply with all the terms and conditions.CRF funding can be
used for a variety of expenses, including but not limited to: emergency medical response,
medical supply acquisition and distribution, disinfection of public areas, COVID dedicated
payroll expenses, hazard pay, food delivery to residents, improvement of telework
capabilities, paid sick and medical leave, provision of grants to small businesses, and
other COVID-19 related expenses.
The CARES Act provides that payments from the Fund may only be used for costs that:
1.Are necessary expenditures incurred due to the public health emergency with respect
to COVID-19;
2.Were not accounted for in the budget most recently approved as of March 27, 2020
(the date of enactment of the CARES Act) for the State orlocal government; and
3.Were incurred during the period that begins on March 1, 2020 and ends on December
30, 2020.
Since theDeclaration of Local Disaster was originally issued for La Porte on March 11,
2020, Office of Emergency Management staff have been working with Finance
and each department to track all costs the City has incurred as a result of COVID-19. To
manage CRF funding, staffhas recently established biweekly meetings (or more frequent,
as needed) to discuss potential CRF projects and develop a plan for implementation.
Some expenses are also eligible for reimbursement under the FEMA Public Assistance
(PA) Program. To maximizeCRF funding for the City, staff will also seek reimbursement
through FEMA for all expenses that are eligible under the PA Program. All eligible costs
under Harris must be expended by December
30, 2020.
Small Cities Assistance Program Overview:
Potential Projects:
Currently, staff isreviewing the belowlist of projects for consideration. The Emergency
CRF Small Cities
Assistance Program Team to determine whether or not each project is eligible for
reimbursement. A portion of the CRF funds will be used to cover the 25% match of the
FEMA Public Assistance Program.
Expenses that are ineligible under the FEMA Public Assistance Program
Hazard Pay
Small Business Grant Program
Resident Relief Fund (if eligible)
COVID-19 Related Paid Sick and Medical Leave Costs
Replace all remaining desktop computers in the City with laptops
Cover the additional, unforeseen costs associated with the November election
Staff recommends approval of an Interlocal Grant Agreement and Coronavirus Relief
Fund (CRF) Small Cities Terms and Conditions between Harris County and the City of La
Porte.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss, and possibly approveanInterlocal Grant Agreement and
Coronavirus Relief Fund (CRF) Small Cities Terms and Conditions between
Harris County and the City of La Porte.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:
Requested By:Lee Woodward
Department:City Secretary
Account Number:001-6067-510-6004
Amount Budgeted:$10,000-$30,000
ReportResolutionOrdinance
Amount Requested:$53,063.27
Exhibits:Aug. 14 cost estimate from Harris County
Budgeted Item:YesNo
Partially
SUMMARY& RECOMMENDATION
On August 5 and 14, Harris County providedupdated cost estimatesfor
portion of the November election of $53,063.27. The 60% deposit, of $31,837.96, is due Sept.
7.
Theseoverall cost estimatesfor the entire election aretriple that of the June 16 estimate.In
June, the cost estimate included around 35 entities, which has increased to a potential of up to
100. Since June, the Governor has extended early voting by an additional week. In July, at the
primary runoff election, Harris County offered extended voting hours in the evening, in addition
to the fact that they were already providing extended 7a.m.-7p.m. hours daily, which they
reported positive feedback for. They have notified the City they hope to offer the extension
againin the November election, potentially providing voting until 10 p.m. on some evenings in
the last week of early voting.They are considering a 24-hour polling location at NRG for the
last Thursday of early voting.The Harris County Commissioners Court will consider the final
polling location schedule on Tuesday, August 25.
County Clerk Chris Hollins and Elections Administrator Michael Winn have repeatedly
emphasized their intent to ensure a safe election process in relation to COVID-19 concerns.
They haveset staffing levels at polling locations(100 locations for early voting and 800 on
election day)to meet this need. Curbside voting by voters will probably also showincreased
utilizationandwould have been taken into consideration.
Additionally, the mail ballot cost estimates from June to Augustmoved from$2.245 M originally
to $12.3 M.
Entities have until September 7 toprovidecontractsand deposits toHarris County. Higher
levels of participation may increase overall election costs but also spread the burden of shared
costs.Turnout is expected to be very high for the federal election. Other area cities are reporting
cost estimates greater than they anticipated or have experienced in prior years.
Staff recommends payment of the election expenses to Harris County.
ACTION REQUIRED BY CITY COUNCIL
Approve election expenditures for the Harris County election services contract.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:August 24, 2020
Source of Funds:
Requested By:Mayor Louis Rigby
Department:City Council
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:None
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
At theregular August 10, 2020 City Councilmeeting, Council approved the appointment
of a Charter Review Committee, composed of members nominated (one each) by the
members of the La Porte City Council. Additionally, Council noted that the Committee
will elect its own chairpersonand will be charged with meeting on a schedule to allow
the City Council to consider proposed amendments (if any) and call a May 2021 charter
special election.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve the City Council appointments to the 2020
Charter Review Committee.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate