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HomeMy WebLinkAbout11-09-20 Regular Meeting of the La Porte City Council (2) 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 OCTOBER26, 2020 The City Council of the City of La Portemet in a regularmeetingonMonday, October26, 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, Brandon Lunsford, Steve Gillett, Danny Earp,Chuck Engelken, Bill Bentley, Thomas Garza(left at 6:03p.m.),Jay Martin, Nancy Ojeda Councilpersons attending remotely: None 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 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 said he was exempted from wearing a face covering for medical reasons and would not be wearing one. The Mayorasked the Sergeant-at-Arms to remove Councilperson Garza. Councilperson Garza moved that the Council oppose, which he termed asillegal. 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 Pastor Ben Rosenberger, Bayshore BaptistChurch, and pledgeswere led by CouncilpersonBill Bentley. 3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a.Proclamation in recognition of the Ladies Reading Club of La Porte's 120th anniversary. \[Mayor Rigby\] b.Recognitionof Johnny Morales as Employee of the Quarter \[Mayor Rigby\] 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.) Angela Tellez of Amegy Bank thanked the Council for being allowedto attendthe meeting. 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 City Council meeting held on October 12, 2020.\[Louis R.Rigby, Mayor\] b.Approve Resolution 2020-25 adopting the 2020 Parks, Recreation and Open Space Master Plan. \[Rosalyn Epting, Director of Parks & Recreation\] c.Adopt Resolution 2020-26 authorizing the City Manager to sign the TXDOT IDM grant award and other documents for the TXDOT Impaired Driving Mobilization STEP Grant. \[Steve Deardorff, Chief of Police\] Page 1of 3 October26, 2020,Council Meeting Minutes d.Authorize the City Manager to execute a Member Services Agreement with Channel Industries Mutual Aid (CIMA) to provide assistance, when requested, for firefighting, rescue, hazmat or emergency medical services in emergency situations. \[Carl Holley, Fire Chief\] e.Approve a banking depository services agreement with Amegy Bank. \[Michael Dolby, Finance Director\] f. Approve purchases for Vehicle and Equipment Replacement purchase for the FY 2020-21 budget year through Texas BuyBoard Cooperative Purchasing Program. \[Ray Mayo, Public Works Director\] Mayor Pro Tem Engelken moved to approve the consent agenda; the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. The Council adjourned into executive session on item 9c at 6:18 p.m. The Council reconvened into open session at 6:59 p.m. Mayor Pro Tem Engelken moved to direct the outside counsel to file an appeal of decision of October 22; the motion was seconded by Councilperson Earp; the motion was adopted, 8-0. 6. STATUTORY AGENDA a.Presentation, discussion, and possible action to approve the updated CRF Funding Plan and proposed La Porte Cares Emergency Household Assistance Program. \[Corby Alexander, City Manager\] Mayor Pro Tem Engelken moved to approve the updated CRF Funding Plan and proposed La Porte Cares Emergency Household Assistance Program with a designation of the $130,000 to touchless restrooms; the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. b.Presentation, discussion, and possible action to select the City representative and alternate from the City Council to the Houston-Galveston Area Council (H-GAC) 2021 General Assembly and Board of Directors, and adopt Resolution 2020-21 in support of same. \[Louis R. Rigby, Mayor\] Councilperson Ojeda moved to select Mayor Pro Tem Engelken as the City representative and Councilperson Bentley as the alternate City representative to the Harris -Galveston Area Council (H-GAC) 2021 General Assembly and Board of Directors, and adopt Resolution 2020-21; the motion was seconded by Councilperson Earp; the motion was adopted, 8-0. c.Presentation, discussion, and possible action to set meeting dates for regular City Council meetings in November and December 2020. \[Louis R. Rigby, Mayor\] Mayor Pro Tem Engelken moved to cancel the November 23 and December 21, 2020 meeting dates and to schedule possible canvass dates of November 16 and 17; the motion was seconded by Councilperson Earp; the motion was adopted, 7-0 \[Councilperson Bentley was away from the dais for a moment\]. 7.ADMINISTRATIVE REPORTS Drainage and Flooding Committee meeting, November 9 City Council meeting, November 9 Planning and Zoning Commission meeting, November 19 City Council meeting, November 23 City Manager Corby Alexander said there were no reports. 8.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. Councilpersons reported on the work at H-GAC and suggested adding a holiday of MLK, Jr. Day to the City schedule; expressed dismay at the way Harris County Flood Control District (HCFCD) conducted the Brookglen virtual town hall meeting but noted that HCFCD was still accepting comments; congratulated the Ladies Reading Club, Johnny Morales, offered support for getting CFD money into the hands of those who need it; thanked the Parks & Recreation Department for their care of Seabreeze Park; requested the link for the Page 2 of 3 October 26, 2020, Council Meeting Minutes HCFCD comments on Brookglen be forwarded to the Council; and congratulated Councilperson Lunsford on the opening of his new Garden of Eden location at the airport. 9. EXECUTIVE SESSION a. City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - concerning City Secretary Lee Woodward. b. The City Council will convene in closed session as authorized by Texas Government Code Section 551.071(1)(A) - Pending or Contemplated Litigation: consultation with city attorney to discuss enforcement of the extraterritorial jurisdiction (ETJ) exchange agreement between the City of La Porte and the City of Pasadena. \[Clark T. Askins, Assistant City Attorney\]. The Council adjourned into executive session for items 9a and b at 7:30 p.m. c. The City Council will convene in closed session as authorized by Texas Government Code Sec. 551.071(1)(A) Pending or Contemplated Litigation, to discuss SV Sons Hwy. 146, LLC vs. City of La Porte. \[Clark T. Askins, Assistant City Attorney\] \[This item was handled after the Consent Agenda.\] 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. a. Discussion and possible action regarding direction to the Assistant City Attorney in connection with enforcement of the ETJ exchange agreement between the City of La Porte and the City of Pasadena. b. Discussion and possible action regarding direction to the Assistant City Attorney in connection with the Zoning Board of Adjustment (ZBOA) ruling in SV Sons Hwy. 146, LLC vs. City of La Porte. The Council reconvened into open session at 8:53 p.m. Mayor Rigby said the Council had provided additional direction and would meet with the City Secretary again in July. Regarding item b, Mayor Rigby said the Council had provided direction to the City Manager and Assistant City Attorney to discuss an amendment to the original exchange agreement between the cities and return with the result. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 8:54 p.m. _______________________________ Lee Woodward, City Secretary Page 3 of 3 October 26, 2020, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 09, 2020 014 -Insurance Fund Requested By:Matt Hartleib, Manager Source of Funds: Department:Administration/Human Resources 014-6144-515-6012 Account Number: $674,477 Amount Budgeted: ReportResolutionOrdinance $645,379 Amount Requested: Exhibits:2021 Stop Loss Presentation Budgeted Item:YesNo SUMMARY& RECCOMENDATION OnOctober 1, 2020,Request for Proposal (RFP)#21500 was released for Stop Loss/Reinsurance coverage for the 2021plan year of theCity of La Porte Health Fund. Due to the sensitive nature of the supporting information, this RFP utilized a targeted release of likely bidders in the Stop Loss insurance stth field. The RFPwas advertisedin the Bay Area Observer on October 1and October 8. The current plan year has seen another higher than typical occurrence of high cost claims, but not as high as the 2019 plan year. From January through August 2020, the total Stop Loss premium paid is $364,200. Reimbursements over the same period total $776,746. The RFP generated aresponse of two proposalswhich were opened on October 20, 2020.The proposalsreceived were from Vista-Companion(the incumbent provider) and Aetna. The key differences between thebids are regarding laseredclaims and the specific deductible amount. The bid from Vista-Companionincludes one has issued a specific deductible higher than the $165,000 deductible level for allother claims. The the covered plan year. There is onelaseredclaims in the bid which represent the potential for $185,000additional liability for the plan. Last year through Vista-Companion, the plan also included four laseredclaims with a total potential additional liability of $680,000. Of that potential additional liability in 2020, the plan has actually incurred $180,000through September. The total fixed cost of the Vista-Companion bid is $645,379. The bid from Aetna includes no lasered of $170,000 compared to our currentprovider, specific deductible of $165,000. This means that the plan will be responsible for a potential additional $5,000 in claim costs for each claim. In the 2019 plan year, we had sevenclaims exceed the$165,000 threshold. In 2020 to-date, the City has had three claims exceed the $165,000 threshold including those that were lasered. The total fixed cost of the Aetna bid is $814,549. After reviewing and discussing the analysis performed by benefits consultant, HUB, the Chapter 172 Employee, Retiree Insurance and Benefits Board voted to recommend selection of Vista- Companion as the provider of stop loss coverage for the 2021 plan year at the $165,000 specific deductible rate. This recommendation carries a projected cost of $645,379 which is $29,098 below the budgeted amount and represents an increase of 18.02% in Stop Loss premiums. ACTION REQUIRED BY CITY COUNCIL Approve or deny to authorize the City Manager to enter into an agreement with Vista UW to provide stop loss coverage for the 2021 plan year. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Advocacy. Tailored Insurance Solutions. Peace of Mind October 29, 2020 City of La Porte CH 172 Committee Stop Loss Reinsurance RFP Final Submissions Brent Weegar, MBA Senior Vice President Julian Fontana Employee Benefits Specialist Mike Weaver Account Manager © 2018 HUB International Limited.© 2020 HUB International Limited. 11 Agenda Stop Loss RFP Response Summary 1 RFP Financial Summary 2 © 2018 HUB International Limited.© 2018 HUB International Limited. 22 1 Stop Loss RFP Response Summary Advocacy. Tailored Insurance Solutions. Peace of Mind © 2018 HUB International Limited. 33 © 2018 HUB International Limited.. RFP Responses CARRIERPROPOSED/DECLINE Vista CompanionLife PROPOSED (Incumbent) AetnaPROPOSED © 2018 HUB International Limited. 4 2 RFP Financial Summary Advocacy. Tailored Insurance Solutions. Peace of Mind © 2018 HUB International Limited. 55 © 2018 HUB International Limited. RFP Financial Summary The renewal proposal from the incumbent Companion Life is a +18.02% increase to premium. The proposal includes 1 individual lasers of $185,000 in added plan liability. The Aggregate Claim Attachment Factors in the renewal proposal reduced -7.19%. The overall projected plan cost decrease at maximum plan cost is -10.85% under this scenario. The proposal from Aetna is an increase of +62.24% to premium and is a firm proposal offer. The proposal does not include any individual lasers. The Aggregate Claim Attachment Factors proposed are -8.84% less than current.The overall projected plan cost decrease at maximum plan cost is -11.54% under this scenario. The proposal from Companion Life is $166,692 less in premium than the proposal from Aetna. Even taking into consideration the additional laser liability the offer from Companion appears to be the best offer. The Companion proposal is firm and final through 11/13/2020. © 2018 HUB International Limited. 6 RFP Financial Summary MEDICAL PLAN SERVICES & STOP LOSS INSURANCECURRENT PY 2020PROPOSED PY 2021PROPOSED PY 2021 TPA:AetnaAetnaAetna STOP LOSS CARRIER:Vista UWVista UWAetna MGU:SABSSABSAetna PBM:RxBenefits / CVSRxBenefits / CVSRxBenefits / CVS PPO:AetnaAetnaAetna SPECIFIC STOP LOSS DEDUCTIBLE:$165,000$165,000$170,000 SPECIFIC STOP LOSS LIFETIME MAXIMUM:UnlimitedUnlimitedUnlimited SPECIFIC CONTRACT :24/12 (M/Rx)24/12 (M/Rx)24/12 (M/Rx) SPECIFIC PREMIUM: Composite PEPM$107.54$128.07$155.83 MONTHLY TOTAL$42,693$50,844$61,865 ANNUAL TOTAL$512,321$610,125$742,374 AGGREGATE STOP LOSS ANNUAL MAXIMUM:$2,000,000$2,000,000$2,000,000 AGGREGATE PREMIUM: Composite PEPM$7.25$7.40$14.63 MONTHLY TOTAL$2,878$2,938$5,808 ANNUAL TOTAL$34,539$35,254$69,697 ANNUAL TOTAL - STOP LOSS PREMIUM$546,860$645,379$812,071 $75,176$98,520$340,388 15.94%18.02%62.24% (A) ADDITIONAL LASER LIABILITY$680,000$185,000$0 PROPOSED ENROLLMENT: SINGLE163 FAMILY234 TOTAL397 AGGREGATE STOP LOSS FACTOR: COMPOSITE FACTOR - SINGLE/FAMILY$1,962.36$1,827.86$1,788.92 MONTHLY AGGREGATE ACCUMULATION$779,056.92$725,660.42$710,201.24 ANNUAL AGGREGATE ACCUMULATION$9,348,683$8,707,925$8,522,415 EXPECTED CLAIMS CARRIER$7,478,946$6,966,340$6,817,932 $351,850-$512,606-$661,015 4.94%-7.19%-8.84% CLAIMS/STOPLOSS/ADMIN AT EXPECTED CLAIMS$8,884,456$7,975,369$7,808,653 CLAIMS/STOPLOSS/ADMIN AT MAX CLAIMS$10,754,193$9,716,954$9,513,136 NA-$1,037,238-$1,241,056 NA-10.85%-11.54% Firm & Final thru 11/13 1) 350k ADDITIONAL LASER LIABILITY:1) 350k 2) 265k 3) 375k 4) 350kFirm & Final © 2018 HUB International Limited. 7 Thank you! © 2018 HUB International Limited. 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 N/A Source of Funds: Requested By:Lisa Camp, Chief Department:Administration/EMS N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits: Evaluation Summary from respondents Budgeted Item:YesNo EMERGICON Proposal for City Council SUMMARY& RECOMMENDATION Presently, the La Porte EMS processes all EMS medical claimsin-house. EMS has on staff one full-time Billing Specialist that oversees the total emergency medical billing process. The City of La PorteEMS call volume is increasing each year, which correlates to an increase in thevolume of EMS medical claims. Currently, this is more work than one Billing Specialist can efficiently handle. The only change that La Porte EMS is looking to make in the emergency medical billing process to be able to process more claims through to payment, streamlining our internal costs and consistent follow-up on medical claims. By contracting with an experienced external emergency medical billing service each claim will be reviewed, coded and billed. Additionally, claim payments will be reviewed for low pay, no pay, denials, and compared to the expected pay rate from approved Federal and State schedules. The service will follow-up on all claims (10 days for Medicaid claims, 14 days for Medicare claims and 35-45 day follow-up for commercial insurance). The review of all EMS medical claims during these processes will insure that the claim is paid correctly and Specialist to work on claims from 2018 to 2020, as well as providing one-on-one customer service and administrative functions supporting EMS. The City of La Porte Purchasing DepartmentpublishedRequest for Proposal (RFP) #20510for an EMS Billing Service on August 13, 3030 and August 20, 2020. A total of five (5) responses were received and opened on September 3, 2020. The proposals were reviewed by theevaluation committee comprised of Assistant City Manager, La Porte EMS Chief and City Comptroller. Theevaluation criteria included: Ability to Perform Required Services Unique Features or Functions of the Proposal References Overall Responsiveness. The evaluation committee reviewed the proposals and the top respondent with the best score was Emergicon, a Texas-based company with over 160 clients. An evaluation chart is attached showing the scores of all the respondents. The City of La Porte emergency medical billing model will remain with the same customer service for our residents that we currently utilize. The only changes will be a timelier claim submission and follow-up by the external billing service. Both billing and collection services are available from Emergicon. We currently do not rd use an active 3 party collection process, but it is available if City Council should decide to pursue a more active collection stream. Emergicon provides continuous quality improvement process that will identify trends and potential problems with claims. Emergicon completes annual SOC2Type II audits, performs in house documentation and compliance reviews of all claims submitted. A 24 hour client and patient hotline is provided. The City of La Porte EMS rates have remained the same since a rate increase in 2005 that City Council approved. Staff will be approaching City Council in the near future to recommend a rate increase to maximize the contractual claim rates set by Medicare/Medicaid and private insurance payers. As part of the RFP process, Emergicon proposed a base commission rate of 7% on all cash collections. There will be no additional fees charged. EMS Rates Structure Current City of La Porte EMS rates are : Advanced Life Support (ALS) 1 Emergency - $788 Advanced Life Support (ALS) 2 Emergency - $788 Basic Life Support (BLS) Emergency - $788 Mileage - $10 mile Treatment/No Transport - $396 City Of La Porte EMS anticipates a 25-30% increase in cash collections from government and commercial payers utilizing the emergency medical billing service. This is summarized on page 58 of the Emergicon emergency medical billing Proposal to the City of La Porte. The City of La Porte Purchasing Department received reference responses from EMS agencies currently using Emergicon emergency medical billing services. These agencies highly recommend Emergicon: Robert Hemminger, Director of Emergency Services with the City of Deer Park, Tim Russell, Division Chief of Support Services for City of Coppell Fire Department, and Mike Pool Fire/EMS Chief for the City of Mineral WellsJason Weeks has experience with Emergicon in McKinney and Fairview, TX. Staff recommends City Council approve a contract with Emergicon for providing EMS Billing Services to the City of La Porte. ACTION REQUIRED BY CITY COUNCIL Approve proceeding with Request for Proposal (RFP) #20510 for EMS Billing Services Contract with Emergicon. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RFP 20510 EMS BILLING SERVICES EVALUATION SUMMARY Koronis Maximum EMS Quick Med CriteriaEmergiconImageTrendRevenue PointsConsultantsClaims Solutions 1. Ability to Perform Required Services120 10855658090 2. Unique Features or Functions of the Proposal75 7040254555 3. References75 7542305570 4. Overall Responsiveness/Completeness30 3014201729 Final Scores300283151140197244 Proposal to the City of La Porte Request for Proposal #20510 EMS Billing Services Submittal Deadline: September 3, 2020, 2:00 p.m. CST Primary Contact: Christopher Turner, President & CEO 98 State Hwy 205 Terrell, TX 75160 cturner@emergicon.com 972-602-2060 ext.400 EMS Billing Services City of La Porte RFP #20510 1.Cover Letter This section should contain the name and address of the proposing firm and the names and contact information of the individuals authorized to answer technical, price, and/or contract questions. Provide a brief profile of your company to include but not limited to personnel, years involved in the industry, other areas of expertise, and with greater than fifty (50) Texas EMS provider customers and the size of their services. August 31, 2020 Information Desk Attention: Purchasing Division Ashley Lovercheck, Buyer City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Re: RFP #20510 EMS Billing Services Dear Ms. Lovercheck: Please accept the enclosed proposal in response to the Cityof La Portefor Proposals for EMS Billing Services. EMERGICON is a Texas-based company whose sole business is to provide emergency medical transport billing and collection services. We are fully prepared to meet or exceed all the requirements described in your RFP. EMERGICON was founded to help EMS providers improve their collections while maintaining compliance. We serve as more than a billing contractor by becoming a true partner for each client. We manage documentation, compliance, and changes in the law as well as payer relationshipsfar beyond a simple billing role. Many billing companies become complacent over time, but we maintain an unwavering focus on bettering the lives of our clients, the taxpayers that support cities, and the patients transported within them. Our 160+ clients readily attest to our commitment to providing the highest level of service and record- setting cash collections. Over the past 14 years, we have increased reimbursements for every one of our Texas clientsby an average of more than 30%. We look forward to doing the same for the Cityof La Porte.Based on our experience, knowledge, and proven process for EMS billing and collections, we will be able to return a higher percentage and higher cash collections. If the City adopts our proposed fee schedule, we anticipate total cash collections of $972,499 in Year 1. Our exclusive focus on Texas allows us to specialize in the nuances of Texas billing and collections. At the same time, our local presence allows us to know and interact with the clients we serve personally. We would embrace the opportunity to show the Cityof La Porte the EMERGICON difference. 2 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Per the RFP instructions, we are providing the following information: Name and address of the EMERGICON, LLC proposing firm98 State Hwy 205, Terrell, TX 75160 Names and contact Christopher Turner, President & CEO information of the cturner@emergicon.com individual(s)authorized to 972-602-2060 ext.400 answer technical, price, and/or contract questionsBrant Stovall, CCEMT-P, Director of Client Development bstovall@emergicon.com cell: 817-691-6469/ office: 877-602-2060 ext. 446 Personnel79highly qualified employees trained in ambulance billing and coding and certified in ambulance coding, billing, compliance, documentation, and HIPAA Years in the industry14 Other areas of expertiseEMERICON focuses exclusively on Texas EMS billing and collection services. Texas EMS provider Our customers include morethan 160 Texas municipalities, local customers and the size of government agencies, and other ambulance transport service their servicesproviders with a combined total volume of more than 175,000 transports per year. Our smallest clients have just 5060 transports per year, while our larger clients have well over 10,000 transports per year. Thank you in advance for considering our proposal. We hope to speak with you soon to discuss EMERGI Sincerely, Christopher Turner, President & CEO cturner@emergicon.com 972-602-2060 ext.400 3 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Table ofContents 1. Cover Letter...................................................................................................................................2 2. Firm Background and Experience of Staff..................................................................................5 3. Ability to Perform Required Services..........................................................................................8 Ambulance Billing........................................................................................................................11 Billing and Collection Procedure..................................................................................................11 Collection Services......................................................................................................................13 4. Implementation Schedule...........................................................................................................55 5. References...................................................................................................................................56 6. Fees/Pricing.................................................................................................................................58 7. Concluding Remarks..................................................................................................................59 8. Samples.......................................................................................................................................59 Required Submittals.......................................................................................................................66 Bid Execution by a Corporation....................................................................................................66 Acknowledgement Form..............................................................................................................66 Conflict of Interest Questionnaire.................................................................................................66 Form 1295 Certificate of Interest Parties......................................................................................66 House Bill 89 Verification Form....................................................................................................66 General Standard Terms & Conditions.........................................................................................66 Certificate of Liability Insurance...................................................................................................66 Current SSAE 16 Type II Audit Documentation............................................................................66 CMS Audit....................................................................................................................................66 4 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 2.Firm Background and Experience of Staff Provide the firms specific experience in billing ambulance fees; including any information on billing for other similar governmental agencies. Include your length of time in the ambulance billing business. EMERGICON is aDallas-based provider of EMS/Ambulance billing services to municipalities and private companies throughout Texas. EMERGICON is the largest EMS billing and collections provider in the state. We serve more than 160 Texas EMS providers with annual cash collections of nearly $100 million. We have increased reimbursements for every one of our clients, and we look forward to doing the same for the City of La Porte. th provide life-saving care. Now in our 14year of business, EMERGICON has a solid reputation for aspects of EMS account management, including coding, billing, payment posting, accounts receivable follow-up, compliance, and medical records requests. in the state of Texas. The reason that we have made this decision is the same reason it is important to youpayors are locally focused. For example, although Medicare is a federal law, it is administered locally by Novitas. Additionally, Medicaid can vary significantly from state to state as can the insurance providers, includingBlue Cross, UnitedHealthcare, Aetna, and Cigna. At EMERGICON, we believe in doing one thing and doing it better than any of our competitors. A national provider of EMS billing services would struggle to provide a comparable level of quality of service, knowledge, and experience to the City. As a Texas-based EMS billing company, EMERGICON is uniquely prepared to improve collections for the Citywhile providing exceptional service. EMERGICON is a member of the Texas EMS Alliance, the Texas Ambulance Association, and ACA International (The Association of Credit and Collection Professionals). EMERGICON is also a bonded collection agency (#5245495) in the State of Texas. Describe the proposed project organization and the position that the project personnel will occupy within the organization. It should identify project personnel by name and provide a detail resume outlining his/her appropriate experience on other similar projects. The Proposer must supply resumes for all staff to be assigned to the project. E-specific EMS billing nearly 100 years of combined experience in EMS and medical billing and coding. reporting hierarchy. 5 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Onboarding Manager Tiffany Gates and Client Success Lead Lisa Atilanowill serve as the primary CAC, will supervise the work to be performed under this contract. Nicole leads our reimbursement process and has significant experiencein EMS billing and collection services. When we onboard a new client,the managers, department heads, and leadership teammembers listed belowwork closely requirements and preferences regarding how claims will be handled. For at least the first six months, the engagement is managed closely by the manager and the following department leads: Accounts Receivable Lead Sherrie Anguiano Billing Department Lead Stephanie Kennedy Pre-billing Lead Morgan Hoffert Revenue Specialist Lead Marianne Hanley Patient Accounts Lead Danelle Stanton Reimbursement Lead Katelynn Hughes Client Success Lead Lisa Atilano, CACO, CADS In lieu of resumes, we have provided brief profiles for the members of our leadership teamand project team.We will make resumes available upon request. Christopher Turner, MHA Founder, President and CEO from Texas State University. He has extensive experience in healthcare financial management and has specialized in pre-hospital emergency management for more than 25 years.He has additional experience in emergency medicine, having been a director at EmCare and UnitedHealthCare, and CFO for CareFlite. Travis Autery, MBA, CACO, CADS Operations Leader Administration from Dallas Baptist University. He has served in leadership roles within the U.S. military both as a member of the U.S. Army EOD and as a civilian contractor. His specialty is QA/QI (quality assurance/quality improvement) and tactical processes. 6 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Brant Stovall, CCEMT-PDirector of Client Development Brant brings 33 years of experience to EMERGICON. Brant has a distinctive combination of skills, having served as a paramedicboth ground and air transportand also working on the sales and account management side of EMS expansion efforts. Brant earned his paramedic certification from Weatherford College. He also holds certifications in Advanced Cardiac Life Support Instructor,Basic Trauma Life Support Instructor, Basic C.P.R. Instructor, Pediatric Advanced Life Support, Neonatal Resuscitation Provider and as a Critical Care Paramedic (UMBC). Nicole Rhone, CAC Reimbursement Leader Nicole has worked within the medical services field for more than 20 years as an EMS billing expert and as a Certified Medical Assistant. Over her career with EMERGICON, she has filled many roles, starting in Accounts Receivables (AR) Specialties,then transitioning to AR Lead,andthen AR Manager. Today, she Seth Coussens, MBA Technology Leader veteran of the United States Army and served six (6) years of active duty as a a role in which he l Iowa State and an MBA from St. Thomas in Houston. Becky Baugh, CAC Accounts Receivable Manager collections field. She currently serves as the Accounts Receivable Manager and significantly to the EMERGICON management team. Tiffany Pearson Patient Accounts Manager Tiffany is a Texas tr Organizational Psychology from the University of Memphis. She has worked within the medical services field for more than 20 years as an accounts receivable expert. Her specialty is resolving patient needs, reviewingaccounts, and analyzing agingaccountsfor optimal cash collections. Today, Tiffany serves as Renee Mathis Pre-billing Manager Renee graduatedfrom Trinity Valley Community College as a Phi Theta Kappa applied sciences. Renee has worked her way up over the past six years with EMERGICON, starting as a Pre-biller. She was promoted to Pre--billing rowth with EMERGICON have made her an expert in pre-billing. 7 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Shannon Boyle CAC, CACO Shannon is a Texas native who has worked for EMERGICON for over eight years as a billing expert. She holds certifications as a Certified Ambulance Coder and Ambulance Compliance Officer. Today, Shannon serves as the Billing Manager at EMERGICON. Lisa Atilano-CADS, CACO-Client Success With over 25 years of experience in customer management, Lisa has worked her way up at EMERGICON, including roles in pre-billing,billing,and compliance. She now serves as the Client Success Lead, using her experience and respond to their inquiries. She holds certificates as a Certified Ambulance Documentation Specialist and Certified Ambulance Compliance Officer. Tiffany Gates Client Onboarding Manager Tiffany has worked within the medical billing industry for six years. She received her Medical Billing and Coding certificate in 2014 and has pursued additional medical education. Tiffany has also worked in client implementation management for three years, which makes her an excellent asset for EMERGICON as she serves as the Client Onboarding Manager. 3.Ability to Perform Required Services In order to be considered responsive, the Contractor shall submit with their proposal such perform the work as specified and all aspects of this contract in a competent and expeditious manner. Such documentation shall consist of no less than the following: 1. Provide your service offering, benefits, and specific knowledge related to Texas-based billing and electronic patient records. EMERGICON, LLC,was founded in 2006 specifically to assist Texas municipal EMS providers to improve their collections while delivering superior customer service. Our primary business is billing and collecting ambulance fees for Texas EMS providers,serving as a true partner with more than 160 clients in managing EMS billing and collections. EMERGICON has the experience and expertise needed to meet and exceed the requirements of the City. Based on our experience and our review of available EMS transport information, we anticipate and total cash collections as follows(further detailed in Section 6.Fees/Pricingon page 58): ProjectedProjected Projections for the City of La PorteCash Per TransportTotal Cash Collections (Year 1)(Year 1) Current Fee Schedule$341.17$770,700.00 Proposed Fee Schedule$345.71$780,963.00 Recommended Fee Schedule$430.50$972,949.00 cheaper commissions, are unable to match our total cash collections. In other words, although other 8 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 bidders may charge a lower commission, they are simply unable to match our cash per transport and total cash collections and,at the end of the day,cannot deliver as much value to the Cityas EMERGICON will. As the biggestand the most trustedEMS billing and collection service provider in Texas, EMERGICON serves more than 160 providers of EMS services in Texasfar more than any of our competitors. Over the past 14 years, we have increased reimbursements for every one of our Texas clients, and by an average of more than 30%. The following table presents the percentage increase in cash per transport that we have achieved for selected clients, including those listed as references. Cash Per Cash Per Selected ClientsTransport Transport % Increase Pre-EMERGICONPost-EMERGICON References City of Deer Park$371$51538.8% Santa Fe Texas Fire & Rescue$459$54017.6% City of Dickinson$280$34738.6% City of Coppell$401$56641.1% City of Mansfield$347$44427.9% City of Mineral Wells$292$39635.6% Other Clients The City of Bedford Fire$411$45711.2% The City of Cleburne Fire$348$46824.5% Goliad Co EMS$334$45225.3% The City of Lancaster Fire$269$36836.8% Robertson Co EMS$424$65354.0% The City of Sugar Land Fire$416$46912.7% City of Port Aransas$334$48745.8% Average Increase30.7% How does EMERGICON deliver these significant, measurable results year after year? We attribute our success to the following competitive advantages: We are experts in Texas EMS billing and collections. As a Dallas-based company, EMERGICON speaks Texan. Our Texas-based employees are experts in Texas EMS billing because we only serve Texas EMS providers. Each state has its own rules regarding EMS billing, so byspecializing in Texas, we ensure full familiarity with the intricacies of requirements within Texas. We draw on this expertise to avoid improperly filed We rely on a team of human claims reviewersnot computers We devote more resources to the aspects of EMS billing that genuinely make a difference: payer research and claims follow-up. Most EMS billing companies cut corners on key aspects of their service, either by outsourcing functions overseas or by relying too heavily on technology and attempting to automate payer research and claims follow-up. Such shortcuts result in poor outcomes, namely higher write-offs, poor cash collections, and dissatisfied highly qualified staff is committed to conducting payer research that gets the bill to the correct 9 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 payer with complete and accurate patient information and following up every 30 days on open claims. We use humansnot computersto read and code EMS charts, ensure that every claim and payer response is complete and accurate, and pursue each of those claims for maximum reimbursement. We provide superior service and transparency. Our 160+ clients across the state ofTexas continue to be our best referral source. They attest to our commitment to the highest level of service and record-setting cash collections. We provide each of our clients with24/7 online accessto view claim status and our billings and collections performance. Additionally, we provide our clients with Executive and Management Summaries that highlight claims activity and are ready to present to your City Council. Please refer to Section F Reports for samples of these reports. We use the EMERGICON works seamlessly with HealthEMS and other leading ePCR vendors. We understand that your current ePCR vendor is paying all fees associated with the ePCR, and we will do the same. We also have experience sourcing hardware for our clients; we have done so approximately 50 times. We will propose hardware options that meet your needs and work with you to select the optimal solution based on your preferences. We engage in extensive provider credentialing. Wecredential EMS providers with an average of more than 200 payersfar more than any of our competitors do. Thiscredentialingallows for reimbursement from sources that are otherwise frequently missed, such as smaller payers with little understanding of EMS claims. 10 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 2. Describe how you currently submit claims electronically to Medicare, Medicaid, and major private insurance companies. Ambulance Billing At EMERGICON, we believe in compliant and effective EMS billing that maximizes cash collections. Through our tried-and-true processes, EMERGICON has increased reimbursements for every one of our Texas clients. Our efficient services are the result of ongoing training, education, and closed-loop, continuous quality improvement, both external and internal. We follow a proprietary Quality Assurance and Improvement Plan that emphasizes rigorous cross-referencing (with ESO Billing Software Services and manual review), unique EMS and emergency responder training, and continuous professional development of EMERGICON staff. Our billing process is a team approach consisting of two pre-billers who perform payer research, a commercial billing specialist, and a governmental billing specialist. This team approach leverages specific knowledge while allowing for shared accountability. The billing process begins with the pre- status. As described above, EMERGICON does not rely on automated payer-matching databases for payer research as those databases frequently miss the correct payer (e.g., identifying dental insurance as a payer rather than a health plan). Our billing software maintains data on all insurance carriers, previous claims, and patient information in case they need transport in more than one instance. Our Match Patient technology provides a smoother billing process as it allows research to be reused for repeat patients, including those who erritory. Furthermore, EMERGICON uses several tools to ensure that we have correct and current insurance information for each patient, and we work with local hospitals to identify patients who are transported as John or Jane Doe. By reviewing the insuranceinformation for accuracy, we can better reduce the risk of human error during a time of crisis. The difference between good billing and great billing, assuming everything else is equal, is consistent follow-up. EMERGICON never accepts a denial or partial payment without reaching out to the payer for clarification. Whereas many of our competitors attempt to automate this process for cost savings, we ensure that a staff member pursues resolution and refiles the claim as needed to maximize the reimbursement amount. Billing and Collection Procedure -step approach to billing claims focuses on accuracy the first time the bill is sent with targeted follow-up. Accuracy is a key component of greatbilling, from documentation in the field to capturing the correct Medicare number, to coding and billing. Based on our experience and ongoing analysis, we believe we have the best billing process that focuses on maximizing collections. We bill all known payers, including Medicare, Medicaid, commercial insurance, auto insurance, workerscompensation, and attorney pays. Step One:The EMERGICON billing process begins the day after the transports occur. Runs Billing Software timestampsany record and then imports the claim. We ensure the dates areverified and compare the claim to any available patient log for the day. 11 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Step Two:We request face sheets, payer information, demographics, and any other missing data from the receiving facility by fax, phone, or mail. If information is not received within 24 hours, an EMERGICON staff member calls the facility. If information is still not received within 48 hours, the request is re-sent,and the staff member calls the facility again. Step Three:Each claim is reviewed, coded, and billed electronically through the MD Online clearinghouse. Medicaid claims are billed electronically through their designated site to reduce denials and expedite payment. Step Four: EMERGICON conducts follow-up and claim analysis as follows: Medicare:Medicare claims may payby electronic remittance in as little as 14 days. On the th 15day, we review and verify the status of any unpaid Medicare claim. We call Medicare to obtain the status of the claim. Then, we appeal or refile the claim as needed. Finally, we issue a Medicare co-pay statement for the 20% patient responsibility. Commercial Insurance: The payment of commercial insurance claims typically takes 3545 days. If 40 days pass without payment, our staff will reach out to a live agent to discuss the status of the claim. EMERGICON staff draw on years of experience communicating with commercial insurance carriers to decrease delays in payment and improve cash flow. Medicaid:Medicaid claims are filed electronically and paid within ten working days. Claim status is accessible online and can be appealed immediately online. Private Pay: Private pay patients are sent a Private Pay statement requesting insurance information within five days of the date of transport and notifying them of the balance due. If a statement is returned to our office due to a bad address, we use skip tracing tools and verify Step Five:We carefully review claim payments, explanations of benefits, remittance advice, denials, low pays, and no pays. Medicare and Medicaid claims are reviewed and expected to pay from the approved federal and state schedules. As payments are posted, the contractual allowance is posted for Medicare and Medicaid accounts. Patients will have received an Explanation of Benefits and should have a better understanding of their obligation for payment. While other billing companies may allow contractual allowances for commercial insurers, we identify these low pays and appeal each one with the commercial insurer. This results in rectification by the The Director reviews each denial and seeks rectification. We also use each denial as alearning experience to continually improve our processes. 12 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Collection Services EMERGICON is a bonded collection agency that has the depth and breadth of EMS experience needed to find sources of reimbursement that are often overlooked by other collection agencies. Those who are responsible for pre-hospital services should be the ones to pay for those services, whether Medicare, Medicaid, insurance companies, or patients.These costs should rarely be written-off. for opportunities patient and attempt to contact patients who do not respond to the invoices within 90 days. The initial patient contact is provided by a patient accounts representative who can answer any questions the patient may have and potentially set up a payment. At the time of this patient contact, a third and final invoice is sent to the patient. In almost all cases, we send a total of three invoices and make patient contact. We take a soft collection approach with the understanding that a patient utilizing ambulance services has just experienced major trauma. We are sensitive to their needs as we engage in agents will reach out to the patient and try to reach a mutually beneficial payment resolution. Typically, our team focuses on patients who have a large balance or may need to pay out of pocket for their transport. 13 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 EMERGICON utilizes standard tools, like skip tracing, to track down patients with balances. Invoices are remitted every 30 days to patients with open account balances. Patients who are making payments against their balance continue to receive statements until the account balance is paid in full. Private pay patients receive statements until the account is written off, sent to collections (per encourage patients to agree to a mutually acceptable solution to resolve their bill. We may make the following suggestions for collections: Write off disposables Presenting a smaller balance may make the difference in whether the patient feels able to pay the bill versus ignoring it due to feeling overwhelmed by the charges. Prompt pay discountOffering a discount for prompt payment can encourage patients who are able to pay most (but not all) of their bill upfront. Nearly half (44%) of all EMERGICON clients authorize a prompt-payment discount for delinquent private-pay accounts. The discount, typically 25%, is not advertised and is reserved for patients who inquire about a discount for full payment. The EMS agencies that authorize this policy experience higher total private-pay cash collections. Our unique, continuous quality improvement process identifies trends and potential problems with claims, offering custom solutions to rectify those issues and to close any loopholes before accounts go to collections. If we remain unable to collect a payment, we will share all the claim details with the - party collections agency. More than one-fifth of all EMERGICON clients incorporate a third-party collection agency. By placing an accountwith third-party collections, recovery increases. This is primarily the result of a dunning letter sent to the patient, followed by phone calls from the collection agency. EMERGICON supports the third-party collection agency by answering any questions the patient may have related to the debt. 3. How many bills does your company per year generate? EMERGICON generates more than 350,000 bills per year. 4. What is your turnaround time to process a bill for Medicare, Medicaid, self-pay or private insurance? EMERGICON works to bill all claims the next day. We run proprietary audits to ensure claims are not ssly. Additionally, EMERGICON staff reconcile all incidents in theePCR software to the claims billed for the month as part of the reconciliation and monthly close process. If a patient has a high deductible, we may hold the claim for up to 30 days to allow other possible claims to hit their insurance and potentially lower the amount a patient owes to the EMS provider. And, if there were ever an instance in which EMERGICON failed to bill out a claim that was submitted to us in a timely manner, we would credit back to the client the amount they would have expected to receive from the claim. EMERGICONturnaround timesfor bill processingare as follows: Medicare3days Medicaid1.5days Self-pay7days Private insurance*7days 14 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 * Please note that we typically process a bill for privateinsurance in about sevendays, but in cases 5. Discuss your quality assurance process and those firm processes that you feel generate increased collections. Our continuous quality improvement process for billing is a common-sense approach that, unfortunately, is not very common among our competitors. We manually review patient charts for all the elements that are required for a claim to be considered complete, including documentation of patient conditions, chief complaints, and signatures. Our staff uses this review process to provide your department with meaningful feedback that closes loopholes and increases reimbursement by focusing on compliance and clinical documentation while better managing litigation risk. Any claim rejections are reviewed, corrected if needed, and refiled immediately. Denials are infrequent, but those that we do receive are examined and resolved by the Accounts Receivable staff daily. In the event of a claim denial, our billing team works to correct the denial, send corrected claims, and resubmit them quickly and efficiently. We routinely run audits to help understand the cause of denials, assess responsetimes, and ensure we stay on top of changes in the billing environment. Any unpaid claims are reviewed every 30 days, and resolution is the responsibility of the Accounts Receivable staff. 6. Describe your process for evaluating and addressing outstanding accounts receivables from previous years, and anticipated outcomes and typical best practice results from your process. At EMERCICON, we refer to our process for evaluating and addressing outstanding accounts We will review your past 12 months of accounts receivable and identify opportunities to identify outstanding claims. This review allows us to understand how billing was done in the past and provide recommendations for improvementas needed. Historically, this has allowedEMERGICON to collectbetween $20,000 and $30,000depending on the state of the e anticipate being able to achieve similar results for the City. 7. What methods do you use to communicate with the provider? Our client success team is committed to open, transparent communication with clients. This communication occurs via email, telephone, and face-to-face meetings as needed.In addition, clients have access to a dedicated 24-hour client hotline for after-hours access to an EMERGICON manager. res 15 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 team reviews all aspects of collections performance and accounts receivable to provide guidance as needed. 8. Can custom reports be created based on specific criteria? Yes. We provide customizable reports upon request at no additional charge. Such reports can be We typically provide reports as .pdf files to ensure the content remains static, giving clients peace of mind that the data has remained unedited. We will provide reports in additional formats (e.g., .xls, .xlsx, .pp, .csv) upon request at no additional charge. 9. Describe your process to stay current on Medicare/Medicaid changes. EMERGICON remains aware of and adheres to the current billing requirements and contractual restrictions dictated by the Centers of Medicare and Medicaid Services(CMS), Texas Medicaid and Healthcare Partnership(TMHP), the Health Insurance Portability and Accountability Act, and the TexasWorkers Compensation Commission. Our billing and management professionals do this by attending all CMS and TMHP webinars, completing on-site and virtual training, pursuing industry certification, and more. EMERGICON maintains a dedicatedCredentialing Department focused on Medicare (CMS) and In responseto the RFP requirement to provide experience with CMS audits and results for the last five years,our CMS audits in the Required Submittals section beginning on page 23.***These materials areCONFIDENTIAL and must not be disclosed.*** city access topatient account status and other similar information in real time online access. EMERGICON providescomplete transparency and full recordkeeping for all services performed, including invoicing, statements,and dunning letter processing, as well asEMS fee collections and remittance. We maintain documentation of all services performed, billing phone calls, and all financial data. We provide clients with 24/7 access to real-time data through our web reports portal. The City will receive login credentials and be able to access reports whenever and wherever desired. Authorized City representatives may use this system to view current runs for a set time period. In addition, we have a 24-hour client hotline as described above in our response to Question 7above. th EMERGICON provides monthly close reports that are available by the 5business day of the month. th Monthly collections reports are available by the 15calendar day each month. These monthly reports comprise the following: Balance Summary Executive Summary Monthly Charge Report Monthly Credit Report Monthly Credit Detail Aged Accounts Receivable Payor Activity Summary Invoice Summary 16 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 We also provide annual reports identifying trends over a 12-month timeframe, based on either the as well as reports typically used for auditing prepares Executive and Management Summaries, which are reviewed and approved by In these reports, receivable to provide guidance as needed. As noted in our response to Question 8, we typically provide reports as .pdf files to ensure the content remains static, giving clients peace of mind that the data has remained unedited. We will provide reports in additional formats (e.g., .xls, .xlsx, .pp, .csv) upon request at no additional charge. The following pages present sample reports, many of whichcorrespond to the types of reports requested in Section 5 Reportingof the RFP. We are also presenting a sample of our Executive and Management Summary.As stated above, customizable reports will be made available upon request at no additional charge. 17 Confidential & Proprietary Management Summary 18 12 Month Look-Back ## Your Company Totals Gross Charges$733,110.00$771,014.76$853,120.00$823,949.46$791,710.00$830,495.07$813,463.72$816,985.00$771,746.33$811,791.59$782,555.14$768,710.00$9,568,651.07 Cash Collections$346,722.91$305,677.90$264,947.90$370,920.75$303,431.85$335,878.15$355,033.29$342,249.48$337,730.64$334,521.62$302,737.56$280,292.85$3,880,144.90 Gross Charge/Txp$1,084.48$1,095.19$1,069.07$1,074.25$1,092.01$1,107.33$1,120.47$1,125.32$1,096.23$1,105.98$1,116.34$1,112.46$1,099.59 Cash/Txp (CPT)$512.90$434.20$332.01$483.60$418.53$447.84$489.03$471.42$479.73$455.75$431.87$405.63$445.89 Collection Rate 47.3%39.6%31.1%45.0%38.3%40.4%43.6%41.9%43.8%41.2%38.7%36.5%40.6% Payer Mix Medicare 59.3%54.6%62.8%67.9%65.5%66.8%63.5%61.2%59.2%62.4%60.2%60.4%62.1% Medicaid 11.0%11.4%8.3%7.3%7.2%7.1%8.4%6.1%8.1%6.8%8.3%7.0%8.0% Insurance 15.7%19.0%16.6%13.3%15.6%14.9%16.3%18.9%20.0%16.2%14.8%16.1%16.4% Facility 0.0%0.0%0.0%0.1%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% Bill Patient 0.4%0.7%0.1%0.3%0.1%0.0%0.3%0.0%0.1%0.5%0.3%0.1%0.3% Private Pay 13.2%14.1%11.8%10.8%11.6%10.7%10.8%13.8%11.8%12.9%16.0%16.2%12.8% 19 Level of Service Level of Service SCT 0.3%0.1%0.4%0.4%0.7%0.3%0.3%0.1%0.1%0.3%0.3%0.1%0.3% ALS2 3.7%1.6%1.5%1.3%4.0%4.7%5.5%4.5%4.4%4.6%4.4%7.4%3.9% ALS-Emergent 46.2%44.9%42.5%44.9%43.9%45.9%47.9%46.1%46.9%46.0%47.1%39.9%45.2% ALS-Non 0.1%0.0%0.0%0.0%0.6%1.3%2.1%1.1%1.6%2.9%1.3%2.7%1.1% BLS-Emergent 48.5%52.8%55.3%52.9%48.7%43.1%40.8%44.9%43.9%42.2%43.2%45.9%46.9% BLS-Non 1.2%0.6%0.4%0.4%2.2%4.8%3.4%3.2%3.1%4.0%3.7%3.9%2.6% Facility Level of Service Volume SCT 2 1 3 3 5 2 2 1 1 2 2 1 25 ALS2 25 11 12 10 29 35 40 33 31 34 31 51 342 ALS-Emergent 312 316 339 344 318 344 348 335 330 338 330 276 3,930 ALS-Non -1 - - 4 10 15 8 11 21 9 19 98 BLS-Emergent 328 372 441 406 353 323 296 326 309 310 303 317 4,084 BLS-Non 8 4 3 3 16 36 25 23 22 29 26 27 222 Facility - - - -1 - - - - - - - 1 Total 676 704 798 767 725 750 726 726 704 734 701 691 8,702 Transport Mileage 8,033 8,801 9,626 9,326 9,043 10,105 9,397 8,198 9,756 9,620 9,285 111,444 20 Year-Over-Year Comparison ## Your Company 10/01/17 to 09/30/1810/01/18 to 09/30/19 12 Months12 MonthsVariance Gross Charges$9,568,651.07$17,049,648.03$7,480,996.96 Gross charges and cash collections have increased Cash Collections$3,880,144.90$4,599,283.40$719,138.50 Gross Charge/Txp$1,099.59$1,832.31$732.72 Cash/Txp (CPT)$445.89$494.28$48.39 Collection Rate40.55%26.98%-13.57% Volume has increased Total Volume 87029305603 Payer Mix Medicare62.08%60.60%-1.48% Medicaid8.03%8.59%0.56% Commercial insurance has decreased Insurance16.42%15.93%-0.49% Private Pay12.75%14.15%1.40% Level of Service SCT0.29%0.26%-0.03% ALS23.93%5.91%1.98% ALS-Emergent45.16%43.43%-1.73% Non-emergent runs have decreased ALS-Non1.13%1.47%0.35% BLS-Emergent46.93%44.80%-2.13% BLS-Non2.55%4.12%1.56% 21 Analysis and Recommendations As we continue into this fiscal year, we want to update you on your long-term collectionsactivity. Your organization has had an outstanding last 12 months. Your agency is experiencing increasing volume, and your gross charges and cash collections have also increased. Another positive operational trend is a decrease in non-emergent transfers. As can be seen in the comparison on the previous page, there has been a decrease in your commercial insurance. A decrease in commercial insurance can affect cash per transport and collection rates. We have no recommendations at this time,however, we will continue to monitor these variables. 22 Documentation We would like to take this opportunity to provide some general documentation guidance. There are certain elements of documentation that are crucial to the billing and reimbursement process. In addition to providing an accurate and complete patient signatures, social security numbers, and hospital face sheets are included in documentation. The agencies that consistently provide these elements experience faster reimbursement and a higher average cash per transport. Patient Signatures -The most common documentation issue that can stop or delay Medicare payment is a missing patient patient is unable to sign, a valid reason should be listed and the appropriate representative should sign for the patient. Social Security Numbers -Collecting social security numbers will maximize primary and secondary insurance discovery. A social security number is also useful in the event that a skip trace is needed to acquire a patient's whereabouts. Obtaining social security numbers from all conscious and capable patients is ideal. Hospital Face Sheets Acquiring hospital face sheets can decrease our time to bill, increase our accuracy on payer information, and reduce the overall time for reimbursement. Ensuring that personnel acquire hospital face sheets will positively impact your revenue. 23 Facility Guidance This portion of the Management Summary will let you know if there are ever any facilities that have delinquent balances. Over 90 Days Facility Balances: Facility Total ARAR Over 90 HOSPICE SERVICE PLUS$401$401 HOME HEALTH & HOSPICE$246$246 NURSING CENTER$2,595$0 HOSPICE PLUS$383$383 NURSING & REHABILITATION, LP$2,009$2,009 SKILLED MANAGEMENT$658$658 COUNTY JAIL$108,920$91,100 NURSING & REHABILITATION $413$413 HOSPICE$1,291$1,291 MEDICAL CITY$2,478$2,478 REHABILITATION HOSPITAL$1,952$1,952 Grand Total$121,346$100,931 An effort has been made to collect these balances. We felt that it was necessary to inform your agency of these occurrences. Please feel free to contact us to discuss the different options available in regards tothis type of facility non- payment. 24 Refusals/TNTs/Non-Chargeable Activity Your agency conducted 12,571transports in the last 12 months that resulted in charges. During the last 12 months there were 116treatment-no-transport (TNT) charges. Your agency also had 3,157non-chargeable incidents that, due to lack of transport and/or treatment, did not warrant charges. Refusals and non-chargeable activity account for 26.04% To put this into perspective, the current average non-chargeable activity rate across all Emergicon clients is 32.08%. Your organization has an excellent transport to non-transport ratio! 25 Thank you! It is goal to provide service above and beyond what is expected. The Analytics Team here at Emergicon will continue to monitor your organization's financial performance and make recommendations accordingly. Your next management summary is scheduled for the week of July 30, 2020. If you ever have any questions or need anything at all, please let us know. Thank you very much. Please let us know if we can be of assistance! Dial the Client Hotline! 866.TEX.EMS1 866.839.3671 26 27 Closing Balance Summary for Period Page 1 of 1 Transaction DateGreaterThanOrEqual9/01/2019 Transaction DateLessThanOrEqual9/30/2019 Company CodeEqual## Your Company ## Your Company $3,751,974.19 AR Previous Balance: $1,460,342.50 Charges in Period ($1,457,062.17) Credits $6,583.43 Charge Adjustments Total AR Change for $9,863.76 Charges in Period $1,460,342.50 Credits ($1,457,062.17) Charge Adjustments $6,583.43 Accounts Receivable Change$9,863.76 $3,761,837.95 Total Balance Forward: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Balance DueCurrent30 Days60 Days90 Days120+ Days150+ Days180+ Days Payor Aging, Current Payor 07/31/16 48 Balance DueCurrent30 Days60 Days90 Days120+ Days150+ Days180+ Days Payor Aging, Current Payor 07/31/16 49 Balance DueCurrent30 Days60 Days90 Days120+ Days150+ Days180+ Days Payor Aging, Current Payor 07/31/16 50 EMS Billing Services City of La Porte RFP #20510 11. Describe how you are currently compliant with HIPAA and identify theft protection? EMERGICON billing and collection services are fully compliant with the Consumer Credit Protection Act, Texas Debt Collection Act, Federal Fair Debt Collection Practices Act, and all other laws applicable to this type of activity. We maintain the confidentiality of all medical and patient information in accordance with the Health Insurance Portability and Accountability Act of 1996(HIPAA). MOT. PCS and other related information needed to submit a bill. Our billing process begins after patient transport is concludedand the chart is completed, closed, and locked. Run sheets (ePCR) are then imported into our ambulance billing software. Our billing specialists review the ePCR to confirm that no data was lost on import. This may include key details that are important in the billing process. EMERGICON billers will manually review the chart and assign the billing codes (e.g., ALS, BLS, Resident, Non-Resident). Once the claim is coded, our team completes payer research. Billing and Collection Procedure11), when runs , our ESO Billing Software timestamps any record and then imports the claim. We ensure the dates are verified and compare the claim to any available patient log for the day.We request face sheets, payer information, demographics, and any other missing data from the receiving facility by fax, phone, or mail. If information is not received within 24 hours, an EMERGICON staff member calls the facility. If information is still not received within 48 hours, the request is re-sent and the staff member calls the facility again. 13. How do you handle any discrepancies noted in an ePCR? If EMERGICON notices any discrepancy in the ePCR, our Billing Lead will work directly with the contact (the individual responsible for billing and/or quality assurance) to coordinate the resolution of that discrepancy. This is possible because we rely on humansnot computersto review each claim manually. 14. Describe the policies and commitments you have in place to comply with all Federal and State laws governing insurance billing requirements. As stated above, EMERGICON billing and collection services are fully compliant with the Consumer Credit Protection Act, Texas Debt Collection Act, Federal Fair Debt Collection Practices Act, and all other laws applicable to this type of activity. We maintain the confidentiality of all medical and patient information in accordance with the Health Insurance Portability and Accountability Act of 1996 EMERGICON keeps abreast of the latest changes in insurance billing and maintains a pulse on the industry. We also offer annual compliance training to our clients at events throughout the year with ® our contracted legal firm, Page, Wolfberg, and Wirth, The National EMS Industry Law Firm. 15. Describe your policy and commitment toward providing superior customer services; including Our staff is trained to provide the utmost service and support, including bilingual services. They draw on years of customer service skills to listen to patients and understand their needs and 51 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 payment capabilities. As part of our ongoing training at EMERGICON, we routinely audit and listen to recorded calls between our staff and patients.We use these recorded calls, which are available at any time to our client, to provide feedback to our team on their professionalism and accuracy. We fully understand that times may arise where a patient does not agree with the billed amount. EMERGICON strives to verify all information regarding the dispute or hardship and then requests that you make the final determination. As your partner in billing, we want to ensure that you are comfortable with all bill disputes and hardship requests. 16. Describe the training and certifications that are required for insurance coders in your company. EMERGICONhas79highly qualified employees trained in ambulance billing and codingand certified in ambulance coding, billing, compliance, documentation, and HIPAA.We believe that our employees areour greatest strength. We work diligently to provide professional development opportunities for our staff as we continually improve our processes. We frequently send staff members to the Texas EMS Conference, Texas Ambulance Association conference, Texas EMS Alliance, ESO Wave, and industry. The EMS billing industry does not have requirements for training and certification. Nevertheless, EMERGICON strongly encourages and invests in ongoing education and training for staff members. As noted in the bios above, many of our staff members are certified by the National Academy of Ambulance Compliance (NAAC). These certifications include Certified Ambulance Coder (CAC), Certified Ambulance Compliance Officer (CACO), Certified Ambulance Privacy Officer (CAPO), and Certified Ambulance Documentation Specialist (CADS). For details about these certifications specific to the ambulance industry, please visit www.ambulancecompliance.com/content/certification. 17. Do you provide support during normal business hours by phone and/or on-line? What are your hours of operation? EMERGICON provides a toll-free phone number for billing inquiries: 877-602-2060. We strive to answer all client and patient inquiries within 12 business days of receipt. If we are unable to provide an answer, we will at least respond with a timeline on when we should have the requested information. One of the ways in which we encourage patients to contact us with questions is by distributing the cards shown below: Our regular hours of operation are Monday through Friday, from 8:00 a.m. to 5:00 p.m. Central Time. 52 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 However, we understand that EMS staff work around the clock 24/7, so we provide a cell phone number for our key leadership team,as well as 24-hour access to our Client Hotline in case the City needs to reach a manager outside of regular business hours. 18. How many account representatives, coders and/or supervisors will be dedicated specifically to City accounts? EMERGICON adopts a team approach This team will comprise two Billers, two Pre-billers responsible for supporting research, one Accounts Receivable Representative, one Payment Poster, and one Collections Representative. That team will work closely with our leadership team and will receive the support of our full staff of 79. 19. Describe the process used when your office receives a request for records by a lawyer or private citizen. When an attorney requests records, we direct them to use ChartSwap, a software platform for business-to-business Health Information Exchange, which connects medical records requestors and providers securely online. When a private citizen requestsrecords, we verify that process the request accordingly if he or she is legally entitled to have access to the requested information. We can share that information via certified mail. 20. Has your company been the subject of an investigation and found guilty in a fraud or abuse case? If yes, what was the outcome? No, EMERGICON has never been found guilty in a fraud or abuse case. 21. Have you provided billing services for a company that has been found guilty in a fraud or abuse case? If yes, what was the outcome? No, EMERGICON has not provided billing services for a company that has been found guilty in a fraud or abuse case. 22. Describe the process for remitting collections to the City and a typical schedule per month for submitting those collections. We will make remittances to the City via ACH payments in accordance with your desired schedule. th We close the month, send month-end reports by the 5business day, and then transfer the funds via ACH. We provide adetailed accounting of all payments, down to the penny, on a patient-by-patient basis. This provides full transparency for our clients; the City will always have access to the status of all claims and payments. sif desired. Although some of our competitors have a single lockbox for multiple clients, we prefer to establish a lockbox for each client to avoid any commingling of funds (whether actual or perceived) and potential credentialing problems. 53 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 23. Describe EMERICON is PCI-compliant. Our full compliance plan and Red Flag Rules are available upon request.Please refer to theCurrent SSAE 16 Type II Audit Documentation in the Required Submittalssection beginning on page 66. 24. Do you have Cyber Liability and Data Breach Response Declarations of Coverage? If so, what are your limits? Yes. EMERGICON has Cyber Liability insurance as follows: Aggregate limit $1,000,000 Each occurrence $2,000,000 Aggregate limit $4,000,000 For additional details, please refer to our Certificate of Liability Insurancein the RequiredSubmittals section beginning on page 66. 25. Describe how customer payments are received and how disbursements are to be handled. We will receive customer payments and handle disbursements preferences. If desired, EMERGICON will provide a lockbox for this purpose. All patients have access to view their balance and make online payments at any time through a web portal. Other payment options include a check, credit card, telephone payment, mailed-in payment, or walk-in payment to agree to a mutually acceptable solution to resolve their bill. 26. Describe how data is backed up and how the backups aretest (recovery testing). EMERGICON maintains our own primary server infrastructure, as well as the location. The building in which the servers are housed isa secure-access facility, and the server room itself is secured separately with limited access. EMERGICON utilizes modern, on-premise backup technology for rapid recovery. For disaster recovery, we utilize nightly cloud backups and virtualization technology in the event of an area-wide disaster. EMERGICON also has a documented and audited Disaster Recovery plan for use in the event of a natural disaster. Data is backed up locally and incrementally every 15minutes,using a third-party application (Veeam). Full backups are performed daily, as are offsite backups. Disaster recovery testing includes quarterly restores to development sources in accordance with the disaster recovery plan. 27. Detail your technical support capabilities and response times to problems. EMERGICON aims to respond to all inquiries within 1-2 business days. We provide customer support as described in response to Question 17. We use Freshdeskcustomer service software to address any technical problems with the portal, but in general,there is no need for technical support. 29. Do you have Errors and Omissions Liability coverage? If so describe your coverage limits. Yes. EMERGICON has Errors and Omissions coverage as follows: Aggregate limit $1,000,000 Each occurrence $2,000,000 Aggregate limit $4,000,000 54 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 For additional details, please refer to our Certificate of Liability Insurance in the RequiredSubmittals section beginning on page 66. 4.Implementation Schedule Describe your implementation schedule and provide a timeline that would include a start date of January 1, 2021. complete the transition and assume full responsibility for your EMS billing services within 4560 days. We anticipate beginningthe process in mid-November in order to meet your target start date of January 1, 2021. Onboarding Onboarding begins as soon as contracts are signed and executed. EMERGICON provides all new clients with a Client Success Manager,who will work with you and guide you through the onboarding process. The Client Success Manager will continue to serve asa liaison between you and EMERGICON throughout the engagement. Training Provided: ESO setup and use (provided by ESO Support) Who to call at EMERGICON What to expect in the first 90 days First 30 Days billing process. Your Client Success Manager will be in regular contact to answer any questions that may arise. Training Provided: How to read your end-of-month reports How to use ShareFile to send andreceive HIPAA-sensitive information How to access your daily run data Additional training sessions will be madeavailable as needed. Beyond the First 30 Days After 30 days with EMERGICON,you will have access to extensive end-of-month reports that cover your full billing income and claims. We will continually review and analyze your finances to ensure youare optimizing your claims and reimbursement capability. EMERGICON maintains a finger on the pulse of EMS industry news and changes. We may reach out to you with news and updates that can negatively orpositively affect your business. You will always haveaccess to the management team within EMERGICON. Training Provided: We routinely reach out to clients to ensure there are no outstanding questions or concerns. We offer additional training and resources for our clients as needed at no additional cost.We are prepared to that we provide up to three days (24 hours total) of training per calendar 55 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 year to the EMS staff, and we will share details of the training content and format upon request. EMERGICON also offers an annual Education by the Sea Conference in collaboration with Port Aransas EMS. All clients are welcome to attend this event, which provides documentation training and continuing education credits. For more information about the conference, please visit https://emergicon.com/education-by-the-sea/. 5.References This section shall be used by the Proposer to list a minimum of five (5) references from current clients, based in Texas with an average of 1,000 transports or medical claims processed for last fiscal year. Information for each reference should include; agency, contact name, contact number and email address. EMERGICON currently has more than 160 contracts with municipalities, local government agencies, and other ambulance transport service providers with a combined total volume of more than 175,000 transports per year. This client base is far larger than that of any of our competitors. We work with EMS providers throughout Texas, regardless of size. Some of our smallest, ruralclients (e.g., Marfa, and Terlingua) have just 5060 transports per year. In contrast,our larger, urban clients (e.g., San Marcos, Georgetown, and Grapevine) have well over 10,000 transports per year. EMERGICON has a 98% client retention rate, and many of those client relationships date back to our inception in 2006. Below we are providing contact information for five references. We will provide additional references upon request. ***The following information is CONFIDENTIAL and must not be disclosed.*** Reference #1 AgencyCity of Mineral Wells Location212 S. Oak Ave., Mineral Wells, TX 76067 Contact NameMichael Pool, Fire Chief Contact Emailmpool@mineralwellstx.gov Contact Tel940-328-7741 Average Transports/Claims 1,555processedin last fiscal year Implementation DateJanuary 15, 2015 Present Reference #2 AgencyCity of Deer Park Location2211 East X Street, Deer Park, TX 77536 Contact NameRobert Hemminger, EMS Director Contact Emailrhemminger@deerparktx.org Contact Tel281-478-7298 Average Transports/Claims 1,809processed in last fiscal year Implementation DateMarch 1, 2016 Present 56 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 Reference #3 AgencyCity of Dickinson Location4403 Hwy 3, Dickinson, TX 77539 Contact NameDerek Hunt, EMS Director Contact Emaildhunt@ci.dickinson.tx.us Contact Tel281-534-3065 Average Transports/Claims 1,025processedin last fiscal year Implementation DateNovember 9, 2011 Present Reference #4 AgencySanta Fe Fire & Rescue Inc Location13112 Hwy 6, Santa Fe, TX 77510 Contact NameChris Anderson, EMS Chief Contact Emailcaanderson@comcast.net Contact Tel409-739-6100 Average Transports/Claims 1,109processed in last fiscal year Implementation DateOctober 1, 2018 Present Reference #5 AgencyCoppell Fire Department Location255 Parkway Blvd., Coppell, TX 75019 Contact NameTim Russell, Division EMS Chief Contact Emailtrussell@coppelltx.gov Contact Tel972-304-3512 Average Transports/Claims 1,345processed in last fiscal year Implementation DateAugust 1, 2011 Present Reference #6 AgencyCity of Mansfield Location1305 E. Broad Street, Mansfield, TX 76063 ContactNameEric Peterson, Assistant Chief Contact Emaileric.peterson@mansfield-tx.gov Contact Tel817-276-4790 AverageTransports/Claims 3,269processed in last fiscal year Implementation DateJuly 1, 2009 Present Wealso invite you to review the following testimonials written by representatives of some of the municipalities, emergency services districts, and hospital districts whom we have helped to increase reimbursements and better serve citizens by improving their collections program. by almost 30%. Every claim is handled by a human being and not just a computer, which Paul Smith, EMS Director, Parker County/LifeCare EMS Brent Smith, EMS Director, Hopkins County can do for your agenc Chase Nielsen, Former EMS Director, El Campo EMS 57 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 revenue and we receive our money in a much shorter time frame. They are truly customer service driven and have exhibited a high level of both professionalism and Tim McIntosh, EMS Director/Chief, Port Aransas EMS make billing easy for us a Diane Powell, District Administrator, Sabine County Hospital District services for us. This was our first experience with third-party billing, and EMERGICON Robert Hemminger, Director of Emergency Services/City of Deer Park 6.Fees/Pricing Include details for the pricing model offered as well as a projection of revenue generated for three (3) years and provide basis and assumptions. Any fees not included in proposal will not be allowed. The City of La Porte is exempt from taxes. Based on our experience, knowledge, and proven process for EMS billing and collections, we will be able to return a higherpercentage andhigher cash collections. we project total cash collections of $770,700 in Year 1, but this figure rises to $972,499 under Regardless of which fee schedule the City selects, EMERGICON proposes a base commission rate of7% of all cash collections.We do not charge any additional fees. Year 1Year 2Year 3 Revenue Adjustment Factor-3.0%3.0% Annual Transports2,2592,3272,397 Current Fee Schedule Cash Per Transport$314.17$351.40$361.95 Cash Collections $770,700$793,821$817,636 Cash Per Transport$345.71$356.08$366.77 Cash Collections $780,963$804,392$828,524 Recommended Fee Schedule Cash Per Transport$430.50$443.41$456.72 Cash Collections $972,499$1,001,674$1,031,724 58 Confidential & Proprietary EMS Billing Services City of La Porte RFP #20510 7.Concluding Remarks This section shall contain any Proposer elaboration regarding the service philosophy, advantages, or other items of information that Proposer feels important to a clear understanding of the proposed In addition to the services, processes, and procedures described throughout this proposal, EMERGICON differentiates itselffrom other billing companies by offering the following value-added services to clients at no additional charge. In this way, EMERGICON can provide the highest-quality service while serving as a true partner to the City. Processing of attorney requests Compliance training, including an annual conference Annual analysis of fee schedule and payor mix On-site documentation training at the Medicare renewals and Medicaid revalidations We also offer the following services for an additional fee. We will provide details, including pricing information, upon request. Claims recovery Texas Ambulance Supplemental Payment Program (TASPP) Please note that EMERGIFIRE, a sister company of EMERGICON, offers Fire Recovery Billing services to Texas providers of firefighting, fire suppression, and rescue services. Fire Recovery Billing by EMERGIFIRE recovers the costs associated with motor vehicle accident extrication and hazardous material incident cleanup, as well as structure and industrial fire suppression. Eligible Fire Department billings include the following: Motor vehicle incidents Structure fire Vehicle fire Equipment fires Hazardous material incidents Industrial/commercial incidents Buildinginspections 8.Samples Please include samples of proposed bill layout. The following pagespresent our proposed bill layout. 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UP!JOTVSF!QSPQFS!DSFEJU!EFUBDI!BOE!SFUVSO!UIJT!QPSUJPO!JO!UIF!FODMPTFE!FOWFMPQF JG!QBZJOH!CZNBTUFSDBSE-!EJTDPWFS-!WJTB!PS!BNFSJDBO!FYQSFTT-!GJMM!PVU!CFMPX/ DIFDL!DBSE!VTJOH!GPS!QBZNFOU FNFSHJDPO NBTUFSDBSEEJTDPWFSWJTB BNFSJDBO!FYQSFTT QP!CPY!291557 DBSE!OVNCFSDTW!DPEF EBMMBT!UY!!86329 TJHOBUVSFFYQ/!EBUF QBUJFOU!SVO!OVNCFS TUBUFNFOU!EBUFVOQBJE!CBMBODF 1602403127 %211/11 BEESFTT!TFSWJDF!SFRVFTUFE OBNF!PO!DBSETIPX!BNPVOU QBJE!IFSF% $CXOGU\[G!$FHO7::35:2427169$ NBLF!DIFDLT!QBZBCMF!UP; 65 EMS Billing Services City of La Porte RFP #20510 RequiredSubmittals Bid Execution by a Corporation Acknowledgement Form Conflict of Interest Questionnaire Form 1295 Certificate of Interest Parties House Bill 89 Verification Form General Standard Terms & Conditions Certificate of Liability Insurance ***The following information is CONFIDENTIAL and must not be disclosed.*** Current SSAE 16 Type II Audit Documentation Certificate of Audit BridgeLetter from Seth Coussens, Technology Leader CMS Audit 66 Confidential & Proprietary 67 68 69 70 71 72 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX PHONE (A/C, No): (A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANYP ROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 73 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 9, 2020 001-General Fund Source of Funds: Requested By:Ray Mayo, Director Department:Public Works 001-6146-515-9094 Account Number: $506,832.00 Amount Budgeted: ReportResolutionOrdinance Amount Requested:$108,580.00 Exhibits:Correspondencefrom ApacheOil Company, Budgeted Item:YesNo 120-day fuel Estimate SUMMARY& RECOMMENDATION The Cityof La Portehas a contract for bulk diesel fuel and unleaded gasoline delivery th with SC Fuels, Inc.The current renewal contract ends January 72021, and was scheduled to rebid in December 2020. On September 29, 2020,SC Fuels contract carrierdelivered a load of unleaded fuel that was contaminatedin some manner. SC Fuels acted promptly to remedy the situation. On October 6, they sent notification that they were not inclined to accept responsibility for the event. As a result, SC Fuels has ceased deliveries until the situation is resolved. The need for fuel is critical to the operation of the City, and the Purchasing Department promptly secured a local distributor, Apache Oil, to serv period. The total annual budget for fuel is $506,832.00.We have estimated the 120- day expenditure at $108,580.00. The estimated expenditure for the interim period will exceed $50,000.00,thus requiring approval by City Council. Benefits:Operation of City services remains uninterrupted. Apache Oil is a local supplier that has provided excellent bulk fuel service to the City of La Portein the past. Liabilities:The time period or possibility for resolutionwith SC Fuels is undetermined. Staff recommends approval of a Purchase Order fuel needs for the interim period or until which time the contract can be re-bid. ACTION REQUIRED BY CITY COUNCIL Approval or other action for an interim purchase order for bulk fuel delivery with Apache Oil Company with an expenditure not to exceed $108,580.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 032 -Grant Fund Source of Funds: Requested By:Steve Deardorff, Chief Department:Police (Various) Account Number: $49,630 Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:FY 2019 Chapter 59 Asset Forfeiture Budgeted Item:YesNo Report by Law enforcement Agency and Related Financial Records Back Up SUMMARY& RECOMMENDATION According toChapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (G) proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the commissioners court or governing body of a municipality, as appropriate.In accordance with this requirement, a completed FY 2020 Chapter 59 Asset Forfeiture Audit Report by the La Porte Police Department (Law Enforcement Agency)is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a financial print out for all revenues and expenditures reported under the State seizure project number (SZST) and copies of all expenditure receipts are attached for council review.A summary of the fund is as follows: Beginning Balance $107,155.63 Receipts 11,481.28 Expenditures 25,547.11 Interest 1,259.82 Ending Balance $ 94,349.62 Staff recommends approval of the FY 2020 City of La Porte Police Department State audit/asset forfeiture report. ACTION REQUIRED BY CITY COUNCIL Approval of attached FY 2020 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 001 General Fund Requested By:Steve Deardorff, Chief Source of Funds:032 Grant Fund Department:Police 001-5258-521-8021 Account Number:032-5258-521-2015 ReportResolutionOrdinance $55,000.00 Amount Budgeted:$10,000.00 Exhibits:Sealed Bid #20018 Amount Requested:$51,300.00 Budgeted Item:YesNo SUMMARY& RECOMMENDATION Earlier this year, the La Porte City Council approved staff moving forward with the purchase of an Animal Control Mobile Adoption Trailer during the FY 2020-21 City Council pre-budget retreat. Staff budgeted funds inthe FY 2020-21 budget for a Mobile Adoption Trailerin the amount of $55,000.00.Additionally, it was discussed during the retreat that if a donation was made specifically for the adoption trailer, the funding would be utilized as well. A donation in the amount of $10,000.00 was made bydonorswho have requested to remain anonymous. Thisdonation was made specificallyfor the purchase and any upgradeof the trailer, such as graphics or other items to aid in the utilization of the trailer. As discussedduring the retreat, the mobile adoption trailer will be utilized for off-site animal adoption eventsin an effort to increase adoption rates, as well as evacuation platform for emergency situations. Specifications were developed, based on City and bid notices were advertised on September 24, 2020and October 1, 2020 in the Bay Area Observer, . Deerskin Manufacturing, Inc. was the only vendor who responded to the notice, with a bid of $51,300.00. The vendors response to the bid was reviewed and determined to be within the required specs and willmeet the needs of the Animal Control Center. The trailer will include two rooftopair conditioners and a heaterto provide humane temperatures all year round. It also includes a 20 gallon freshwater tank for the animals and a 6 gallon water heater to heat water for cleaning purposes.The trailer will have 18 kennels, 3 of which have dividers for smaller animals making the capacity between18to 21animals. An alternate item for a wrap/graphics was on the bid, but the vendor is not able to supply that service or product. Staff has inquired as to the cost of graphics with a local vendor and was given an estimate of $4,000.00. An exact quote for the graphics cannot be given until the graphic layout is determined, which is best to decide once we have taken delivery of the trailer. Once the graphic layout and needs have been established quotes will be obtained following Purchasing guidelines; including researching the availability to obtain through a Buy Board or HGAC. Staff recommends awarding bid #20018 to Deerskin Manufacturing, Inc. for the purchase of an Animal Control Mobile Adoption Trailer in the amount of $51,300.00. ACTION REQUIRED BY CITY COUNCIL Approval of bid award # 20018 to Deerskin Manufacturing, Inc. for the trailer for Animal Control Mobile Adoptions in the amount of $51,300.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 Utility/CIP Source of Funds: Requested By:Michael Dolby, Director Department:Finance Multiple Account Number: $483,350.00 Amount Budgeted: ReportResolutionOrdinance Amount Requested:$483,350.00 Exhibits:Sole Source Letter from Neptune Budgeted Item:YesNo SUMMARY& RECOMMENDATION Reading (AMR) system is comprised solely of Neptune water meters and parts. Components of other manufacturers are not compatible with the Neptune system. Core and Main of Houston is the only distributor in the Houston and Southeast Texas area for the Neptune meters and parts making them the sole source supplier for this area. to insure the accuracy of the AMR system through the replacement of residential and commercial meters, meter interface units, registers and antennas. Due to the electronic components of the meter; the interface units, registers and antennas are not repaired but replaced with new parts as needed. Neptune meters are reliable and each cycle we are able to read 97% electronically.The life cycle of a meter is about ten years. These parts will be purchased as needed throughout FY 2021. Budgeted amount includes residential and commercial meter replacement programs, new services and meter repairs. ACTION REQUIRED BY CITY COUNCIL Authorize approval to purchase Neptune meters and parts from Core and Main. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date October 05,2020 Neptune Sole Source Letter Ms. Ashley Lovercheck City of LaPorte 604 W. Fairmont Pkwy. LaPorte, TX 77571 RE: Sole Source Neptune Letter Ms. Lovercheck, Neptune Technology Group, Inc has always valued the Cityof LaPorte, Texas as a loyal customer. I want to clarify,Core & Main, formerly HD Supply Waterworks,is the sole,exclusive authorized Neptune Technology Group distributor for the State of Texas. As the sole source provider of all Neptune products, the City of LaPortecan continue to depend on Core and Main for all of your metering needs. Please direct all Neptune product communicationto Core & Main for local sales andsupport. Regards, Hunter Brown –S Texas Territory Manager Email: hbrown@neptunetg.com Cell: 334-415-2032 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the propertylocated at0 Park Drive(Lots 18 & 19, Block 1114, Town of La Porte, Harris County, Texas)on the public resale list since 2012and has received a minimum bid from Eliseo Cantu, Jr.in the amount of $2,600.00, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2010-057460 Park Drive, La Porte, Texas 77571Offer $2,600.00(cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approve or deny a bid by Eliseo Cantu, Jr. to acquire a tax resale property described as: Lots18 & 19, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115,of the Deed Records of Harris County, Texas. Account No. 024-191-000-0018. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date L INEBARGER G OGGAN B LAIR &S AMPSON,LLP A TTORNEYS AT L AW 4828 Loop Central Drive Suite 600 Houston, TX 77081 ____________ Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2010-05746; La Porte ISD, Et Al vs. Dorothy Mae Cook, Et Al Legal Description: Lots 18 & 19, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191-000-0018 Situs Address: 0 Park Dr., La Porte 77571 th Street, Texas 77571 Bidder: Eliseo Cantu, Jr., 631 S. 4 Date of Sale: October 2, 2012 Amount of Bid:$2,600.00 Judgment Amount: $2,022.79 Cost of Lawsuit: $724.00 (Included in the Judgment Amount) AdjudgedValue: $4,000.00 % of Total Due: 102% (Of Judgment Amount, Costs and Post-Judgment Taxes) % of AdjudgedValue:65% JUDGMENT TAX YEARS: Entity NameAmount DueEach EntityAmount To Be Received City of La Porte(2005-2010)$310.81(24%) $324.37 La Porte ISD(2005-2010) $639.51(49%) $662.25 Harris County(2005-2011) $280.15(22%) $297.34 San Jacinto CCD(2005-2010) $68.32(5%) $67.57 Totals$1,298.79$1,351.53 *Pursuant to Section 34.06 of the Texas Property Tax Code, the Costs of Suit and Sale must be paid prior to the tax years included in the judgment and also the attorney fees due to your tax collection law firm. The Costs of Suit and Sale do not include any amounts due to the Linebarger Law Firm. POST-JUDGMENT TAX YEARS: EntityNameAmount Due Each EntityAmount To Be Received City of La Porte(2011-2012)$129.46$129.46 La PorteISD(2011-2012)$245.11$245.11 Harris County(2011-2012)$116.06$116.06 San Jacinto CCD(2011-2012) $33.84 $33.84 Totals$524.47$524.47 RESOLUTION 2020-28 THE STATE OF TEXAS§ § KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lots 18 & 19, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024- 191-000-0018 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on October 2, 2012, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $2,600.00 to purchase the property from the Eliseo Cantu, Jr. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Eliseo Cantu, Jr. and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Page 1 of 2 Authorities, to transfer title to the individual submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGEDISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by ELISEO CANTU, JR. hereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2010-05746; La Porte ISD, Et Al vs. Dorothy Mae Cook, Et Al, in the th 127 District Court of Harris County, said property described as follows: Lots 18 & 19, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191-000-0018 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, hisheirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 2010-05746Page 1 Taxes for the 2011 and 2012tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Eliseo Cantu, Jr. th 631 S. 4Street La Porte, TX. 77571 Suit No. 2010-05746Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the propertylocated at0 Park Drive(Lot 20, Block 1114, Town of La Porte, Harris County, Texas)on the public resale list since 2012and has received a minimum bid from Eliseo Cantu, Jr.in the amount of $2,300.00, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2010-057460 Park Drive, La Porte, Texas 77571Offer $2,300.00(cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approveor deny a bid by Eliseo Cantu, Jr. to acquire a tax resale property described as: Lot 20, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191-000-0020. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date L INEBARGER G OGGAN B LAIR &S AMPSON,LLP A TTORNEYS AT L AW 4828 Loop Central Drive Suite 600 Houston, TX 77081 ____________ Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2010-05746; La Porte ISD, Et Al vs. Dorothy Mae Cook, Et Al Legal Description: Lot 20, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191-000-0020 Situs Address: 0 Park Dr., La Porte 77571 th Street, Texas 77571 Bidder: Eliseo Cantu, Jr., 631 S. 4 Date of Sale: October 2, 2012 Amount of Bid:$2,300.00 Judgment Amount: $4,935.54 Cost of Lawsuit: $724.00 (Included in the Judgment Amount) AdjudgedValue: $2,000.00 % of Total Due: 39% (Of Judgment Amount, Costs and Post-Judgment Taxes) % of AdjudgedValue:120% JUDGMENT TAX YEARS: Entity NameAmount DueEach EntityAmount To Be Received City of La Porte(1986-2010)$1,081.41(26%)$342.98 La Porte ISD(1986-2010) $2,188.75(52%)$685.96 Harris County(1989-2011) $791.85(19%) $250.64 San Jacinto CCD(1989-2011) $149.53(3%) $39.58 Totals$4,211.54$1,319.16 *Pursuant to Section 34.06 of the Texas Property Tax Code, the Costs of Suit and Sale must be paid prior to the tax years included in the judgment and also the attorney fees due to your tax collection law firm. The Costs of Suit and Sale do not include any amounts due to the Linebarger Law Firm. POST-JUDGMENT TAX YEARS: EntityNameAmount Due Each EntityAmount To Be Received City of La Porte(2011-2012)$64.71 $64.71 La PorteISD(2011-2012)$122.55$122.55 Harris County(2011-2012)$53.87$53.87 San Jacinto CCD(2011-2012) $15.71 $15.71 Totals$256.84$256.84 RESOLUTION 2020-29 THE STATE OF TEXAS§ § KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lot 20, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191- 000-0020 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on October 2, 2012, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and itis in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $2,300.00 to purchase the property from the Eliseo Cantu, Jr. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Eliseo Cantu, Jr. and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Page 1 of 2 Authorities, to transfer title to the individual submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGEDISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by ELISEO CANTU, JR. hereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2010-05746; La Porte ISD, Et Al vs. Dorothy Mae Cook, Et Al, in the th 127 District Court of Harris County, said property described as follows: Lot 20, Block 1114, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-191-000-0020 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, hisheirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 2010-05746Page 1 Taxes for the 2011 and 2012tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Eliseo Cantu, Jr. th 631 S. 4Street La Porte, TX. 77571 Suit No. 2010-05746Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the property located at0 Donaldson Avenue(Lots 20 & 21, Block 50, Bay Front Addition to the Town of La Porte, Harris County, Texas)on the public resale list since 2011and has received a minimum bid from Jason Denbyin the amount of $13,862.28, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2010-280920 Donaldson Avenue, La Porte, Texas77571Offer $13,862.28 (cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approveor deny a bid by Jason Denbyto acquire a tax resale property described as: Lots20 & 21, Block 50, Bay Front Additionto the Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 1, Page 27, of the Map and Plat Records of Harris County, Texas. Account No. 006-140- 000-0020. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date L INEBARGER G OGGAN B LAIR &S AMPSON,LLP A TTORNEYS AT L AW 4828 Loop Central Drive Suite 600 Houston, TX 77081 ____________ Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2010-28092; La Porte ISD, Et Al vs. Margaret Cregut, Trustee for Paul E. Cregut, Et Al Legal Description: Lots 20 & 21, Block 50, Bay Front Addition to the Town of La Porte, Harris County, Texas, Account No. 006-140-000-0020 Situs Address: 0 Donaldson Avenue, La Porte 77571 Bidder: Jason Denby, 2618 Estate Drive, Deer Park, Texas 77536 Date of Sale: December 6, 2011 Amount of Bid:$13,862.28 Judgment Amount: $12,814.82 Cost of Lawsuit: $2,575.00 (Included in the Judgment Amount) AdjudgedValue: $15,000.00 % of Total Due: 100% (Of Judgment Amount, Costs and Post-Judgment Taxes) % of AdjudgedValue:92% JUDGMENT TAX YEARS: Entity NameAmount DueEach EntityAmount To Be Received City of La Porte(1993-2010)$2,272.06$2,272.06 La Porte ISD(1993-2010) $4,954.06$4,954.06 Harris County(1993-2010) $2,062.25$2,062.25 San Jacinto CCD(1993-2010) $428.99$428.99 Totals$9,717.36$9,717.36 *Pursuant to Section 34.06 of the Texas Property Tax Code, the Costs of Suit and Sale must be paid prior to the tax years included in the judgment and also the attorney fees due to your tax collection law firm. The Costs of Suit and Sale do not include any amounts due to the Linebarger Law Firm. POST-JUDGMENT TAX YEARS: EntityNameAmount Due Each EntityAmount To Be Received City of La Porte(2011) $257.59$257.59 La PorteISD(2011)$491.58$491.58 Harris County(2011)$230.95$230.95 San Jacinto CCD(2011) $67.34 $67.34 Totals$1,047.46$1,047.46 RESOLUTION 2020-30 THE STATE OF TEXAS§ § KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lots 20 & 21, Block 50, Bay Front Addition to the Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 1, Page 27, of the Map and Plat Records of Harris County, Texas. Account No. 006-140-000-0020 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on December 6, 2011, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $13,862.28 to purchase the property from the Jason Denby. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Jason Denby and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Page 1 of 2 Authorities, to transfer title to the individual submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JASON DENBY hereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2010-28092; La Porte ISD, Et Al vs. Margaret Cregut, Trustee for Paul E. Cregut, Et Al, in the th 113 District Court of Harris County, said property described as follows: Lots 20 & 21, Block 50, Bay Front Addition to the Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 1, Page 27, of the Map and Plat Records of Harris County, Texas. Account No. 006-140- 000-0020 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, hisheirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Suit No. 2010-28092Page 1 Tax Code. GRANTEEacknowledgesand agreesthat this conveyance is expressly made without warranty. Taxes for the 2011 tax year and also the present tax year are to be paid by GRANTEEherein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Jason Denby 2618 Estate Dr. Deer Park, TX. 77536 Suit No. 2010-28092Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the property located at0 Park Drive(Lots 29, 30 & 31, Block 1118, Town of La Porte, Harris County, Texas)on the public resale list since 2013and has received a minimum bid from Edgar Eliseo Cantuin the amount of $10,600.00, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2011-593730 Park Drive, La Porte, Texas 77571Offer $10,600.00(cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approve or denya bid by Edgar Eliseo Cantuto acquire a tax resale property described as: Lots29, 30 & 31, Block 1118, Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 60, Page 115, of the DeedRecords of Harris County, Texas. Account No. 024-192-000-0029. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION 2020-31 THE STATE OF TEXAS§ § KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lots 29, 30 & 31, Block 1118, Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-192-000-0029 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on February 5, 2013, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $10,600.00 to purchase the property from the Edgar Eliseo Cantu. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Edgar Eliseo Cantu and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Page 1 of 2 Authorities, to transfer title to the individual submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGEDISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by EDGAR ELISEO CANTU hereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2011-59373; La Porte ISD, Et Al vs. Robert Silva aka Roberta Tatum, Et th Al, in the 270 District Court of Harris County, said property described as follows: Lots 29, 30 & 31, Block 1118, Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 60, Page 115, of the Deed Records of Harris County, Texas. Account No. 024-192-000-0029 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 2011-59373Page 1 Taxes for the 2012 and 2013 tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Edgar Eliseo Cantu th 631 S. 4Street La Porte, TX. 77571 Suit No. 2011-59373Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 001-General Fund Source of Funds: Requested By:Michael Dolby, Director Department:Finance 001-6145-515-5007 Account Number: $63,107 Amount Budgeted: ReportResolutionOrdinance Amount Requested:$63,107 Exhibits:Interlocal Tax Collection Agreement Budgeted Item:YesNo SUMMARY& RECOMMENDATION The City of La Porte entered into an Interlocal Tax Collection Agreement with Goose Creek CISD in June of 2016. Legislative changes made through House Bill 3 and Senate Bill 2 have adjustedthe regulatory requirements for tax assessment and collections. The interlocal tax collection agreement language has been updated to match the language revisions of the tax assessment code as required now by the new law mandates. The revised language includes theNo New Revenue Rate (NNR),which replaces the Effective Tax Rate, and the Voter Approval Rate (VAR),which replaces the Rollback Rate,and meets the new required law mandates for assessment-collection processes. Also, the contract includes a slight increase of five cents($0.05)or1.5%, bringing the rate to $3.45 per property account. Therate has not changed since the contract originatedin 2016. Based on the current number of property accounts, the increase is estimated to be only $1,057annually, which has been adequately budgeted at $63,107. The City has partnered with Goose Creek CISD for the past four (4) years. During that period, the City has saved nearly $300,000, and the collection rate has averaged 98.9%. The contract begins December 1, 2020 and runs through July 31, 2023 and shall st automatically renew for one-year terms commencing August 1each year. The current contract automatically renewed in August 2020; however, the new regulatory requirements regarding the language revisions required the contract to be adjusted. ACTION REQUIRED BY CITY COUNCIL Approve or deny the Interlocal Tax Collection Agreement with Goose Creek Consolidated Independent School District. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date INTERLOCAL CONTRACT FOR PROPERTY TAX COLLECTION SERVICES On this the 9th day of November, 2020, Goose Creek Consolidated Independent School District, located in Harris City of La Porte, located in Harris ontract for of the Texas Tax Code and Chapter 791 of the Texas Government Code. WITNESSETH WHEREAS the SCHOOL DISTRICT and the TAXING UNIT are local political subdivisions established and existing under the constitution and laws of the State of Texas and are governed by duly elected boards or councils who are authorized to enter into interlocal agreements; and WHEREAS the TAXING UNIT and the SCHOOL DISTRICT, the parties to this Agreement, wish to consolidate the assessment and collection of property taxes under one agency, the SCHOOL DISTRICT, and the TAXING UNIT enter this Agreement to eliminate duplication of the existing systems and to promote governmental efficiency and economy; NOW THEREFORE, the parties do hereby agree as follows: I. TERM 1.1. The initial term of this Agreement shall be from December 1, 2020 to July 31, 2023 and shall automatically renew thereafter for one-year terms, commencing on August 1st of each year unless either party terminates this Agreement by providing the other party written notice of termination. Notice of termination must be provided on or before April 1st of the year for which said termination is effective. Such notice shall be in writing and directed to the presiding officer of the governing body of the other party. Such termination shall be effective on August 1st of the year in which such notice is provided. Upon the effective date of termination, the TAXING UNIT shall be liable for the remaining payments for the year of termination and the SCHOOL DISTRICT shall be responsible for providing the services required under this Agreement until such termination date. Upon termination, the SCHOOL DISTRICT delinquent tax records in a tab delineated flat file format and/or other formats, as designated by the TAXING UNIT and approved by SCHOOL DISTRICT. II. SERVICES TO BE PERFORMED 2.1. The SCHOOL DISTRICT agrees to assess and collect the property taxes owing to the TAXING UNIT. 2.2. The TAXING UNIT expressly authorizes the SCHOOL DISTRICT to do and perform all acts necessary and proper to collect taxes for the TAXING UNIT. For each year that this Agreement is in effect, the assessor and collector, including, but not limited to, the following: submission of the tax appraisal roll to the governing body of the TAXING UNIT; calculation of tax; preparation of current and delinquent tax proration of taxes; correction of tax rolls; collection of current and delinquent tax rolls; issuance of tax assist the TAXING UNIT in matters dealing with the tax roll and the central appraisal district, and furnish the TAXING UNIT collection reports as required by law as well as other reports required by the TAXING UNIT, including, but not limited to, reports concerning assessed values, corrections/supplements, collections, delinquent accounts, and top ten taxpayers. TAXING UNIT shall provide all records and this Agreement. 2.3. The SCHOOL DISTRICT agrees to prepare current and delinquent tax statements, individual or mail said tax statements to each taxpayer or authorized agent for property within the TAXING UNIT in accordance with the Texas Property Tax Code. 2.4. The SCHOOL DISTRICT on behalf of the TAXING UNIT shall receive information from the appraisal district for the purposes of the certified appraisal roll and monthly changes thereto and provide tax roll and payment data to mortgage companies, property owners and tax representatives. 2.5. The SCHOOL DISTRICT shall be responsible for preparing and publishing all notices that are required contrary. The TAXING UNIT expressly agrees to set and deliver notice of its tax rate to the SCHOOL DISTRICT within sixty days (60) of receipt of certified roll delivery provided by appraisal district. 2.6. The TAXING UNIT hereby designates the Tax Assessor-Collector of the SCHOOL DISTRICT as the tax assessor/collector for TAXING UNIT (1) for the collection of ad valorem taxes, including, as TAXING UNIT and (2) as the party responsible for calculating the no-new-revenue tax rate and voter-approval tax rate for the TAXING UNIT as required by Section 26.04 of the Texas Tax Code. The TAXING UNIT shall provide the SCHOOL DISTRICT with the amount needed to pay principal and interest on debt and the amount needed to pay any contractual obligations for debt issued by the TAXING UNIT on behalf of another political subdivision, which amounts are required by law for calculation of the no-new-revenue tax rate. The TAXING UNIT shall also furnish the SCHOOL DISTRICT with the estimated fund balances required to be published with the no-new-revenue tax rate include any of those that are the responsibility of the appraisal district. 2.7. 2.8. The SCHOOL DISTRICT shall provide values of all land and all other tangible property, real, personal or mixed, in TAXING UNIT. 2.9. The SCHOOL DISTRICT shall train designated employee of the TAXING UNIT to collect taxes at the TAXING UNIT designated site. The SCHOOL DISTRICT shall also provide TAXING UNIT with parties to perform under the terms of this Agreement. The SCHOOL DISTRICT shall provide secure connection to the TAXING UNIT at the TAXING UNIT location. III. REMITTANCE OF FUNDS COLLECTED 3.1. The SCHOOL DISTRICT agrees to receive and post on a timely basis all tax payments, depositing such TAXING UNIT agrees to receive and post on a timely basis all tax payments received at TAXING UNIT location and in accordance with procedures designated by SCHOOL DISTRICT. 3.2. The SCHOOL DISTRICT agrees to electronically transfer to TAXING UNIT the taxes, penalties and interest collected by deposit into a depository selected by TAXING UNIT. A report of each deposit will be completed to show the amount and distribution of monies deposited. This report will be forwarded to TAXING UNIT with each electronic deposit transfer to TAXING UNIT. IV. BOND 4.1. The SCHOOL DISTRICT shall maintain a bond conditioned on the faithful performance of its duties as Assessor and Collector of the TAXING UNIT. TAXING UNIT agrees to maintain a bond conditioned on the faithful performance of their assigned employee, for its duties as a Tax Collection Clerk. V. ACCOUNTING 5.1. The SCHOOL DISTRICT shall provide a monthly and annual accounting of all funds collected and payments received from the TAXING UNIT. A copy of the accounting report shall be provided to the TAXING UNIT at no additional cost. TAXING UNIT will provide accounting report of all funds collected each business day at the TAXING UNIT location by assigned employee in format designated by SCHOOL DISTRICT at no additional cost. 5.2. The SCHOOL DISTRICT shall make available to the TAXING UNIT all records of funds collected and payments received from the TAXING UNIT. Such records shall be made available to the TAXING UNIT or its auditor upon request at no additional charge. 5.3. The SCHOOL DISTRICT shall provide and make available to the TAXING UNIT all records which relate in any way to the fee referenced in 6.1 and any increase in the per account charge as authorized by Section 6.2. A copy of the records shall be provided to the TAXING UNIT at no additional cost. VI. PAYMENT 6.1. In consideration of the services to be provided to the TAXING UNIT by the SCHOOL DISTRICT pursuant to this Agreement, the TAXING UNIT will pay the SCHOOL DISTRICT: 6.1.1. Three DOLLARS AND forty-five CENTS ($3.45) per annum per TAXING UNIT property account which is within the current boundaries of the TAXING UNIT or any future account(s) which is within the boundaries of the TAXING UNIT, which amount the parties agree does not exceed the SCHOOL DISTRICTs actual cost incurred in performing the services required under this Agreement. 6.2. The SCHOOL DISTRICT shall have the option of increasing the per property account charge every year that the SCHOOL DISTRICT and the TAXING UNIT have contracted for tax collections services under the terms of this Agreement if the costs of collection increase, provided that at all times during the term of this Agreement, (i) the per property account charge shall never exceed the SCHOOL DISTRICTs actual cost incurred in performing the services required under this Agreement, (ii) the per property account charge shall never increase more than $0.10 per year and not more than $0.20 over a three-year period. 6.3. In the event such collection costs increase, the SCHOOL DISTRICT shall furnish the TAXING UNIT the calculations reflecting such increases thirty (30) days prior to May 1 in the year in which such increases are to take effect. 6.4. The payments for services rendered by the SCHOOL DISTRICT under this Agreement shall be billed to the TAXING UNIT annually one month before the fiscal year-end. The TAXING UNIT agrees to pay for such services within thirty (30) days of receipt of such billing, nonpayment will result inapplicable interest being charged as allowed by law. 6.5. Further, if the TAXING UNIT does not have sufficient sums of money in its collected tax account at the SCHOOL DISTRICT to cover its share of taxes refunded, TAXING UNIT agrees to reimburse the of a notice this such refund has been paid. 6.6. The TAXING UNIT shall pay all sums required herein from its then current revenues. VII. ADMINISTRATIVE PROVISIONS 7.1. The SCHOOL DISTRICT shall retain all fees charged for the issuance of tax certificates and other charges made by the SCHOOL DISTRICT for collection of taxes. All such fees and charges shall not exceed the actual cost of the service provided and shall not exceed the charge assessed by the SCHOOL DISTRICT for the same services to its taxpayers. 7.2. The TAXING UNIT may authorize the SCHOOL DISTRICT to contract with an attorney at law recommended by the SCHOOL DISTRICT for the collection of delinquent taxes due the TAXING UNIT or may retain its own attorney or law firm for the collection of delinquent taxes due the TAXING UNIT. The SCHOOL DISTRICT is authorized to forward from the funds collected under this Agreement all collection attorney or law firm for the collection of the TAXING xes. 7.3. The TAXING UNIT shall provide to the SCHOOL DISTRICT, without charge, copies of all records necessary for performance by the SCHOOL DISTRICT under this Agreement, including, but not limited to, hard copies and computer files (if available) containing all current and delinquent tax records for the TAXING UNIT. Such records shall be kept in accordance with all applicable record retention policies. VIII. MISCELLANEOUS PROVISIONS 8.1. This instrument contains the entire Agreement between the parties relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification inwriting signed by all parties hereto. 8.2. The SCHOOL DISTRICT and the TAXING UNIT shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, policies, regulations, and ordinances of the TAXING UNIT, City of La Porte and SCHOOL DISTRICT as they now exist or may hereafter be enacted or amended. 8.3. Except as otherwise provided all notices required to be given hereunder shall be given in writing either by electronic mail, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed five (5) days after the date of mailing thereof to the following addresses: DISTRICT Goose Creek CISD Attn: Superintendent P.O. Box 30 Baytown, TX 77522 Fax No. (281) 420-4854 TAX ENTITY City of La Porte Attn: City Manager 604 W. Fairmont Parkway La Porte, Texas 77571 8.4. Failure of either party hereto insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. The rights and remedies contained in this Agreement shall not be exclusive but shall be cumulative of all other rights and remedies, now or hereinafter existing, whether by statue, at law, or in equity; provided that the parties shall not terminate this Agreement except in accordance with the provisions hereof. 8.5. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas, venue for any legal proceeding relating to this Agreement shall be in Harris County, Texas. 8.6. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 8.7. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the SCHOOL DISTRICT and the TAXING UNIT only. 8.8. The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. 8.9. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8.10. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.11. The SCHOOL DISTRICT is engaged as an independent contractor, and all of the services provided for herein shall be accomplished by the SCHOOL DISTRICT in such capacity. The TAXING UNIT shall performance of this Agreement. All personnel supplied or used by the SCHOOL DISTRICT shall be deemed employees or subcontractors of the SCHOOL DISTRICT and will not be considered employees, agents or subcontractors of the TAXING UNIT for any purpose whatsoever. Each party to this Agreement agrees that it shall have no liability whatsoever for the actions or occurred. Each party is solely responsible for the actions and/or omissions of its employees and officers. 8.12. This Agreement may not be assigned by either party. 8.13. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on this 9th day of November, 2020. GOOSE CREEK CONSOLIDATED CITY OF LA PORTE INDEPENDENT SCHOOL DISTRICT Board President, Jessica Woods Mayor ATTEST: Board Secretary, Howard Sampson City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the propertylocated atW. Madison St.(Lots 9, 10 & 11, Block 422, Town of La Porte, Harris County, Texas)on the public resale list since 2000and has received a minimum bid fromGus R. Briedenin the amount of $5,963.99, which includes judgment value plus costs and post-judgment taxes. Currently, the propertyis vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2000-11948W. Madison St., La Porte, Texas 77571Offer $5,963.99(cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approveor deny a bid by Gus R.Briedento acquire a tax resale property described as: Lots 9, 10 & 11, Block 422, Town of La Porte, Harris County, Texas, more particularly described in a deed filed in the Real Property Records of Harris 024-050-022-0004. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date L INEBARGER G OGGAN B LAIR &S AMPSON,LLP A TTORNEYS AT L AW 4828 Loop Central Drive Suite 600 Houston, TX 77081 ____________ Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2000-11948; City of La Porte, Et Al vs. Mobile America Sales Corporation, a Defunct Texas Corporation Legal Description: Lots 9, 10 & 11, Block 422, Town of La Porte, Harris County, Texas; Account No. 024-050-022-0004 Situs Address: W. Madison St., La Porte 77571 Bidder: Gus R. Brieden, 222 Bayshore Dr., La Porte Texas 77571 Date of Sale: December 5, 2000 Amount of Bid:$5,963.99 Judgment Amount: $4,812.15 Cost of Lawsuit: $ (Included in the Judgment Amount): $1,016.00 AdjudgedValue: $9,380.00 % of Total Due: 100% (Of Judgment Amount, Costs and Post-Judgment Taxes) % of Adjudged Value: 64% JUDGMENT TAX YEARS: Entity NameAmount DueEach EntityAmount To Be Received City of La Porte(1993-1999)$806.49(23%) $873.11 La Porte ISD(1993-1999) $1,793.06(52%)$1,974.00 Harris County(1993-1999) $718.16(21%) $797.19 San Jacinto CCD(1993-1999) $121.07(4%) $151.85 Totals$3,438.78$3,796.15 *Pursuant to Section 34.06 of the Texas Property Tax Code, the Costs of Suit and Sale must be paid prior to the tax years included in the judgment and also the attorney fees due to your tax collection law firm. The Costs of Suit and Sale do not include any amounts due to the Linebarger Law Firm. POST-JUDGMENT TAX YEARS: EntityNameAmount Due Each EntityAmount To Be Received City of La Porte(2000) $267.29$267.29 La PorteISD(2000)$613.63$613.63 Harris County(2000)$226.81$226.81 San Jacinto CCD(2000) $44.11 $44.11 Totals$1,151.84$1,151.84 RESOLUTION 2020-32 THE STATE OF TEXAS§ § KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lots 9, 10 & 11, Block 422, Town of La Porte, Harris County, Texas, more particularly described in a deed filed in the Real Property Records of Harris County, Texas under Harris County Clerk’s File Number N603387; Account No. 024-050-022-0004 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on December 5, 2000, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $5,963.99 to purchase the property from the Gus R. Brieden. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Gus R. Brieden and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Authorities, to transfer title to the individual submitting the offer to purchase the property. Page 1 of 2 APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGEDISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by GUS R. BRIEDENhereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2000-11948; City of La Porte, Et Al vs. Mobile America Sales Corporation, a Defunct Texas th Corporation, in the 270 District Court of Harris County, said property described as follows: Lots 9, 10 & 11, Block 422, Town of La Porte, Harris County, Texas, more particularly described in a deed filed in the Real Property Records of Harris County, Texas under Harris County Clerk’s File Number N603387; Account No. 024-050-022-0004 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, hisheirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Suit No. 2000-11948Page 1 Tax Code. GRANTEEacknowledgesand agreesthat this conveyance is expressly made without warranty. Taxes for the 2000 tax year and also the present tax year are to be paid by GRANTEEherein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Gus R. Brieden 222 Bayshore Dr. La Porte, TX. 77571 Suit No. 2000-11948Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November9, 2020 N/A Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Resolution, Deed, Attorney Letter, Analysis, Budgeted Item:YesNo Bid & Map SUMMARY& RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the propertylocated atW. Madison(Lot 12, Block 422, Town of La Porte, Harris County, Texas)on the public resale list since 2014and has received a minimum bid from Gus R.Briedenin the amount of $1,713.28, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At thistime staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2012-64140W. Madison, La Porte, Texas 77571Offer $1,713.28(cost + taxes) ACTION REQUIRED BY CITY COUNCIL Approveor deny a bid by Gus R.Briedento acquire a tax resale property described as: Lot 12, Block 422, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in the Map or Plat Records of Harris County, Texas. Account No. 024-050-022-0002. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date L INEBARGER G OGGAN B LAIR &S AMPSON,LLP A TTORNEYS AT L AW 4828 Loop Central Drive Suite 600 Houston, TX 77081 ____________ Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2012-64140; La Porte ISD, Et Al vs. Myrtle Scott, aka Myrtle Bledsoe, Et Al Legal Description: Lot 12, Block 422, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in the Map or Plat Records of Harris County, Texas. Account No. 024-050-022-0002 Situs Address: W. Madison., La Porte 77571 Bidder: Gus R. Brieden, 222 Bayshore Dr., La Porte, Texas 77571 Date of Sale: July 1, 2014 Amount of Bid:$1,713.28 Judgment Amount: $10,045.72 Cost of Lawsuit: $2,118.81 (Included in the Judgment Amount) AdjudgedValue: $1,563.00 % of Total Due: 17% (Of Judgment Amount, Costs and Post-Judgment Taxes) % of Adjudged Value: 110% JUDGMENT TAX YEARS: Entity NameAmount DueEach EntityAmount To Be Received City of La Porte(1990-2012)$2,011.53$0 La Porte ISD(1990-2012) $4,285.02$0 Harris County(1992-2012) $1,369.61$0 San Jacinto CCD(1992-2012) $260.75$0 Totals$7,926.91$0 *Pursuant to Section 34.06 of the Texas Property Tax Code, the Costs of Suit and Sale must be paid prior to the tax years included in the judgment and also the attorney fees due to your tax collection law firm. The Costs of Suit and Sale do not include any amounts due to the Linebarger Law Firm. POST-JUDGMENT TAX YEARS: EntityNameAmount Due Each EntityAmount To Be Received City of La Porte(2013-2014)$53.00 $53.00 La PorteISD(2013-2014)$99.27 $99.27 Harris County(2013-2014)$31.02$31.02 San Jacinto CCD(2013-2014) $9.05 $9.05 Totals$192.34$192.34 RESOLUTION 2020-33 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RESOLUTION AND ORDER WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District (“Taxing Authorities”) foreclosed on a property (“the property”) through a delinquent tax lawsuit and judgment identified as follows: Lot 12, Block 422, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in the Map or Plat Records of Harris County, Texas. Account No. 024-050-022-0002 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on July 1, 2014, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $1,713.28 to purchase the property from the Gus R. Brieden. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: 1. That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution; 2. That the City of La Porte accepts the tax resale offer by Gus R. Brieden and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Authorities, to transfer title to the individual submitting the offer to purchase the property. Page 1 of 2 APPROVED, PASSED AND ORDERED this the _____ day of ______________, 2020. _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRISX KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGEDISTRICT, acting through its duly elected officials (hereinafter “GRANTOR”) as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by GUS R. BRIEDENhereinafter “GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under th Suit No. 2012-64140; La Porte ISD, Et Al vs. Myrtle Scott, aka Myrtle Bledsoe, Et Al, in the 234 District Court of Harris County, said property described as follows: Lot 12, Block 422, Town of La Porte, Harris County, Texas, as shown on the map or plat thereof recorded in the Map or Plat Records of Harris County, Texas. Account No. 024-050-022-0002 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, hisheirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 2012-64140Page 1 Taxes for the 2013 and 2014tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OF HARRIS X This instrument was acknowledged before me on this _______ day of ______________________, 2020, by Louis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: Gus R. Brieden 222 Bayshore Dr. La Porte, TX. 77571 Suit No. 2012-64140Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 Source of Funds:N/A Requested By:Corby Alexander, City Manager Department:Administration/CMO Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinanceand 2019 Industrial District Agreement Budgeted Item:YesNo SUMMARY& RECOMMENDATION The City of La Porte and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve (12) year period. The current agreements expiredon December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. CityCouncil has approved a total of 154agreements.Staff has successfully contacted companies with outstanding agreements and has reduced the number of unexecuted agreements to 2. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: OrdinanceNumberIndustrial Company 2020-IDA-155 Trimac Transportation Inc. 2020-IDA-156 Welcome Development Properties, LLC 2020-IDA-157 GSL Partners Sub Eight, LLC 2020-IDA-158 AAE Pacific Park Associates, LLC 2020-IDA-159 Gulbrandsen Technologies, Inc. 2020-IDA-160 Equipment Care of Houston, LLC 2020-IDA-161 FR CO / TEX CUNA, LLC ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2020-IDA-155through 2020-IDA-161authorizing the execution by the City of La Porte of Industrial District Agreements listed above. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2020-IDA-01 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC, A _______________________ CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. ________________________, Inc, a ___________ Corporation has executed an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. 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 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED and APPROVED, this ________________ day of ___________________, 2019. CITY OF LA PORTE, TEXAS ________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: ___________________________________ __________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney NO. 2020 IDA-__' ' STATE OF TEXAS ' ' COUNTY OF HARRIS ' INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ____________________________ ______________, a _______________________ corporation, hereinafter called "COMPANY", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, 1) any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof, 2) intermodal shipping containers (including but not limited to freight and tank containers) placed on Land belonging to Company shall be permitted to be stacked wide portion of Land contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146; strip, intermodal shipping containers shall be eligible to be stacked one additional container in height within and for each behind and following height, regardless of distance from Fairmont Parkway, State Highway 225, or State Highway 146; and 3) it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize 2 that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing B. On or before the later of December 31, 2020, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2031, Company shall pay to City an amount in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). C. Company and City agree that the following percentages Value Year 2020: 64% Value Year 2021: 64% Value Year 2022: 64% Value Year 2023: 64% Value Year 2024: 64% Value Year 2025: 64% Value Year 2026: 64% Value Year 2027: 64% Value Year 2028: 64% Value Year 2029: 64% Value Year 2030: 64% Value Year 2031: 64% Company agrees to pay to City an amount of personal property in the unannexed area equal to the sum of: 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2019, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%), where construction is completed in Value Years 2020 through 2031, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. The eligible period for application of said thirty percent (30 total of six (6) Value Years. In the case of new construction which is completed in Value Year 2028 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Thirty percent (30%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2034. In the case of new construction which was completed in Value Years 2016 through 2019 in accordance with the previous Industrial District Agreement between City and Company, such new construction shall be subject to a Twenty percent 20%)valuation through Value Year 2022, and a Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) Value Years. (b) Application of the thirty percent (30 rate for Substantial Increase in value of the Land, 4 improvements, and tangible personal property dedicated to new construction is limited to new construction purposed for or related to manufacturing and processing uses. In no case shall Company be entitled to application of the thirty percent (30%) Increase in value of the Land, improvements, and tangible personal property dedicated to new construction where the new construction is purposed for or related to uses for warehousing, storage, distribution, and/or general freight trucking and transportation, as well as general commercial uses, such as truck stops, rental facilities, or repair shops. (c) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2019; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (d) If existing Property values have depreciated below the Property value established on January 1, 2019, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2019, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas 5 Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31, 2031, unless extended for an additional period or periods of time upon mutual consent of Company and City, as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2031, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Local Government Code Section , is amended, or any new legislation is thereafter 6 enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said laws as the same existed on January 1, 2019. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving , give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also 7 submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. 8 This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager 9 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: ______________________________ (COMPANY) Attention:___________________ Department ______________________________ ______________________________ Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ Tax Agent/Billing Contact Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ ENTERED INTO effective the 1st day of January, 2020. ________________________________ (COMPANY) By: ______________________________ Name:______________________________ Title:_____________________________ Address:___________________________ ____________________________ ATTEST: CITY OF LA PORTE, TEXAS ___________________________ By: ______________________________ City Secretary Louis R. Rigby Mayor 10 APPROVED: ___________________________ By: ______________________________ Knox W. Askins Corby D Alexander City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE, TEXAS La Porte, TX 77572-1218 604 West Fairmont Parkway 281.471.1886 La Porte, TX 77571 281.471.2047 fax knoxaskins@comcast.net STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the __ day of ___________, 20__, by ____________________, _____________________ of ______________________ corporation, a __________ corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the ____ day of ___________, 20__, by Louis R. Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds Description of Land) 12 "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers, as well as the stacking of intermodal shipping containers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. Freestanding identification signs for multiple businesses shall not exceed 350 square feet. Freestanding identification signs shall not exceed 45 feet in height. Minimum setback for sign construction shall be ten (10) feet from property lines. 2. Intermodal shipping containers (including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two (2) containers in height in the said In those instances where shipping containers are the screening requirements established in paragraph 3 immediately below shall apply. 3. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening 14 "EXHIBIT C" Page 2 of 3 of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 4. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" 15 Page 3 of 3 Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 5. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 6. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 N/A Requested By:Source of Funds: Ian Clowes, City Planner Department: Planning & Development N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits: Ordinance2020-3805, P&Z letter of Budgeted Item:YesNo recommendation, Aerial map, Zoning map, Future Land Use map, and Applicant information SUMMARY& RECOMMENDATION Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner,is seekingapproval of a Zone Change from the HighDensity Residential (R-3) zoning districtto the Planned Unit Development (PUD) zoning district. The subject propertyis located at the 1300 Blocks of SouthBroadway and Oregon Streets, and legally described as the East-16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave.rights-of-way.This is the vacant proper and SPORT Building on Broadway Street. Currently, the property is undeveloped.The applicant would like to develop the site for a mixed residentialdevelopment. Under the current zoning of R-3, the applicant has the legal right to develop any type of residential use on the site including zero lot line and duplex development. The applicant is requesting the zone change, along with a proposed SCUP, in order to facilitate a number of possible conditions and variances. These variances are specific to lotsize, setbacks, and driveway separation. The Planning &Zoning Commission, at their May 21, 2020,regular meeting,voted on a motion to table the proposed zone change. The motion was made in response to a number of concerns that were voiced by neighboring property owners regarding the number of proposed lots and driveways that would front Oregon Street. The Planning &Zoning Commission asked the applicant to look at the possibility of reducing the number of lots on OregonStreetand limit the type of units on Oregon to one-story standalone single family. The vote was 6-0, and the item was tabled. The item was placed on the agenda of the June 18, 2020 regular Planning & Zoning Commission meeting. The applicant amended the proposal, limiting the homes on Oregon Street to one-story but not reducing the number of proposed lots along Oregon. The Planning & Zoning Commission voted on a motion to deny the zone change as submitted. The proposal moved forward to City Council in July of 2020 and the Planning and Zoning Commissions recommendation to deny the request was upheld. The applicant has since amended their plan for a third time, and obtained approval of a replat along Oregon St. The replat has reduced the number of new lots along Oregon Street to four (4) with each new lot being a minimum of fifty five (55) feet wide. The lots along Oregon will be limited to single family residential and are required to meet the Low Density Residential (R-1) development standards. The Planning & Zoning Commission, at their October 15, 2020, regular meeting, voted on a motion to approve the zone change request. The vote was 8-0, and the motion passed. Chairman Lawler recused himself from the vote as he owns property within Staff mailed twenty three (23) public notices to property owners located within 200 feet of the subject property. Staff received one (1) returned comment sheet for the proposed zone change, in opposition to the request. ACTION REQUIRED BY CITY COUNCIL Should the Council wish to uphold the Plannin a motion could be as follows: I move that the Council uphold the Plannin of the application for zone change request #20-92000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way. Should the Council wish to deny the request (not to follow the Planning and Zoning I move that the Council deny Ordinance 2020-3805 for zone change request #20- 92000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2020-3805 AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 5.798-ACRE TRACT OF LAND LOCATED AT THE 1300 BLOCKS OF SOUTH BROADWAY AND OREGON STREETS AND LEGALLY DESCRIBED AS THE EAST -16, LOTS 17-32, & ABANDONED ALLEY, BLOCK 1159, LOTS 4-29 & TRACTS 3A & 30A, BLOCK 1160, LA PORTE SUBDIVISION, LOT 5, BLOCK 19, SYLVAN BEACH SUBDIVISIONS AND A PORTION OF THE EAST L ST. AND TEXAS AVE RIGHTS-OF-WAY, FROM HIGH DENSITY RESIDENTIAL (R-3) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. changing the zoning classification of the following described property, to wit: a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets. and legally described as the East -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave rights-of-way, Harris County, Texas, from High Density Residential (R-3) to Planned Unit Development (PUD). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 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 is 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 Chapter 551, TX 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. The City Council of the City of La Porte hereby finds that public notice was properly properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this ordinance as amendments thereto are desirable and in furtherance of the goals Section 8. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this, the 9 day of November, 2020. CITY OF LA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director October 16, 2020 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #20-92000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the October 15, 2020 meeting on a zone change request by Bayway Homes Inc., applicant; on behalf of Jack McCoy and Bayway Homes Inc., owner; for a zone change from High Density Residential (R-3) to the Planned Unit Development (PUD). The property is legally described -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way. The site is a 5.798 acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets. The Commission voted 8-0 to recommend approval of the proposed zone change. radius. 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 AREA MAP Zone Change L #20-92000001 Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT ZONING MAP Zone Change L #20-92000001 1300 Block .Broadway Legend GC Subject Parcel GC R-3 R-3 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT FLUP MAP COM MHDR Zone Change L #20-92000001 1300 Block .Broadway Legend PI Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 N/A Source of Funds: Requested By:Ian Clowes, City Planner Department:Planning and Development N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance 2020-3806,Proposed SCUP, Budgeted Item:YesNo P&Z letter of recommendation, Aerial map, Zoning map,andApplicant information SUMMARY& RECOMMENDATION Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner;is seeking approval of a SCUP(Special Conditional Use Permit)to allow for a mixed residential development located at the 1300 Blocks of SouthBroadway and Oregon Streets and legally described as the East-16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way; City of La Porte, Harris County, Texas.This is the vacant property that is Broadway Street. Currently, the property is undeveloped.The applicant would like to develop the site for a residential duplex development. The site is in the process of being rezoned to Planned Unit Development (PUD). Under the previous zoning of R-3, the applicant had the legal right to develop any type of residential use on the site including zero lot line and duplex development. The applicant is requestingthe zone change, in conjunction with this proposed SCUP, in order to facilitate a number of possible conditions and variances. These variances dealmostly with lot size, setbacks, and driveway separation. The Planning &Zoning Commission, at their May 21, 2020,regular meeting,voted on a motion to table the proposed zone change. The motion was made in response to a number of concerns that were voiced by neighboring property owners regarding the number of proposed lots and driveways that would front Oregon Street. The Planning &Zoning Commission asked the applicant to look at the possibility of reducing the number of lots on OregonStreetand limit the type of units on Oregon to one-story standalone single family. The vote was 6-0, and the item was tabled. Due to the fact that the zone change was tabled, no action was taken on the SCUP at that time. Thepublic hearing for this SCUP request was held at the June 18, 2020 Planning & Zoning Commission regular meeting. The applicant amended the proposal, limiting the homes on Oregon Street to one-story but not reducing the number of proposed lots along Oregon. The Planning & Zoning Commission voted on a motion to deny the SCUP as submitted. The proposal moved forward to City Council in July of 2020. No action was taken by council due to the required zone change being denied. The applicant has since amended their plan for a third time, reducing the number of new lots along Oregon Street to four (4) and has committed to constructing standalone lots along Oregon St. The Planning & Zoning Commission, at their October 15, 2020, regular meeting, voted on a motion to approve the SCUP request as submitted with 4 additional/amended conditions. The vote was 8-0, and the motion passed. Chairman Lawler recused A list of fourteen (14) conditions of approval has been provided based on staff and Commission input. Should the City Council choose to approve the SCUP request, staff recommends the final SCUP document be approved with the following conditions: 1. A site development plan shall be submitted, if necessary, in accordance with Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning is Mid Density Residential. All R-2 zoning and development requirements will need to be met, outside of any conditions listed below. 3. Permitted use is limited to residential zero lot line, duplex or standalone single family. No other uses are permitted. 4. For lots facing Oregon St., the minimum lot area shall be 6,000 square feet wit 5. Lots located along Oregon St. and N. Forest are restricted to single family standalone residential units. 6. Development along Oregon St. must follow the R-1 zoning regulations. 7. For all lots not fronting Oregon St., the minimum lot area shall be 3,000 square feet, with a minimum lot width of 30 feet. 8. Minimum setbacks for all lots not fronting Oregon St. shall be as follows: a. Front b. Rear c. Side d. Minimum distance between primary structures 9. Maximum height of any structure shall be 35 feet. 10.Maximum dwelling units per acre shall be 8 with a maximum lot coverage of 60%. 11. Each residential unit shall include a minimum two (2) car garage. 12. Minimum distance between driveways shall be 2 feet with a minimum of 1 foot distance between side property lines and each driveway. 13. All necessary documentation for building permit review must be submitted in proposed building improvements. 14. Any substantive modifications to this Special Conditional Use Permit will require ACTION REQUIRED BY CITY COUNCIL Should the Council wish to uphold approval, a motion could be as follows: approval of the application for Special Conditional Use Permit (SCUP) #20-91000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way. Should the Council wish to deny the request (not to follow the Planning and Zoning , a motion could be as follows: I move that the Council deny Ordinance 2020-3806 for Special Conditional Use Permit (SCUP) #20-91000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as the E -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCENO.2020-3806 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 20-91000001, TO ALLOW FOR A MIXED RESIDENTIAL DEVELOPMENT TO LOCATE IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON 5.798 ACRES OF LAND LOCATED AT THE 1300 BLOCKS OF SOUTH BROADWAY AND OREGON STREETS AND LEGALLY DESCRIBED AS THE EAST -16, LOTS 17-32, & ABANDONED ALLEY, BLOCK 1159, LOTS 4-29 & TRACTS 3A & 30A, BLOCK 1160, LA PORTE SUBDIVISION, LOT 5, BLOCK 19, SYLVAN BEACH SUBDIVISIONS AND A PORTION OF THE EAST L ST. AND TEXAS AVE. RIGHTS- OF-WAY; CITY OF LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #20-91000001 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a mixed residential development to locate on a 5.798 acre tract of land located at the 1300 Blocks of South Broadway and Oregon, and legally described as the East Lots 1-16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way; City of La Porte, Harris County, Texas, and situated within the Planned Unit Development (PUD) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 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 is 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 Chapter 551, TX. 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. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this, the 9 day of November, 2020. CITY OF LA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney CityofLa Porte SpecialConditionalUse Permit #20-91000001 Thispermitisissued to:Charles Anders, Bayway Homes Inc. OwnerorAgent PO Box 1244, Friendswood, TX 77549 Address ForDevelopmentof:Sylvan Beach Enclave -Residential Duplex Development DevelopmentName 1300 Blocks of S. Broadway Oregon Streets Address Legal Description:5.798 acre tract of land legally described as East-16, Lots 17-32, &Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisionand a portion of the East L St. and Texas Ave. rights-of-way, Harris County, TX ____ Zoning:PUD, Planned Unit Development_________________________________ Use:Residential Duplex Development PermitConditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which Project development shall be in accordance with the following conditions: 1.A site development plan shall be submitted in accordance with applicable department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.The underlying zoning is Mid Density Residential. All R-2 zoning and development requirements will need to be met, outside of any conditions listed below. 3.Permitted use is limited to residential zero lot line, duplex or standalone single family. No other uses are permitted. 4.For lots facing Oregon St., the minimum lot area shall be 6,000 square feet with, with a 5.Lots located alongOregon St. and N. Forest are restricted to single family standalone residential units. 6.Development along Oregon St. must follow the R-1 zoning regulations. 7.For all lots not fronting Oregon St., the minimum lot area shall be 3,000 square feet, with a minimum lot width of 30 feet. 8.Minimum setbacks for all lots not fronting Oregon St. shall be as follows: a. Front b. Rear c. Side d. Minimum distance between primary structures 9. Maximum height of any structure shall be 35 feet. 10. Maximum dwelling units per acre shall be 8 with a maximum lot coverage of 60%. 11. Each residential unit shall include a minimum two (2) car garage. 12. Minimum distance between driveways shall be 2 feet with a minimum of 1 foot distance between side property lines and each driveway. 13. All necessary documentation for building permit review must be submitted in building improvements. 14. Any substantive modifications to this Special Conditional Use Permit will require an of Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Teresa Evans City Secretary Director of Planning and Development City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director October 16, 2020 Honorable Mayor Rigby and City Council City of La Porte RE: SCUP Request #20-91000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the October 15, 2020 meeting on a Special Conditional Use Permit (SCUP) request by Bayway Homes Inc., applicant; on behalf of Jack McCoy and Bayway Homes Inc., owner; to allow for a mixed residential development, to locate on a 5.798 acre tract of land legally described -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave rights-of-way. The site is located at the 1300 Blocks of South Broadway and Oregon Streets. The Commission voted 8-0 to recommend approval of the proposed SCUP. Chairman 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 AREA MAP SCUP L #20-91000001 1300 Block .Broadway Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT ZONING MAP SCUP L #20-91000001 1300 Block .Broadway Legend GC Subject Parcel GC R-3 R-3 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT FLUP MAP COM MHDR SCUP L #20-91000001 1300 Block .Broadway Legend PI Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 Source of Funds:003-(Utility CIP) Requested By:Ray Mayo, Director Department:Public Works Account Number:003-7087-532-1100 Amount Budgeted:$100,000 ReportResolutionOrdinance Amount Requested:$51,000 Exhibits:Copper Water Effect Ratio Study Proposal; Budgeted Item:YesNo Little Cedar Bayou OutfallMap; Process ControlCharts SUMMARY& RECOMMENDATION The current City of La Porte(WWTP)discharge permit was issuedby the Texas Commission on Environmental Quality (TCEQ)in 2019and included newly inserted permit limitsfor interim and final monitoring(sampling)for total copper. Thecopper effluent limits will take effect in 2022. At this current time, during ourinterim period, sampling has demonstrated that the citycannot consistently stay in compliance withthe proposedcopper effluentlimits.During the past (12) months, the proposed copper effluent limits have been met seven (7) out of twelve (12) months. To remain compliant with the stringent discharge limits, staff recommends performing a Copper WaterEffect Ratio(WER) Studyto determine the most appropriate approach to addressing copper effluents limits. When preparing wastewater permits, the TCEQ uses standardized water characteristics to establish permitdischarge limits. The WER study is recognized by the wastewater industry as the most logical step to develop a path to current and future regulatory compliance. The WER Study is a water quality objective adjustment factor that accounts for site- specific water characteristics affecting pollutant bioavailability and toxicity to aquatic life. This type of site-specific sampling data could potentially result in the WER being changed to two (2), which could increase the copper limit from 0.0037 mg/L to 0.0074 mg/L. If successful, no WWTP improve discharge permit would beamended to incorporate the new WER value for total copper limits. In the process of researching methods to successfully achieve the new copper limits, staff consulted with TCEQ and contacted other local municipalities that have worked towards meeting the new copper parameters. A counterpart at a local municipality, that experienced the same issue with copper limits, recommended Ardurra, the consultant that assisted with their approach to the new copper limits. Public Works staff coordinated with Ardurra and has negotiated the attached scope of services to perform a WER Study. To further reduce costs, City staff will coordinate directly with the laboratory to manage any additional sampling required to conduct the study. Laboratory analysis is not included in the Ardurra proposal. Benefits: A successful plan could possibly result in limits that are two times less stringent as limits currently proposed. Less stringent limits compliance and allow additional time for increased surveillance sampling in the collection system, to locate any significant copper dischargers. Liabilities: Current permit contains final effluent limitations on copper which has not consistently been achieved during the interim permitting phase. If the WER Study is not performed and/or successful, additional upgrades would be required at the WWTP to remain compliant with the parameters of the discharge permit. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to execute a contract with Ardurra to perform a Copper Water Effect Ratio Study for an amount not to exceed $51,000.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date October 19, 2020 Mr. Robert Banks Utility Superintendent City of LaPorte 2963 N 23rd Street La Porte, Texas 77571 Subject:Copper Water Effect-Ratio Study Proposal Dear Mr. Banks: Ardurra appreciates the opportunity to present this proposal for conducting a copper specific Water Effect- Plant (WWTP). We understand from our conversations that it has been suggested, via correspondence with TCEQ, that a new site specific copper WER can be established and/or adopted for this specific area of Little Cedar Bayou if data and sampling is conducted to provide a scientific basis to raise the copper WER. In simple terms, a water-effect ratio is a water quality objective adjustment factor that accounts for site- specific water characteristics affecting pollutant bioavailability and toxicity to aquatic life. The basic principle behind this type of sampling event would be to create a simulated downstream condition. A sample of the wastewater effluent will be mixed with a water sample taken directly upstream in Little Cedar Bayou. The samples will then be mixed at the critical dilution point to create a simulated downstream sample and side-by-side toxicity tests will be conducted to provide scientific data on the toxicity of the copper to the aquatic life. This type of site-specific sampling data could potentially result in the copper WER being changed to two (2), which could result in the increase of the copper limit to 0.0074 mg/L, over the current limit of 0.0037 mg/L. In our estimation, based on City effluent data to date, a minimum copper water-effect ratio of 2.0 would be necessary for consistent compliance with permitted effluent limitations on copper. This has been successfully accomplished in tidal waters in Texas in recent years. The current TPDES permit (No. WQ0010206001) contains final effluent limitations on copper, with which the City cannot consistently comply. Fortunately, adequate time exists between the Interim and Final permit phases to allow the City time to comply with the final effluent limitations. If successful, no WWTP improvements would be required. 2032 Buffalo Terrace | Houston, TX 77019 | 346.666.5130 | www.ardurra.com October 19, 2020 Page 2 However, there is a risk, albeit relatively small, that the site specific WER value for copper may not be high enough to maintain consistent compliance and further alternatives would need to be explored. The following Scope of Services provides summaries of each task, and corresponding budget, associated with the completion of a copper water-effect ratio study for the City of La Porte WWTP. {ĭƚƦĻ ƚŅ ‘ƚƩƉ 1.Study Work Plan Prior to the implementation of a site-specific study, a Copper Water-Effect Ratio Study Work Plan will be prepared and submitted to the City of La Porte for review and comment. Ardurra will prepare a brief Work Plan presenting relevant data and describing the details of the proposed copper water-effect ratio study. Under this task, Ardurra will conduct a WWTP site visit to assess the appropriate monitoring approach and determine necessary monitoring and sampling equipment for study implementation. The Work Plan will include a summary of historical data, a description of sample collection protocols and equipment, sample collection timing, target sampling conditions, identifying a certified specialty laboratory, and proposed sample analyses.The Work Plan will also select EPA guidance protocols to be followed to be either as set forth by Streamlined Water-Effect Ratio Procedures for Discharges of Copper, USEPA March 2001 (EPA Guidance) or the Environmental Water-Effect Ratios for Metals because of the proximity of tidally influenced waters. The work plan will also be submitted to TCEQ for review and approval before any sampling events. Estimated Budget:$7,500 NTE (Not to exceed) Deliverable:Study Work Plan Schedule:Work Plan Draft submittal within 60 days 2.Communication, Coordination, and Project Management Throughout the implementation ofthis project, Ardurra will coordinate with City staff and contract laboratory staff to schedule and prepare for each water-effect ratio monitoring event. Following each monitoring event, Ardurra will correspond with the laboratories and City staff to makedecisions, based on preliminary results, regarding the analysis of individual test treatments. As a cost saving measure, copper water- effect ratio monitoring events will be scheduled at the same time as regular monthly self-monitoring of the WWTP effluent. This task includes three meetings to present preliminary findings, the draft report and review draft report comments prior to submittal. 2032 Buffalo Terrace | Houston, TX 77019 | 346.666.5130 | www.ardurra.com October 19, 2020 Page 3 Estimated Budget:$3,500 NTE Deliverable:n/a Schedule:Throughout project duration 3.Sample Collection Ardurra will prepare for and direct the implementation of 4 copper water-effect ratio monitoring events. To facilitate the collection of representative samples, water- effect ratio monitoring events will only be initiated during times when the WWTP is operatingtypically and the effluent is not influenced by recent storm events. The sampling team will include one Ardurra staff member, one laboratory staff member, and assistance from City operations staff. The monitoring events will include the collection of composite samples of 100% WWTP effluent and will be separated by a minimum of one month.Each of the sampling events will include the collection of <4-hour composite WWTP effluent samples. Ardurra will monitor sampling procedures to conformance to requiredstandard of care. As a cost savings measure, contract laboratory costs will be billed directly to the City, as described later in this proposal. Thus, this estimated task budget does not include any laboratory costs. Estimated laboratory services and costs are presented later in this proposal (under Task 5) and will be provided under separate contract with the City. Estimated Budget:$10,000 (NTE) Deliverable:4 effluent monitoring events Schedule:Sampling to take place over 4 consecutive months 4.Water-Effect Ratio Study Report Following the completion of the preceding tasks, Ardurra will review and summarize the data provided by the contract laboratories. The data will be used to calculate a site-specific water-effect ratio for copper in accordance with EPA Guidance. The site-specific water effect ratio will then be used in the derivation of a site-specific water quality objective for the City of La Porte WWTP effluent discharges of copper to Cedar Creek. Ardurra will conduct an analysis to determine if effluent discharges to Cedar Creek have a reasonable potential to cause or contribute to the exceedance of the derived site-specific water quality objective for copper in the receiving water. Ardurra will prepare a draft report, presenting the results ofthe site- specific water-effect ratio study for copper, for City review and comment. After receipt of City comments on the draft report, Ardurra will prepare a final report for submittal to TCEQ for approval. Estimated Budget:$30,000 (NTE) Deliverable:Draft and Final Report Schedule:Draft Report 60 Days after receipt of lab results Final Report 10 business days after receipt of City comments 2032 Buffalo Terrace | Houston, TX 77019 | 346.666.5130 | www.ardurra.com October 19, 2020 Page 4 5.Contract Laboratory Services (not included in this Scope) As a cost saving measure, all laboratory service costs associated with this project will be conducted under separate agreement between the City and the contract laboratories. This approach will eliminate laboratory services mark-up by Ardurra. However, as noted in subsequent tasks, Ardurra will provide all necessary coordination and management of laboratory services. Implementation of this study will require services from specialty laboratories including providing automated sampling equipment, sampling assistance, sample transportation, toxicity testing and reporting, water quality analysis and reporting. The estimated rangeof costs for laboratory services for 4 copper water-effect ratio events are summarized as follows: Estimated Budget: provided under separate agreement between the City and the laboratories) Deliverable:Laboratory Results Schedule:Sampling to take place over 4 consecutive months {ǒƒƒğƩǤ Ardurra proposes to complete the tasks on a time and materials basis in an amount not to exceed $51,000 (excluding Task 5). The total project cost, including Task 5 which will be invoiced directly to the City and not through Ardurra), is estimated to be to $96,000. Providing scientifically based data through biomonitoring and toxicity testing, a new, site-specific (potentially higher) copper Water Effects Ratio (WER) for a watershed can be established, versus using an assumed or default WER. Based on discussions with TCEQ, the WER study is potentially the most feasible option to form the scientific basis for raising the copper limit in the current wastewater discharge permit, and/or making it less stringent. Ardurra very much appreciates the opportunity and looks forward to working with the City of La Porte on this important project. Please feel free to contact me with any questions you may have. Very truly yours,Accepted by City of La Porte, TX by: Jeffrey S. Peters, P.E.Name: PrincipalTitle: TBPE Firm Registration No F-17004City of La Porte, TX 2032 Buffalo Terrace | Houston, TX 77019 | 346.666.5130 | www.ardurra.com REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 9, 2020 Source of Funds:032 -Grant Fund Requested By:Ray Mayo, Director Department: Public Works Account Number: Amount Budgeted:$1,948,265.00 ReportResolutionOrdinance Amount Requested:$124,694.00 Exhibits:QuoteNo. OPP0076381 Budgeted Item:YesNo BuyBoard Vendor Contract Information#552-17 BuyBoard Contract Renewal Verification Research Report on UV-C Lights 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. Harris County received a direct allocation from the U.S. Treasury, and has established a Small Cities Assistance Program (SCAP) to provide appropriate reimbursement of Coronavirus Relief Funds (CRF) to the respective small cities within the county. Expenses that are eligible for reimbursement under the SCAP must be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. The program allows Cities to take advantage of funding of up to $55 per capita, provided the City meets County requirements. The CRF allocation for La Porte is a maximum of $1,948,265.00. On August 24, 2020, City Council approved an Interlocal Agreement with Harris County for the Small Cities Assistance Program (SCAP).On October 26, 2020, City Council approved the updated CRF Funding Plan, which allocated $124,694.00 for the purchase andinstallation of an Ultraviolet (UV)Light Sterilization System at City facilities. In response to COVID-19, City staff have identified opportunities to improvedisinfection effortsat City facilities. Ultraviolet lightexposure hasproven to be effective in sanitizing the air indoors, and improvingair quality by minimizingpollutants. Studies have shown UV-C lamps are effective in reducing the spread of bacteria, inactivatingcertain viruses, and limiting airborne transmissionof pathogens. Installation of UV-C lamps in Air Handling Units (AHU) will be beneficial to improving the overall environment ofCity facilities. UV-C lamps are justone of many efforts tobetter protect employees and visitors from the spread of COVID-19 and other airborne diseases. Staff will continue other best practices for disinfection of public areas and frequently touched surfaces. Under CRF, expenses for disinfection of public buildings are an eligible expense. Staff has received preliminary approval from Harris County for this project. Staff is proposing installation of UV-C lamps in eachAir Handling Unit (AHU)of HVAC systems at thefollowing locations: Brookglen Community Center Charles WalkerCommunity Center City Hall EMS Station Evelyn KennedyCivic Center Fire Stations Fire Training Facility Golf Course Jennie Riley Community Center Library Lomax Concession Municipal Court Police Department Public Works Recreation and Fitness Center, including Senior Center Special Programs Center Sylvan Beach Depot Staff recommends utilizing an approved BuyBoard vendor (Contract #552-17) to expedite the purchasing process in order to meet CRF program deadlines. Staff will work with the vendor to initiate the project as soon as possible. Benefits: Installation of UV-C lamps in Air Handling Units will be beneficial to improving the overall environment of City facilities. UV is effective in reducing the spread of bacteria, inactivating certain viruses, and limiting airborne transmission of pathogens. Liabilities:Maintenance costs; The UV-C lamps have an effective life of two (2) years. Lamps will need to be replaced every two (2) years at a total cost of approximately $15,000. Every other year, staff will need to include $15,000 in the annual budget for lamp replacement. Staff recommends approval of Quote No. OPP0076381 to TDIndustries under BuyBoard Contract #552-17 for the purchase and installation of a UV Light Sterilization System at City facilities. Update on La Porte Cares Small Business Relief Fund: The application period for the Small Business Relief Fund closed on November 4, 2020. The subcommittee will have their first meeting to review applications on November 11, 2020. During a preliminary review of applicant eligibility, staff determined the need to establish more specific evaluation guidelines for the total revenue loss experienced by applicants. As part of the initial program guidelines, businesses were required to “demonstrate a 25% or more loss of revenue due to the COVID-19 pandemic”. Some applicants experienced greater than a 25% loss during the initial months of the pandemic, but may not have seen a total 25% loss over the 7-month period reviewed (March to September). As a result, staff has clarified that businesses who experienced a 25% or more loss of revenue over a 3-month period during the eligible timeframe (March 13, 2020 to September 30, 2020) will be considered eligible for the program. Upon receipt of the subcommittee’s funding recommendations, staff will work to conduct a final review and issue funds to grant recipients as soon as possible. ACTION REQUIRED BY CITY COUNCIL Approval or other action of Quote No. OPP0076381 to TDIndustries under BuyBoard Contract #552-17 for the purchase and installation of a UV Light Sterilization System at City facilities. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date TDIndustries is licensed and regulated by the Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 1-800-803-9202 or 512-463-6599 www.license.state.tx.us Texas State Board of Plumbing P.O. Box 4200 Austin, TX 78765 Company: City of La Porte Building Name: Police Head Quarters Bill to City of La Porte Building Various Address: 604 W Fairmont Pkwy 77571 Address: La Porte, TX 77571 Contact: David Hefner Job Name: 60 - UV Lights for hvac units Phone: 281-471-5020 Date: 10/28/2020 Email: HefnerD@laportetx.gov Quote No: OPP0076381 TDIndustries, Inc. is very pleased to have the opportunity to provide pricing for the above referenced property. Please find listed below the scope of work that will be performed. Scope of Work: 1. Perform pre-task safety plan. 2. Provide and install UV lights in each AHU coil section of 60 hvac systems located in various buildings per list provided by the customer. 3. Provide all electrical circuits need for all UV lights to operate. 4. We will need each AHU turned off for us to install the UV lights. 5. UV lights are American Ultraviolet Company- Output: 11.7 uW / cm2 6. Work to be done on normal hours (M F from 7:00AM 3:30PM). Notes: This proposal does not include after-hours labor Additional repairs will be quoted separately Buy Board contract #- 552-17 Total Price for Labor and Materials (Excluding Sales Tax) ------- $124,694.00 * Net due upon receipt of invoice. Remit to P.O. Box 300008, Dallas, TX 75303-0008 Page 1 of 4 QUO-12327-Q0P3Z9 Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the numbers listed below if you have any questions or need further information. Respectfully submitted, David S Higgins __________________________ Technical Account Manager Accepted by TDIndustries David.Higgins@TDIndustries.com ___________________________ C: 346-206-9344 Date QUO-12327-Q0P3Z9 Page 2 of 4 Clarifications Following our core value to they deem the safety of themselves or anyone else is in jeopardy. We will immediately seek to resolve any concerns by engaging with our customer and safety department to elevate the issue which will allow work to resume. This proposal is based on performing work during normal working hours and at normal wage rates paid by TDIndustries, Inc. Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment can be supported from it. Proposal is inclusive of all permits and inspections as required by local and state agencies. Where work is being performed under a General Contractor, we will validate under Contractors Building Code permit. All pricing is based on award of contract and work commence not later than 60 days from the date of this proposal with pricing subject to review after 30 days from the date of proposal. TDIndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance. Existing valves must close and hold. TDIndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below grade. TDIndustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering data. Proposal is based on use of building elevators. Exclusions: Direct or indirect cost/availability impacts, if any, related to the anticipated tariff on steel and aluminum. Sheetrock or concrete cutting, removal or patching of any nature. Cleaning or painting of existing grilles. Ceiling removal or replacement. Electrical work. Electrical temperature control, interlock and power wiring. Electrical disconnect. Electrical or power wiring, including conduit or junction boxes or disconnect switches and starter components. Concrete work of any nature. Cutting or patching of drywall or block walls. Cutting or patching of existing pavement for incoming services. Smoke dampers or smoke ventilation other than stair pressurization. Insulation of existing un-insulated ductwork. Modifications of existing ductwork and piping due to conflict with new lighting fixtures or new structural/architectural modifications. Repairs or modifications of existing mechanical equipment or systems. Roof cutting and patching unless specified by owner Roofing work. Cutting roof deck. Leveling roof curbs. Gas piping. Any pre-existing conditions (gas pressure, electrical, structural). Any hot water problems that exist outside the scope of the boiler room (mixing). Additional work required to meet OSHA or ADA standards. Temp air. Fire alarm communications. Air Balancing. Any additional work not listed in the scope above will require written authorization by the customer before TDIndustries, Inc. can proceed. QUO-12327-Q0P3Z9 Page 3 of 4 LIMITED WARRANTY 1 EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDIndustries, Inc. shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of equipment, goods, or material that are defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of TDIndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL, IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 2 Workmanship - Repair Installation - TDIndustries, Inc. warrants its workmanship to be free from defects for a period of 12-months from the date of completion of the above equipment, goods, and material. Sewer and Drain Cleaning - TDIndustries, Inc. warrants its workmanship for sewer and drain cleaning for a period of 24 hours from the date of completion. Any foreign material retrieved from sewer or drain will discharge warranty and incur additional costs for clearing stoppage. 3 This proposal is submitted for customer's consideration with the understanding that it must be approved by TDIndustries, Inc. after its acceptance by the customer and is not binding upon TDIndustries, Inc. until so approved in writing. 4 Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your purchase order or in any similar such communication are hereby objected to by TDIndustries, Inc. and shall not be binding nor effective unless assented to in writing by an authorized representative of TDIndustries, Inc. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customer's assent to the terms and conditions of this proposal. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. STANDARD TERMS AND CONDITIONS THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. 1 TDIndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part thereof involved in the claim. TDIndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDIndustries, Inc. TDIndustries, Inc. shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDIndustries, Inc. furnishes Customer with advice or other assistance which concerns labor, equipment, goods, or material furnished hereunder, or any systems or equipment in which of such equipment, goods, or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject TDIndustries, Inc. to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. 2 If TDIndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, TDIndustries, Inc. will stop work and report the condition to the owner or owners' representative. TDIndustries, Inc. will not resume work in the affected area until the asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat. 3 Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDIndustries, Inc. TDIndustries, Inc. shall not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major changes in economic conditions, or, without limitation by the foregoing, any cause beyond TDIndustries, Inc. reasonable control. 4 On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or loss or damage to such equipment, goods, or material. 5 In the event Customer requires TDIndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this proposal shall not be withheld or delayed on such account. TDIndustries, Inc. shall have the right to deliver any portion of the equipment, goods or material to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or provide suitable storage space for any such partial delivery. In such event, such portion of the equipment, TDIndustries, Inc. may store goods or material ready for shipment at Customer's risk and expense. 6 The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDIndustries, Inc. shall be liable for, either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to the prices set forth herein and shall be paid by Customer. 7 If the equipment, goods or material furnished hereunder requires the use of water or steam, recirculated or otherwise, TDIndustries, Inc. shall not be liable for the effect of its physical or chemical properties upon said equipment, goods or material. 8 All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and Customer agrees to fully protect and indemnify TDIndustries, Inc. against all claims for accidents or injuries to such employees in the course of the work, or to any person or persons through the negligence of such employees. 9 No oral representations are binding upon TDIndustries, Inc. unless reduced to writing and signed by an authorized representative of TDIndustries, Inc. All changes to this contract must be in writing. Revised 05-09-2008 9525 Derrington Road, Houston TX 77064 713-939-1986, Fax #713-996-2457 License # A/C TACL-A60764A HOU, Plumbing M-35508 HOU, Sanitary Sewer N/A QUO-12327-Q0P3Z9 Page 4 of 4 Vendor Contract Information Vendor NameTDIndustries, Inc. ContactLorraine Vuong Phone Number7139962437 Emaillorraine.vuong@tdindustries.com Websitewww.tdindustries.com Federal ID26-0464612 Accepts RFQsYes Address Line 19525 Derrington Road Vendor CityHouston Vendor Zip77064 Vendor StateTX Vendor CountryUSA Delivery Days10 Freight TermsFOB Destination Payment TermsNet 30 days Shipping TermsPre-paid and added to invoice Ship ViaCommon Carrier Is Designated DealerNo EDGAR Forms ReceivedYes Service-Disabled Veteran OwnedNo Minority OwnedNo Women OwnedNo Is NationalYes No Excluded Foreign Terrorist OrgsNo No Israel Boycott CertificateNo Is MWBENo Regions ServedAll Texas Regions States ServedArizona, Texas Contract NameHVAC Equipment, Supplies, and Installation of HVAC Equipment Contract #552-17 Effectiv Date2017-12-01 Expiration Date2020-11-30 Quote Reference Number552-17 Return PolicyManufacturer's return policy 10/27/2020 2:45:58 PM Vendor Contract Information Additional InfoEDGAR Vendor Certification Form (relating to 2 CFR Part 200 & Appendix II) is included in the Vendor response document, and can be found in the Vendor Proposal File link near the bottom of the page. 10/27/2020 2:45:58 PM October22, 2020 Sent Via Email: lorraine.vuong@tdindustries.com Lorraine Vuong TD Industries, Inc. 9525 Derrington Rd. Houston, TX 77064 Welcome to BuyBoard! Re: Proposal Name and Number:HVAC Equipment, Supplies, and Installation of HVAC Equipment, Proposal No. 631-20 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contractis effective 12/1/2020 through 11/30/2021, withtwo possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.comany order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLYto prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact CooperativeProcurement Staff at 800-695-2919. 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