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HomeMy WebLinkAbout02-22-21 Regular Meeting of the La Porte City Council REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Requested By: Source of Funds: N/A Matt Hartleib, Manager Department: Administration/HR Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: None Budgeted Item: Yes No SUMMARY & RECOMMENDATION City of La Porte employees achieving service milestones of ten years or longer with the City as of February 2021 include: 20 years of service Jeffrey Dalton - Detective, Police Christopher Paige - School Resource Officer, Police 25 years of service James Janoch Network Administrator, IT 30 years of service Gary Swilley Senior Mechanic, Public Works ACTION REQUIRED BY CITY COUNCIL Recognition of employees' years of service with the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date LOUIS R. RIGBY CHUCK ENGELKEN Mayor Mayor Pro Tem BRANDON LUNSFORD Councilmember District 2 Councilmember At Large A BILL BENTLEY BRENT Mc CAULLEY Councilmember District 3 Councilmember At Large B THOMAS GARZA TREY KENDRICK Councilmember District 4 Councilmember District 1 JAY MARTIN Councilmember District 5 NANCY OJEDA Councilmember District 6 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE February 8, 2021 The City Council of the City of La Porte met in a regular meeting on Monday, February 8, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brent McCaulley, Trey Kendrick, Chuck Engelken, Bill Bentley, Thomas Garza (left at 6:01 p.m.), Jay Martin, Nancy Ojeda Councilpersons attending remotely: Brandon Lunsford Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. 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 Mayor asked the Sergeant-at-Arms to remove Councilperson Garza. Councilperson Garza moved that the Council oppose ion, which he termed as illegal. 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 Councilperson Jay Martin, and pledges were led by Councilperson Brent McCaulley. 3. CITIZEN COMMENT (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.) There were no speakers. 4.CONSENT AGENDA (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 January 25, 2021, City Council meeting. b.Approve Ordinance 2021-3818, amending Chapter 50-Appendix A City of La Porte, to increase the Single Cart Rider Fee at the Bay Forest Golf Course. \[Billy Stoker, General Manger\] c.Approve an agreement with Hugh L. Landrum & Associates, Inc. for appraisal and related service for calendar years 2021 through 2024. \[Shelley Wolny, Treasurer\] d.Approve an election services contract and joint election agreement with La Porte ISD for the May 1, 2021 general election. \[Louis R. Rigby, Mayor\] Page 1 of 3 February 8, 2021, Council Meeting Minutes e.Approve the appointment of Joe Mock to the At-Large B position on the City of La Porte Zoning Commission. \[Louis R. Rigby, Mayor\] f. Approve the purchase and installation of a triplex motor control center and one Flygt submersible pump from Hahn Equipment Company Inc., as sole source provider, for a cost of $71,852.00 with project contingency of $7,000.00, for a total authorization of $78,852.00. \[Ray Mayo, Director of Public Works\] Mayor Pro Tem Engelken moved to approve consent agenda; the motion was seconded by Councilpersons Ojeda and Kendrick; the motion was adopted, 8-0. Wyatt Smith was permitted to make a public comment, he asked a question of his representatives to ask Hugh Landrum about how many industrial properties still do not have signed agreements in place for payment in lieu of taxes. 5. PUBLIC HEARING AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding a recommendation by staff to adopt Ordinance 2021-3817 electing to participate in the Texas Enterprise Zone Program and nominating Independen Texas Enterprise Zone Project; followed by discussion and possible action to consider adopting Ordinance 2021-3817 electing to participate on the Texas Enterprise Zone Program and nominating the qualifies ness site located at 1230 Independence Enterprise Zone Project. \[Jason Weeks, Assistant City Manager\] Mayor Rigby opened the public hearing at 6:12 p.m. Eric Geisel of Economic Incentive Services, LLC provided a short presentation on behalf of INEOS USA. Jeff Martin, President, La Porte Chamber of Commerce, shared his experienMayor Rigby closed the public hearing at 6:23 p.m. Mayor Engelken -3817 electing to participate in the Texas Enterprise Zone Program the business site located at 1230 Independence Parkway, to the Economic Development and Tourism Division of Bentley; the motion was adopted, 8-0. 6. STATUTORY AGENDA a.Presentation, discussion, and possible action to approve Five Points Park as a site for construction and/or placement of a Gold Star Families Monument. \[Corby Alexander, City Manager\] The Guyon family, Jeff Martin, President, La Porte Chamber of Commerce, and Police Chief Steve Deardorff spoke in support of the project. Mayor Pro Tem Engelken moved to approve Five Points Park as a site for construction and/or placement of a Gold Star Families Monument; the motion was seconded by Councilperson Kendrick; the motion was approved, 8-0. b.Presentation, discussion, and possible action to appoint Election Day polling location judges and alternate judges for the March 27, 2021, Special Election and to define the number of clerk appointments permitted to be made by each presiding judge. \[Louis R. Rigby, Mayor\] Councilperson Bentley moved to appoint Election Day polling location judges and alternate judges for the March 27, 2021, Special Election and to limit the number of clerk appointments permitted to be made by each presiding judge to no more than six; the motion was seconded by Mayor Pro Tem Engelken; the motion was adopted, 8-0. 7.REPORTS Receive report on the Drainage and Flooding Committee meeting a.. \[Councilperson Jay Martin\] Councilperson Martin reported the Committee met, said the Committee had received updates on reports, and that the next meeting would be February 22. Page 2 of 3 February 8, 2021, Council Meeting Minutes 8.ADMINISTRATIVE REPORTS Planning and Zoning Commission meeting, February 18 City Council meeting, February 22 Zoning Board of Adjustments meeting, February 25 City Manager Corby Alexander said staff would follow up on the question from public comment. 9.COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons thanked the Guyon family and thanked them for bringing the monument proposal forward; thanked Ray Mayo and Ros Epting on progress at Fairmont Park; noted more vaccines were becoming available and hoped the City would be able to distribute some; expressed a wish that the La Porte Development Corporation might be able to assist with the Gold Families Monument; anprovide Round 2 vaccines this week; welcomed Chief Deardorff back; congratulated Ray Mayo on 32 years of employment with the City; congratulated Shelley Wolny on her promotion; and hoped the City could be involved in a ribbon cutting for the Gold Families monument. The Mayor reported from the Bay Area Houston Economic Partnership (BAHEP), urging all to review bills being filed this spring and to bring forward those that need support or opposition. He also noted the annual budget retreat would be in April, reminding the Council that it is a meeting agenda and item placement guidelines would be followed. 10. EXECUTIVE SESSION (a) The City Council will meet in closed session under Texas Government Code 551.071(1)(A) Consultation with Attorney pending or contemplated litigation, to meet with the Assistant City Attorney to discuss enforcement of Chapter 380 Economic Development Agreement between the Cityi of La Porte and Ybarra Restaurants, Inc. \[Corby Alexander, City Manager\] The Council convened into executive session at 6:45 p.m. (Councilperson Lunsford left the meeting and did not attend the executive session.) 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened in open session at 7:11 p.m. Mayor Pro Tem Engelken moved that the Council direct the City Manager and Assistant City Attorney to draft a letter to the applicant to encourage continuation of their development; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 7:12 p.m. _______________________________ Lee Woodward, City Secretary Page 3 of 3 February 8, 2021, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 N/A Source of Funds: Requested By: Rosalyn Epting, Director Department: Parks & Recreation N/A Account Number: N/A Amount Budgeted: Report Resolution Ordinance Amount Requested: N/A Exhibits: Previous Agreement Redline & New Budgeted Item: Yes No Agreement Clean Copy SUMMARY & RECOMMENDATION (Quest) most recent agreement for the use of Northwest Park was approved by City Council on June 25, 2018. This original agreement expired on December 31, 2018 and then the two (2) optional one (1) year renewal extensions were executed, which moved the expiration date to December 31, 2020. Staff reached out to Quest on October 2, 2020 to begin working on an updated agreement. Quest has reviewed the new agreement, as well as In this agreement, Quest is allowed priority use of the soccer fields at Northwest Park. When Quest is not using the fields and they have not been prepped for play, the fields will be open for use by the general public. The attached exhibit shows the proposed changes to the agreement that recently expired. The only notable changes are some minor wording changes, updated dates, and updates to the field listing to match the current field layout. The new agreement is very similar to the one that expired on December 31, 2020. Also, it is important to note that the parameters of this agreement (agreement length, field usage, etc.) are very similar to the agreements we currently have with La Porte Boys Baseball and La Porte Girls Softball. Staff recommends City Council authorize the City Manager to execute a new agreement with Quest that will expire on December 31, 2021 and contains two (2) optional one (1) year extensions. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to enter into a new agreement with Quest Youth Soccer Club that will expire on December 31, 2021 and contains two (2) optional one (1) year extensions. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES WHEREAS, the City of La Porte, Texas Deleted: BECAUSE various soccer facilities as part of the parks and recreational amenitiesof the community; Deleted: facilities and WHEREAS Deleted: Because funds in the past years towards the construction of various amenities and facilities at the various soccer facilities owned by the City, which funds have been matched by the City; and WHEREAS, the City wishes to recognize and commend the funding that has been Deleted: Because provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That in consideration of the mutual covenants of the mutual covenants, agreements and benefits to both parties, it is agreed as follows; I. The present soccer facilities covered in this a related to facility and grounds maintenance at the soccer facilities, including all structures, Deleted: designated in fencing, parking lots, sidewalks, turf areas, and major field maintenance at said soccer facilities Deleted: the listed in Exhibit A. The Association will be responsible for routine marking, net replacement and maintenance of the soccer facilities designated as youth soccer facilities, either existing or in the future. From time to time the official field sizes may change to meet new league requirements. Should field size change for any youth soccer field specified herein, the City will assist the Association in field realignment. Any changes made in existing or newly created fields, will require prior approval from the City; and any newly created fields or realigned fields will be governed by applicable terms of this agreement. II. Association for conduct of its league games, practice games, tournament games, and league playoff games from January through December for each year that this Agreement is in effect. Use is limited to standard park operating hours, which are from 7:00a.m. until 11:00 p.m. each day during the year. The Association shall have exclusive right and responsibility for scheduling, or organizing and conducting soccer league games, practice games, tournament and league playoff games at the soccer facilities listed in Exhibit A during the period covered by this Agreement. All play will be designated for recreational play (non-select, non-competitive), Facility Use Agreement, Page 1 of 6 except for one day a week which will be designated for select play, as determined by the Association. Subcontracting of fields by Association will not be allowed. The City reserves the right to close the fields for field maintenance purposes. III. The City has provided, with assistance from the Association, a Concession/Restroom/Office Facility , as listed in Exhibit A. The Facility is the property of the City. Except as set out in Section IV below, the City agrees to maintain utility service that contributes to its safe Deleted: here and efficient operation. The restroom portion of the Facility is a shared facility for various uses Deleted: Paragraph 3 at Northwest Park and is the property of the City. The City will provide daily weekday custodial Deleted: their services for the restroom facility and provide necessary supplies for the restroom facility. The City has also provided, with assistance from the Association, a Storage Facility, as listed in Exhibit A. The Storage Facility, and permanent attachments to said facility, are the property of the City. Unless specifically marked, parking spaces at Northwest Park are not reserved and are available on a first-come, first-served basis. IV. The Association agrees to operate the concession portion of Facility in Section III exclusively and to provide materials, equipment, supplies, and personnel necessary for its operation. Further; the Association is responsible for furnishing telephone service as well as equipment for the Facility, including but not limited to the following: microwaves, refrigerators, ice machines, Deleted: at the youth soccer facilities freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession building portion of the Facility. The Association agrees to basis, during the Associations use of the facilities, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the youth soccer facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth soccer facilities located on City property. In addition, the Association agrees tothe following concession operations processes, if the concession stand at the Facility is used: Inventory will be kept of everything being sold in the concession stand. A cash register with capability to track sales or a Point of Sale system will be used to maintain allinventory and sales. Any and all workers making $600 or more a year will receive a Form 1099 from Association, unless they are hired through a staffing company. Deposits will be made the next business day, All monies will be kept in the safeuntil deposited. City staff will spot check all concessions deposits and/or inventory on a random basis. V. Facility Use Agreement, Page 2 of 6 When dealing with staff/officials, the Association agrees to file the appropriate Form 1099 and any other required IRS filings. Payments to staff/officials shall reconcile to game schedules that will be provided by the Association. VI. The public shall have the right to play soccer or other field sports games at the soccer facilities Deleted: Use of facility by the public will be limited to the following conditions. During the period not covered by this listed in Exhibit A, at any time during park operating hours when no practice, league game, Agreement, the public shall have the right to use the various tournament game, or playoff game has been scheduled by the Association; or the fields have not soccer facilities Complex for use at any time during park been Specially Preparedfor such games. Special preparation shall include marking, net operating hours. During the period covered by this Agreement, installation, watering, painting, or other activity that would be disrupted or spoiled by indiscriminate use of facilities by the public. Deleted: t Deleted: game VII. Deleted: is The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expense, and liabilities, or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City listed as Additional Named Insured, with limits of liability Deleted: i of not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and Formatted: Font: Bold, Italic property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per Deleted: named as an a occurrence. Thirty (30) days prior notice of policy cancellation shallbe provided to the City. Deleted: n Effective policy must not exclude participants in the Associations scheduled or unscheduled activities at the facilities.Other policy exclusions are permissible, provided that they do not Deleted: minimum contradict the terms of this Agreement. The Association shall furnish the City with a Certificate Formatted: Font: Bold, Italic of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this agreement. IX. The Association shallmaintain a writtenpolicy on criminal background checks. All board Deleted: by October1, 2018 members, coaches, employees, and volunteers shall be subject to background checks by the Association on an annual basis. X. Facility Use Agreement, Page 3 of 6 The Association shall not assign, transfer, convey; sublet or otherwise dispose of the Agreement, Deleted: a or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted Deleted: a in the Agreement and the obligations assumed as a part of the Agreement. Any representation or Deleted: a modifications concerning this agreement shall have no force or effect unless modified in writing, Deleted: a and signed by each party to the agreement. Notifications pertaining to any part of this Agreement shall be made as follows: THE CITY: City of La Porte Parks & Recreation Department 1322 S. Broadway La Porte, Texas 77571 Attention: Director The Association: Quest Youth Soccer Club P.O. Box 2033 La Porte, Texas 77572-2033 XII. The Initial Term of this Agreement shall be in force for a one year period, beginning on January 1, 2021 and ending at 11:59 p.m. on December 31, 2021. Deleted: 18 Deleted: 18 At the conclusion of the Initial Term, the Agreement shall automatically renew for two (2) one- Deleted: T year Renewal Terms on January 1 of each successive year.Should either party desire to cause Deleted: , 2019, the Agreement to expire at the end of the Initial Term or the first Renewal Term, as the cause may be, and not renew for any of the one-year renewals, written notice must be given to the other Deleted: absent either Party providing thirty (30) days written notice, as outlined below. party prior to December 1, during the year of the applicable term. Deleted: not renew this agreement after During any Term, either Party may terminate the Agreement without cause at any time by Deleted: after the first renewal term, providing thirty (30) days written notice to the other party. Deleted: 30 days prior to the end of the term. Deleted: sixty During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other soccer facilities that may be Deleted: 6 contemplated in the City. XIII. The Association shall maintain a favorable financial positon during the term of this agreement. City, comprised of a combined expense statement/balance sheet as approved by the City Finance Director or his/her designee and mutually agreed to by the City and the Association along with Facility Use Agreement, Page 4 of 6 supporting documentation. The Annual Report on the Associations Fiscal Condition will be due Deleted: The City reserves the right to review the internal financial control structure of the Association and to perform to the Citysixty (60) days after the end of the Associations fiscal year. In addition, the City other audit steps as necessary to protect its interests. reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests, at any time during the term of this agreement. Failure to provide the Annual Report within 60 days after the end of the Associations fiscal year, or requested financial control or audit information within ten (10) days will prompt a formal notification from theCity to the Association of that the Deleted: the prescribed time limit agreement is in danger ofDefault and a request for satisfaction of the requirement within an additional fifteen (15) daysfrom the date of official notification. Ifthe requirement for the Annual Report or requested financialstatement submission isnot met by that time, or arrangements to submit not made to the Cityssatisfaction within that time, the agreement will be considered to be in Default. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. XIV. If any section, sentences, phrases, clause, or any part of any section, sentences, phrases, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEROF, this instrument has been executed in duplicate, each to have the effect of an original as follows: A. It has been executed on behalf of the City on the ____ day of _______ 2021, by Deleted: 18 its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and B. It has been executed on behalf of the Association on the ____ day of ______ 2021, by its President and attested by its Vice President, pursuant to authorization Deleted: 18 from the Board of Directors of the Quest Youth Soccer Club, authorizing such execution. CITY OF LA PORTE QUEST YOUTH SOCCER CLUB By: ________________________ By:___________________________ Corby D. Alexander, City Manager Scott Sotelo, President Attest: Attest: By: __________________________ By: __________________________ Lee Woodward, City Secretary Victor Cantu, Vice President Deleted: Patrice Fogarty APPROVED ASTO FORM: ___________________________________ Facility Use Agreement, Page 5 of 6 Clark T. Askins, Assistant City Attorney AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES EXHIBIT A There are currently six (6) designated youth soccer fields covered by this agreement at the date of execution. Additional fields may be added in the future as a part of this agreement by signature of both parties. The designated youth soccer facilities covered by this agreement are as follows: NORTHWEST PARK At the date of execution of this agreement, there are six youth soccer fields located at Northwest Park, 10200 N La Porte #1 designated as the soccer field on the northeast corner of the park; bounded on the north by P Street; on the east by Big Island Slough; and on the Deleted: A west, by the east parking lot. Deleted: @ La Porte #2 designated as the soccer field directly south of the La Porte #1. Deleted: 4 La Porte #3 designated as the soccer field on the northwest corner of the park; bounded on the north by P Street; on the west by the park boundary; and on the Deleted: A east, by the west parking lot. Deleted: @ La Porte #4 designated as the soccer field directly south of La Porte #3. Deleted: 6 La Porte #5 designated as the soccer field directly east of La Porte #4. Deleted: 7 La Porte #6 designated as the soccer field directly south of La Porte #4. Concessions/Restroom/Office Facility located approximately 150 feet southwest Deleted: 7 of the Northwest Swimming Pool in Northwest Park. Deleted: north Storage Facility located 25 feet southeast of the Concession/Restroom/Office Deleted: west Facility in Northwest Park. Facility Use Agreement, Page 6 of 6 AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES WHEREAS, the City of La Porte, Texas various soccer facilities as part of the parks and recreational amenities of the community; and WHEREAS funds in the past years towards the construction of various amenities and facilities at the various soccer facilities owned by the City, which funds have been matched by the City; and WHEREAS, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That in consideration of the mutual covenants of the mutual covenants, agreements and benefits to both parties, it is agreed as follows; I. The present soccer facilities covered in this a related to facility and grounds maintenance at the soccer facilities, including all structures, fencing, parking lots, sidewalks, turf areas, and major field maintenance at said soccer facilities listed in Exhibit A. The Association will be responsible for routine marking, net replacement and maintenance of the soccer facilities designated as youth soccer facilities, either existing or in the future. From time to time the official field sizes may change to meet new league requirements. Should field size change for any youth soccer field specified herein, the City will assist the Association in field realignment. Any changes made in existing or newly created fields, will require prior approval from the City; and any newly created fields or realigned fields will be governed by applicable terms of this agreement. II. Association for conduct of its league games, practice games, tournament games, and league playoff games from January through December for each year that this Agreement is in effect. Use is limited to standard park operating hours, which are from 7:00a.m. until 11:00 p.m. each day during the year. The Association shall have exclusive right and responsibility for scheduling, or organizing and conducting soccer league games, practice games, tournament and league playoff games at the soccer facilities listed in Exhibit A during the period covered by this Agreement. All play will be designated for recreational play (non-select, non-competitive), Facility Use Agreement, Page 1 of 6 except for one day a week which will be designated for select play, as determined by the Association. Subcontracting of fields by Association will not be allowed. The City reserves the right to close the fields for field maintenance purposes. III. The City has provided, with assistance from the Association, a Concession/Restroom/Office Facility , as listed in Exhibit A. The Facility is the property of the City. Except as set out in Section IV below, the City agrees to maintain utility service that contributes to its safe and efficient operation. The restroom portion of the Facility is a shared facility for various uses at Northwest Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. The City has also provided, with assistance from the Association, a Storage Facility, as listed in Exhibit A. The Storage Facility, and permanent attachments to said facility, are the property of the City. Unless specifically marked, parking spaces at Northwest Park are not reserved and are available on a first-come, first-served basis. IV. The Association agrees to operate the concession portion of Facility in Section III exclusively and to provide materials, equipment, supplies, and personnel necessary for its operation. Further; the Association is responsible for furnishing telephone service as well as equipment for the Facility, including but not limited to the following: microwaves, refrigerators, ice machines, freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession building portion of the Facility. The Association agrees to basis, during the Associations use of the facilities, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the youth soccer facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth soccer facilities located on City property. In addition, the Association agrees to the following concession operations processes, if the concession stand at the Facility is used: Inventory will be kept of everything being sold in the concession stand. A cash register with capability to track sales or a Point of Sale system will be used to maintain all inventory and sales. Any and all workers making $600 or more a year will receive a Form 1099 from Association, unless they are hired through a staffing company. Deposits will be made the next business day, All monies will be kept in the safe until deposited. City staff will spot check all concessions deposits and/or inventory on a random basis. V. Facility Use Agreement, Page 2 of 6 When dealing with staff/officials, the Association agrees to file the appropriate Form 1099 and any other required IRS filings. Payments to staff/officials shall reconcile to game schedules that will be provided by the Association. VI. The public shall have the right to play soccer or other field sports games at the soccer facilities listed in Exhibit A, at any time during park operating hours when no practice, league game, tournament game, or playoff game has been scheduled by the Association; or the fields have not been Specially Prepared for such games. Special preparation shall include marking, net installation, watering, painting, or other activity that would be disrupted or spoiled by indiscriminate use of facilities by the public. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expense, and liabilities, or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City listed as Additional Named Insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Associations scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this agreement. IX. The Association shall maintain a written policy on criminal background checks. All board members, coaches, employees, and volunteers shall be subject to background checks by the Association on an annual basis. X. Facility Use Agreement, Page 3 of 6 The Association shall not assign, transfer, convey; sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representation or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the agreement. Notifications pertaining to any part of this Agreement shall be made as follows: THE CITY: City of La Porte Parks & Recreation Department 1322 S. Broadway La Porte, Texas 77571 Attention: Director The Association: Quest Youth Soccer Club P.O. Box 2033 La Porte, Texas 77572-2033 XII. The Initial Term of this Agreement shall be in force for a one year period, beginning on January 1, 2021 and ending at 11:59 p.m. on December 31, 2021. At the conclusion of the Initial Term, the Agreement shall automatically renew for two (2) one- year Renewal Terms on January 1 of each successive year. Should either party desire to cause the Agreement to expire at the end of the Initial Term or the first Renewal Term, as the cause may be, and not renew for any of the one-year renewals, written notice must be given to the other party prior to December 1, during the year of the applicable term. During any Term, either Party may terminate the Agreement without cause at any time by providing thirty (30) days written notice to the other party. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other soccer facilities that may be contemplated in the City. XIII. The Association shall maintain a favorable financial positon during the term of this agreement. City, comprised of a combined expense statement/balance sheet as approved by the City Finance Director or his/her designee and mutually agreed to by the City and the Association along with Facility Use Agreement, Page 4 of 6 supporting documentation. The Annual Report on the Associations Fiscal Condition will be due to the City sixty (60) days after the end of the Associations fiscal year. In addition, the City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests, at any time during the term of this agreement. Failure to provide the Annual Report within 60 days after the end of the Associations fiscal year, or requested financial control or audit information within ten (10) days will prompt a formal notification from the City to the Association of that the agreement is in danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for the Annual Report or requested financial statement submission is not met by that time, or arrangements to submit not made to the Citys satisfaction within that time, the agreement will be considered to be in Default. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. XIV. If any section, sentences, phrases, clause, or any part of any section, sentences, phrases, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEROF, this instrument has been executed in duplicate, each to have the effect of an original as follows: A. It has been executed on behalf of the City on the ____ day of _______ 2021, by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and B. It has been executed on behalf of the Association on the ____ day of ______ 2021, by its President and attested by its Vice President, pursuant to authorization from the Board of Directors of the Quest Youth Soccer Club, authorizing such execution. CITY OF LA PORTE QUEST YOUTH SOCCER CLUB By: ________________________ By:___________________________ Corby D. Alexander, City Manager Scott Sotelo, President Attest: Attest: By: __________________________ By: __________________________ Lee Woodward, City Secretary Victor Cantu, Vice President APPROVED AS TO FORM: ___________________________________ Clark T. Askins, Assistant City Attorney Facility Use Agreement, Page 5 of 6 AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES EXHIBIT A There are currently six (6) designated youth soccer fields covered by this agreement at the date of execution. Additional fields may be added in the future as a part of this agreement by signature of both parties. The designated youth soccer facilities covered by this agreement are as follows: NORTHWEST PARK At the date of execution of this agreement, there are six youth soccer fields located at Northwest Park, 10200 N La Porte #1 designated as the soccer field on the northeast corner of the park; bounded on the north by P Street; on the east by Big Island Slough; and on the west, by the east parking lot. La Porte #2 designated as the soccer field directly south of the La Porte #1. La Porte #3 designated as the soccer field on the northwest corner of the park; bounded on the north by P Street; on the west by the park boundary; and on the east, by the west parking lot. La Porte #4 designated as the soccer field directly south of La Porte #3. La Porte #5 designated as the soccer field directly east of La Porte #4. La Porte #6 designated as the soccer field directly south of La Porte #4. Concessions/Restroom/Office Facility located approximately 150 feet southwest of the Northwest Swimming Pool in Northwest Park. Storage Facility located 25 feet southeast of the Concession/Restroom/Office Facility in Northwest Park. Facility Use Agreement, Page 6 of 6 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Source of Funds: N/A Requested By: Ray Mayo, Director Department: Public Works Account Number: N/A Amount Budgeted: $0 Report Resolution Ordinance Amount Requested: $0 Exhibits: Public Hearing Notice Budgeted Item: Yes No SUMMARY & RECOMMENDATION The United States Department of Housing and Urban Development (HUD) allocated $4,297,189,000 in Community Development Block Grant (CDBG) - Mitigation (MIT) funds to the state of Texas through their notice published in the Federal Register, 84 FR 45838 (August 30, 2019). The CDBG-MIT represents an opportunity to fund strategic and high-impact activities to mitigate disaster risks identified by a community and reduce future losses in those areas. In a letter dated June 22, 2020, the City of La Porte was invited to apply for supplemental CDBG-MIT funding for Drainage Project DR-4332-271 (Brookglen Subdivision Drainage Improvements Project), previously submitted to the Texas Division of Emergency Management (TDEM) as part of the Hazard Mitigation Grant Program (HMGP). The application protocol for the CDBG-MIT Program requires applicants provide citizens an opportunity to discuss the potential application submission. The City encourages citizens to participate in the development of this CDBG-MIT application and to make their views known at this public hearing. The 2009 City-wide Drainage Study identifies the Brookglen subdivision as an area with significant drainage/flooding problems, attributed to a mixture of inadequate sewerage and insufficient channel capacity within the B112-00-00 Channel. The combination of various improvements recommended within the City-wide Drainage Study are aimed at reducing the flood risk within the Brookglen area. Several of the recommended improvements within the various studies have been constructed, each providing incremental flood risk reduction within the Brookglen subdivision. In continuation of the phased approach to mitigating the flood risks within the Brookglen subdivision, this project is intended to provide overland sheet flow paths and increase the storm sewer collection system capacity to provide a level of service to accommodate the Atlas-14 100-year rain event. Potential improvements include: increasing storm sewer pipe capacity and level of service from a 3-year rain event, to the Atlas-14 100-year rain event by replacing approximately 7000 LF of storm sewer pipe (various sizes, 24" - 54"); replacing the existing 3-foot wide inlet openings with inlets having a minimum opening of 5-feet; creating overland sheet flow path(s) by reconstructing/regrading approximately 46,700 SY of concrete paving within the project area bounded by: Fairbrook Lane to the south; Willowspring Creek to the west; Centerpoint Energy powerline corridor to the north; and Gladwyne Lane to the east. The estimated total project cost is $11,400,010. Benefits: Consistent with priorities identified within the Harris County Multi-Hazard Mitigation Action Plan The City's Comprehensive Plan - 2018 Five Year Update prioritized twelve actions, with Infrastructure and Drainage Improvements listed as the top priorities. Liabilities: Improvements are not fully funded. Not applying would further delay ability to fully fund the project. Flood risk reduction is further delayed. ACTION REQUIRED BY CITY COUNCIL Hold a public hearing regarding the submission of an application to the Texas General Land Office (GLO) for a Texas Community Development Block Grant - Mitigation (CDBG-MIT) grant. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PUBLIC HEARING NOTICE LA PORTE, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION (CDBG-MIT) PROGRAM The City of La Porte, Texas, will hold a public hearing on Monday, February 22, 2021, at 6:00 p.m., during the regular Council meeting, in the Council chamber located at City Hall, 604 W. Fairmont Parkway, La Porte, Texas, 77571, regarding the submission of an application to the Texas General Land Office (GLO) for a Texas Community Development Block Grant - Mitigation (CDBG-MIT) grant. The purpose of this meeting is to allow citizens an opportunity to discuss the following: 1) Citizen participation plan; 2) Development of local housing and community development or long-term recovery needs; 3) Amount of CDBG-MIT funding available; 4) Explanation of eligible CDBG-MIT activities; 5) The use of past disaster recovery funds; 6) Amount of funds available to benefit low-to-moderate income persons; 7) If applicable, minimizing displacement of person by project activities; 8) Discussion of the application process; 9) Citizens views, proposals, questions, and comments. The City encourages citizens to participate in the development of this CDBG- MIT application and to make their views known at this public hearing. Citizens unable to attend this meeting may submit their views and proposals to Lorenzo Wingate, Assistant Public Works Director, at 2963 N. 23rd Street, La Porte, Texas, 77571. Persons with disabilities who wish to attend this meeting should contact the City at 281-470-5021 to arrange for assistance. Individuals who require auxiliary aids or services for this meeting should contact the City at least two (2) days before the meeting so that appropriate arrangements can be made. For more information, contact Lorenzo Wingate at 281-471-9650. Due to the COVID-19 pandemic, the City will conduct the hearing in a manner consistent with state and local recommendations and orders to protect attendees. AVISO DE AUDIENCIA PÚBLICA LA PORTE, TEXAS PROGRAMA DE SUBVENCIÓN DE BLOQUES PARA EL DESARROLLO COMUNITARIO - MITIGACIÓN (CDBG-MIT) La ciudad de La Porte, Texas, llevará a cabo una audiencia pública el lunes 22 de febrero de 2021 a las 6:00 pm durante la reunión ordinaria del consejo, en las cámaras del consejo ubicadas en City Hall, 604 W. Fairmont Parkway, La Porte, Texas 77571, con respecto a la presentación de una solicitud a la Oficina General de Tierras de Texas (GLO) para una Subvención en Bloque para el Desarrollo Comunitario de Texas - Mitigación (CDBG-MIT ) subvención. El propósito de esta reunión es brindar a los ciudadanos la oportunidad de discutir lo siguiente: 1) Plan de participación ciudadana; 2) Desarrollo de viviendas locales y desarrollo comunitario o necesidades de recuperación a largo plazo; 3) Cantidad de financiamiento CDBG-MIT disponible; 4) Explicación de las actividades elegibles de CDBG-MIT; 5) El uso de fondos de recuperación de desastres anteriores; 6) Cantidad de fondos disponibles para beneficiar a personas de ingresos bajos a moderados; 7) Si appliccapaz,minimizando el desplazamiento de la persona por las actividades del proyecto; 8) Discusión del proceso de solicitud; 9) Opiniones, propuestas, preguntas y comentarios de los ciudadanos. La Ciudad anima a los ciudadanos a participar en el desarrollo de esta aplicación CDBG-MIT y dar a conocer sus puntos de vista en esta audiencia pública. Los ciudadanos que no puedan asistir a esta reunión pueden presentar sus puntos de vista y propuestas a Lorenzo Wingate, Director Asistente de Obras Públicas, en 2963 N. 23rd Street, La Porte, Texas 77571. Las personas con discapacidades que deseen asistir a esta reunión deben comunicarse con la Ciudad al 281-470-5019 para coordinar la asistencia. Las personas que requieran ayudas o servicios auxiliares para esta reunión deben comunicarse con la Ciudad al menos dos (2) días antes de la reunión para que se puedan hacer los arreglos necesarios. Para obtener más información,Lorenzo Wingate al contáctese con281-471-9650. Debido a la pandemia de COVID-19, la Ciudad llevará a cabo la audiencia de acuerdo con las recomendaciones y órdenes estatales y locales para proteger a los asistentes. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 037 Hotel/Motel Source of Funds: Requested By: Corby Alexander, City Mgr. Department: Administration/CMO 037-6063-565-6016 Account Number: $165,000 Amount Budgeted: Report Resolution Ordinance Amount Requested: N/A Exhibits: Chamber Profit Loss Statement, 2019-21 Budget, 2020 Budgeted Item: Yes No SBF Budget Report & Lomax Festival Contract SUMMARY & RECOMMENDATION In October of 2019, the City of La Porte and the La Porte-Bayshore Chamber of Commerce entered into a multi-year contract. In exchange for annual financial support, the Chamber is tasked with the general promotion of the City of La Porte in efforts to bring visitors to the community. The Sylvan Beach festival has been one of those significant endeavors spearheaded by the Bay Area Chamber of Commerce that has been enjoyed by countless visitors to our town. Additionally, the aforementioned d and approved by the City Council. This budget has been included in this packet for your consideration. The Chamber president will be present to provide an update of Chamber activities and respond to Council questions. ACTION REQUIRED BY CITY COUNCIL Consider and/or approve the Chamber 2020-21 budget associated with City of La Porte annual funding of $165,000. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 10:44 AM LaPorte Bayshore Chamber of Commerce 02/04/21 Accrual Basis Profit & Loss by Class January through December 2020 BoothsCarnivalChildrens PagaentCookoffGeneralHotel TaxPagaentParadeParkRaffleSylvan Beach - Other (Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)(Sylvan Beach)Total Sylvan Beach Ordinary Income/Expense Income 40100 · Membership Dues 0.000.000.000.000.000.000.000.000.000.000.00 40500 · Misc Income 40501 · Credit Card Fees Income 0.000.000.000.000.000.000.000.000.000.000.00 40502 · Board of Directors 0.000.000.000.000.000.000.000.000.000.000.00 40505 · Other Income 0.000.000.000.000.000.000.000.000.000.000.00 40500 · Misc Income - Other 0.000.000.000.000.000.000.000.000.000.000.00 Total 40500 · Misc Income 0.000.000.000.000.000.000.000.000.000.000.00 40700 · Activity Revenue 4,300.000.0035.0010,530.00500.000.006,238.60537.082,614.72854.000.00 40900 · Sponsor Income 40901 · Corporate 0.000.000.000.0020,250.000.002,605.000.001,000.000.0010,500.00 40902 · City of LaPorte 0.000.000.000.000.00138,500.000.000.000.000.000.00 40903 · Admin Fee 0.000.000.000.000.000.000.000.000.000.000.00 Total 40900 · Sponsor Income 0.000.000.000.0020,250.00138,500.002,605.000.001,000.000.0010,500.00 41100 · ABC Agreement Income 0.000.000.000.000.000.000.000.000.000.000.00 41500 · Magazine/Newsletter Income 0.000.000.000.000.000.000.000.000.000.000.00 42000 · Interest Income 0.000.000.000.000.000.000.000.000.000.000.00 48900 · Shipping and Delivery Income 0.000.000.000.000.000.000.000.000.000.000.00 Total Income 4,300.000.0035.0010,530.0020,750.00138,500.008,843.60537.083,614.72854.0010,500.00 Gross Profit 4,300.000.0035.0010,530.0020,750.00138,500.008,843.60537.083,614.72854.0010,500.00 Expense 60000 · Advertising and Promotion 0.000.000.000.003,381.846,925.930.000.000.000.000.00 60400 · Bank Service Charges 0.000.000.000.0024.0022.000.000.000.000.000.00 60500 · Credit Card Fees 0.000.000.000.000.000.000.000.000.000.000.00 61700 · Internet Expenses 0.000.000.000.000.000.000.000.000.000.000.00 61900 · Charitable Donations 0.000.000.000.000.000.000.000.000.000.000.00 62100 · Computer Expense 0.000.000.000.000.000.000.000.000.000.000.00 62200 · Contract Labor 0.000.000.000.000.000.000.000.000.000.000.00 62350 · Committee Expense 0.000.000.001,345.000.000.00578.380.000.000.000.00 62500 · Dues and Subscriptions 0.000.000.000.000.000.000.000.000.000.000.00 62600 · Entertainment Expense 0.000.000.000.0061,000.009,000.000.000.000.000.000.00 62700 · Flowers/Decorations 0.000.000.000.000.000.000.000.000.000.000.00 62800 · Food Purchases 0.000.000.000.00285.000.000.000.000.000.000.00 63300 · Insurance Expense 63301 · Health Insurance 0.000.000.000.000.000.000.000.000.000.000.00 63302 · Special Events 0.000.000.000.000.000.000.000.000.000.000.00 63303 · Flood & Windstorm 0.000.000.000.000.000.000.000.000.000.000.00 63304 · Bond 0.000.000.000.000.000.000.000.000.000.000.00 63305 · Workers Comp 0.000.000.000.000.000.000.000.000.000.000.00 63306 · Officers & Directors 0.000.000.000.000.000.000.000.000.000.000.00 Total 63300 · Insurance Expense 0.000.000.000.000.000.000.000.000.000.000.00 63500 · Tablet 0.000.000.000.000.000.000.000.000.000.000.00 64000 · Lease- Copier 0.000.000.000.000.000.000.000.000.000.000.00 64300 · Meals 0.000.000.000.000.000.000.000.000.000.000.00 64500 · Miscellaneous 1,700.00100.000.004,125.000.000.000.000.001,490.000.000.00 64600 · Mileage Reimbursement 0.000.000.000.000.000.000.000.000.000.000.00 64900 · Office Supplies 0.000.000.000.000.000.000.000.000.000.000.00 64950 · Supplies - Misc Committee Exp 0.000.000.000.00156.970.00116.900.000.000.000.00 65000 · Newsletter Expense 0.000.000.000.000.000.000.000.000.000.000.00 66100 · Salary & Wages 0.000.000.000.000.000.000.000.000.000.000.00 66150 · Security 0.000.000.000.000.000.00240.000.000.000.000.00 66200 · Payroll Tax Expense 0.000.000.000.000.000.000.000.000.000.000.00 66300 · Retirement - Company 0.000.000.000.000.000.000.000.000.000.000.00 66500 · Postage and Delivery 0.000.000.000.000.000.000.000.000.000.000.00 66700 · Professional Fees 66701 · Accounting 0.000.000.000.000.000.000.000.000.000.000.00 66702 · Legal 0.000.000.000.000.000.000.000.000.000.000.00 66703 · Professional Fees Other 0.000.000.000.000.000.000.000.000.000.000.00 Total 66700 · Professional Fees 0.000.000.000.000.000.000.000.000.000.000.00 66800 · Plaques/Awards 0.000.000.000.000.000.00304.000.000.000.000.00 66850 · Prizes 0.000.000.000.000.000.000.000.000.000.000.00 66900 · Printing & Publications 0.000.000.000.005,000.000.000.000.000.000.000.00 67100 · Rent Expense- Office 0.000.000.000.000.000.000.000.000.000.000.00 67150 · Rent Expense- Warehouse 0.000.000.000.000.000.000.000.000.000.000.00 67160 · Event Rentals 0.000.000.002,422.500.000.000.000.002,422.500.000.00 67200 · Office Repairs and Maintenance 0.000.000.000.000.000.000.000.000.000.000.00 68000 · Scholarships 0.000.000.000.000.000.005,500.000.000.000.000.00 68100 · Telephone Expense 0.000.000.000.000.000.000.000.000.000.000.00 Total Expense 1,700.00100.000.007,892.5069,847.8115,947.936,739.280.003,912.500.000.00 Net Ordinary Income 2,600.00-100.0035.002,637.50-49,097.81122,552.072,104.32537.08-297.78854.0010,500.00 Net Income2,600.00-100.0035.002,637.50-49,097.81122,552.072,104.32537.08-297.78854.0010,500.00 12/19/2019 La Porte-Bayshore Chamber of Commerce Budget - Hotel Occupancy Tax Fund For October 1, 2019 through September 30, 2022 Revenue 2020, 2021 & 2022 Hotel Tax Revenue $165,000 Expenses Budgeted Advertising/Promotion $25,000.00 Administrative Fee $26,500 (*a portion of the Admin fee will be used to cover all City Sponsorships at the various Chamber events, detailed list attached) Entertainment $100,700 Security $9,000 Printing/Publications $1,800 Contingency $2,000 $162,500 Expenses explained: 1.Advertising/Promotion: Sylvan Beach Festival Newspapers, magazines, radio, billboards, etc 2.Administrative Fee: This figure is less than 10% of Gen Operating budget. Minimum of 10% of staff time (phone inquiries, walk-ins, postage, supplies) $7,570 of the proposed increase will serve as a lump sum payment to cover all the various chamber events and sponsorship opportunities that the City typically attends in a given calendar year (please see attached event list for further years these fees have been billed separately from the contract. 3.Entertainment: This money is used to secure high profile entertainers (typically a headliner and opening act) as w a throw back act and 2-3 local artist each year with the goal of enticing both local residents and out of town guests to our city for festival 4.Security: This money is used to pay for the additional security not covered by the City or County Officers and 4-5 County Sheriffs each year (cost is in excess of $9,000) 5.Printing/Publications: The past 2 years we have actually used this money to create info maps for additional targeted marketing via social media 6.Contingency: The past 2 years we have allocated these funds to marketing and entertainment. In years pa were not expended. Going forward our plan is to allocate to either marketing, security or entertainment (or between the 3 as needed money will be expended annually). The $165,000 represents 22% of the Hotel Tax Budget (based upon the actual 2018 revenue of $750,000). Our Chamber highly values the relationship we have with the City of La Porte and the partnership weve had over the last 63 y Sylvan Beach Festival. Our goal in the proposed increase is not based on greed or a desire to increase net earnings for the Cham desire to reduce our financial risks while maintaining the standard of excellence we have set with our entertainment level The cost of advertising, security and entertainment have increased dramatically over the past 5-6 years and the Chamber isn absorb the financial loss if we were to experience a subpar festival (ie. inclement weather that keeps the crowds away). phenomenal weather forecast and record level sponsorships going into the event but we still needed to generate $30,0 even. Over the years our Chamber has demonstrated a proven ability to create and manage a top-notch festival that draws in t across Texas and beyond. We work with local business owners, hotel managers, city personnel and volunteers to create and every year. The Chamber is very financially efficient in putting on this festival and we are constantly looking for aven Our citizens expect us to put on a safe, family friendly event with top notch entertainment. The increase in funding would go a long wa secure the entertainers, keep our current level of security and market the event. Again, we thank you for your consideration and partnership over the years. 2/4/2021 La Porte-Bayshore Chamber of Commerce Budget - Hotel Occupancy Tax Fund For October 1, 2019 through September 30, 2022 Revenue 2020 Hotel Tax Revenue for SBF $138,500 Expenses Budgeted Actual Advertising/Promotion $25,000.00 $14,745.03 Entertainment $100,700 $70,000 ($61,000 for SBF deposit and $9000 for Lomax deposit) Security $9,000 $0 Printing/Publications $1,800 $0 Contingency $2,000 $0 $138,500 ($84,745.03) *$53,754.97 remaining for the Lomax Festival on 10/9/2021 The Chamber asked for and was given the permission to allocate the remaining city funds from the 2020 SBF that was cancelled community festival to be held at the Lomax Arena. We signed a $34,000 entertainment contract (of which we paid a $9000 deposit) Festival unfortunately was also postponed due to Covid. The reschedule date for the Lomax Festival is 10/9/2021. We did not get a refund on any of the SBF 2020 entertainment deposit. The $53,754 balance will be used to pay the remaining Lomax entertainment fee ($25,000), Security ($9,000) and Advertising/Printing/Contingency ($19,754.97) 2020 SBF Expenses paid from the Hotel Tax money Hotel Tax For Vendor Amount Paid 2020 Social Media Facebook Advertising/Social Media Bolton Communications $6,500 Advertising Fischer's Hardware $45 Advertising Around La Porte $1,200 Advertising Texas Hot Country $2,000 Advertising Sign AD $5,000 Advertising Sign AD Advertising Sign AD Advertising Sign AD Bands Brock Agency Inc $61,000 Bands Brock Agency Inc $9,000 84745.03 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Source of Funds: N/A Requested By: Ray Mayo, Director Department: Public Works Account Number: N/A Amount Budgeted: $0 Report Resolution Ordinance Amount Requested: $0 Exhibits: Conceptual Drawings for Logos, SH146 Widening Plan Budgeted Item: Yes No SUMMARY & RECOMMENDATION The Texas Department of Transportation (TxDOT) contacted City staff in October 2020 approximately 2,000 feet south of Red Bluff Rd in Seabrook, to approximately 300 feet south of W Main Street (Spencer Hwy), not including the W. Main Street (Spencer Hwy) intersection. opportunity to consider addition of a logo to add visual appeal to the overpasses at Fairmont Parkway and Wharton Weems. The concrete impressions on the retaining walls will be at no charge to the City. Any additional items such as powder-coated metal Staff has been working with design consultant, Asakura Robinson to provide preliminary conceptual renderings. The designer has provided several options for review. The selected design will be integrated into the TxDOT construction plans. Staff recommends a selection as soon as feasible as the timeline is restricted and design must be finalized by the end of February 2021 to align with TxDOT scheduling. Benefits: Improves visual appearance of overpass structures Enhances promotional efforts Liabilities: Maintenance of the improvements ACTION REQUIRED BY CITY COUNCIL Presentation, discussion, and possible action regarding City logos for overpass structures at Fairmont Parkway and Wharton Weems. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date DJUZ!PG!MB!QPSUF-!UFYBT TDIFNBUJD!SFWJFX!QBDLBHF!GPS!DJUZ!DPVODJM UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU TFBM!CBDLHSPVOE!'!UFYU HVMMT Xbufs!kfu.dvu!qpxefsdpbufe! Qsfgbcsjdbufe!dpodsfuf!qbofm!nfubm!qbofmt!qjo.npvoufe!up! xjui!qbjoufe!jotfudpodsfuf!qbofm QSJNBSZ!EFTJHO DJUZ!TFBM!XJUI!DJUZ!OBNF!UFYU UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU UFYU Xbufs!kfu.dvu!qpxefsdpbufe! nfubm!qbofmt!qjo.npvoufe!up! dpodsfuf!qbofm TFBM!CBDLHSPVOE!'! HVMMT Qsfgbcsjdbufe!dpodsfuf! qbofm!xjui!qbjoufe!jotfu UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU HVMM!TJMIPVFUUFT!DJSDMF Xbufs!kfu.dvu!qpxefsdpbufe!nfubm!Qsfgbcsjdbufe!dpodsfuf!qbofm! qbofmt!qjo.npvoufe!up!dpodsfuf!xjui!qbjoufe!jotfu qbofm UFYU! Xbufs!kfu.dvu!qpxefsdpbufe!nfubm! qbofmt!qjo.npvoufe!up!dpodsfuf! qbofm QSJNBSZ!EFTJHO DJSDMFE!HVMM!TJMIPVFUUFT!XJUI!DJUZ!OBNF!UFYU UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU UFYU Xbufs!kfu.dvu!qpxefsdpbufe! nfubm!qbofmt!qjo.npvoufe!up! dpodsfuf!qbofm DJSDMF Qsfgbcsjdbufe!dpodsfuf!qbofm! xjui!qbjoufe!jotfu HVMM!TJMIPVFUUFT! Xbufs!kfu.dvu!qpxefsdpbufe! nfubm!qbofmt!qjo.npvoufe!up! dpodsfuf!qbofm UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU HVMM!TJMIPVFUUFT! Xbufs!kfu.dvu!qpxefsdpbufe! nfubm!qbofmt!qjo.npvoufe!up! dpodsfuf!qbofm UFYU! Qsfgbcsjdbufe!dpodsfuf!qbofm!xjui! qbjoufe!jotfu QSJNBSZ!EFTJHO GMPBUJOH!HVMMT!XJUI!DJUZ!OBNF!UFYU UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU HVMM!TJMIPVFUUFT Xbufs!kfu.dvu!qpxefsdpbufe! nfubm!qbofmt!qjo.npvoufe!up! dpodsfuf!qbofm UFYU Qsfgbcsjdbufe!dpodsfuf!qbofm! xjui!qbjoufe!jotfu UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU PSJHJOBM!GPOU Gpou!qspwjefe!cz!Psjhjobm! Tfbm QSJNBSZ!EFTJHO UFYU!GPOU!BOE!DPMPS!WBSJBUJPOT UYEPU!TI!257!MPHP!EFTJHO DJUZ!PG!MB!QPSUF!QBSLT!'!SFDSFBUJPO!EFQBSUNFOU REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Source of Funds: N/A Requested By: Ray Mayo, Director Department: Public Works Account Number: N/A Amount Budgeted: $350,000 Report Resolution Ordinance Amount Requested: $0 Exhibits: Budgeted Item: Yes No Presentation SUMMARY & RECOMMENDATION Pecan Park is heavily used year-round for baseball and softball practice, games and tournaments. Currently, the parking lot provides 469 parking spaces. The traffic pattern for the parking lot was intended to be one-way from the inception of the parking plan. During the May 9, 2020 Special Meeting of City Council (Pre-budget Retreat), Council expressed/discussed safety concerns related to vehicular and pedestrian accidents within the parking lot. City Council directed staff to procure the services of a professional traffic engineer to evaluate the existing park layout to determine feasible options to improve park layout and safety within the park. City staff has added six (6) additional traffic humps, six (6) painted crosswalk locations and increased signage to warn drivers regarding pedestrians at the crosswalks. A professional services agreement was presented to City Council at the July 27, 2020 meeting and Council directed staff to proceed with a site assessment and conceptual design to be provided by the team of CONSOR (traffic engineer) and Asakura Robinson (landscape architect). Preliminary concepts yielded four (4) options. A modification of Concept B provided a conceptual design that meets all goals of the analysis. La Porte Boys Baseball Association has reviewed the proposed design and indicated its approval. ultimate conceptual design: Expands the parking areas to provide approximately 250 additional parking spaces (approximately 730 total proposed spaces). Realigns drive aisle(s) aisle(s). Removes the western-most drive aisle to reduce vehicular/pedestrian conflict near the concession stand/restroom common area. Additionally, wayfinding signs are recommended within the right-of-way and throughout the park to improve navigation for both vehicles and pedestrians. Incorporates walking paths to guide pedestrians to utilize crosswalk zones. Provides a phasing plan that would allow portions of the parking lot and the ball fields to remain open during construction. Provides two drop-off zones near restrooms adjacent to each parking area. Elevated pedestrian crossings would provide increased safety. The estimated total cost of all three phases of proposed improvements is $3,888,000, which includes contingency for each phase. Estimated costs of the drainage and detention requirements for the proposed improvements is included in the design and construction estimates. Staff recommends utilizing the conceptual design provided by the consultant team to plan, budget, and design future improvements to Pecan Park as a phased capital improvement project beginning in year FY21/22. Design phase funds are available in this fiscal year budget. Phase 1 of the improvements eliminates the traffic aisle adjacent to the concession stand and incorporates a greenspace between the two parking zones. This phase results in a reduction of 35 parking spaces. Phase 2 of the improvements adds approximately 62 parking spaces. Phase 3 of the improvements adds approximately 190 parking spaces. Benefits: Vehicular/pedestrian crossflow reduced. Additional parking capacity provided. Drive aisles expanded. Central greenspace adds to park amenities. Improved vehicular circulation. Improvements can be phased and scheduled around high use months. Liabilities: Construction Improvements are not funded within current fiscal year (FY21). Additional storm water detention capacity required. ACTION REQUIRED BY CITY COUNCIL Presentation, discussion, and possible action regarding conceptual plan for potential Pecan Park Improvements. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PECAN PARK PARKING REDESIGN City of La Porte City Council Meeting February 2021 FYJTUJOH!DPOEJUJPOT QSFMJNJOBSZ!DPODFQUT CONCEPT A!.!Qmb{b!Dpodfqu JO!DPOTVMUBUJPO!XJUI! UIF!DJUZ!PG!MB!QPSUF SF.PSJFOUFE! MPU!FOUSBODF GJFME! 2 GJFME! 3 QJDL.VQ!0!ESPQ.PGG! MPPQ NBJOUFOBODF! FYBNQMF!XBZGJOEJOH! TDIFNF MPU!!B! Psbohf!\[pof Gjfme!! 2 Qjol!\[pof Gjfme!! 3 Gjfme!! Gjfme!! 4 5 DPODFQUVBM!TBGFUZ! JNQSPWFNFOUT DEDICATED ONE-WAY DROP OFFS QSPQPTFE!QIBTJOH!QMBO!! PHASE 1 - IN PROGRESS PHASE 1 Qibtf!2!sfnpwft!boe!sfxpslt!uif! fyjtujoh!tpvuifso!mpu!boe!sfnpwft! uif!dfousbm!wfijdvmbs!dpoofdujpo/!Uif! fyjtujoh!opsuifso!mput!sfnbjo!pqfo! gps!uif!evsbujpo!pg!dpotusvdujpo/!Uif! dpousbdups!xjmm!cf!ejsfdufe!up!qspwjef! njo/!tbgf!xbmljoh!bddftt!up!bmm!uif! dpotusvdujpo PHASE 1 - COMPLETE Qibtf!2!Dpotusvdujpo!Dptut;! !!%2-281-111 !!+jodmveft!31&!dpoujohfodz!!! !!boe!qspkfdu!npcjmj{bujpo!dptut QSPQPTFE!QIBTJOH!QMBO!! PHASE 2 - IN PROGRESS PHASE 2 Qibtf!3!sfnpwft!boe!sfxpslt!uif! fyjtujoh!opsuifso!mpu/!Uif!sfxpslfe! tpvuifso!mpu!gspn!Qibtf!2-!bt!xfmm! dpotusvdujpo/!Uif!dpousbdups!xjmm!cf! ejsfdufe!up!qspwjef!njo/!tbgf!xbmljoh! bmm!uif!qibtft!pg!dpotusvdujpo/! PHASE 2 - COMPLETE Qibtf!3!Dpotusvdujpo!Dptut;! !!%2-411-111 !!+jodmveft!41&!dpoujohfodz!!! !! QSPQPTFE!QIBTJOH!QMBO! PHASE 3 - IN PROGRESS PHASE 3 Qibtf!4!beet!beejujpobm!qbsljoh!cz! fyqboejoh!uif!opsuifso!boe!tpvuifso! qbsljoh!mput!up!uif!fbtu/!!Bddftt!up! uif!cbuujoh!dbhft!jt!sfspvufe-!boe!bmm! gps!uif!evsbujpo!pg!dpotusvdujpo/!Uif! dpousbdups!xjmm!cf!ejsfdufe!up!qspwjef! njo/!tbgf!xbmljoh!bddftt!up!bmm!uif! dpotusvdujpo! PHASE 3 - COMPLETE Qibtf!4!Dpotusvdujpo!Dptut;! !!%2-351-111 !!+jodmveft!41&!dpoujohfodz!!! !! Jufn Djwjm!,!Mboetdbqf!Eftjho!Gfft!)bmm!qibtft* Qibtf!2!Dpotusvdujpo!Dptut! )jodmveft!31&!dpoujohfodz!boe!bmm!npcjmj{bujpo!dptut*! Qibtf!3!Dpotusvdujpo!Dptut! )jodmveft!41&!dpoujohfodz*! Qibtf!4!Dpotusvdujpo!Dptut! )jodmveft!41&!dpoujohfodz*! Upubm!Dptut UIBOL!ZPV! QIBTF!4 SF.PSJFOUFE! MPU!FOUSBODF GJFME! 2 QIBTF!3 GJFME! 3 QJDL.VQ!0!ESPQ.PGG! MPPQ NBJOUFOBODF! REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2020 015 General CIP Requested By: Ray Mayo, Director Source of Funds: 032 Park Zone Department: Public Works 015-7070-530-5110 032-7070-530-5110 Report Resolution Ordinance Account Number: 032-8080-552-8032 015 - $642,260; Exhibits: Conceptual Design; Bid Tab; Notice of Intent to Amount Budgeted: 032 $286,165 Terminate Agreement; ; 015 - $642,260 032- $394,165 Amount Requested: Total: $1,036,425 Budgeted Item: Yes No SUMMARY & RECOMMENDATION thnd Bid #21003 was advertised on October 15 and October 22 in the Bay Area Observer, posted on Public Purchase, , and CivCast. Six (6) contractors submitted bids. At the December 14, 2020 City Council meeting, the Council awarded Bid #21003 to Texas Specialized Construction Services, LLC for all five (5) bid items. Subsequently, staff began coordinating with Texas Specialized Construction Services, LLC to complete the process of preparing a fully executed contract, along with accompanying certification and disclosure forms, and submission of performance and payment bonds. Since notifying Texas Specialized Construction Services, LLC of award in December, Texas Specialized Construction Services, LLC has not demonstrated the ability to perform in accordance with requirements of the bid documents, by failing to provide original performance and payments bonds by the original deadline contained in the invitation to bid, and after a deadline extension granted to Texas Specialized Construction Services LLC via email. Texas Specialized Construction Services LLC was notified, in writing, via email and certified letter, Bid # 21003. As such, the second lowest bidder, Perry Construction, was contacted to confirm their willingness to honor their bid submitted in response to Bid #21003. Perry Construction provided written confirmation of their willingness to honor their original bid price of $990,906. In order for City Council to award this project to Perry Construction it will require an additional $107,481 of appropriations to cover the difference in bid amounts. Previously, staff identified an opportunity to complete the entire project scope of constructing an open air pavilion, parking lot, and restroom by utilizing Park Zone funds to supplement the Five Points Plaza Enhancement Project budget. Council previously approved both the award of Bid #20010, for all line items, as well as a budget amendment to utilize $286,165 of Park Zone funds to supplement the project budget, reducing the overall available balance of $651,522 down to $365,357. An additional $108,000 would be needed from the Park Zone Fund to fully fund the project, leaving a balance of $257,357 within the Park Zone Fund. Should Council choose this option, a budget amendment would need to be made since these Park Zone funds were not budgeted to be used during the Fiscal Year 2020-21 Budget process. The budget amendment has been prepared and included for Council consideration as a separate agenda item. Any Park Zone funds not utilized at the completion of this project would return to the Park Zone fund. Staff is recommending City Council withdraw the award of Sealed Bid #21003 to Texas Specialized Construction Services, LLC for failure to satisfy bid condition to timely provide performance and payment bonds, and award Sealed Bid #21003 to Perry Construction, for bid items 1, 2, 3, 4, and 5 in the amount of $990,906, with a contingency amount of $45,519 for a total authorization of $1,036,425.00. Benefits: Second lowest bidder has communicated the willingness to honor bid prices. Provides for construction of the entire scope of work, as designed. Considers utilization of Park Zone funds without having to re-budget/re-bid the project in October 2021. Avoids potential increased construction cost attributable to anticipated inflation. Provides restroom facilities and additional programming/rental space, which generate revenue. Park Zone fund is expected to replenish as development currently under construction continue to pay park land dedication fee(s). Provides clean and safe restrooms to the visiting public. Liabilities: continue through construction, causing project completion to be delayed. Bid prices could increase, creating project budget shortfall. Rejecting bids further delays addition of permanent restrooms and other planned enhancements. $365,357 Park Zone fund balance is depleted by $108,000 leaving $257,357 remaining in the Park Zone Fund. ACTION REQUIRED BY CITY COUNCIL Withdraw award of Sealed Bid #21003 to Texas Specialized Construction Services, LLC for the Five Points Plaza Enhancements Project, and award Sealed Bid #21003 to Perry Construction for bid items 1, 2, 3, 4, and 5 in the amount of $990,906.00, with a contingency amount of $45,519.00 for a total authorization of $1,036,425.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PQUJPO!2! TJUF!QMBO! CMC Development & Texas Specialized Construction Construction Christensen Building Perry Construction CorporationServices, LLCGroup, LLC Bid Tabulation to Sealed Bid #21003 - 5 Points Plaza Enhancements Description ItemQtyUoMItem TotalItem TotalItem TotalItem Total Demo and site preparation, complete and in place 10.84AC$100,000.00$50,400.00$86,972.00$8,500.00 Mobilization, insurance, bonds and permits related to civil site work (Not to exceed 5% of 21LStotal project cost$51,292.00$35,750.00$41,617.00$21,491.00 31LSFurnish materials and labor for restroom$383,940.00$335,100.00$321,519.00$329,508.50 41LSFurnish materials and labor for civil work$238,202.00$322,925.00$207,474.00$259,010.00 Total Base Bid $773,434.00$744,175.00$657,582.00$618,509.50 Additional Bid Item: Furnish material and labor for open air 51LSpavilion$321,566.00$139,250.00$532,734.00$372,396.50 Total of additional bid items $321,566.00$139,250.00$532,734.00$372,396.50 TOTAL BID PRICE $1,095,000.00$883,425.00$1,190,316.00$990,906.00 Addendum 1 ackackackack Addendum 2 ackackackack Bid Bondyesyesyesyes February 9, 2021 Texas Specialized Construction Services, LLC 16107 Kensington Dr. Suite 123 Sugar Land, TX 77479 Mr. Millis, As you are aware, Texas Specialized Construction Services, LLC (TSC) was awarded the contract for 5 Points Plaza Enhancements on December 16, 2020, by the City of La Porte. As of this date, we have not received the original Performance and Payment Bonds needed for the completion of this contract, despite requests for same from my office. According to Article 15 of the Instruction to Bidders document, when the successful Bidder delivers the executed Agreement to the Owner, it shall be accompanied by the required bonds. Also, in Article 16 “Signing of Agreement” of the instructions to Bidders document, it states, “Within 15 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required bonds and certificated or policies of insurance” TSC was given an extension until February 1, 2021, via email correspondence, to submit the required bonds, but as noted, as of the date of this letter the bonds have not been received by the City of La Porte. The City wishes to commence construction on this project without unnecessary delay. Therefore, a recommendation will be made to City Council at the February 22, 2021, City Council meeting to terminate the agreement with TSC due to TSC’s failure to meet the conditions of the contract and to award the contract to the next lowest bidder. Best Regards, Cherell Daeumer, CPPB Purchasing Manager REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Source of Funds: 032-Grant Fund Requested By: Shelley Wolny, Asst. Finance Director Department: Finance Account Number: 0327070-5305110 Amount Budgeted: $0 Report Resolution Ordinance Amount Requested: $108,000 Exhibits: Ordinance, Exhibits A & B and Detail Budgeted Item: Yes No Information SUMMARY & RECOMMENDATION The City of La Porte City Council adopted the Fiscal Year 2020-21 Budget on September 28, 2020. Staff is requesting a budget amendment for FY 2020-21 in the amount of $108,000 for additional Park Zone Funding for the 5 Points Plaza Enhancements. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2020-21 Budget. (*denotes funds with current changes) FY 2021 Proposed FY FY 2021 Revised 2021 Original Budget Amended Budget (1/11/21) Budget General Fund $ 60,835,130 $ 62,783,395 $ 62,783,395 Grant Fund 10,555,403 8,893,303 9,001,303 * Street Maintenance Sales Tax 3,232,000 3,232,000 3,232,000 Fund Emergency Services District 1,376,338 1,376,338 1,376,338 Sales Tax Fund Hotel/Motel Occupancy Tax 739,543 739,543 739,543 Economic Development 1,774,628 1,774,628 1,774,628 Corporation Tax Increment Reinvestment 2,931,532 2,931,532 2,931,532 Zone Utility8,472,4268,472,4268,472,426 Airport 91,730 91,730 91,730 La Porte Area Water Authority 2,125,393 2,125,393 2,125,393 Motor Pool 3,172,859 3,185,541 3,185,541 Insurance Fund 9,867,814 9,867,814 9,867,814 Technology Fund 691,485 691,485 691,485 General Capital Improvement 4,171,741 4,171,741 4,171,741 Utility Capital Improvement 1,875,000 1,875,000 1,875,000 Sewer Rehabilitation Capital 350,000 350,000 350,000 Improvement Drainage Improvement Fund 4,205,000 4,205,000 4,205,000 General Debt Service 4,363,779 4,363,779 4,363,779 Total of All Funds $120,831,801 $121,130,648 $121,238,648 ACTION REQUIRED BY CITY COUNCIL Adopt of ordinance 2021-3819 Year 2020-21 Budget for $108,000 for the use of Park Zone funding for the Five Points Plaza Enhancements Project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE2021-3819 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2020, through September 30, 2021, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 27, 2020, and a public hearing scheduled for September 28, 2020 was duly advertised and held, and said Budget was finally approved by ordinance on September 28, 2020; WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after final adoption of the budget, the governing body of the municipality may spend municipal funds only in strict compliance with the budget, except in emergency, where in such cases the governing body of the municipality may authorize an emergency expenditure as an amendment to the original budget only in the case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of a municipality may make changes to its budget for municipal purposes; WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the best interest of the health, safety and general welfare of the inhabitants of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention, the Budget must be amended and revised with respect to those appropriations set forth in Exhibit C, attached hereto by reference and made part hereof. In support thereof, the City Council finds that additional expenditures are necessary for the following purposes: 1) $108,000.00 for the installation of restroom facilities at Five Points Plaza. Such additional expenditures are more specifically described on Exhibit C. SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit , as the Budget for the said City of La Porte, Texas, for the period of October 1, 2020, through September 30, 2021. SECTION 3. The several amounts stated in Exhibit C as the amended expenditures are hereby appropriated to and for the objects and purposes therein named, and are found to be for municipal purposes. SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the resources of each fund, as so amended and revised. SECTION 5: The City Council finds that all things requisite and necessary to the adoption of said Budget and the amendments made hereto have been performed as required by charter or statute. SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with the City Secretary, who shall attach a copy of same to the original budget. SECTION 7: 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 8: This Ordinance shall be in effect from and after its passage and approval. nd PASSED AND APPROVED this the 22 day of February, 2021. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: ClarkT. Askins, Assistant City Attorney EXHIBIT A (ADOPTED BUDGET) City of La Porte Consolidated Summary of All Funds FY 20-21FY 20-21 RevenuesExpenses Governmental Fund Types: General Fund$ 54,019,060 $ 60,835,130 Grant Fund 10,240,174 10,555,403 Street Maintenance Sales Tax 3,612,322 3,232,000 Emergency Services District 1,502,322 1,376,338 Hotel/Motel Occupancy Tax 757,500 739,543 Economic Development Corporat 3,024,644 1,774,628 Tax Increment Reinvestment 6,764,085 2,931,532 Total Governmental Types 79,920,107 81,444,574 Enterprise: Utility 8,263,050 8,472,426 Airport 46,750 91,730 La Porte Area Water Authority 2,334,573 2,125,393 Total Enterprise 10,644,373 10,689,549 Internal Service Motor Pool 3,786,517 3,172,859 Insurance Fund 10,327,731 9,867,814 Technology Fund 554,028 691,485 Total Internal Service 14,668,276 13,732,158 Capital Improvement: General 2,992,000 4,171,741 Utility 1,208,750 1,875,000 Sewer Rehabilitation 302,500 350,000 Drainage Improvement Fund 4,095,000 4,205,000 Total Capital Improvement 8,598,250 10,601,741 Debt Service: General 3,430,000 4,363,779 Total Debt Service 3,430,000 4,363,779 Total All Funds 117,261,006 120,831,801 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 20-21FY 20-21 RevenuesExpenses Governmental Fund Types: General Fund$ 54,019,060 $ 62,783,395 Grant Fund 10,240,174 9,001,303 Street Maintenance Sales Tax 3,612,322 3,232,000 Emergency Services District 1,502,322 1,376,338 Hotel/Motel Occupancy Tax 757,500 739,543 Economic Development Corporat 3,024,644 1,774,628 Tax Increment Reinvestment 6,764,085 2,931,532 Total Governmental Types 79,920,107 81,838,739 Enterprise: Utility 8,263,050 8,472,426 Airport 46,750 91,730 La Porte Area Water Authority 2,334,573 2,125,393 Total Enterprise 10,644,373 10,689,549 Internal Service Motor Pool 3,786,517 3,185,541 Insurance Fund 10,327,731 9,867,814 Technology Fund 554,028 691,485 Total Internal Service 14,668,276 13,744,840 Capital Improvement: General 2,992,000 4,171,741 Utility 1,208,750 1,875,000 Sewer Rehabilitation 302,500 350,000 Drainage Improvement Fund 4,095,000 4,205,000 Total Capital Improvement 8,598,250 10,601,741 Debt Service: General 3,430,000 4,363,779 Total Debt Service 3,430,000 4,363,779 Total All Funds 117,261,006 121,238,648 Wolny, Shelley From:Wingate, Lorenzo Sent:Tuesday, February 9, 2021 6:56 AM To:Wolny, Shelley Cc:Epting, Rosalyn Subject: RE: Park Zone Usage for Five Points Pavilion Importance:High DƚƚķƒƚƩƓźƓŭͲ{ŷĻƌƌĻǤ͵ ‘ĻƓĻĻķğƓğķķźƷźƚƓğƌυЊЉБͲЉЉЉŅƩƚƒƷŷĻtğƩƉœƚƓĻŅǒƓķ͵tƌĻğƭĻƌĻƷƒĻƉƓƚǞźŅǤƚǒƓĻĻķğƓǤğķķźƷźƚƓğƌźƓŅƚƩƒğƷźƚƓ͵ MY OFFICE CONTACT NUMBER HAS CHANGED (REF. SIGNATURE BELOW). Lorenzo Wingate, P.E., C.F.M. Assistant Director of Public Works rd Street | La Porte, TX 77571 2963 N 23 p. 281.470.5105 | m.281.628.3931 | f. 281.470.5129 website | map | email CƩƚƒʹ‘źƓŭğƷĻͲ\[ƚƩĻƓǩƚ {ĻƓƷʹǒĻƭķğǤͲ5ĻĭĻƒĬĻƩЋЋͲЋЉЋЉЊЋʹЉЎta ƚʹ‘ƚƌƓǤͲ{ŷĻƌƌĻǤѡ‘ƚƌƓǤ{θƌğƦƚƩƷĻƷǣ͵ŭƚǝѢ {ǒĬƆĻĭƷʹC‘ʹtğƩƉœƚƓĻ ƭğŭĻŅƚƩCźǝĻtƚźƓƷƭtğǝźƌźƚƓ C—L Lorenzo Wingate, P.E., C.F.M. Assistant Director of Public Works rd 2963 N 23 Street | La Porte, TX 77571 p. 281.470.5058 | m. 281.628.3931 | f. 281.470.5129 website | map | email CƩƚƒʹ9ƦƷźƓŭͲwƚƭğƌǤƓ {ĻƓƷʹaƚƓķğǤͲ5ĻĭĻƒĬĻƩЋЊͲЋЉЋЉЋʹЌЎta ƚʹ‘źƓŭğƷĻͲ\[ƚƩĻƓǩƚѡ‘źƓŭğƷĻ\[θƌğƦƚƩƷĻƷǣ͵ŭƚǝѢ /ĭʹağǤƚͲwğǤѡağǤƚθƌğƦƚƩƷĻƷǣ͵ŭƚǝѢ {ǒĬƆĻĭƷʹtğƩƉœƚƓĻ ƭğŭĻŅƚƩCźǝĻtƚźƓƷƭtğǝźƌźƚƓ \[ƚƩĻƓǩƚ .ĻƌƚǞğƩĻƷŷĻǩƚƓĻƭLǞźƌƌĬĻǒƭźƓŭŅƚƩƷŷĻCźǝĻtƚźƓƷƭtƩƚƆĻĭƷ͵5ƚǤƚǒǞğƓƷğƓǤƚƷŷĻƩźƓŅƚƩƒğƷźƚƓƚƓƷŷĻƭĻǩƚƓĻƭͪ œƚƓĻϔЏυБЏͲЊЏЎ œƚƓĻϔВυЊЎЉͲЉЉЉ œƚƓĻϔЊЉυЎЉͲЉЉЉ 1 wƚǩ wƚƭğƌǤƓ9ƦƷźƓŭͲ/tw9Ͳ/ta΋5źƩĻĭƷƚƩƚŅtğƩƉƭεwĻĭƩĻğƷźƚƓ ЊЌЋЋ{.ƩƚğķǞğǤ΋\[ğtƚƩƷĻͲ–ААЎАЊ ΋Ņ͵ЋБЊ͵ЍАЉ͵ЊЌЏЊ Ʀ͵ЋБЊ͵ЍАЉ͵АЋАЎ ΋ ǞĻĬƭźƷĻ΋ƒğƦ΋Ļƒğźƌ 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2020 015 – General CIP Requested By: Ray Mayo, Director Source of Funds: 032 – Park Zone Department: Public Works 015-7070-530-5110 Report Resolution Ordinance 032-7070-530-5110 Account Number: 032-8080-552-8032 Exhibits: Conceptual Design; Bid Tab; Perry 015 - $642,260; Construction’s Letter Amount Budgeted: 032 – $286,165 015 - $642,260 032-$394,165 Amount Requested: Total: $1,036,425 Budgeted Item: YesNo SUMMARYSUMMARYSUMMARY & RECOMMENDATION& RECOMMENDATION& RECOMMENDATION At the September 14, 2020 Council Meeting, City Council rejectAt the September 14, 2020 Council Meeting, City Council rejectAt the September 14, 2020 Council Meeting, City Council rejectededed all bids related to all bids related to Sealed Bid #20010 for the Five Points Plaza Enhancements Project and allowed staff Sealed Bid #20010 for the Five Points Plaza Enhancements Project and allowed staff Sealed Bid #20010 for the Five Points Plaza Enhancements Project and allowed staff COPYCOPYCOPYCOPYCOPYCOPYCOPY to evaluate the project design and bid documents to identify potential cost savings in to evaluate the project design and bid documents to identify potential cost savings in to evaluate the project design and bid documents to identify potential cost savings in order to stay within the budgeted project amount of $642,260. The project bid items were consolidated to clarify the scope of work and building materials and facilities were value engineered in effort to stay within the project budget. Bid #21003 was advertised thnd on October 15 and October 22 in the Bay Area Observer, posted on Public Purchase, the City’s website, and CivCast. Six (6) contractors submitted bids. At the December 14, 2020 Council Meeting, Council awarded Bid #21003 to Texas Specialized Construction Services, LLC for all five bid items. Subsequently, staff began coordinating with Texas Specialized Construction Services, LLC to complete process of preparing a fully executed contract. Since notifying Texas Specialized Construction Services, LLC of award in December, Texas Specialized Construction Services, LLC has not demonstrated the ability to perform within a timely manner by not providing the documents required for contract execution. Texas Specialized Construction Services LLC was notified, in writing, of the City’s intent to terminate the agreement related to bid # 21003. As such, the second lowest bidder, Perry Construction, was contacted to confirm their willingness to honor their bid submitted in response to Bid #21003. Perry Construction has provided written confirmation of their willingness to honor their original bid price of $990,906.00 (ref. attached letter). Awarding to Perry Construction requires an additional $107,481.00 to cover the difference in bid amounts. Staff previously identified an opportunity to complete the entire project scope of constructing an open air pavilion, parking lot, and restroom by utilizing Park Zone funds to supplement the Five Points Plaza Enhancements Project budget. Council previously approved both the award of Bid #20010, for all line items, as well as a budget amendment to utilize $286,165.00 of Park Zone funds to supplement the project budget, reducing the overall available balance of $651,522 down to $365,357. An additional $108,000 would be needed from the Park Zone Fund to fully fund the project, leaving a balance of $257,357 within the Park Zone Fund. Should council choose this option, a budget amendment would need to be made since these Park Zone funds were not budgeted to be used during the Fiscal Year 2021 budget process. The budget amendment has been prepared and included for Council consideration as a separate agenda item. Any Park Zone funds not utilized at the completion of this project would return to the Park Zone fund. Staff is recommending City Councilterminate theaward of Sealed Bid #21003to Texas Specialized Construction Services, LLC, and award Sealed Bid #21003 to Perry Construction, for bid items 1, 2, 3, 4, and 5 in the amount of $990,906.00, with a contingency amount of $45,000 for a total authorization of $1,036,425.00. Benefits: Second lowest bidder has communicated the willingness to honor bid prices. Provides for construction of the entire scope of work, as designed. Considers Considers Considers utilization of Park Zone funds without having to utilization of Park Zone funds without having to utilization of Park Zone funds without having to rere--budget/budget/b udget/re-bid the project project in October 2021in October 2021in October 2021. . . Avoids potential increased construction cost attributable to anticipated Avoids potential increased construction cost attributable to anticipated Avoids potential increased construction cost attributable to anticipated inflation.inflation.inflation. Provides restroom facilities and additional programming/rentaProvides restroom facilities and additional programming/rentaProvides restroom facilities and additional programming/rental space, which l space, which generate revenuegenerate revenuegenerate revenue. . COPY Park Zone fund is expected to replenish as development currently under construction continue to pay park land dedication fee(s). Provides clean and safe restrooms to the visiting public. Liabilities: Low bidder’s failure to respond within a timely manner could continue through construction, causing project completion to be delayed. Bid prices could increase, creating project budget shortfall. Rejecting bids further delays addition of permanent restroomsand other planned enhancements. $365,357 Park Zone fund balance is depleted by $108,000, leaving $257,357 remaining in the Park Zone Fund. ACTION REQUIRED BY CITY COUNCIL Terminate the contract with Texas Specialized Construction Services, LLC for Sealed Bid #21003 for the FivePoints Plaza Enhancements Project, and award Sealed Bid #21003 to Perry Construction for bid items 1, 2, 3, 4, and 5 in the amount of $990,906.00, with a contingency amount of $45,000 for a total authorization of $1,036,425.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date COPY REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 22, 2021 Source of Funds: N/A Requested By: Steve Deardorff, Chief Department: Police Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: 2020 Racial Profiling Report Budgeted Item: Yes No SUMMARY & RECOMMENDATION The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures. The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested. The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. As a result of this analysis, and the listed statistics, it is believed that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin. ACTION REQUIRED BY CITY COUNCIL No action required, the Mayor will note that the City Council has received the 2020 La Porte Police Department Racial Profiling Report as presented by the Chief of Police. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date