The URL can be used to link to this page

Home My WebLink About1986-07-28 Regular Meeting e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 28, 1986 1. The meeting was called to order by Mayor Malone at 6:04 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton Porter, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren Members of Citv Council Absent: None Members of Citv Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager Richard Hare, Director of Community Development John Joerns, Police Chief Charles Smith, Acting Director of Public Works Steve Gillett, Chief Building Officer David Paulissen, Director of Parks and Recreation Stan Sherwood Others Present: Police Officer Gary Chastain and wife, Ada; Stan Self, James Benefits; Kenneth Clarke, La Porte Chemicals Corp.; Tom Marriott, Air Products; Joe Rotella, USI; Walt Stabell, Rohm and Haas; T. M. Clayton, Diamond Shamrock; Ed Belcher, Dow Chemical; Eddie Lee, Soltex Polymer Corp.; Gene Clark, Kirkwood and Darby - Rohm and Haas; Tommy Morrow, Diamond Shamrock; Allen Cannon, Fina Oil & Chemical; Don Stephens, DuPont; Bob McCarty, Dow Chemical; Hugh Landrum; Steve Coffman; Melissa Lestarjette, Bayshore Sun; 4 citizens 2. The invocation was given by Councilperson Waters 3. Council considered approving the minutes of the regular meeting held July 14, 1986. Motion was made by Councilperson Skelton to approve the minutes of the Julv 14 meeting as presented. Second by Councilperson Waters. The motion carried, 7 ayes, 0 nays, 2 abstain. Ayes: Councilpersons Waters, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Abstain: Councilpersons Lloyd and Porter (were not present at July 14 meeting) e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 2 4. Council considered approving the minutes of the workshop and special called meeting held July 21, 1986. Motion was made by Councilperson Waters to approve the minutes of the Julv 21 meeting as presented. Second by Councilperson Westergren. The motion carried, 6 ayes, 0 nays, 3 abstain. Ayes: Councilpersons Waters, Matuszak, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None Abstain: Councilpersons Lloyd, Porter and Gay (were not present at July 21 meeting) 5. Mayor Malone, on behalf of the entire Council, presented a plaque to Police Officer Gary Chastain, for his efforts in saving the life of a child on July 20. 6. Various representatives of the Industrial District addressed Council regarding the proposed new Industrial District Agreements. Their names are listed on page 1 of these minutes. 7. Council considered approving reV1Slons of the administration and consulting contract with James Benefits. Stan Self, representing James Benefits, addressed Council regarding this contract. Motion was made bv Councilperson Matuszak to approve the revisions of the administration and consulting contract with James Benefits. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 8. Council considered adopting an ordinance amending the speed limit ordinance to include a new school zone for Lomax Junior High School. The City Attorney read: ORDINANCE 1466-A - AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, AND 25-24, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 3 OF THE CITY OF LA PORTE' FOR THE FURTHER PURPOSE OF SPECIFICALLY DESIGNATING SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZONES AT TIMES SPECIFIED HEREIN; AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SPECIAL SPEED ZONES CREATED HEREIN IN SAID SPEED ZONES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 1466-A as read bv the Citv Attorney. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 9. Council considered an ordinance setting construction speed zone along SH 146 from SH 225 to north city limits during construction of new ship channel bridge. The City Attorney read: ORDINANCE 1505 - AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF SH 146 WITHIN THE CORPORATE LIMITS OF LA PORTE; AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. Motion was made bv Councilperson Skelton to adopt Ordinance 1505 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 10. Council considered adopting an ordinance providing for legal defense and indemnification of City officers and employees. The City Attorney read: ORDINANCE NO. 1506 - AN ORDINANCE PROVIDING FOR LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 4 Motion was made bv Councilperson Skelton to adopt Ordinance 1506 as read bY the City Attorney. Second by Councilperson Westergren. The motion carried, 8 ayes and 0 nays (Councilperson Gay was away from the Council table). Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 11. Council considered adopting an ordinance updating service credits with Texas Municipal Retirement System. The City Attorney read: ORDINANCE 1507 - AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS Motion was made by Councilperson Westergren to adopt Ordinance 1507 as read by the Citv Attorney. Second by Councilperson Pfeiffer. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: CoU"ncilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Abstain: Councilperson Waters 12. Council considered approving a resolution urging NASA to keep the Space Station Project at the Johnson Space Center. The City Attorney read: RESOLUTION 86-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, URGING NASA TO KEEP THE SPACE STATION PROJECT AT THE JOHNSON SPACE CENTER. Motion was made bv Councilperson Skelton to approve Resolution 86-24 as read bv the City Attorney. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 5 13. Council considered approving the Airport Master Plan. Steve Coffman, Coffman Associates, reviewed the Airport Master Plan for Council. I Motion was made bY Councilperson Matuszak to approve the Airport Master Plan. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 14. Council considered approving Change Order No. 1 for Phase III airport improvements. Councilperson Gay moved to table this item. The motion died for lack of a second. Motion was made by Councilperson Westergren to approve change order no. 1 for phase III airport improvements. Second by Councilperson Lloyd. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: Councilperson Gay 15. Council considered approving a lease amendment with Cliff Hyde Flying Service. Motion was made by Councilperson Lloyd to approve the lease amendment with Cliff HYde FlYing Service. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 16. Council considered approving the City of La Porte Affirmative Action Plan. Motion was made bv Councilperson Llovd to approve the Affirmative Action Plan as written. Second by Councilperson Gay. e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 6 Motion was made bY Councilperson Matuszak to table the Affirmative Action Plan for further study at the first available workshop date. Second by Councilperson Pfeiffer. The motion carried, 7 ayes and 2 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: Councilpersons Lloyd and Gay 17. Council considered awarding a bid to rebuild two hydraulic brush picker units. Motion was made by Councilperson Westergren to award the bid to rebuild two hYdraulic brush Dicker units to Modern Machine and Hvdraulics in the amount of $15,000. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Council took a short break at 8:25 P.M., reconvening at 8:37 P.M. 18. Workshop Items: The City Manager gave a short tax presentation. John Joerns, Director of Community Development, presented a report on the proposed restoration of Sylvan Beach Pavilion. It was requested by Councilperson Matuszak that more information be brought to a workshop on August 18. 19. There was no administrative report. 20. Council Action: Councilpersons Waters, Lloyd, Matuszak, Porter, Pfeiffer, Gay, Skelton and Westergren brought items to Council's attention. 21. There being no further business to come before the Council, the meeting was duly adjourned at 10:05 P.M. e e Minutes, Regular Meeting, La Porte City Council July 28, 1986, Page 7 Respectfully submitted: ~~ Cherie Black, City Secretary Passed & Approved this the 11th day of August, 1986 ~//?~4~ Norman L. Malone, Mayor . e e CITY COUNCIL AGENDA ITEMS TO: CITY MANAGER Jack Owen FROM: Richard Hare, Assistant City Manager DATE: 7/21/86 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: 7/')?,/?,6 2. REPORT; RESOLUTION; x . ORDINANCE 3. PROJECT SUMMARY: Per Council's request for a revised administration and consulting" contract from James Benefits, attached is a proposed contract based on a per employee per month fee basis. The rate increase requested at the 5-9-86 Council meeting is included in this proposal~ 4. ACTION REQUIRED: Council Authorization 5. ALTERNATIVE: Renegotiate Contract 6. RECOMMENDATION: Approve Contract 1 . EXHIBITS: New Contract 8. AVAILABILITY OF FUNDS: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing 9. ACCOUNT NUMBER: FU~DS AVAILABLE: __YES __NO TYPE NAME IN Richard Hare REQUESTED BY: 10. APP OVED FOR CITY COUnCIL AGENDA e-{ {k,~''-- . Owe n MANAGER'S OFFICE . '1- :;UJ:- K b DATE e e ~ '" .James Benefits FRED. S. JAM ES & CO. 350 Glenborough Drive, Suite 100, Houston, Texas 77067-3699 (713) 873-7509 June 18, 1986 Mr. Richard T. Hare Assistant City Manager City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Re: Revised Administration and Consulting Contract Dear Ri chard: I have enclosed a revised Administration and Consulting Contract for Council review. Please note that the fee basis is now on'a per employee per month format. The administration fee as quoted in the Council meeting of June 9 is $7.13. To that is added a consulting fee of $1.63 per employee per month. This consulting fee is the equivalent of 1% of projected paid claims. If this is approved by Council, please have signed and return one of the originals to my attention while retaining the other for your files. Please advise of any questions regarding this contract. Si ncerel y, ...$ ~ ~. -S..9.b Stanley R. Self Account Executive SRS:mf cc: George W. Dreisbach, III Jack Owen kltJo'f5 . . 9a......f4 O"L-v1 &w.~f,13 )1C~ CUo-'dc.-ed ~~J!-ew~~fL.!A,~' r-" -r7} V r4 4(. o.f.-/ .y e '-e I..J -r, /, /J..~~, / 11..f' /7 ~ . /", I J r; - T es "J Ilc'cI / /1 Ci.... / {/!.j(,'1 J/ 4.. --cz- , Ad /?II" he -17 /..3 IC:)'~"r'ef -h ~ .;tS C n~s...l-fi~j;:;~ /. (:..3 re';'tdl/1f ;~,l(1I~ /4' '3 ~Ic../ '~e :& ~~ 7C:. irr'7: 88' ... Consultants, Administrators & Actuaries e e ~ ... ADMINISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND CONSULTING CONTRACT, made and executed the 24 day of .JlJne , 19~, by and between City of La Porte. Texas hereinafter referred to as "Plan Sponsor," and JAMES BENEFITS, a division of Fred. S. James & Co., hereinafteneferred to as the "Contract Administrator and Consultant." RECITALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee Benefit Consul- tants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to provide administrative ser- vices for City nf I a Pnrtp ~mployee Men; ('.:11 FlJnd , hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutuaUy agreed as follows: 1. Services to be Performed. The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit A, attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Exhibit B, attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant, the Contract Adminis- trator and Consultant shall maintain and operate an administrative office for such purposes and pay au normal costs and expenses for such maintenance and operation (except as herein set forth). (b) The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However, the Contract Administrator and Consultant will not provide nor be responsible for the expense and cost of legal counsel, actuaries, consulting physicians or dentists, certified public accountants, investment counselors, in- vestment analysts or similar type services performed for the Plan Sponsor; the Contract Administrator and Consul- tant shall not be authorized to engage such services or incur any expense or cost therefore without the written consent of the Plan Sponsor. In the event that the Contract Administrator and Consultant engages such services at the request of the Plan Sponsor, the Plan Sponsor shall be responsible for such services and the cost and expense thereof. (c) The services to be performed by the Contract Administrator and Consultant shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practices and procedures made or established by the Plan Sponsor. The Contract Administrator and Consultant shall have neither discretionary authority nor discre- tiQnary controls respecting management of the plan's funds; and, shall not have authority to nor exercise any control respecting management or disposition of the assets of such funds; and, shall not render investment advice with respect to any money or other property of such funds; and therefore, shall not be considered a fiduciary of the Plan as defined in the Employee Retirement and Income Security Act of 1974. 2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be per- formed hereunder the following fees: (a) An initial onetime fee of $ - 0 - payable on or before ~I A . (b) A Monthly fee of $ ~pr PITIp10ype (,p-.n- Admin.. $1.63 - Cn"C::1I1 t;"9) ~ 7. rrf? d#t/'"1/gr, G.... 25 &1i.;,117.N~ The monthly fee stated in this agreemcmr'ls 6aS'ed upon a maximu~;~fily expected claims utilization (claims submitted per 100 employees per month) of N/ A . Should claim utilization exceed this figure, the Plan Sponsor shall pay an additional fee of $ N:! A per claim. Actual utilization figures will be reviewed periodically, and mutually agreeable adjustments may be made. The Contract Administrator and Consultant shall provide a statement of the above f,~s and deduct the amount from the Plan account on or before the 10th of each month, based on enrollment the first of the month. If the Plan Sponsor so requests in writing, the Contract Administrator or Consultant shall provide a statement of the above fees to the Plan Sponsor who . shall then make payment to the Contract Administrator and Consultant, on or before the 10th of each month. In the event that insufficient funds are available in the account, or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct or charge for the fees, interest will be charged on the fees due the Contract ACC 7/85 1 ..... e e ...-::: ... Administrator and Consultant at the rate of one and one-half percent (l V2OJo) per month or the maximum rate aUowed by law, whichever is less. 3. Term. The term of this Administration and Consulting Contract shall be for one year, beginning July 1. 19Afi and ending l]un~ 30. 19A7 At the end of the contract year, if neither party requests a change, the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period, providing the Contract Administrator and Consultant has given timely-notice of intent to adjust the fees. The new fees and contract will continue in force for one year from the effective date. Either party shall have the right to terminate or renegotiate the contract after the initial one year period by giving to the other party written notice of such termination or renegotiation of the terms of the contract at least thirty (30) days in advance. In the event timely notice of intent to renegotiate the terms of the contract is given by either party the contract shall continue until such renegotiated terms are agreed to in writing. In the event that such renegetiated terms are not agreed to in writing by both parties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty (30) days notice. The Contract Ad- ministrator and Consultant will have no further responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees during the last two months of the contract, as follows: 100% of the average fees during the first month after termination, 75% the second month, 50% the third month, and 25% thereafter until no further claims are processed, or services required. 4. Records and Files. The Contract Administrator and Consultant shall maintain all records in conjunction with the ad- ministrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Ad- ministrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written request, within a time period mutually agreeable, but not to exceed six months from date of termination, the informa- tion on all claim histories for the past two years. If the claim history is requested, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history, including the cost of programming, computer charges, mailing costs, etc. This information will be provided on a magnetic tape with industry standard labels, and will be in the stan- dard format of the James Benefits database. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. 5. Liabilities and Obligations. The Contract Administrator and Consultant shall have no responsibility, risk, liability or obligation for the funding of the Plan. The responsibility and obligation for funding of the Plan shall reside solely and totally with the Plan Sponsor, entities, and/or participants as provided in the Plan while the Plan is effective and for all extended liabilities or the Plan whether necessary because of Plan termination or because of change to fully or partially insured funding methods. (a) It is further understood and agreed that the Contract Administrator and Consultant shall have neither responsibil- ity nor obligation to take action, legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. In the event that the Plan Sponsor desires to engage the services of the Contract Administrator and Consultant for such purposes, such services shall be engaged and rendered only pursuant to a separate written agreement between the parties. (b) It is further understood and agreed that the Confract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However, the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor re- quests the Contract Administrator and Consultant to do so and provides the information and documents necessary to prepare and maintain s'uch record. (c) The Contract Administrator and Consultant will process and pay benefits in accordance with the plan(s) or policy(ies) adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. When or where an error exists the Contract Ad- ministrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. ACC 7/85 2 .. e e ~ ... 6. Independent Contractor. It is understood and agreed that the Contract Administrator and Consultant is engaged to per- form services under this Agreement as an independent contractor. The Contract Administrator and Consultant shaH use its best efforts to implement such written instructions, if any, as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shaH also include suc- cessors or successor trustees serving from time to time during the term of the Contract. The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant shaH neither assign nor delegate to any person or entity the duties, obligations or responsibilities of this contract without prior written approval from the Plan Sponsor. 9. Indemnificalion. The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfuHy acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence, willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, aHowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. II. Other Applicable Agreemenls. The Following James Benefits' agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Initials Title of Agreement Exhibit A Administrativ~ S~rvices Exhibit B Consulting S~rvicp~ Date AX 7/R5 6/24/R6 . fin4/Rfi 6/24/86 r.X 7/R5 12. Additional Agreemenls. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By Plan Sponsor Date By Contract Administrator and Consultant Date .... ACC 7/85 3 e e P"':::: .... EXHIBIT A ADMINISTRATIVE SERVICES 1. Answer all telephone and mail inquiries from participants regarding benefits provided to them and their dependents. 2. Provide information concerning the plan benefits and eligibility of participants to all providers and participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the claimants for benefits based on eligibility information provided by the Plan Sponsor. 4. Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are usual, reasonable and customary and/or related to diagnostic related groups, preferred provider organization agreements or other industry standards. S. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits through the employee for potential payments from other benefit plans, insurance plans, health maintenance organizations and government sponsored plans. 7. Handle all claims expeditiously. 8. Process, issue and distribute the explanations of benefits and checks or drafts to the participants, hospitals, doctors, Plan Sponsor, or others as applicable, and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, 10 cards, and other supplies designed specifically for the Plan Sponsor. 10. Notify claimants in writing of ineligible claims filed, explaining why a particular claim is ineligible for payment. 11. Provide the foIlowing claims reports: A. Explanation of benefits B. Claim analysis by line of coverage and total C. Claim list by participant D. Coordination of benefits savings E. Incurred claim lag study F. Claims pending reports 0.. Cash transaction register H. Report to IRS regarding payment to health providers 12. Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper administration of the Plan. 14. Provide the Plan Sponsor the plan instruction for reporting its employees' eligibility to the Contract Administrator. AX 7/85 .... e e ~.~ EXHIBIT B CONSULTING SERVICES 1. Counsel, advise and suggest to the Plan Sponsor a specific set of benefits that will accomplish the aims of the Plan. 2. When a specific set of benefits has been agreed upon, the consultant shall market it and negotiate with appropriate in- surance carriers. 3. Prepare a detailed written report concerning the insurance companies that have been considered. This report will detail basically six aspects: A. Plan Provisions B. Service Facilities C. Net Cost D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self-funded plan where applicable. 5. Provide the consulting to determine reasonable contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and contract provisions such as benefit increases and decreases. 7. Apprise the Plan Sponsor of the innovations and developments in the field of health and welfare that would be helpful or of interest. 8. Counsel with the Plan Sponsor concerning the financial future of the Plan to ensure the accumulation of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved that would aid in designing the benefits. 10. Coordinate with legal counsel and others in regards to ERISA requirements and information. 11. Assist in the preparation of a Plan Document outlining all benefits and provisions of the Plan. 12. Assist in preparing the announcement material and Summary Plan Description that are designed to advise the Participants of the benefits available and the eligibility requirements. 13. Assist the Plan Sponsor in obtaining proper enrollment data. 14. Consult and assist in designing the required administrative forms: e.g., enrollment cards, claim forms, explanation of benefits, and drafts. 15. Provide for a review of marginal or questionable claims. 16. After the Plan has been implemented, continue to advise and counsel the Plan Sponsor on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: I if~t Accid~ntal Death a~d Dismemberment. Aggregate Stop Loss. Specific Stop Loss. and oth~r coverages which the Plan Sponsor may designate at a later date. This service includes competitive bidding of various insured plans as requested. ex 7/85 ... e e ~ .... ADMINISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND CONSULTING CONTRACT. made and executed the 24 day of J u n e , 19-8..6....-. by and bet ween City of I ~ Porte) Texas hereinafter referred to as "Plan Sponsor." and JAMES BENEFITS. a division of Fred. S. James & Co., hereinafter referred to as the "Contract Administrator and Consultant." RECITALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee Benefit Consul- tants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to provide administrative ser- vices for City of La Pnrtp Fmplo,ypp Merlical FlJnd . hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutually agreed as follows: I. Services to be Performed. The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit A. attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Exhibit B, attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant. the Contract Adminis- trator and Consultant shall maintain and operate an administrative office for such purposes and pay all normal costs and expenses for such maintenance and operation (except as herein set forth). (b) The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However. the Contract Administrator and Consultant will not provide nor be responsible for the expense and cost of legal counsel. actuaries, consulting physicians or dentists, certified public accountants. investment counselors, in- vestment analysts or similar type services performed for the Plan Sponsor; the Contract Administrator and Consul- tant shall not be authorized to engage such services or incur any expense or cost therefore without the written consent of the Plan Sponsor. In the event that the Contract Administrator and Consultant engages such services at the request of the Plan Sponsor. the Plan Sponsor shall be responsible for such services and the cost and expense thereof. (c) The services to be performed by the Contract Administrator and Consultant shall be ministerial in nature and shall be performed within the framework of policies, interpretations. rules, practices and procedures made or established by the Plan Sponsor. The Contract Administrator and Consultant shall have neither discretionary authority nor discre- tionary controls respecting management of the plan's funds; and, shall not have authority to nor exercise any control respecting management or disposition of the assets of such funds; and, shall not render investment advice with respect to any money or other property of such funds; and therefore. shall not be considered a fiduciary of the Plan as defined in the Employee Retirement and Income Security Act of 1974. 2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be per- formed hereunder the following fees: (a) An initial onetime fee of $ - 0 - payable on or before N/ A (b) A Monthly fee of ~~er employee ~- Admin.! $1 fl3 - ConSlJ1ting} h gg;:>>t'1 In/fI.. (,.J.5!71t "1J~1./~' The monthly fee stated in this ag~rhUt rs'oased upon a maxiift'{arl"ri<'onthly expected claims utilization (claims submitted per 100 employees per month) of N/ A . Should claim utilization exceed this figure, the Plan Sponsor shall pay an additional fee of $ N I A per claim. Actual utilization figures will be reviewed periodically, and mutually agreeable adjustments may be made. The Contract Administrator and Consultant shall provide a statement of the above f,~s and deduct the amount from the Plan account on or before the 10th of each month, based on enrollment the first of the month. If the Plan Sponsor so requests in writing, the Contract Administrator or Consultant shall provide a statement of the above fees to the Plan Sponsor who shall then make payment to the Contract Administrator and Consultant. on or before the 10th of each month. In the event that insufficient funds are available in the account, or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct or charge for the fees. interest will be charged on the fees due the Contract Ace 7/85 1 10- e e p"":::::: III . Administrator and Consultant at the rate of one and one-half percent (I Yz 070) per month or the maximum rate allowed by law, whichever is less. 3. Term. The term of this Administration and Consulting Contract shaH be for one year, beginning July 1. 1986 and ending June 3D. 1987 At the end of the contract year, if neither party requests a change, the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period, providing the Contract Administrator and Consultant has given timely .notice of intent to adjust the fees. The new fees and contract will continue in force for one year from the effective date. Either party shall have the right to terminate or renegotiate the contract after the initial one year period by giving to the other party written notice of such termination or renegotiation of the terms of the contract at least thirty (30) days in advance. In the event timely notice of intent to renegotiate the terms of the contract is given by either party the contract shall continue until such renegotiated terms are agreed to in writing. In the event that such renegetiated terms are not agreed to in writing by both parties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty (30) days notice. The Contract Ad- ministrator and Consultant will have no further responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees during the last two months of the contract, as follows: 100070 of the average fees during the first month after termination, 75070 the second month, 50070 the third month, and 25070 thereafter until no further claims are processed, or services required. 4. Records and Files. The Contract Administrator and Consultant shall maintain all records in conjunction with the ad- ministrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Ad- ministrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written request, within a time period mutually agreeable, but not to exceed six months from date of termination, the informa- tion on all claim histories for the past two years. If the claim history is requested, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history, including the cost of programming, computer charges, mailing costs, etc. This information will be provided on a magnetic tape with industry standard labels, and will be in the stan- dard format of the James Benefits database. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. S. Liabilities and Obligations. The Contract Administrator and Consultant shall have no responsibility, risk, liability or obligation for the funding of the Plan. The responsibility and obligation for funding of the Plan shall reside solely and totally with the Plan Sponsor, entities, and/or participants as provided in the Plan while the Plan is effective and for all extended liabilities or the Plan whether necessary because of Plan termination or because of change to fully or partially insured funding methods. (a) It is further understood and agreed that the Contract Administrator and Consultant shall have neither responsibil- ity nor obligation to take action, legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. In the event that the Plan Sponsor desires to engage the services of the Contract Administrator and Consultant for such purposes, such services shall be engaged and rendered only pursuant to a separate written agreement between the parties. (b) It is further understood and agreed that the Contract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However, the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor re- quests the Contract Administrator and Consultant to do so and provides the information and documents necessary to prepare and maintain such record. (c) The Contract Administrator and Consultant will process and pay benefits in accordance with the plan(s) or policy(ies) adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. When or where an error exists the Contract Ad- ministrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. ACC 7/85 2 .. e e ~ '" 6. Independent Contractor. It is understood and agreed that the Contract Administrator and Consultant is engaged to per- form services under this Agreement as an independent contractor. The Contract Administrator and Consultant shall use its best efforts to implement such written instructions, if any, as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shall also include suc- cessors or successor trustees serving from time to time during the term of the Contract. The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant shall neither assign nor delegate to any person or entity the . duties, obligations or responsibilities of this contract without prior written approval from the Plan Sponsor. 9. Indemnification. The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfully acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence, willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, allowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. I I. Other Applicable Agreements. The Following James Benefits' agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Initials Title of Agreement Fxhibit A Admini~tr~tivp Sprvices Exhibit B Consulting Services Date AX 7/85 ex 7/85 6/24/86 F.1?4/P.F. 6/24/86 12. Additional Agreements. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By Plan Sponsor Date By Contract Administrator and Consultant Date .... ACC 7/85 3 e e ~..... EXHIBIT A ADMINISTRATIVE SERVICES I. Answer all telephone and mail inquiries from participants regarding benefits provided to them and their dependents. 2. Provide information concerning the plan benefits and eligibility of participants to all providers and participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the claimants for benefits based on eligibility information provided by the Plan Sponsor. 4. Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are usual, reasonable and customary and/or related to diagnostic related groups, preferred provider organization agreements or other industry standards. 5. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits through the employee for potential payments from other benefit plans, insurance plans, health maintenance organizations and government sponsored plans. 7. Handle all claims expeditiously. 8. Process, issue and distribute the explanations of benefits and checks or drafts to the participants, hospitals, doctors, Plan Sponsor, or others as applicable, and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, ID cards, and other supplies designed specifically for the Plan Sponsor. 10. Notify claimants in writing of ineligible claims filed, explaining why a particular claim is ineligible for payment. 11. Provide the following claims reports: A. Explanation of benefits B. Claim analysis by line of coverage and total C. Claim list by participant D. Coordination of benefits savings E. Incurred claim lag study F. Claims pending reports G.. Cash transaction register H. Report to IRS regarding payment to health providers 12. Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper administration of the Plan. 14. Provide the Plan Sponsor the plan instruction for reporting its employees' eligibility to the Contract Administrator. AX 7/85 .... e e - ... ...-- - EXHIBIT B CONSULTING SERVICES I. Counsel, advise and suggest to the Plan Sponsor a specific set of benefits that will accomplish the aims of the Plan. 2. When a specific set of benefits has been agreed upon, the consultant shall market it and negotiate with appropriate in- surance carriers. 3. Prepare a detailed written report concerning the insurance companies that have been considered. This report will detail basically six aspects: A. Plan Provisions B. Service Facilities C. Net Cost D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self-funded plan where applicable. 5. Provide the consulting to determine reasonable contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and contract provisions such as benefit increases and decreases. 7. Apprise the Plan Sponsor of the innovations and developments in the field of health and welfare that would be helpful or of interest. 8. Counsel with the Plan Sponsor concerning the financial future of the Plan to ensure the accumulation of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved that would aid in designing the benefits. 10. Coordinate with legal counsel and others in regards to ERISA requirements and information. II. Assist in the preparation of a Plan Document outlining all benefits and provisions of the Plan. 12. Assist in preparing the announcement material and Summary Plan Description that are designed to advise the Participants of the benefits available and the eligibility requirements. 13. Assist the Plan Sponsor in obtaining proper enrollment data. 14. Consult and assist in designing the required administrative forms: e.g., enrollment cards, claim forms, explanation of benefits, and drafts. 15. Provide for a review of marginal or questionable claims. 16. After the Plan has been implemented, continue to advise and counsel the Plan Sponsor on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: Life, Accidental Death an~ Dismemberment, Aggregate Stop loss, Spp~ifi~ Stnp In~~, and nthpr ~nvpr~gp~ whirh thp Pl~n Spnnsnr m~y dp~ign~tp ~t ~ l~t~r dat~ This service includes competitive bidding of various insured plans as requested. ex 7/85 .... e . ~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: SUBJECT: Jack Owen, City Manager DATE: Ste~llett, Acting Public Works Director SCho~;lzone - Lomax Junior High School July 21, 1986 FROM: The construction of Lomax Junior High School is scheduled for completion in the fall of this year. The school is located on North L Street near Underwood Road. In order to post a school zone for the new school, the Speed Limit Ordinance needs to be amended to include this zone. In addition, the approaches to the school zone need to be posted as 35 M.P.H. Because of the close proximity of Lomax Elementary on North L Street, it is proposed to extend the 35 M.P.H. zone from this school zone to the new school zone. If you should have any qeustions, please advise. SG/lw e . ORDINANCE NO. 1466-A' AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, and 25-24, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS OF THE CITY OF LA PORTE: FOR THE FURTHER PURPOSE OF SPECIFICALLY DESIGNATING SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZONES AT TIMES SPECIFIED HEREIN: AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SPECIAL SPEED ZONES CREATED HEREIN IN SAID SPEED ZONES: PRO- VIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS: PROVIDING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETING LAW: AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1: Section 25-23 of the Code of Ordinances of the City of La Porte, Sub-paragraph (d), "Maximum Limtis in School Zones,", is amended, by adding thereto, a Sub-paragraph (x), which shall read as follows: "(x) Along North "L" Street, from a point 175 feet west of Mockingbird Lane, to a point 65 feet east of Meadowlark Lane, a distance of 1,450 feet, .27 miles." Section 2. Section 25-23 of the Code of Ordinances of the City of La Porte, Sub-paragraph (g), "Thirty-five Mile Per Hour Zones", is amended by deleting and repealing the present Sub-paragraph (g) ( 5 ) and by adding to Sub-paragraph (g), a new Sub-paragraph (5), to read as follows, to-wit: "(5) Along North "L" Street from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles. II Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. ORDINANCE NO. 1466-A~age 2 . Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (lO) days after the passage of this ordinance. Section 6. The City Commission officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission 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 requi- red by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 Commission further ratifies, approv- es and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 28th day of July, 1986. CITY OF LA PORTE ATTEST: ~~ City Secretary APPR~~. City Attorney e e PREFACE Ordinance No. 1505 would establish a construction speed zone of 35 M. P. H. along Sta te Highway 146 from Sta te Highway 225 to north City limits during the construction of the new ship channel bridge. The request for the construction zone was made by the State Department of Publ ic Highways and Publ ic Transportation. The zone will automatically be cancelled upon completion of the project. The Administration recommends City Council approve Ordinance No. 1505. e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: SUBJECT: Jack Owen, City Manager Ste~illett, Acting Public con~~'uction Speed Zone SH 146 Ship Channel Bridge DATE: July 21, 1986 FROM: Works Director The State Department of Highways and Public Transportation has requested the City of La Porte to pass a construction speed zone Ordinance to reduce speed along SH 146 from the SH 225 interchange to the North City Limits, to 35 M.P.H. The Ordinance is written to take effect when construction starts, and automatically cancels when construction is complete. All signs necessary will be furnished, erected, and maintained by the Highway Department. If you should have any questions, please advise. SG/lw .... e e " r COMMISSION . STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. O. Box 1386 Houston, Texas 77251-1386 ENGINEER-DIRECTOR MARK G. GOODE ROBERT C. LANIER. CHAIRMAN THOMAS M. DUNNING RA Y STOKER. JR. July 2, 1986 IN REPLY REFER TO FILE NO. Dm Construction Speed ZOne Harris County Control 389-12-52 SH 146 Ship Channel Crossing: Fran sa 225 to lDop 201 Hon. Norman L. Malone Mayor, City of Ia Porte P. o. Box 1115 Ia Porte, Texas 77571 Dear Mayor Malone: We are currently preparing a project along sa 146 in Harris County, with an anticipated November 1986 letting, to construct a new ship channel crossing, and install new pavement aarkings, signing, and illumination. A portion of the work will extend into the corporate limits of Ia Porte as described in the attach- nents to this letter. In the interest of safety, it is desirable to establish a reduced speed zone for posting along sections of the roadway during construction operations. For the portion of roadway wi thin the corporate limits of Ia Porte, we are hereby requesting that the zone be established by Council action at your next regular meeting. Attached are two copies of a sample ordinance containing the recormended zone. This draft is so written that the ordinance is automatically cancelled upon completion of the project. If you concur, please return' a copy of your ordinance for our files and further handling. Very truly yours, li~~ District Maintenance Engineer District No. 12 REJ:rs Attachments 1986 RECE~VED J \ \ l \) 3 1986 ~ - I\IlGR'S OFF~CE err" 1'41 e e ~ '" \ ~ I"; ., r COMMISSION . STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. O. Box 1386 Houston, Texas 77251-1386 ENGINEER-DIRECTOR MARK G. GOODE ROBERT C. LANIER. CHAIRMAN THOMAS M. DUNNING RA Y STOKER. JR. July 2, 1986 IN REPLY REFER TO FILE NO. ~ Construction Speed Zone Harris County Control 389-12-52 SH 146 Ship Channel Crossing: From SH 225 to IDop 201 Hen. Norman L. Malone Mayor, City of Ia. Porte P. o. Box 1115 Ia. Porte, Texas 77571 Dear Mayor Malone: We are currently preparing a project along SH 146 in Harris County, with an anticipated November 1986 letting, to construct a new ship channel crossing, and install new paverrent markings, signing, and illumination. A portion of the ~rk will extend into the corporate limits of Ia. Porte as described in the attach- nents to this letter. In . the interest of safety, it is desirable to establish a reduced speed zone for posting along sections of the roadway during construction operations. For the portion of roadway wi thin the corporate limits of Ia. Porte, we are hereby requesting that the zone be established by Council action at your next regular neeting. Attached are two copies of a sanple ordinance containing the reconmanded zone. This draft is so written that the ordinance is automatically cancelled upon conpletion of the project. If you concur, please return a copy of your ordinance for our files and further handling. Very truly yours, {(~~ District Maintenance Engineer . District No. 12 ...... -. REJ:rs Attachments IK:tll:~\ 1986 , ~,. c~,,'a\' --...-. "'''-=; \;' ",-!- . -'~ '-::. .......,; - - . --- ),'1 '-, ~;."\ . I ! \ t. ,) . -' _ oJ to- ....--- _..------~-,""(- .-.-....- ..' .... I ";,~-~IV~ ..... I 'I .~\..,;:.:l..1 v ,...., e ORDINANCE NO. 1505 e AN ORDINANCE ESTABLISHING SPEED LIMITS DURING PORTION OF SH 146 WITHIN THE CORPORATE LIMITS PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. CONSTRUCTION ON A OF LA PORTE: AND WHEREAS, the State Department of Highways and Public Transporta- tion has made it known to the City of La Porte that operations will begin in the near future to construct a new ship channel crossing, and install new pavement markings, signing, and illumination along SH 146, and: WHEREAS, in the interest of safety, it is desirable to maintain a construction speed zone during the construction period. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That a construction speed zone be established along the SH 146 as follows: Along SH 146 from SH 225 interchange to La Porte north city limit, a distance of approximately 0.826 mile, 35. MPH to be effec- tive when so signed within said zone. Section 2. Necessary signs for posting the speed zones will be furnished, installed, and maintained by the direction of the State Department of Highways and Public Transportation engineer in charge of the project. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punis- hed by a fine not to exceed Two Hundred Dollars ($200.00). Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary .shall give notice of the passage of this ordinance by causing the caption hereof ... e e ORDINANCE NO. 1505 , Page 2 to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. section 6. The City Commission officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission 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, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as requir- ed by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such writ- ten notice and the contents and posting thereof. PASSED AND APPROVED this the 28th day of July, 1986. CITY OF LA PORTE By: Norman Malone, Mayor ATTEST: City Secretary APPROVED: .~ C~ty Attorney ... e e P~EFACE Ordinance 1506 provides for legal defense and indemnification of City officers and employees who are liable for the payments of any claims or damages arising out of the course and scope of employ- ment provided that the acts and omissions resulting in liability were done in good faith and without malicious or felonious intent. The Administration recommends City Council approve Ordinance No. 1506. e e ORDINANCE NO. 1506 AN ORDINANCE PROVIDING FOR LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES: CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS: AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Legal defense and indemnification of city officers and employees. (a) Definitions. For purposes of this section the term "officer" shall include any elected or appointed official of the city, and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages, excluding punitive damages, arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment II shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section: provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits, the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnifi- cation hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not ~ e e Ordinance No. 1506 , Page 2 be liable for any settlement of any such claim or suit effected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c) Representation in Actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (d) City's Defense. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city secretary has been given written notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. po tit e Ordinance No. 1506 , Page 3 (f) Disciplinary Actions. Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. (g) Suits in Behalf of the City. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or any part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof may be declared invalid. Section 3. The City Council officially finds, determines, re- cites 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 requi- red by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: 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, approv- ~ Ordinance No. 1506 e , Page 4 e es and confirms such written notice and the contents and posting thereof. Section 4. This ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 28th day of July, 1986. ATTEST: City Secretary APPROVED: f3~ eJ~ City Attorney .... CITY OF LA PORTE By: Norman Malone, Mayor e . PREFACE Ord inance No. 1507 prov ides for the annual update serv ice c red it and annu i ty inc reases for the City of La Porte TMRS. These options would increase the City's contribution rate from 6.86% to 7.05%. The Administration recommends City Council approve Ordinance No. 1507. It e P":::: ~ TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35. POST OFFICE BOX 2225 AUSTIN, TEXAS 7B76B AC 512/476-7577 July 14, 1986 Mr. Doug De La Morena Director of Personnel City of La Porte P. O. Box 1115 La Porte, Texas 77571-1115 Dear Doug: The Updated Service Credit and Annuity Increases study for the City of La Porte has been completed. Enclosed you will find the specifications used in computing the retirement and annuity increase estimates and in calculating the City's contribution rate under the proposed plans of Updated Service Credit and Annuity Increases. Also, we have enclosed benefit estimates for both active employees and retirees under the various proposed plans. In looking at the various proposed plans, you will note that under Plan. 1, the City can adopt 100% Updated Service Credit, including the Updated Service Credit for 11 transfer member(s) with un forfeited credit in other TMRS member cities. In addition, the City could adopt Plan A under Annuity Increases, which would grant each retiree an increase equal to 70% of the change in the Consumer Price Index, less previously granted increases. If the benefits of Plan 1 (Updated Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1987 contribution rate will be 7.05%. In looking at the Cityls rate to adopt these increases, you will note that the 1987 rate is only slightly more than the 1986 rate the City is currently paying. The primary reason for this slight increase is due to the fact that the City will have a new 25 year amortization period in which to amortize the addi tional cost. For an individual contemplating retirement in 1986, the deferment of retirement until 1987 should be considered, since in most cases the adoption of Updated Service Credit will significantly improve retirement benefits. In any case, employees should compare retirement benefits under the Cityls present' plan with the estimated benefits shown on the attached listing before finalizing their retirement decision. . The TMRS Act allows member cities of TMRS to adopt Updated Service Credit and Annuity Increases on an annual basis and we have had a great deal of interest from member cities in these benefits. Should you have any questions concerning the study or the retirement estimates, please feel free to call us for an explanation. We look forward to working with you in providing increased retirement benefits for your employees and retirees. Sincerely, GWA/pjh Enclosures na~ ... - - ~ L UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY ------------------------------------------------- CITY OF LA PORTE . . EFFECTIVE DATE JANUARY 1 1987 I UPDATED SERVICE CREDITS PROPOSED PLANS --------------------------------------------- --------- ---- PRESENT PLAN 1 2 3 4 5 ------------ ------- ------- ------- ---- - ------- 1 DEPOSIT RATE 7.00% 7.00% MATCHING RATIO 2.0/1 2.0/1 VESTING 10 YRS 10 YRS UPDATED SERVICE CREDIT 100(86) 100% CONTRJBUTIqN RATES 1986 1987 1987 1987 1987 1987 1987 ------------------ ----- ----- ----- ----- ----- ----- ----- NORMAL COST 5.33 5.44 5.44 PRIOR SERVICE 1.22 1.15 1.20 SPECIAL ADDITION* -- -- 0.09 ----- ----- ----- ----- ----- ----- ----- RETIREMENT 6.55 6.59 6.73 SUPPLEMENTAL DEATH(A&R) 0.28 0.28 0.28 SUPPLEMENTAL DISABILITY 0.03 . 0.02 0.02 ----- ----- ----- ------ ------ ----- ----- TOTAL RATE (%) 6.86 6.89 7.03 UNFUNDED ACCRUED LIABILITY($ 1674391 1954706 AMORTIZATION PERIOD IN YEARS 24 25 25 25 25 25 II ANNUITY INCREASES PROPOSED PI.ANS --------------------------------------------------------------- A B C D E ------- ------- ------- ------- ------- PERCENTAGE OF CONSUMER PRICE INDEX (CPI-U) 70 60 ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE (%) 0.02 0.01 ADDITION TO THE UNFUNDED ACCRUED LIABILITY ($) 23370 12600 TO DETERMINE THE CITY'S CONTRIBUTION RATE UNDER VARIOUS COMBINATIONS OF UPDATED SERVICE CREDITS AND ANNUITY &NCREASES -- AnD THE TOTAL RATE (%) UNDER THE APPROPRIATE UPDATED SERVICE CREDIT PLAN TO THE PERCENTAGE RATE SHOWN UNDER THE ARIOUS ANNUITY INCREASE PLANS. *ADDITION TO PRIOR SERVICE CONTRIBUTION RATE FOR SPECIAL'UPDATED SERVICE CREDITS FOR TRANSFERS THERE WERE 11 El.IGIBLE TRANSFER EMPLOYEES FOR THE CITY ON THE STUDY DATE e e ~ "t . . ". TMRS UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY EXPLANA TION OF PLANS The primary purpose of Updated Service Credits (USC) and annuity increases' is to allow retirement plans in the Texas Municipal Retirement System (TMRS) to be more responsive to inflation. The TMRS Act provides a member city with the opportunity to adopt USC and to increase benefits to annuitants as often as every year; therefore, a member city can provide regular protection against inflation in its retirement plan for both employees and annuitants. The result of a cityls adopting 100% USC is that the benefit credit that each member employee has accrued for all service rendered to the city before the "study date" (one year prior to the effective date) is calculated as if (0 the memberls salary had always been equal to the average monthly compensation paid to the member by the City during the three years preceding the "study date," (2) deposits had always been made on that assumed salary at the deposit rate in effect on the effective date of the adoption of USC and (3) the city had always had the matching ratio in effect on the effective date of the adoption of USC. In other words, a memberls benefit credit is calculated on the basis of the higher wages the member has recently received instead of on his actual career wages*, and in some instances, on a higher deposit rate and a higher matching ratio than were actually in effect in the past. If the city adopts USC of less than 100% - any multiple of 10% is allowable - the benefit credit for a member will be less. USC plans have been developed for your city based on the following procedures: 1. The first plan is based on the employee deposit rate and the city matching ratio in effect on January 1, 1986, and maximizes benefit credits for the employees. 2. If the city has a city matching ratio other than 2 to 1 or an employee deposit rate other than 7%, then one or more additional plans are shown with a higher city matching ratio or a higher employee deposit rate. 3) If your city requested specific plans (for example, plans including the adoption of the Optional Benefits Package), then those plans are shown. A city can also adopt special USC for eligible transfer employees. If the city adopts this optional feature, the USC will be calculated as if all credited service of the employee in TMRS had been performed with the current employer. An eligible transfer employee is an employee with at least three years of service with the city who has oth,er credited service in TMRS because of previous employment in one or more other cities that participate in TMRS. The adoption of this feature would provide such an employee total credits in TMRS equal to what they would have been if all of the member's credited service had been with the present employer. * In additio,n, a member's actual deposits to TMRS, at some time in the past, may have been based on less than his full salary because of a maximum salary on which deposits could be made. The adoption of USC not only replaces career wages with recent wages but also compensates for any deposits made on less than full salary. .... e e P"'::: .... ~ ., The special USC for transfers may be adopted along with the adoption of regular use but may not be adopted by itself. The increase in the prior service contribution rate for the special USC is shown separately in case the city decides not to adopt the special USC. Similar in nature to the regular USC, a special USC will not change (except for 5% interest accumulation) until the city again adopts the special USC feature; so it should be. considered a companion of the regular USC adoption. A city can adopt increases in the annuities for retired employees or their beneficiaries which are related to changes in the Consumer Price Index for all Urban Consumers (CPI-U) published by the Bureau of Labor Statistics. The adoption of such increases does not set in motion a series of automatic annual increases that are tied to future changes in the CPI-U. Rather the increases are related to changes in the CPI-U during the period from December just preceding the effective date of retirement to December 1985. In addition, each time the city wants to put increases into effect, it must pass an ordinance. The city specifies a percentage of the change in the CPI-U, which may be at least 10%, not greater than 70%, and may be any multiple of 5%. In selecting the percentage, the city should consider not only the cost of the increases but also the amounts of increase that would be provided to each of the annuitants. The amount of increase with any selected percentage of the CPI-U will vary for each annuitant, depending upon the date of retirement, the original amount of the annuity, and the amount of any previous increases in the annuity. It should be pointed out that it is the original annuity which is increased. Previously granted increases, including those level percentage increases (not to exceed 5090) which may have been adopted from 1976 through 1981, are recognized on an individual basis in determining the amount of increase that a new adoption of annuity increases will provide. For example, suppose a retiree originally received $100 per month. Since retirement the CPI-U has increased 150%. Granting 70% of 150% would result in an increase of $105 00% x 150% X $100). However, if the city had previously adopted a 50% increase in 1978 resulting in an increase of $50, then his current annuity would be $150. The calculated $105 increase would be reduced by that previous $50 increase so that the new increase would be $55, and the new total annuity would be $205. . Increases in annuities may not be adopted unless the city simultaneously adopts USC. Since USC can be adopted as often as annually, increases in annuities can also be adopted annually. The actuarial liability for the increases in annuities would be an addition to the unfunded accrued liability for the cityls retirement plan and would be amortized over the 25-year funding period associated with the adoption of USC. The actuarial cost of funding the increases in annuities is shown, therefore, as a contribution rate which would be added to the prior service contribution rate of the USC plan which the city dec;:ides to adopt. The best way to provide continuing protection against inflation for both employees and annuitants is to adopt USC and annuity increases on a regular basis, for example, every year. Yearly adoption not only will provide the best protection for benefits against inflation but also will result in more stable retirement contribution rates over the years. The longer a city waits between adoptions of USC and annuity increases, the more ground there is to make up against inflation and the more its contribution rate will have to be increased. ... It e ~ !It TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35, POST OFFICE BOX 2225 AUSTIN. TEXAS 78768 AC 512/476-7577 July 22, 1986 Mr. Doug de la Morena Director of Personnel City of La Porte 604 West Fairmont Pkwy La Porte, Texas 77571 Dear Doug: In accordance with your request, I am enclosing a model ordinance providing for the adoption of 100% Updated Service Credits including Updated Service for transfer members with service in other member cities, and grants your retirees an increase equal to 70% of the change in the Consumer Price Index, less previously granted increases. This ordinance corresponds to Plan 1 on the Updated Service Credit/Annuity Increase Study. Once this ordinance has been adopted, we will appreciate receiving a copy for our records. We appreciate so much your interest and continued support of TMRS. If we can provide any additional information, please do not hesitate to call on us. Sincerely, ~1f ~~'h- Gary vi. Anderson Assistant Director G W A/lc . .- Enclosure ... . . - ",. ....-- TMRS-C-T ~Rev. 6-83) ORDINANCE NO. 1507 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTL Y ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1987, by reason of service in the employment of the City of La Porte, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (e) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit; prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 63.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1986, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (e) In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. .... e e P"':::: .., , Updated Service Credit with Transfers Ordinance (continued) Ord. No. 1507, Page 2. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Title 1l0B, Revised Civil Statutes of Texas, 1925, as amended, the City of La Porte hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by'the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amoun~ of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1987. Passed and approved this the day of , 19 ATTEST: APPROVED: City Secretary or Clerk Mayor ... e . PREFACE Resolution No. 86-24 urges NASA to keep the space station project at the Johnson Space Center. The projected space station will create as many as 1,900 to 3,000 additional jobs in the La Porte area. The Administration recommends City Council approve Resolution No. 86.24. e e RESOLUTION NO. 86-24 A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF LA PORTE, URGING NASA TO KEEP THE SPACE STATION PROJECT AT THE JOHNSON SPACE CENTER. WHEREAS, the location of the Johnson Space Center near La Porte, has contributed greatly to the economic well-being of the City of La Porte, and the entire Houston area, and WHEREAS, the projected space station project at the Johnson Space Center would create as many as 1,900 to 3,000 additional jobs in the La Porte area: and WHEREAS, the Johnson Space Center faces the possible loss of up to 1,900 potential jobs to the Marshall Space Flight Center in Alabama, if a proposed space station program reorganization goes through: and WHEREAS. the proposed re8ation and loss of jobs at the Johnson Space Center would be very damaging to the local economy, at a time of severe economic difficulties in the Houston and Texas economies: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City Council of the City of La Porte urges NASA to reconsider any reorganization plan which would have the effect of transferring jobs from the Johnson Space Center to the Marshall Space Flight Center in Alabama, and that the space station program be in all things retained at the Johnson Space Center, as orig~nally planned. The City Secretary is directed to furnish copies of this Resolution to officials of NASA, and members of Congress, as well as the President and Vice President of the United States. .... e e Resolution No. 86-24, Page 2 PASSED, and APPROVED this the 28th day of July, 1986. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: City Secretary APPR~ ~ ~ City Attorney ~ . e PREFACE City Council is asked to consider the Airport Master Plan as presented by Coffman Associates. The Master Plan has been approved by FAA. The Administration recommends City Council approve the Master Plan. e e PREFACE City Counc il is asked to cons ider Change Order 1/1 for Phase III Airport Improvements in the amount of $12,817.00. Change Order No.1 includes stripping the area, filling and compacting with select backfill and seeding. With 90% federal funding the City's share would be $1,281.70. The Administration recommends City Council approve Change Order No. 1 and authorize the City Manager to execute. e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: Stev~tt, Acting Public Works Director Chan~ prder No. I Phase III Airport Improvements July 21, 1986 FROM: SUBJECT: Construction of Phase III Airport Improvements is presently underway. Included is the construction of three (3) T-hangar sites with associated taxiway, access road and auto parking. Paving of the actual foundation for the T-hangars is ineligible for Federal funding, and wa$ removed from the project in the actual award of bids because of costs. The FAA has indicated that, although paving these areas is ineligible, placing embankment to facilitate drainage in these areas is eligible. Change Order No. I includes stripping the area, filling and:compacting with select backfill, and seeding, at unit prices bid in the original bid. Total cost is $12,817.00. With 90% Federal funding, the Federal share would be $11,535.30, and the Cityls share would be $1;281.70. I recommend that the City Council authorize the City Manager to execute Change Order No. I in the amount of $12,817.00. If you should have any questions, please advise. SG/lw e e TurnerCollie0Braden lnc. ALAN R. lEFTS PROIECT DIRECTOR PO BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAV 713 780-4100 TELEX 774185 TeB I-IOU July 17, 1986 City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attention: Mr. Steve Gillett Acting Director of Public Works Re: Change Order No. 1 Contractor: Brown & Root, U.S.A., Inc. Contract Date: April 21, 1986; Amended May 21, 1986 Contract Amount: $902,835.10 TC&B Job No. 26-00031-020, Contract No.2 Airfield Improvements for City of La Porte Municipal Airport AlP No. 3-48-0127-03/04 85 Gentlemen: In accordance with your written direction of July 2, 1986, and per your acceptance of Brown and Rootls letter proposal of May 30, 1986 (copies of which are attached hereto), preparation of this Change Order is for the purpose of adding additional quantities to existing proposal items under Alternate Bid No.2. The additional quantities, as described below, are to accommodate extra work associated with the T-Hangar Area. Alternate Bid No. 2 Item 1 - Unclassified Excavation, Complete. Add three hundred twenty six (326.0) cubic yards of unclassified excavation to the existing contract quantity of two thousand five hundred (2,500.0) cubic yards for a total revised contract quantity of two thousand eight hundred and twenty six (2,826.0) cubic yards. The additional quantities will result in an increase to the contract amount as follows: 326 C.Y. @ $5.00 per C.Y. = $1,630.00 Item 3 - Embankment in Place, Compl~te. Add one thousand three hundred and sixty (1,360.0) cubic yards of embankment to the existing contract quantity of one hundred and twenty (120.0) cubic yards for a revised contract quantity of one thousand four hundred and eighty (1,480.0) cubic yards. The addi- tional quantities will result in an increase to the contract amount as follows: CON~I It nlttJr'.. r.:~r:IIttrJr:r.DC: _ TrVar .... .. I......... _. e TurnerColliel6Braden Inc. July 17, 1986 Mr. Steve Gillett City of La Porte Page Two e 1,360.0 C.Y. @ $7.95 per C.Y. = $10,812.0 Line Item 18 - Seeding, Complete in Place Add one (1.0) acre to the existing contract quantity of three (3) acres for a revised contract quantity of four (4.0) acres. The additional quantity will result in an increase to the total contract amount as follows: 1 Acre @ $375.00 per Acre = $375.00 Summary of items Change Order No.1: Total Value of Additions: Total Value of Deletions: Net Change in Contract Price: $12,817.00 (0) $12,817.00 Approval of Change Order No. 1 will result in a contract price in- crease of twelve thousand eight hundred seventeen dollars and no cents ($12,817.00) resulting in a revised contract amount of nine hundred fifteen thousand six hundred fifty two dollars and ten cents ($915,652.10) as summarized below: Base Bid Amount *Alternate Bid No. 1 *A1ternate Bid No. 2 Total Contract Amount Change Order No. 1 Revised Contract Amount Percent Change $433,582.80 245,806.90 223,445.40 $902,835.10 12,817.00 $915,652.10 0.01% *Added to Contract by Supplemental Agreement dated May 21, 1986 e e TurnerColliet6Braden Inc. July 17, 1986 Mr. Steve Gillett City of La Porte Page Three There will be no change in the contract time or any other part of the Contract Documents, Technical Specifications or Construction Plans as a result of Change Order No. 1 and work affected thereby is subject to all contract stipulations and covenants. Submitted for Alan R. Project ARJ/BAB/dr Attachments Accepted: Approved: U.S.A., INC. CITY OF LA PORTE By: .p tIe: VICE PRESIDENT B1WiWAY/I'AVll"i~ uEPT. Date: 9.1.f j /"., /9 It, By: Title: Date: Approved: FEDERAL AVIATION ADMINISTRATION By: Title: Date: e e PREFACE Council is asked to consider approval of the lease amendment with Cliff Hyde Flying Service. The amendment removes that portion of the lease necessary for construction of the proposed tie-down apron. It also reduces the yearly payment of Cliff Hyde Flying Service in proportion to the area removed from the lease and gives Cliff Hyde Flying Service the first right of refusal in leasing the new tie-down area. The lease amendment is necessary to receive federal funding for the tie-down apron. The Administration recommends approval of the Lease Amendment. e e ~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager St~illett, Acting Public Leas!' Amendment - Cliff Hyde DATE: July 21, 1986 FROM: Works Director SUBJECT: Flying Service The City of La Porte is currently constructing Phase III improvements at the La Porte Municipal Airport. Included is the construction of a paved aircraft apron on the southeast portion of the Airport. A portion of this apron extends on the lease held by Cliff Hyde Flying Service, Inc. As Federal Funds can not be used on leased property, the City has negotiated a lease amendment with Cliff Hyde Flying Services, Inc. The lease amendment removes that portion of the lease that is necessary for construction of the proposed tie-down apron. It also reduces the yearly lease payment of Cliff Hyde Flying Service in proportion to the area removed from the lease, and gives Cliff Hyde Flying Service first right of refusal on leasing the new tie-down area. The lease amendment is necessary to receive federal funding for the tie-down apron. I recommend the City approve the proposed lease amendment with Cliff Hyde Flying Service. If you should have any questions, please advise. SG/lw e e ~ THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ AMENDMENT TO LEASE THIS AGREEMENT, entered into by and between the City of La Porte, Harris County, Texas, hereinafter called "City" and Cliff Hyde Flying Service, Inc., a Texas business corporation, hereinafter called "Lessee": I. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree to the amendment of an Agreement of Lease between the parties dated July 6, 1956, as amended November 4, 1963. Except as amended hereby, said Lease Agreement, as amended, shall remain in full force and effect until July 6, 1997. II. Lessee hereby releases and quitclaims to City, for use by City in constructing a tie-down area for aircraft, that certain 0.2506 acre tract of land, more particularily described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes. In consideration of such release and quitclaim, City agrees that Lessee's annual rental, due and payable on July 6, 1986, and on the same day of each calendar year thereafter, for the balance of the term of the lease, shall be abated and reduced by the sum of $109.16 each year. As further consideration for such release and quitclaim, City grants and gives to Lessee, an option, in the form of a right of first refusal upon thirty (30) days written notice from City to e e """ Lessee, whereby Lessee may lease from City, on terms and conditions equally favorable to each party, as those contained in an Agreement of Lease by and between the City of La Porte and Bayport Aviation, Inc., the easternmost 24 aircraft tie-down areas contained in the Phase II construction of the new "Designated Use Area of the City of La Porte Municipal Airport", upon equal terms and conditions contained in said lease between the City of La Porte and Bayport Aviation, Inc. Without limiting the generality of the foregoing, Lessee hereunder shall pay to City, as additional rent, a sum equal to 30% of the gross revenues obtained from rental of tie-downs spaces, upon exer- cise of such option by Lessee, provided, however, Lessee shall guaran- tee the City a yearly rental of not less than $144.00, multiplied by the number of tie-downs leased. Rental for the tie-down area should be paid monthly, in a sum equal to 1/12 of the annual rental due, in advance, on the first day of each and every month. City reserves the right to rent such tie-down areas direct to the public, if not leased by Lessee hereunder, or if not leased by another fixed base operator at the City of La Porte Airport, from City. City will give Lessee hereunder thirty (30) days written notice of any offer by any other party at the City of La Porte Municipal Airport, to rent any of such 24 tie-down areas, in which case Lessee hereunder may either accept the option to lease all, or a part, of such tie-down areas then being offered for lease, by giving written notice to the City of its desire to do so, or, in the absence of such written notice, or upon Lessee's refusal to lease such tie-down areas, City shall be free to lease same to another fixed base operator at the City of La Porte Municipal Airport, or to continue to operate the same by City. In the event Lessee accepts and exercises its option hereunder, the term of the lease for such tie-down area shall extend for the full remaining term of the primary lease hereunder. e e ~... III. Except as expressly amended hereby, the basic lease is amended heretofore between the parties, shall remain in full force and effect. WITNESS OUR HANDS, this the day of July, 1986. CITY OF LA PORTE Mayor ATTEST: City Secretary CLIFF HYDE FLYING SERVICE, INC. President ATTEST: Secretary e e .... HETES AND BOL'XDS DESCRIPTlOK 0.2506 ACRE T~~CT OUT OF CLIFF HYDE FLYING SERVICE. INC. LEASE TRACT LA PORTE MUNICIPAL AIRPORT Being a 0.2506 acre tract of land out of that certain tract of land leas~d to Cliff Hyde Flying Service, Inc., by the City of La Porte according to resolution 27-64 as sho\~ in the City of La Porte minutes of March 23, 1964. The Cliff Hyde Flying Service, Inc., lease being out of a three-hundred (300) acre tract of land in the W. M. Jones Survey, A-482, Harris County, Texas. Commencing at the Southwest corner of the Cliff Hyde Flying Service, Inc., lease tract; which is coincident with the North right-of-way line of West Main Street (Spencer Highway). Thence, in a Northerly direction a distance of approximately three-hundred ninety-five (395) feet to a point which is two-hundred (200) feet South of the South line of the old East-West run~ay. Thence, in an Easterly direction along an imaginary line parallel to, and two- hundred (200) feet from the South line of said old East-West runway, to a point where said imaginary line intersects with an imaginary line running in a Southeast- Northwesterly direction. three-hundred (300) feet from, and parallel to the center line of the Northwest-Southeast runway; at which point a 5/8 inch iron rod was found for corner. Thence, N 800 01' 48" W; coincident with the Northerly boundary line of the Cliff Hyde Flying Service, Inc., lease line parallel to and two-hundred (200) feet South of the South line of said old East-West runway a distance of 81.80 feet to the Point of Beginning. Thence, S 3r 39' 30" W; a distance of 107.03 feet to a point for corner. Thence, N 520 20' 30" W; parallel to and four-hundred forty five (445) feet ~outh of the existing Northwest-Southeast runway; a distance of 203.97 feet to a point for corner in the North boundary line of the present Cliff Hyde Flying Service, Inc., lease tract. Thence, S 800 011 48" E; coincident with the present Cliff Hyde Flying Service, Inc., North lease line; parallel to and two~hundred (200) feet South of the South_ line of the old East-West runway; a distance of 230.34 feet to the POINt OF BEGINNING. BEARING SHOWN ARE RELATIVE TO PLANS BY TURNER COLLIE AND BRADEN JOB NO. 26- 00031-020 DATED DECEMBER, 1985. JAMES TEXAS PUBLIC SURVEYOR NO. 2021 DATE: JUNE 30, 1986 JOB NO. 2020-86 ~. ., "\ ~ 0 F i';:-:-.. .' "~..*"""'.'~';' :;', C?... ,---=,. -..:: ,....1.\ *.- /',. ". .,,, . -. '. Jt:......,.,...............I.~ ~ JAI.1ES F. BEeli ,'. "\.,,,........................ - .. J.." 2021 ..~ " .i ~.. "Loe .''';) .',.:.'; " v-......", Isr"';':v.' \,'';.' ., V'I..... """ .'..... .:1 .. 'C........ "', ....' ., S U ':l'~ ~"".- '~uu~~ -~,. 4-- AIRPORT MUNICIPAL l- e:( ...J 0.. A e v ~ ~ { ~ ~ ~ , ~ ~ :. ~ .... ~ " -e GORNER SOUTHEAST AIRPORT .... ,. ... " " - STREET ./.~. r! ,~ O' tfJ .; .,0 .r ",,' " 0.2506 ACRES 'rU~1 U... 1,Q IJl r ,..,/ ~j1. ,.~. MAIN WEST CITY OF LA PORTE e AFFIRMATIVE ACTION PLAN e I. INTRODUCTION The purpose of this plan is to provide the citizens of the City of La Porte with the best possible government and governmental services, by providing an equitable method for recruitment, selection, and promotion of those persons qualified to render such services. Employment and promotional opportuni ties shall be based on ability, continued improvement, and dedication. Only merit factors shall be used in determining those people best qualified for such employment and promotion. II. STATEMENT OF POLICY AND SCOPE Affirmative action shall be taken to ensure equal employment opportunities for all employees and prospective employees engaged in or to be engaged in City services. Discrimination against any individual in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of human resources administration because of political or religious oplnlons and affiliations, membership or non-membership in employee organizations, or because of race, color, national orlgln, marital status sex, or other sex non-merit factors is prohibited. The purpose of this plan is to ensure an appropriate working environment for all employees and prospective employees. Sexual harrassment of any employee or prospect i ve employee incl ud ing disc r imina t ion in any of the areas of human resources administration as a result of sexual harrassment, is prohibited. This Affirmative Action Plan applies to the entire City organ iza t ion incl ud ing the City Counc il and City Manager's Office. I. e e III. SPECIFIC OBJECTIVES AND GOALS A. The projection of employment goals and timetables for implementation is made with full cognizance that some departments will have greater opportunity and flexibility to meet their respective goals through at t r it ion and new pos it ions. The measure of each department's goal attainment in each job category will be evaluated by the City Manager's Office in terms of the opportunities for hiring, promotion, etc. . . presented to each department head (and supervisory personnel) and the definitive affirmative action efforts undertaken within a specific time frame. B. The immediate objective of the City of La Porte is to ensure that no under utilization of minorities, females or handicapped persons exist in any area of the employment process, including recruitment, hiring, promotion, training, etc.. C. A semiannual review of the Plan shall be made by City Staff, following which, a report describing the current plan and recommendations for improvements shall be made to City Council. D. The three year goal s of the City of La Porte are: ,) to achieve a ratio of male-female and minori ty representation in each job category equal to or greater than their availability in the La Porte community as indicated by the most current census and 2) to achieve a composition of handicapped employees in the City workforce. These goal s will be accompl i shed with in three (3) yea r s of adopt ion of this Affirmative Action Plan. :2 e e E. Immed iate-range obj ect i ves are those spec ific tasks that can reasonably be expected to be accomplished within twelve (12) months of adoption of this Plan. These include, but are not limited to, the following: 1. Study by the Human Resources Division to ensure that all positions are properly categorized (e.g., Officials/Administrators, Professionals, etc.). This study should be completed within six (6) months after implementation of this Plan. 2. Identification of those current City employees and those applicants for City employment who are legally considered to be handicapped. For definition of "handicapped individual" reference sections 503 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 793 and 794). This should be accompl i shed within ninety (90) day s after implementation of this Plan. 3. The establishment of a formalized process by which employees or applicants for employment may seek an appropriate remedy, should they allege d iscr imination in the selection process. This process will be established within sixty (60) days after implementation of this Plan. 4. Formalize the application process to ensure that all candidates for employment with the City of La Porte will be referred to and processed by the Human Resources Division prior to any employment offer. Thi s process w ill be impl emented within sixty (60) days after adoption of this Plan. 3 o o 5. Conduct an analytical study of all job descriptions to ensure that jOb requirements are based on the actual needs of the job and not on subjective criteria. This should be completed within nine (9) months after adoption of this Plan. IV. RESPONSIBILITY FOR IMPLEMENTATION Affirmative Action demands a conscious, deliberate, and total commitment on the part of the entire municipal organization and all its employees. The City Council of La Porte will, consistent with the objectives of this Affirmative Action Plan, authorize a ppropr ia te resou rc es in ord er to en su re the at ta inmen t of the Plan. This commitment will include the a ppropr ia t ion of fund s nec es sa ry to prov ide s ta ff and other resources for monitoring compliance with this Plan. Resources will also be provided for training of managerial and supervisory personnel in the area of equal employment opportunity. The City Manager will (1) be responsible for the overall administration of the Affirmative Action Plan, (2) establish, administer, and provide direction for the Plan in order that equal employment opportunity exists in each department, in all job categories, (3) disseminate appropriate direction to department heads in a timely manner to ensure compl iance wi th the Plan, (4) support the goals of the Plan in order that all objectives are met, (5) ensure the sufficiency of funds in the City's operating budget to allow for the successful administration of an Affirmative Action Program for the City of La Porte, and (6) evaluate persons under his direct supervision in specific areas of equal employment e e opportunity performance on a semiannual basis. The evaluation shall include such matters as (a) the subordinate's progress in filling professional and administrative positions with minorities, females and handicapped persons where under utilization exis'ts, (b) the subordinate's knowledge of equal ~mployment opportunity principles and the status of affirmative action in his/her department and (c) the subordinate's own evaluation of persons under his/her supervision in the area of equal employment opportunity, among other criteria. Although the City Manager is charged with the responsibility of the overall administration, implementation, and compliance of Affirmative Action Plan, accountability will be shared by all administrators and department heads. Commitment to and compliance with the mandates of affirmative action and equal employment opportun i ty will be two maj or area s of cr iter ia in the selection of candidates for executive positions and in the evaluation process of current department heads and other supervisory personnel. The Human Resources Manager will provide the following assistance: 1. Provide the City Manager's office data on activity with regard promotions, and transfers in City with all available to appointments, departments. 2. Coordinate with other City departments in developing a transfer program which will provide a means of upward mobility for all employees. 3. Develop career ladders and lines of career progression. 4. Counsel La Porte employees to assist in their planning for career advancements. :). e e 5. Evaluate promotion policy in order to expand areas of consideration and basis for selection, and to delete unnecessary requirements. 6. Use ava ilable federal, state and local programs for the recruitment and promotion of minorities, females, and persons with handicaps. 7. Analyze and remove all artificial barriers that may exist in job descriptions which tend to discriminate against females, and actively recruit females for those positions traditionally held by males. 8. Conduct a continuous review of job classifications to ensure job relatedness and the elimination of factors that would adversely affect minorities, females and persons with handicaps. 9. Maintain all records of individuals no longer in the employ of the City of La Porte and all applications for a period of not less than two (2) years. This is in accordance with Section 1602.36 of the Recordkeeping Regulations of the Equal Employment Opportunity Commission. 10. Submit quarterly reports to the City Manager indicating the status of the Cityls efforts to comply with the affirmative action plan, including efforts of various City departments to comply with the Plan, and any other pertinent data. The department heads will assist as follows: 1. Possess and exhibit a their commitment to employment opportunity firm and good-faith effort in and compliance with equal and affirmative action. t. e e 2. Coordinate with the Human Resources Office to ensure the appointment and promotion of qualified members of protec ted classes to those pos it ions iden t i fied by the Human Resources Manager as being key positions in attaining the departments' affirmative action goals. 3. Coordinate with the Human Resources Office the review and revision of their respective affirmative action workforce analysis to ensure compliance with the format designed by the Human Resources Manager. 4. D issemina te informa t ion and make the Plan ava ila bl e to all departmental employees. 5. Assist the Human Resources Division in the recruitment of qualified minorities, females, and persons with handicaps. 6. Submit reports as requested to the Human Resources Manager, outlining each department's programs in attaining its affirmative action goals, a current utilization analysis, positions filled by appointment or promotion, positive efforts instituted to enhance affirmative action, and key positions targeted as affirmative action positions. v. TRAINING PROGRAMS Training must be a top priority, if the City of La Porte is to be committed to the upward mobility of all of its employees including minority, female, and handicapped employees. The Human Resources Division will work in conjunction with every City department to ascertain each departmentl s training needs and to develop programs to address those needs. All training will be coordinated by the Human Resources Division. 1-. e e Within ninety (90) days from the adoption of the Affirmative Action Plan by the City Council, the Human Resources Division shall prepare a plan outlining training courses and staff development programs needed to meet the City's Affirmative Action goals. This Plan shall incorporate existing courses and programs, as well as develop new ones. Project staffing and fiscal needs required to implement the training and staff development programs shall also be addressed. Hithin sixty (60) days of its completion, the training plan shall be presented to the City Manager for review and to the City Council for approval and implementation. All supervisors and executive staff will receive training in comprehensive aspects of affirmative action/equal employment opportunity within two (2) years. 1- The Human Resources Division will be responsible for the development of EEO training programs for all supervisors and executive personnel. Attendance will be required of all supervisory personnel. 2. Annual performance evaluations participation in the EEO program. will include VI. RECRUITMENT The Human Resou rces D i vis ion will ini t ia te a vigorous recru i tmen t effort to br ing in to City employmen t qual ified and qual ifiable minor i ties, femal es, and persons with handicaps. Recruitment efforts will be conducted in, but not 1 imi ted to the Texas Employment Commission, the Texas Rehabilitation Commission, minority organizations, women's organizations, organizations dealing with handicapped persons, veterans' ~ e e organizations, local colleges and universities, and local personnel agenc ies. The local med ia will be used in an attempt to reach all areas in the community. The Human Resources Division will conduct recruitment trips, as necessary, to other locales in an effort to locate and offer employment to qualified minorities, females, and persons with handicaps. In order to ensure that minorities, females, and handicapped individuals are made aware of existing vacancies within the City of La Porte, the Human Resources Division will immediately begin vigorous recruitment by performing the following: 1. Provide job vacancy announcements to each City department on a regular basis and ensure that each department displays these announcements immediately in areas accessible to all City employees. 2. Provide a job vacancy announcement to all local Texas Employment Commission offices, employment agencies, veterans' organizations, minority organizations, women's organizations, churches, local college and university personnel offices, county and state personnel offices, organizations dealing with handicapped persons, and organizations dealing with the elderly. 3. Advertisement for key positions identified will be conducted in local newspapers--particularly those with a substantial minority readership. 4. Public service announcements will be produced on a periodic basis in the local media to ensure that all areas of the community are made aware of existing q e e vacancies and of the City of La Porte's commitment to affirmative action and equal employment opportunity. In an effort to fill a vacancy by providing upward mobility for current employees including minority and female employees, initial consideration for job placement will be given to departmental applicants. If the posi tion cannot be filled from this source, then secondary consideration will be given to any La Porte employee. Finally, if the position remains unfilled, it will then be available for any non-City applicant. All ind i vidual s be ing hired for these pos it ions (wi th the exception of those in-house persons being considered during the departmental phase of advertisement) must be referred to the Human Resources Division for processing prior to any formal offer of employment by the department experiencing the vacancy. VII. DISSEMINATION OF AFFIRMATIVE ACTION PLAN Copies of this Plan will be disseminated to all City of La Porte departments and shall be placed in City of La Porte Policy and Procedures Manual. Any interested individual or agency or local group will be provided a copy of the Affirmative Action Plan upon written request. VIII. COMMUNICATION OF THE PLAN It shall be the responsibility of the administration of the City of La Porte to communicate both internally and externally its Affirmative Action Plan. A. Internal communication shall be conducted through the following means: /D e e 1. A letter from the City Manager shall be sent to all employees introducing the Affirmative Action Plan. 2. Special employee meetings shall be held to discuss the program and answer questions. Special effort will be made to explain the program to every employee. 3. A memorandum along with a copy of the Affirmative Action plan shall be sent to all supervisors informing them of their general responsibilities regarding this plan. 4. Affirmative Action shall be a topic of discussion at periodic staff meetings on at least a quarterly basis. 5. Periodic training sessions and meetings will be held to explain and discuss the progress and ramifications of the Affirmative Action Plan. 6. Equal policy places Opportunity Employment posters statement shall be posted in in City offices and facilities. and the obvious 7. The Human Resources Division shall maintain an open door policy to all employees who have questions regarding this program. 8. Every employee shall be informed of the internal and external grievance procedures (TCHR, TDHR, EEOC), for handling complaints of discrimination. B. External communications shall be conducted through the following means: /1 e e 1. Equal opportunity employment posters and the policy statement on affirmative action shall be posted in places of application for City employment. 2. All employment advertisement shall words "An Equal Opportunity and Action Employer". contain the Affirmative 3. Employment appl ication forms shall conta in the above mentioned phrase. 4. A letter of notification shall be sent to appropriate minority organizations and employment sources informing them of the City's affirmative action policy, asking for their active cooperation. The letter shall also state these sources shall be properly notified of jOb openings. 5. A letter of notification boards, 'committees, established by the City, regarding any aspect administration informing Affirmative Action Plan support. shall be sent to all and/or commissions that have authority of human resources them of the City's and soliciting their /2 e e PREFACE City Council is asked to award the low bid of $15,000 to rebuild the hydraulic brush picker units to Modern Machine and Hydraulics. The Administration recommends City Council award the bid. .,~ I '_ e e INTER-OFFICE MEMORANDUM JULY 21. 1986 TO: D. Root - Equipment Services Superintendent FROM: T. Blackwell - Purchasing Agent SUBJECT: Sealed Bid #0154 - Rebuild Two (2) Hydraulic Loaders Advertised. sealed bids #0154 to rebuild two (2) Prentice Hydraulic Loaders were opened and read in City Council Chambers July 14. 1986 at 4 p.m. Bid invitations were mailed to nine (9) area repair facilities with the following four (4) returning bids: (1) Gulf State Crane and Equipment. (2) Modern Machine and Hydraulics. Inc.. (3) Maxwell Bailer Corporation and (4) Hyseco. Inc. I recommend that the City of La Porte award this bid to Modern Machine and Hydraulics on the basis of low bid meeting specifications. Please submit your recommendation along with an Agenda Request Form and 'all attachments to the City Manager's Administrative Assistant no later than 5:00 p.m. on the Monday preceding the next regular Council meeting. If there is a need to delay bringing this bid to the Council. you should. contact "me .immediately so that arrangements can be made to extend the quoted bids. TB/mb' Attachment: Bid Tabulation cc: R. Hare S. Gillett " ... e e ,- SEALED BID #0154 Gulf stai Maxwell REBUILD TWO (2) HYDRAULIC LOADERS Modern Hyseco Mac.hine & Crane & \ Bailer Inc. Hydraulics Equip. - 1. Rebuild two (2) Prentice Hydraulic 15.000.00 16,795.40 30,819.00 19,000.00 Loaders '. 0 - --- .-- - -_. - - ~, e e .. . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen City Mana FROM: John Joe n Director Interim C ommunity Development oordinator DATE: July 28, 1986 SUBJECT: Sylvan Beach Restoration and Repairs City of La Porte Project No. 86-5204 The final decisions regarding a project management approach have not been made, and in the past 18 to 20 months (since the idea of repairing the building was first pursued) much has changed. One big factor is the lease negotiations with Harris County, which resulted in a document that is more strict than originally ant ic ipa ted requ iring certa in performanc es by the City of La Porte. Secondly, the quotes for repairs are approximately 18 to 21 months old. Since that time the building has been subjected to further deterioration and vandalism. We have previously reviewed the packages submitted to each department for purposes of exploring the utilization of in-house resources in an effort to stretch our funds. Minor changes to the proposed project organizational chart were made and the use of force account labor has been evaluated by the City's loss control consultant. Per your request, staff is prepared to summarize for Council the key issues and approach to restoration of the building. The bottom line is that the budget of $229,000~ will not go as far as initially anticipated. This is due to; 1. changes in scope of work required by the lease 2. increased scope of work for roof repairs and asbestos removal. 3. the age of the original estimates. We must also keep in mind that the budget was established for the purposes of stabilizing and weatherproofing the building and not a complete renovation. JJ/tla .- FINAL RECOMMENDED RESTORATION PLANS CITY OF LA PORTE RESTORATION PLANS HARRIS COUNTY RESTORATION PLANS .- '. ". THAT THE DAMAGED WOOD PARTITIONS ON THE LOWER LEVEL BE REMOVED AND DISPOSED OF. ITEM A. 2 MEN X 24 HOURS DUMP TRUCK AND CLEAN UP ITEM A.B. THAT THE ~A~AGED WOOD PARTITIONS ON THE LOWER LEVEL aE REMOVED AND DISPOSED. ITEM A. THE THAT ALL AREAS AT LOWER LEVEL BE COMPLETELY CLEANED B. THAT ALL AREAS AT THE LOWER LEVEL SE COMPLeTELY CLEANED a ,THAT THE SUMP PUMPS, THE PUMP HOUSE, AND THE SUMP LINES BE CLEANED AN~ RESTORED FOR PROPER USE. C. CLEAN DRAIN C.ITY JET TRUCK, LINES C. THAT THE SUMP ?~MPS, THE ?U~P HOUSE, AN~ THE SUMP LINeS oE CLEANED AND RE- STORED fOR PROPER USE. C. . THAT THE LOWER LEVEL ENTRY BE USED ONLY AS A SERVICE ENTRANCE, EMERGENCY EXIT. THIS LOWER LEVEL AREA SHOULD THEN BE FENCED IN. D. o THAT THE LOWER LEVEL ENTRY BE USED ONLY AS A SERVICE ENTRANCE, EMERGENCY EXIT AND AS A SMALL TRACTOR AND LAwN EQUIPMENT STORAGE AREA. THlS LOO/ER LEVEL, AREA SHOULD THEN SE FENCED IN. D. <' DELETED. WORK E. DO AWAY WITH E. THAT A SM~LL RESTROOM WITH SHOWER 8E INSTALLED AT THE LOWER LEVEL FOR EMPLOYEES USE ONLY. E. THAT DAMAGED GLASS BLOCK WALL, PLASTER CEILING, GLAZED FACE TILE WALL AT THE ENTRANCE ON THE LOWER LEVEL BE RESTORED. F. AND PLASTER DAMAGED GLASS BE REPAIRED. F. THAT DAMAGtD GLASS SLOCK WALL, PLASTER CEILING, GLAZED FACE TILE WALL AT THE ENTRANCE ON THE LOWER LEV;L BE RESTORED. F. e G (1) THAT THE STEEL SUPPORT COLUMNS FOR THE UPPER LEVEL OUTSIDE DECK BE CLEANED, REPAIRED, AND REPAINTED, THEN ENCASED IN A CONCRETE COLUMN. THAT THE DAMAGED STEEL BEAMS AND COLUMNS ON THE LOWER LEVEL DECK BE REMOVED AND DISCARDED. .~:., G (2) 1&2 THE DAMAGED STEEL BEAMS BE CUT LOOSE FROM MAIN BEAMS AND LOWER DECK BE REMOVED AND NOT REPLACED. THAT REMAINING STEEL SUPPORT BE CLEANED AND REPAINTED BUT NOT ENCASED IN CONCRETE. G THAT THE FOLLOWING STRUCTURAL REPAIRS MADE THAT THE STEEL SUPPORT COLU~NS FOR THE OUTSIOE DECKING AREA BE CLEANED AN~ RE?AINTE~, THEN EN- CASED IN CONRETE COLUMN THAT THE DAMAGED STEEL 6~AMS AND COLUMNS ON THE LOWER DECK LEVEL BE RE- PLAC~D WITH NEW STEEL 6EAMS AND COLUMNS BE 1 . 2. G .._, THAT 100% OF THE TOP._ WOOD DECKING BE RE- . . PLACED AND 100% OF :. ~THE LOWER WOOD DECK-- .....ING BE REMOVED AND' " 'NOT BE REPLACED. 'G(31 REPLACE 100% OF TOP DECK WITH NEW.TREATED MATERIAL. _._" ~ 1 ,-. '0 ... 3. .::. n. ~~'" .: ..... -." . - :1t THAT 25% OF T~E TOP DECKING AND 100% OF THE LOWER OECKING BE REPLACED WITH NEW, ~ TREATED MATERIAL.. ~~ 3. ~ . THAT THE AREA THAT HAS WASHED OUT AND ERODED UNDER THE ENTRANCE WALKWAY BE REPAIRED PY PLACING SELECT FILL AND RE- GRADING SIDE SLOPES OF THE EMBANKMENT. THAT CONcaETE SEAMS WHERE STEEL REBARS ARE EXPOSED BE GROUTED. G(4) G(5) ERODED AREA UNDER ENTRANCE WALLWAY. ElE BEAMS CONCRETE GROUTED. 4. 5. THAT THE AREA THAT HAS WASHED OUT AND ERODED UNDE~ THE E~TRANCE WALKWAY BE REPAIRED BY PLACING SELECT FILL AND REGRADING SIDE SLOPES OF THE EM3~NKMENT. THAT CONC~ETE uEAMS ~HERE STEEL REcARS ARE EXPOSED BE GROUTED. 4. 5. THAT THE DUEL AIR HANDLING AND CON- DENSOR UNITS SHOULD BE FULLY CHECKED AND RESTORED TO FULL OPERATION. H. AIR HANDLING AND CONDENSER UNIT CHECKED AND RESTORED. H. THAT THE DUEL AIR HANDLING AND CON~ENSER UNITS SHOULD BE FULLY CHECKED AN~ RESTORE TO FULL OPE~ATION. H I e THAT ALL ELECTRICAL SERVICE A~D cQUIP- ~ENT SHOULD BE CHECKED FOR SAFETY AND FOR OPERATION AND SHOULD BE FULLY REPAIRED AS NECESSARY I. ELECTRIC SERVICE AND EQUIPMENT CHECKED OUT. I. THAT ALL ELECTRICAL SERVICE ~~D EQUIPM~~T SHOULD ~E CHEC~ED roa SAFETY AND roa OPERATION AND SHOULD SE FULLY REPAIRED AS NECESSARY. I. THAT ALL ROOF COVERINGS AND RELATEO METAL FLASHINGS BE REPLACED. J EXTENSIVE ROeFING REPLACE- MENT AND REPAIR BE MADE. J THAT EXTENSIVE ROOFING REPLACEMENT AND REPAIRS BE I'lADE. J. THAT ALL PLUMBING BE TOTALLY CHECKED FOR PROPER OPERATION. THIS INCLUDES RE- PLACING ONE (1) 40 GALLON WATER HEATER. THE SANITARY LIFT STATION BE CLEANED AND REPAIRED. K(1) K(2) ALL PLUMBING BE TOTALLY CHECKED FOR PROPER OPERATION. K THAT ALL PLUMBING BE TOTALLY CHECKED FOR PROPER OPERATION AND THAT THE SANITARY LIFT STATION BE CLEANED AND REPAIRED. THIS INCLUDES REPLACING ONE 40 GALLON GAS FIRED HOT ~ATER HEATER. K. e AND THE BE THAT ALL SIDING TRIl'l MEMBERS ON NEW DRIVE ENTRY RENAl LED AND RE- CAULKED. L. ALL SIDING AND TRIM ON ENTRY BE RENAILED AND CAULKED. L. THAT ALL SIDING AND TRIM MEMBERS ON THE NEW DRIVE ENTRY 8E RENAILED AND RECAULKED. L -. ,.- THAT THE SALLROO" FLOOR SHOULD BE TOTALLY REPLACED AND FINISHED. M. FLOOR TOTALLY REPLACED. DANCE M. THAT THE BALLROCM FLOOR SHOULD eE TOTALLY RE- PLACED AND FINISHED. M. Ni;~ ALL VINYL ASBESTOS . TILE FLOORS SHOULD ;': . .BE REPLACED. CARPETING~..f.;"o.?~.; ALL ENTRY WAY CAR- .' '-'" .~':i', .:';.;'>'.;-'::.~ PETING AND ALL , .,~ .... ....".~.. .''':, ,e. .,J- STAGED SURFACES : _"7"'0. "-~-'~:"~:::1"'.~~:'t~~..,;o:.~ . :f:) '.:: . .!: '~(I';;">f~~':;;;:;f.~~)SHOULD .', BE.; RECARPETED. " ,. '"c,','''''~'','i''",,':''',::, . '.IjO ~___..._"~.~____ . SEALED CLEANED, FLOORS BE POLISHED. ALL AND N. FLOORS SEALED ALL VINYL ASBESTOS SHOULD Be CLEANED, AND POLISHED. N. ....... STAGE . .... . ~ ." .' ..... . ~.:~.: ,.~.;....."': ...--. ALL ENTRY WAY CARPETING. :<;. . 0.. ENTRY WAY AND AND ALL STAGED SURFACES:~*i->'; .,: -li-::: <-> . '. . , SHOULD BE RECARPETED ...t.,......... .".... ,.. ..~~...-.. . ~. -:~t:.':""~::-=~~~~....~:r~-s:.:~~~~.?-.::~0..:---:-. :.... .:~{ :1;}.y~.~ .~~~~; ~'?:.~~..:.;1~~l:f::'"'"::: . <.."'.' __ 1,- ~.~~ J~ ''''~'". '(~H . " :.:;",,- ", " O. THAT ALL BROKEN GLASS BE REPLACED. P. BROKEN (4) 60" REPLACE FOUR GLASSES 36 X P THAT ALL Rc~AINING BROKEN GLASS BE R~PLACED. TOTAL OF FOUR (4) PIECES APPROX 36 INCHES X 60 INCHES. P. THAT ALL ENTRY DOORS AND INTERIOR DOORS SHOULD aE RESTORED TO PROPER OPERATION AND APPEARANCE. Q. ALL DOORS SHCULD BE RESTORED TO PROPER OPERATION AND APPEARANCE. Q THAT ALL ENTRY DOOR~ AND INTERIOR DOORS SHOUL~ RE RiSTORED TO PROPER OPERATION MID A?PEA~AtiCE. Q. THAT THE CEILING IN THE RESTROOMS SHOULD BE REPAIRED OR REPLACED. R. CHUNG SHOULD EXCEPT BALLROO!'\ ALL DAMAGED BE REPAIRED R. THAT ALL DAMAGED CEILINGS EXCEFT BALLROOM CEILING S~OULD 8E REPAIRED OR CHANGED 0UT (INCLUDES. M~NS RESTROOM, L03aY, SALLROOM ENTRY, MAnAGE~S OFFICE). R. I e THAT ALL DAMAGED WALL SUSRFACES SHOULD BE RESTORED TO ORIGINAL CONDITIONS. S. SURFACE THAT ALL DAMAGED WALL aE PROPtRLY fIXED. s. THAT ALL DAMAGED WALL SU~FACtS SHOULD BE RESTORED TO ORIGINAL CONDITIONS. S. A NEW SOUND SYSTEM SHOULO BE PURCHASED. THAT ALL VINYL COVE BASE BE REPLACED. T. U. THERE IS NO SOUND SYSTEM TO CHECK OUT. BUY NEW ONE. SHOULD BE IN BASE ALL COVE TACK. T U. SYSTEM SHOULD AND RESET. B .I\S E COVE THAT THE SOUND tiE CHECKED OUT rnL VI THAT ALL REPLACED. T U. THAT ALL ESBESTOS- CONTAINING MATERIALS BE REMOVED fROM THE INTERIOR Of THE BUILDING. V. ASBESTOS CEILING BE REMOVED AND REPLACED ~ITH AN ACOUSTICAL PLASTER O~ FISER GLASS. V. THAT ALL ASBESTOS C=ILING SURFACES IN THE CENTRAL BALLROOM SHOUL~ aE RE~OVED A~~ R~PLACED ~ITH A NON- AS3~STOS ACCUSTICAL PLASTER. THE EXISTING C:ILING COULD BE ENCAPPULATED FOR $14,000.00, BUT BECAUSE THE 6UILDING IS USED BY T~; PuaLIC IT IS RECOMMENDED THAT THE AS3ESTOS CEILING SE REPLACED. V. e EXTENSIVE REPAINTING THROUGHOUT THE BUILDING AND TREATING OF THE WOOD SUPPORT BEAMS UNDER THE UPPER WOOD DECK. W. 100% REPLACED IN BUILDING. WOOD DECK IS AND PAINTING W EXTENSIV: REPAINTING TH~OUGHOUT THE BUILDING AND TREATING OF THE weOD OECK SHOULD BE DONE W. INSTALL WORK DELETED. ALL ELECTRIC. X. TEST ON GAS SYSTEM. PRESSURE x. THAT A COMPLETE GAS PRESSURE TEST SHOULD BE CONDUCTED ON THE TOTAL GAS PIPE SYSTEM AND ANY DISCOVEReo LEAKS REPAIRED. X. 1~~J:~{$~f-r?/;.:-~:t~ .~ \.' ._____ .;..__ _ _4'- :,..~ " ,7' ". . . -t ";.. i. : }0.::.;:~:.~'yS(.;~t}::-; -1-.------ ~..~.:- . J{?":': :'~,;~.. "~: .." ..:.~~.,.;/~.: .-.- ...- . - - - .. .;tt;>i~~ : I ,? EXISTING REPAIRED. THAT THE LEVEE SE Y. EXISTING LEVEE WILL BE FILLED WIT~ RIP RAP AND LEVELED WITH DIRT Y . e e THAT THE BUILDING BE PLACED ON SEPARATE WATER LINE AND METER. / z. THAT THE BUILDING BE PLACED ON SEPARATE WAT~R LINES AND AND MfTER. z Y. THAT THE EXISTING LEVEE aE REPAIRED. z. THAT THE OUILOING eE PLACED ON SEPARATE WATER LINE MiD :1ETEIi. -.;.--- .- . ;,,;,"::';:""--i:----1'4 ~~~ - .-. "'-;;' , ' .... - ..... ...; ....................t._ ..._ .~ :.~:~ .~~l :..' ,,- ...:~ ~---- . ..\,... '. - .- . :..:"ro :. :,....:. ..f rOo L::_ ...~:.. I . ..~"':~ .:.....,.-~.- ............-- '. " -, ',: ~ I .' ". _. ~\..;. .'. ~ . .~~ . ~~ . ~...,.... I~ . . ~~""r..fJ~"?,'.-; :'~:1ii.~~ . ~ . e e SUMMARY OF THE WORK TO BE PERFORMED BY VARIOUS CITY DEPARTMENTS The following is an outline of work to be performed by various City Departments. I. All areas at the lower level be completely cleaned. II. The sump pumps, the pump house, and the sump lines be cleaned and restored for proper use. III. Repair the area that has washed out and eroded under the entrance walkway. Place select fill and re-grad~ side slopes of the embankment. IV. Clean and repair the sanitary lift station. V. Install new sound system. VI. Place the building on a separate water line and meter. VII. Change locks on building and gates. DRAFT CITY MANAGE~ SYLVAN BEACH ASS'NT CllY MGR.. !<.ENCVATiOl\.\ fRoJec.T DIR.. c.oMM.Dev'El-. e BLDG.OFFIC/AL HARRIS c.oUNTY ~ ENGINeE:R.ING DEPr. GE"I\lERb.L c..ONTRAc.,-oFl LIlliE AlJTlioRIT'( - - - --Coo(<.DINATION ---1 FIRe AIJP I SA.FET'( C .- .- Rl8LIC WOR.K.5 I ~ I WJl.TeR.. A.N.P SOLID SiREeT~ PARK::' DEPr. SEWER.. WA~TE AND Row TASKS T/>.SoKS TASKS T,Il. S KS. I. REPAIR OR I. ClEAN-UP I. GRASS annt.lG I. R~o'TDG~p~y R.e PLACE 1..1 F-T 2. RJeuc RetAnoNS STAT/Ot.! t. I-fAlJL.- OFF t..INSCCf CorrtRoL 3. F'Ia:lvl DE 2. CLEAN L1NF-S De 13Ft./ s AUDIT/ONAL S"TOR.N\ AN 0 LA6o~ SA.NITA.RY 3. WATER MElEK.. CL.P AiTOR.NeV I R15K. t.' ,t.!.l.....~51J.SN,. I. PuI<Cl-lA.~ING ,PROJec.-r c. LE Rot<. ^C.C.OUNTING c.o De: ENFORceMENT ,As,KS I. DEVELOP FLA.....s Z. DeveLoP Sn:CIFlcA110NS 3. DevELOP BID PAC.KAGE~ 4. MONiTOR I3ID ~oce Ss CoMMUNI'TY De\JE'Lo PIli SNT ENGINeERING TASKS I. SUMP PUMPs 2. S1l:EL CDLUIIH RS:I"AIR. 5. E'NTR'{ WALleN;"Y FiLL 4. GROUT CONO?SE BE'AMS S. !<EPAII<. LIFT STATION G. REPAIR: LEveE' 7. WATER LINE Jo.N&> ME'TER e e SUMMARY OF WORK TO BE PERFORMED UNDER SEPARATE CONTRACTS The following is an outline of the work to be performed under Separate Contracts. I. Roof removal and replacement II. Asbestos removal and disposal III. A. Rehabilitation Contract - Base Bid B. Alternate Bid Items IV. Securing of building A. Board all windows on bay side B. Remove lower level deck C. Repair Fence .r4HARY OF' THF. hl()RK PERFORt-11 UNDER THIS CONTRACT The following is a brief summary descrip.tion of the work under this Contract. It has been prepared only as an aid to a better understanding of the total scope of the Work. It is in no way to be considered complete in such description and in al+ cases the requirements of the following Specifications Sections and of the Original Drawings govern. GENERAL The project consists of the rehabilitation of an elevated one-story, sixteen thousand, eight hundred eighty square feet (16,880 S.F.) recreational facility for the City of La Porte. BASE CONTRACT (1) Replace all broken glass. (2) Grout all concrete beams. (3) Repair exterior doors. (4) Repair, re-caulk, and re-nail exterior siding at new entry. (5) Paint exterior of building. (6) Repair, re-paint and encase in concrete the steel columns supporting the top wooden deck. ALTERNATE BID ITEMS . Each Al terna te to the Base Bid is defined below in abbrev ia ted language. Its full requirements are documented on the Drawings and in the Specifications. Inherent in the scope of each Al ternate is the coordination of related work and other Alternates to ensure that work affected is complete and properly interfaced with other work. Alternate No.1: Restore lower level entry. Alternate No.2: Remove and replace top wood deck including any wood beams that may need replacing. Treat remaining wood beams with preservative. Alternate No.3: Repair all air handling and conditioning systems. Summary of \iork Alternate No.4: Alternate No.5: Alternate No.6: Alternate No. 7: Alternate No. 8: Alternate No. g: Alternate No. 10: Alternate No~ 11: Alternate No. 12: Alternate No. 13: Alternate No. 14: e It Page 2 Replace .or repair all electrical systems as needed including exit and emergency lighting systems. Test and repair all sanitary plumbing, potable water systems, and fixtures. Remove and replace with new material approx. 3,800 square feet of maple dance floor with sub-floor and screed. Remove and replace approx. 8,000 square feet of vinyl floor tile. Remove and replace carpet on stage and entry hall. Repair all damaged wall surfaces. Remove and repl~ce all vinyl cove base. Remove gasoline storage tanks and related piping. Install a manual pull station fire alarm system. Re-design handrails, around the wood deck, to meet code. Repair storm water pumps. Immediately following Award of Contract, prepare and distribute to each' ent i ty invol ved in performance of the work, a not i fica t ion of status of each Alternate. Indicate which Alternate has been 1) accepted, 2) rejected, and 3) deferred for consideration at a later date. Al terna tes should be bid wi th the knowl edge that they may be accepted up to and including 120 days after execution of the contract. Includ e full desc r ipt ion of negot ia ted mod ificat ion to Al terna te, if any. End of Section. ----- 11. .._w.e~.tl_]'-V!L__., ...b__.__ ____7__ _ ___ ~;-J.. SlIcc._T [-l ""--T .<;'0" c: c.. fufJUI -_~"ILV^N II It) 9._._. s- 5___ '''-3-' ~ _._---~ --.._-_. . --- -_.. .---...-.. ~_. .-, ....-.-- --- . ...~::~~-~-.-~~~~-~~..=rx----...-.- .. ...- ---- ...--.--- - ._.__._----~ -. .-.--.--.- ..-.-------. . ...-.....--.-.--. ....-.------- , ,.x .... -. .. -----.--r-- --. ...'. .- . , .., .. .. -.. .. ..... -.. ".'-1" -'-. ... . ---.-... - i x^X>-<XX'X ..xx'X..._..... _____..__. ____...._, . ~-~=~~~~~ . _ ----_.__.-L___. --'..-' ---..'-- t _..xx>(~X "3 ?,RD:JEC.r. /,',r;I?IPO/;'C"h lip/,/iOIML /JiBES T os. 5 U RIle)' ........ COMPI..ETE lis13t.sros BID !7tCKIiGe H/lRRIS (.10P,VTi' /)PPROVI.}L. _ on _._.._ .._ dlJUc./i'rlSE /0.-'1 BIDS (lisBE.SroS 1.. /-}"" h' F:;::;. CON I.l?fiC L Ul.Sl3c.s.r()s.1.-J"" C'O/':fPJ.€TE Rool'" [JJfJ..PAC,l(Ilt;E , ... d' ._ ..X__ &~..5-.C~qt.l T.t_/! J?l:?If.~.{/./I '--------- ..__._____.XXx.'\)(.X.>.Q<X__.. J' ~_~_.. --._.__ l-JoVEli'nsc ro/~ 8,os. (/?OOF:), ...X/<lX?<XXXxx.. 1/I.ld.tI.RO_CIONTRIl.cr. (ROOF 1...".. PRe.P8Re._ B ,'is G C.ONT R;.;C. rs lLtJR815._ COUNT-Y.. _f1Pf'R(J.lIfrt. _ _..._ !-/DIH.RTlS€ r08 B,os (8~sG) /) uN? RJ}__. (.'101J T RJi c.r .l8Ji.s.c_L Eu.Li.t..t.I.ljJ~_Al.L...-&.J2_;;; Tc./':1.S-_ __ )O<[X, .___)(>.0( .2 ------- i ..x. ~1..c.rIV/TY - , .=T-----.-rX-..- __~XX2<XXXt..~______. j~._-_._..- e tit INTER-OFFICE Mm10RANDUH SUBJECT: John Joerns, Director of communit,Yf(fS-D;velopment E. J. Griffith, Code Enforcement Sylvan Beach Pavilion - Update TO: FROM: DATE: July 28, 1986 The following information should provide you with a quick update on Sylvan Beach. Work Completed 1. All locks changed on gates and building. 2. All windows boarded on bay side of building. 3. Lower level deck removed. 4. Water meter installed (temporary). 5. Electrical bill in City's name. 6. Bid package for Roof. l.J'ork Underway 1. Clean up under building. 2. Clean up around building. 3. Development of specifications for General Contract. 4. Bid package for Asbestos Removal. EJG/dsw xc: David A. Paulissen, Building Official/Zoning Administrator ~tpn $.be~oQd; D$rector of Parks & Recreat~0n ~r ~~ -L ~~~j e e INTER-OFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: John Joerns ., rf Ervin J. Griffith ~d History of Asbestos Abatement - Sylvan Beach July 14, 1986 On November 29, 1984, Mr. Stan Sherwood furnished the E.P.A. with some materials from Sylvan Beach Pavilion. These samples revealed that there was asbestos-containing materials in the ceiling of the ballroom. In February of 1986, another rev iew was done and the proposal indicated that there were additional asbestos-containing materials located in the building. The additional areas are as follows: 1) Ceiling of the office located in the S.W. portion of the building. 2) Foyer. 3) Air handling room - pipe insulation. As of this time, testing laboratories will no longer do surveys of the property in question. They will simply test specific locations as requested. However, a survey company will survey the entire building and test areas as needed. The survey company would need about one week to perform the survey and furnish the City with a written report of thei r find ings. The min imum cost would be $1,500.00 and the max imum would be $2,600.00. I feel that a survey is necessary to determine the areas of contamination and would also be useful to us in the bidding process. EJG/dsw xc: David A. Paulissen e e CITY OF LA PORTE r"f~~ti INTER-OFFICE MEMORANDUM TO: Ervin J. Griffith, City Inspector DATE:. July 17, 1986 ~John Joerns, Director of Community Development FROM: Olivia Moeller, Administrative Assistant tou~~~ City Manager/Risk. Manager i \~. I SUBJECT: Loss Control Visit Sylvan Beach Pavilion Attached for your review are the recommendations made by the City's Loss Control Consultant concerning restoration of Sylvan Beach Pavilion. I have highlighted key areas of concern in the report for your review and recommend the City concur with his recommendations. Please contact me if you need any further assistance. OM/jb Attachment: (1) cc: Jack Owen, City Manager Richard Hare, Assistant City Manager ,. e e u:m~~~e.l: r'_ - ~-' '.-w ~ TKlL RISK &. INSURANCE MANAGEMENT SERVICES Loss Control. July 10, 1986 Mrs. Olivia Moeller, Administrative Assistant Risk O:f:ficer City of La Porte POBox 1115 La Porte, Texas 77571 RE: Loss Control Visit - July 10, 1986 TML # A0395, C0395 Dear Mrs. Moeller: I met with you and Ervin J. Griffeth, City Inspector, today at the Sylvan Beach Pavilion to assist the City o:f La Porte with its loss control considerations relating to the leasing and restoration o:f that :facility. Following that meeting, the discussion continued at the city administration building, at which time discussion was held with David Paulissen, Chie:f Building Officer. Prior to performing any other work on the interior of the pavilion, the city intends to enter into a contract with an asbestos abatement contractor to remove all asbestos-bearing .friable material in this facility. The contractor will be . required to meet all state and federal regulations concerning the removal of asbestos materials, as well as requiring atmospheric sampling within the building :follOWing removal to insure that the removal has met the current requirements of the U.S. Environmental Protection Agency. The city should establish procedures to insure that no person is allowed to enter the facility until the asbestos abatement contractor has released the facility for your use, with the exception of the contractor's employees who are authorized by the contractor for entry. As part of the restoration referred to above, the city is considering using city employees to accomplish certain elements o:f the restoration. As shown on the attached "Continuation of Sylvan Beach Pavilion Table" which was provided me, some of the items appear to be outside the scope of experise of the city and its employees. The city Form SRE-S93-0 Hartford Specialty Company - An Affiliate 01 The Hartford Insurance Group. Hartford. Conneclicut 06115 ~1 ~~o~ ~ e e should consider its obligations to its employees to provide them training, equipment, and supervision to allow them to safely perform their work. Those items which include tasks normally assigned to city employees appear not to unduly increase their exposure to inJury. These would include removing the existing trash and debris surrounding the pavilion at this time, restoring the .sump pumps and sump lines, repairing deteriorated portion of the entrance walkway, cleaning and repairing the sanitary lift station on site, and installing a separate water line and meter. Other items which are shown as possible items for performance by city employees do not seem prudent at this time. These would include the removal of the steel supports and decking on the lower deck, the removal of the deteriorated portion of the upper decking material, and repainti~g of the facility and application of preservative material to the wood decking. Included also with these items is the removal of the wood-framed partitions from the lower level. The hazards associated with demolition work are well known in the construction business, but they differ from the' ordinary work performed by city employees. It would require the city management to train supervisors and employees who would be engaged in such activities in the proper work procedures and use of equipment, such as high pressure paint spray equipment. Also included in the training requirements would be that for personal protective equipment, such as respiratory protection. In addition to the employee inJury loss exposures discussed above, the city should also consider the risk it takes when it imposes city employee efforts on construction work which is contracted to others. The city could incur a significant liability exposure should a city employee be negligent in performing a task and cause inJury to a contractor's employee. Another risk the city incurs is in the scope of completed operations, losses for which sometimes occur after considerable time has lapsed. Should city employees be determined to have performed work which was related to that of contracted work, such could interfere in establishing clear liability of the contractor for damages. " e e The intent of this letter is to help you determine those items in the scope of work for this proJect which should impose only limited liability to the city relative to the added value they provide. Should you have addi~ional questions concerning this matter, or if I may assist you otherwise with your loss control efforts, please call me. As discussed earlier, I will plan to present a supervisory training program of accident investigation at the Public Works Classroom at 10:00 AM on July 23, 1986. ;;.r~~;~ Howell Porter, CSP Loss Control Consultant Hartford Specialty Company cc: Mr. Jack Owen, City Manager Mr. Richard Hare, Assistant City Manager TML - Loss Control c/o Mr Jim Jeter, CSP Johnson & Higgins of Texas, Inc.