Loading...
HomeMy WebLinkAbout1990-06-11 Regular Meeting of La Porte City Council e . MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JUNE 11 1990 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of ci tv Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Alton Porter, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilpersons Ed Matuszak and Deotis Gay Members of ci tv Staff Present: ci ty Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Purchasing Manager/Human Resources Manager Louis Rigby, Director of Parks and Recreation Stan Sherwood, Director of Community Development Joel Albrecht, Police Chief Charles Smith, Police Lt. Bobby Powell, Finance Director Jeff LitChfield, Finance Officer Linda Waugh, Chief Building Inspector/Zoning Administrator Ervin Griffith, Golf Pro Alex Osmond, Golf Course Superintendent Dennis Hlavaty Others Present: Randy Woodard, Cliff Hyde, Larry Tucker, John Black, 30 citizens 2. The invocation was given by Councilperson Porter 3. Council considered approving the minutes of the called regular meeting of Council held May 21, 1990. Motion was made bv Councilperson Porter to approve the May 21 minutes as 'Presented. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Nays: 4. Proclamations for Nell and Talmadge Lunsford Day, Texas Veterans Land Board Awareness Week, and Juneteenth Week were read by the Mayor. 5. Mr. Randy Woodard addressed Council to request financing for a summer concert by the Houston Symphony - "Sounds Like Fun". Mr. David Brady and Mr. Bruce Hammack were scheduled to address Council but were unable to attend the meeting. Mr. Mitch Sanders addressed Council regarding traffic enforcement in Fairmont Park, and Mrs. Jodie Seeger addressed Council e e Minutes, Regular Meeting, La Porte City Council June 11, 1990, Page 2 regarding speeders in her neighborhood. Mrs. Seeger and Mr. Sanders were asked to speak with Chief Smith after the meeting. 6. Council considered approving an expenditure for a Community Concert. Motion was made bv Councilperson Porter to expenditure of $2.275.00 for a Communitv Concert. Councilperson McLaughlin. The motion carried, 7 nays. authorize Second by ayes and 0 Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Ayes: 7. Deferred until after executive session. 8. Deferred until after executive session. 9. Council considered an ordinance making certain findings of fact under provisions of S.B. 336, Texas Local Government Code. Motion was made bv Council person Porter to brinq this item back to the table for action at this time. Second by Councilperson McLaughlin. The City Attorney read: ORDINANCE 1706 - AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT UNDER THE PROVISIONS OF S.B. 336, CODIFIED AS CHAPTER 395, TEXAS LOCAL GOVERNMENT CODE; FINDING, DECLARING, AND DETERMINING THAT THE CITY OF LA PORTE HAS NO ORDINANCES, RULES, REGULATIONS, OR POLICIES, IMPOSING CHARGES, FEES, OR OTHER DEVELOPMENT EXACTIONS, WITHIN THE STATUTORY DEFINITION OF "IMPACT FEE" AS CONTAINED IN SAID CHAPTER 395, TEXAS LOCAL GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The vote was taken and the Ordinance was adopted 7 ayes and o nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Nays: 10. Council considered an ordinance making findings of fact on the effects of substance abuse and adopting a drug and alcohol abuse policy and procedures for the City of La Porte. e e Minutes, Regular Meeting, La Porte City Council June 11, 1990, Page 3 The City Attorney read: ORDINANCE 1708 - AN ORDINANCE MAKING FINDINGS OF FACT ON THE EFFECTS OF SUBSTANCE ABUSE; ADOPTING A DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES FOR THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1708 as read bv the citv Attorney. Second by Councilperson McLaughlin. The motion carried, 6 ayes and 1 nays. Nays: Councilpersons Sutherland, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Councilperson Cooper Ayes: 11. Council considered approving an annual contract with Harris County for fire protection of Zone 34, unincorporated areas of the County. Motion was made by Councilperson Clarke to approve the annual fire protection contract with Harris Countv. Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Nays: 12. Council considered approving a contract with Coffman & Associates to perform an Airport Master Plan update. Motion was made by Councilperson Skelton to aP'Prove a contract with Coffman Associates, subject to approval bv the Federal Aviation Administration, for an Airport Master Plan update, and authorize the expenditure of $8,000 for the citv's matchinq 10 ~ercent share of the proiect. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Ayes: 13. Council considered declaring an emergency and authorize repairs to air conditioner at Sylvan Beach Pavilion. Motion was made by Councilperson Porter to declare an emergencv and authorize re'Pairs to air conditioner at Svlvan Beach Pavilion in the amount of $5,539.00 and a'Pprove transfer of monies from fund balance (Svlvan Beach) to Capital Im'Provement (Sylvan Beach). Second by Councilperson Sutherland. The motion carried, 7 ayes and 0 nays. - e Minutes, Regular Meeting, La Porte City Council June 11, 1990, Page 4 Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None 14. Council considered declaring an emergency and authorize repairs to Bay Forest Golf Course. Motion was made bv Councilperson Skelton to declare an emeroencv and authorize repairs to Bav Forest Golf Course and allocate $20.000.00 from the Golf Course Budoet Fund balance account to complete the needed repairs. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None 15. Council considered rej ecting bid for demolition of ground storage tank in former BayMUD area. Motion was made by Council'Person Skelton to reiect the bid from Proto Texas Corporation for demolition of ground storaoe tank. and authorize rebid. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None 16. Deferred until after executive session. 17. Council considered a consent agenda as follows: (A) Consider awarding bid for demolition of dangerous buildings; (B) Consider awarding bid for emergency generator at fire station 1; (C) Consider awarding bid for underground fuel storage tank. Councilperson Porter requested that item A be removed for discussion and Councilperson Skelton requested that item C be removed for discussion. Motion was made bv Councilperson Cooper to award the bid for item B. emeroencv oenerator. as presented. Second by Councilperson Sutherland. The motion carried, 7 ayes and 0 nays. Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None e e Minutes, Regular Meeting, La Porte City Council June 11, 1990, Page 5 After discussion, motion was made bv Councilperson Porter to award the bid for demolition of buildings to Daniel's Dum-p Truck Haulinq in the amount of $17.000. and to find funds to include the buildinq at 1500 S. Broadway. Second by Councilperson Clarke. The motion carried, 6 ayes and 0 nays (Councilperson Porter was away from the table). Nays: Councilpersons Sutherland, Cooper, McLaughlin, Skelton, Clarke and Mayor Malone None Ayes: After discussion, motion was made bv Councilperson Skelton to award the bid for an underqround fuel storaqe tank to Robertson Electronics Companv in the amount of $18.902.84. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Ayes: 18. There were no administrative reports. 19. Council Action: Councilpersons Sutherland, McLaughlin, Skelton, Clarke and Mayor Malone brought items to Council's attention. 20. Council adjourned into executive session at 7: 13 P.M. to address the following: (A) Meet with attorney and City Manager regarding Elizabeth Lane right-Of-way acquisition; (B) Receive Report from City Manager on Personnel Items; (C) Meet with City Manager regarding interlocal agreement with City of Deer Park for utility services outside city limits of La Porte; (D) discuss naming chairman; for La Porte Centennial Celebration committee. Council returned to the Council table at 9:05 P.M. The following agenda items were addressed: 7. Council considered entering into interlocal agreement with City of Deer Park for furnishing utility service outside city limits of La Porte. The City Attorney read: ORDINANCE 1709 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF DEER PARK FOR WATER AND SEWER SERVICE TO CERTAIN EXISTING COMMERCIAL ESTABLISHMENTS LOCATED WITHIN THE CORPORATE LIMITS OF DEER PARK, ON UNDERWOOD ROAD; MAKING e e Minutes, Regular Meeting, La Porte City Council June 11, 1990, Page 6 VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Cooper to adopt Ordinance 1709 as read bv the citv Attorney. Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Ayes: 8. Council considered an ordinance approving and authorizing an agreement for temporary sanitary service by and between the City of La Porte and Abbott Development Corporation. The ci ty Attorney read: ORDINANCE 1697 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR TEMPORARY SANITARY SEWER SERVICE BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, AND ABBOTT DEVELOPMENT CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson McLauqhlin to adopt Ordinance 1697 as read bv the Citv Attornev. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone None Nays: 16. Council considered naming a chairman for La Porte Centennial Celebration committee. Councilperson McLaughlin nominated Lou Lawler for Chairman. Councilperson Clarke nominated Pat Muston for Chairman. A vote was taken and Lou Lawler received 6 votes, as follows: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Skelton and Mayor Malone; Pat Muston received one vote, as follows: Councilperson Clarke. 21. There being no further business to come before the Council, the meeting was duly adjourned at 9:10 P.M. ~11ZZ Cherie Black, City Secretary e Minutes, Regular Meeting, La Porte city council June 11, 1990, Page 7 Passed & Approved this the 25th day of June, 1990 ff:::Y~M~~:- e e e ~~ 0Cut-( t I ) 19qD MINUTES OF THE SPECIAL CALLED MEETING LA PORTE CITY COUNCIL MAY 21, 1990 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of ci tv Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of citv Council Absent: None Members of citv Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant city Manager John Joerns, Assistant to the City Manager Janie Bais, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, purchasing Manager/Human Resources Manager Louis Rigby, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, MIS Manager Larry Mabe Others Present: Pat Menard and representatives from Revenue Collections department; KPMG Peat Marwick representatives; John Black, Bayshore Sun; 20 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the Special Called meeting held May 7, 1990. Motion was made bv Councilperson Skelton to approve the Mav 7 minutes as presented. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, " Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 4. Mayor Malone named Pat Menard of the Revenue Collections department as Employee of the Quarter for March, April and May, 1990. Pat was presented with a plaque. 5. Finance Director Jeff Litchfield presented Council with the 1989 Comprehensive Annual Financial Report and briefly reviewed it for Council. He then introduced the auditors, Bud Gesinger and Brenda Justice. Mr. Gesinger addressed Council to express his pleasure at working with the City again. o () ~. ~~ Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 2 6. The following citizens addressed Council: (1) Mr. Eugene Abbott, regarding sanitary sewer service to a business outside La Porte City Limits; (2) Mr. Charlie Hinds, requesting a cap be put on the spending of funds to fight Houston Chemical Services permit application and to report that he had contacted the County and sidewalks were being put in from Valley View to the intermediate school; (3) Ms. Diwanna Zapalac, requesting that the City look into recycling and requesting a committee to study the issue be formed; (4) Mr. Gerald Kudla, thanking council for their work done to oppose the incinerator; (5) Ms. Jodie Seeger, requesting recycling be considered and encouraging Council to continue opposing the HCS permit application; (6) Ms. Lisa Honeycutt, asking for help with a tree located in front of La Porte Hardware; (7) Ms. Jo Davis, representing citizens for a Quality Environment, thanking council for their work to oppose HCS permit application and urging that they continue to do so. At this time, Council adjourned into executive session at 6:28 P.M. to discuss two items: (1) Legal - Meet with attorney to receive report regarding Houston Chemical Services, Inc./Southern Ionics, Inc.; (2) Conference - Meet with City Manager regarding agreement for temporary sanitary sewer service by and between the City of La Porte and Abbott Development Company. Council returned to the table at 8:03 P.M. 7. Council considered an ordinance approving and authorizing an agreement for temporary sanitary sewer service by and between the City of La Porte and Abbott Development corporation. This ordinance had been tabled at the meeting of April 23 by councilperson Porter. ' " i Motion was made bv Councilperson Porter to brinq this ordinance back to the table. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. , i ". ~ I , I Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: This item had been discussed in executive session in regard to Mr. Abbott's report and review of the letter from the City of Deer Park's City Manager, Ron Crabtree. No action was taken, but the City Manager was directed to visit with the Deer Park City Manager regarding the agreement. o o , ) ..- '.....!!. Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 3 Mr. Herrera will visit with Mr. Abbott. The City Council asked that the information provided to Mr. Abbott include: (1) that we will seek restitution for any back charges that are due the City of La Porte; (2) that the City Manager of La Porte visit with the City Manager of Deer Park and develop an interlocal agreement whereby services can be provided to the two businesses that Mr. Abbott is seeking service for; (3) we will seriously entertain a contract with Mr. Abbott for him to tie on to the existing four-inch line for sewer services for a period of two years, and we include language (in the contract) that would limit the amount of flow through the four-inch line going to the City of La Porte. 8. Council considered an ordinance amending Ordinance 1000, designating the areas where beer for consumption on the premises may be sold and prohibiting the sale elsewhere. The City Attorney read: ORDINANCE 1000-Z - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING THE SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. (This ordinance was for Kathy's Pizza.) Motion was made bv Councilperson Clarke to adopt Ordinance 1000-Z as read bv the citv Attornev. Second by Councilperson Porter. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Sutherland, Cooper" Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilperson Skelton , "01 9. Council considered an ordinance naming a Mayor Pro Tem. Mavor Malone consideration Matuszak. submitted Councilperson Alton Porter for as Mavor Pro Tern. Second by Councilperson The City Attorney read: ORDINANCE 1702 - AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR THE TERM MAY 21, 1990, UNTIL MAY 20, 1991; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e ....- ~ Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 4 The vote was taken, and Ordinance 1702 carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 10. Council considered an ordinance establishing rates and hours available for rentals for use of recreation centers. The ordinance was amended by Council as follows: In section 1, wording was removed and will now read "Facilities may not be rented on the following Holidays"; in section 2, part A, the first descriptive sentence was removed and the second sentence will now read "This would apply to exhibits, shows, demonstrations, seminars and other civic activities for which an admission fee is not charged, nor funds raised." The city Attorney read: ORDINANCE 1703, AS AMENDED - AN ORDINANCE ESTABLISHING THE RATES AND HOURS AVAILABLE FOR RENTALS FOR THE USE OF THE EVELYN KENNEDY CIVIC CENTER, JENNIE RILEY RECREATION CENTER, CHARLES WALKER ANNEX AND THE FAIRMONT RECREATION CENTER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Cooper to adopt Ordinance 1703 as amended. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 11. Council considered an ordinance regulating burglary and robbery alarm systems in the City of La Porte. Motion was made bv Council person Sutherland to table this item. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: e e ~ .2!11 Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 5 12. Council considered addition of one position to the Criminal Investigation Division and approval of ordinance to amend the present budget. The City Attorney read: ORDINANCE 1705 - AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF LA PORTE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, BY ADDING A CERTAIN POLICE PERSONNEL POSITION. Motion was made bv Councilperson Skelton to adopt Ordinance 1705 as read bv the citv Attornev. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 13. Council considered an ordinance making certain findings of fact under provisions of S.B. 336, Texas Local Government Code. Motion was made bv Councilperson Porter to table this item. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 14. Workshop Item: Discuss Providing an employee assistance program for City employees. Human Resources Manager Louis Rigby addressed Council regarding this item. He explained why such a program is necessary and reviewed a proposed assistance program aimed at helping employees and their dependents with many types of problems at a very reasonable cost to the City and no cost to the employee. 15. Council considered an ordinance approving an employee assistance program and approving entering into an agreement with Human Affairs International. The City Attorney read: ORDINANCE 1707 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR AN EMPLOYEES ASSISTANCE PROGRAM BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, AND HUMAN AFFAIRS INTERNATIONAL, INC.; MAKING VARIOUS FINDINGS e e .....-: ~ Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 6 AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Gav to adopt Ordinance 1707 as read bv the ci tv Attornev. Second by Councilperson Clarke. The motion carried, 8 ayes and 1 nay. Ayes: CouncilpersonsSutherland, Cooper, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Council person McLaughlin Nays: 16. Council considered approving award for purchase and installation of uninterruptable power supply for Data General computer. Motion was made by Councilperson Skelton to award the purchase and installation of uninterruptable power suppl v for Data General computer to Data General Direct in the amount of $21.583.50. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Nays: 17. Council considered approving the award of contract for water line crossings on Broadway (Loop 410) at Fairmont Parkway and "G" Street. Motion was made bv Council person Matuszak to award the contract for water line crossinqs on Broadwav at Fairmont Parkwav and "G" Street to Hubco. in the amount of $20.929.00. Second by councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 18. Council transfer of funds from general fund contingency account, and ratify and confirm budget amendment. Motion was made bv Councilperson Matuszak to approve transfer of funds in the amount of $100.000.00 from the General Fund Continqencv Account to other professional services account in the leqal division. and to ratify and confirm the $180.000.00 . . ~~ Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 7 Budqet Amendment reqarding engagement of professional consultants, approved in the December 1988 citv Council minutes. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Councilperson Gay Nays: The Mayor stated that Council had met in executive session with Brent Ryan and Charles Dippel to receive a report on Southern IonicsjHouston Chemical Services, and that no action was taken at that time. 19. Administrative Reports City Manager Bob Herrera called attention to a memorandum received from Finance Director Jeff Litchfield, informing him that another member needs to be appointed to the Audit Committee due to member Betty Waters not seeking reelection. Motion was made bv Councilperson Clarke that Councilperson McLaughlin be appointed to the Auditinq Committee. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: The city Manager thanked Council, on behalf of the City employees, for participating in and supporting the annual picnic. 20. Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. Councilperson Sutherland stated, for the record, that he is strongly opposed to the incinerator, and wished to make that clear at the start of his term of office. 21. The executive session had already been addressed. 22. There being no further business to come before the Council, the meeting was duly adjourned at 9:48 P.M. e e ..- ~ Minutes, Called Regular Meeting La Porte City Council May 21, 1990, Page 8 Respectfully submitted: Cherie Black, city Secretary Passed & Approved this the 11th day of June, 1990 Norman L. Malone, Mayor Office. of the ~yor G~ ~{J () ~~~,&o ,~.~ -~.1 ~<? r ion I!JJqrrrU!i : Nell. and Talmadge LUn.6601Ld have, .6.inc.e MalLc.h 06 1988, owned and op~ed The VoYUlt Fac.tolLY .in La Poltte.j and WHEREAS, Nell. and Talmadge no:t on1.y .6eJl.ve :the bu:t donu;t6 and c.066ee .in :the CUy, but have a..t60 .6een M:t :to .6haJte :thehr. WaILU by dona.:Ung donu..t6 :to aJLea. c.hultc.hu, c.aJte c.e.n:teJt.6, .6 erUolL cJilzen.6 glLoup.6, LLtte..e League :team.6, Abt Na:Uonai. GU1Vl.d, Seamen'.6 Cen:tvr., Botj.6 and G~ HaJLbolL, Happy HalLbOIL ApCVLtment6, rugh .6c.hooR. .6w.im :te.a.m6, The BatjhoU.6 e, Flta:teJmai. OlLdeJl. 0 b EagR.u, and othvr. olLgarUzation6; and WHEREAS, U -fA OWl. op.irUon :tha.:t The VoYUlt FadoILY'.6 donu..t6 aILe by now, wo!l1.d 6amoU.6, hav.ing been put on .6rup.6 c.om.ing hz:to BalLboWl.'.6 Cut TeJun.inai., whJ..c.h -fA no doub:t :the 1Lea..60n .60 many .6rup.6 aILe c.om.ing hz:to the T eJlJ1I,{:na1.; and WHEREAS, Nell. and Talmadge de6vr.ve lLec.ogn.ition 601L thehr. .6eJl.v.ic.u, aLthough :they aILe :too modu:t :to lLe.aLi.ze :tha.:t they aILe do.ing a 6.ine yxtbUc. 1te.R.a:UOn.6 job bOIL :the CUy :thJr.ough :thehr. geneJl.o.6Uy; and WHEREAS, the CUy Council would Uk.e :to :thank. :the LUn.66oILM nOIL :thehr. c.ontnibution.6. NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 :the CUy 06 La Poltte, do heJl.eby plLoc.R.a..im June 11, 1990, a..6 NELL ANV TALMAVGE LUNSFORV VAY .in the CUy 06 La Poltte, and c.onvey OWl. applLec..<.a.:t.<.on :to :them 60IL :thehr. eUoJc:t6. In WUnu.6 WheJl.e06, I have heJl.e.anto .6e;t my hand and c.a.u.6ed :the Se.a1. 06 :the CUy :to be a66.ixed hvr.e;to, :thi.6 :the 11:th day 06 June, 1990. NOJUnan L. Mai.one, MayolL e e Office of the Mayor G \J [b tlJ 8: /----.lfiF.:..-.:.;, '="0 ~'~"f:tI'.O~ <? r 1!JJ4rrrua: Many 06 :the. young me.n and wome.n 06 :the. S.ta.:te. 06 T e.Xct6 have. e.n.:teJl.e.d :the. -6 eJl.v,[c.e. 06 :the. Unfte.d S.ta.:tu Atune.d Foll.c.u; and WHEREAS, :thcWc. -6 e1.6 -6aCJU6,[c.e. ahd heJl.oMm have. bll.ough:t :to :the. 1l.e.aU..zcttio n 06 ill T e.xan6 06 :thcWc. 9 Il.e.a.:t woll.thi and WHEREAS, :the. Ve.:tVutn6 Land BOaJ1..d Wct6 u:taheMhe.d :to pll.ovide. a me.a.n6 601l. :the. S.ta.:te. 06 Te.xct6 :to -6how w applte.c-ia...Uon and gll.aX);tude. 601l. :the. -6 eJl.v,[c.e. and -6ac.Jvi..6,[c.e. 06 :thu e. 6ine. young me.n and wome.n; and WHEREAS, many 06 :the. young me.n and wome.n 601l. whom :the. Ve.tVutn6 Land BoaJui Wct6 Cfte.ate.d :to be.ne.6-U have. no:t avctLe.e.d :them-6 e1.vu 06 lt6 be.ne.6w, and may no:t be. AAtVte. 06 :thcWc. be.ne.6lt6 ct6 T e.Xct6 Ve.tVutn6; and WHEREAS, :the. Ve.tVutn6 Land BOaJ1..d, undvc. :the. le.adVL6fUp 06 GaJrJr.y MaMO, hct6 u:tabwhe.d a numbeJl. 06 pll.og!laJM :to innoltm all eU.g'[ble. ve.:tVutn6 06 :thcWc. Jvi..gh:t6 and be.ne.6lt6 ct6 Te.xct6 Ve.tVutn6, one. 06 wh1.c.h L6 a ve.tVutn6 a.waJl.e.nu -6 -6 e.mlnaJr. . NOW, THEREFORE, in Il.e.c.ognltion 06 :the. Te.x.a-6 Ve.tVutn6 Land BOaJ1..d' -6 e.660w :to inooJun a1.1. Te.xct6 VdVutn6 00 :the>>c. ugMA and be.ne.6ili, I, NORMAN MALONE, MAYOR 06 :the. CUy 06 La Poll.te., do hvc.e.by pltoWUm :the. we.e.~ 06 June. 17-23, 1990, :to be. TEXAS VETERANS LAND BOARD AWARENESS WEEK IN WITNESS WHEREOF, I have. heJl.e.un.:to -6 e.t my hand and ca.U6 e.d :the. S ea1. 06 :the. CUy :to be. a6 Mxe.d heJl.e.to, :thM :the. 11:th day 06 June., 1990. CITY OF LA PORTE NOJunan L. Malone., Mayoll. e . Office of the Mayor aU f1{J D ~~:09 .~ ,:~ ~ ~<? r IlJJqrrru.a: On June 1, 1863, Plluiden-t; Abtw.ham Uneabt dec1.aJl.ed .6laVe6 :to be olLeei a.nd WHEREAS, 0 n June 18, 1863, T exa.6 .6lave6 WeJl.e c.ltUed :to :theJ.Jt planta.tiOn.6 a.nd g~ven theJ.Jt olLeedomi a.nd WHERE AS, blac.k c.ommuvUtie.6 thltoug hou.t T exa.6 :tJw.cU.t1..0 na.U!:f c.e1.eblLCLte June 19 a.6 "Ema.nupa;Uon Va.!:f", OIL "Juneteenth", a.nd .6-inc.e 1980 U 11M been a.n 0 0 6~c.A.a.t S:tctte hoUda.!:f i a.nd WHEREAS, ~ng the week 00 June 11 :thJr..ough 17, 1990, blac.k c.LUzen.6 00 La. PoJt:te ha.ve .6c.hedu1.ed ma.n!:f a.cXivWe.6 :to c.e1.ebttCLte Juneteenth; a.nd WHEREAS, :the CU!:f 00 La. PoJt:te ,fA plLoud 06 the .6~grU6~ca.nt c.on.:tJU- bu;Uon.6 ma.de b!:f Lt6 bla.c.k c.LUzen.6i a.nd WHEREAS, U,fA OWl. wiJ.,h to lLec.ogrUze the glLeCLt .6:tJUde.6 bla.c.k people ha.ve made thltough :the !:feaJr..6, .6ome;t.Une6 .6bz.uggUng a.gcUn.6:t OVeJl.- whe1.mi.ng odd.6, :to giUn :the equaLi..:t!:f :the!:f de.6eJl.ve a.nd M.e mtifted :to. NOW, THEREFORE, 1, NORMAN MALONE, MAYOR 06 :the CU!:f 06 La. PoJt:te, do heJl.eb!:f pJtOc1.a.-i.m :the week 06 June 16 :thJr..ough 17, 1990, a.6 JUNETEENTH WEEK -in :the CU!:f 06 La. PoJt:te, a.nd Wl.ge ltU c.LUzen.6 to pM-ti.upCLte ~n :the ma.n!:f a.c.UvWe.6 .6c.hedu1.ed :to c.e1.ebJuU:e Juneteenth. IN WITNESS WHEREOF, 1 ha.ve heJl.eunto .set m!:f ha.nd a.nd ca.U6ed :the se.a..e. 06 :the cu.!:f :to be a.66-ixed heJl.eto, :t1U-6 :the 11:th da.!:f 06 June, 1990. CITY OF LA PORTE NOJuna.n L. Ma1.one, Ma.!:fOIL REOUES~OR CITY COUNCIL AGENDA I~ -------------------------------------------------------------------------- -------------------------------------------------------------------------- Agenda Date Requested: June 11. 1990 Requested By: Janie Bais Department: Administration x Report Resolution Ordinance Exhibits: April 16, 1990 correspondence from Mr. W. Randolph Woodard, President of la Porte Community Concert Association -------------------------------------------------------------------------- -------------------------------------------------------------------------- SUMMARY & RECOMMENDATION Last year on April 10, 1989, the City Council in conjunction with the La Porte Independent School District, united to fund a free community concert dedicated to the children of our city. The community concert, enti tIed "Sounds Like Fun", was performed by the Houston Symphony on June 14, 1989 at the Sylvan Beach Convention Center, and was attended by over 400 individuals. This is the fourth year the Houston symphony presents the "Sounds Like Fun" music festival concerts for children. These concerts are performed throughout the Houston metroplex, and in neighboring cities such as Galveston, Pasadena, Texas city, Bay town , Atascocita, and The Woodlands. Each concert is preceded by costumed characters. Symphony League volunteers dressed as "living instruments", and a "petting zoo" compo,sed of actual instruments children can touch and tryout. Children attending the concert also receive a free activity book. It is again requested that the City Council authorize funds for a free community concert designed especially for children. The total cost for the community concert is $2,275.00. This cost includes a $2,000.00 fee for the Houston Symphony and $275.00 for the rental of the convention center. If request is approved, the community concert will be held on July 10, 1990, 7:30 pm, at the Sylvan Beach Convention Center. Action Required by council: Approve or disapprove funding of free community concert. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Availability of Funds: General Fund water/Wastewater Capital Improvement General Revenue Sharing XX Other (None required) Account Number: 026-600-600-606 Funds Available: XX YES NO --------------------------------------------------------------------------- --------------------------------------------------------------------------- Approved for city Council Aqenda ~r Rob T. Herrera cit anager t/7/lb { { DATE --------------------------------------------------------------------------- --------------------------------------------------------------------------- -- ,. , ',"> I.Jl\LA PORTE .STATE BANK e e W, Randolph Woodard Chairman of the Board and Chief Executive Officer April 16, 1990 - RECEIVE. APRl Z \990 MM\AGf= F'-\ \ , - --- t -h, ,1 ~ tt . i:~ ,'.1 J,&Q (,' Ie ~ _ 10 - · Members of City Council City of La Porte, Texas Dear Councilman: As a direct result of the "Visions" effort, the City of La Porte decided in 1989 to invite the Houston Symphony to our town to a "free" concert. The Houston Symphony has for years presented a "Sounds of Symphony" in our neighboring cities like Bay town, Texas City, Clear Lake Area, etc... They have requested the same interest problems time is of to hear the "guts." that I ask the council to see if the city has it had last year. Because of scheduling the essence. As councilman however, you need Here goes..... t? Time: July 1~, 1990, Thursday - 7:30 P.M. Cost: $2,000'.00 (full Symphony is $27,000. This falls under state and federal grants) Place: the hill overlooking the Sylvan Beach Pavilion. In case of inclement weather the pavilion itself. Contact person: Tom Fay - 224-4240 Decision Time: Quickly For those of you who couldn't attend last year, a portion of the performance is dedicated to the children of the community. Members of the Symphony and the community begin some 45 minutes before the performance with entertainment especially written for the children. I would appreciate you time in reviewing this request and your timeliness in making your decision. sin7 W. Ran-Cfolph Woodard President La Porte Community Concert Association 815 Highway 146 South p. 0, Box 1457 La Parte, Texas 77571 713/471-2911 e AGREEMENT e DRAFT . THE STATE OF TEXAS S S COUNTY OF HARRIS S This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the CITY OF DEER PARK, a municipal corporation of Harris County, Texas, hereinafter referred to as "DEER PARK," WIT N E SSE T H: WHEREAS, DEER PARK is in need of potable water and sanitary sewer services for the benefit of existing businesses situated on Underwood Road within the city limits of the City of Deer Park, now being served by LA PORTE, and WHEREAS, LA PORTE is able and willing to continue to provide said water and sewer services to said businesses in DEER PARK, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act {Art. l581h, V.A.T.S.}, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: 1. LA PORTE has been supplying potable water and/or sanitary sewer service to the commercial establishments listed on Exhibit "A" attached hereto and incorporated by refe~ence herein. The list of commercial establishments on Exhibit "A" is a complete list, to the best knowledge and belief of the parties hereto. DEER PARK desires to provide water and sewer services to the subject properties in a timely manner, but is unable to do so immediately. DEER PARK has requested LA PORTE to continue to provide these services during the interim period until such services can be provided by DEER PARK. II. DEER PARK grants LA PORTE authority and permission to continue to provide water and sewer services to such properties, in accordance with the rules, regulations, tariffs, and ordinances of LA PORTE. LA PORTE shall have the authority to charge such e e -2- customers, which are outside the corporate limits of LA PORTE, at its established rate of 150% of the rates charged to LA PORTE residents for the same or similar services. In addition, LA PORTE shall have the right to take such steps as it deems appropriate to collect for water and/or sewer services previously rendered to certain of such commercial establishments in prior years, for which LA PORTE has not been paid. III. LA PORTE shall have the authority to enforce the provisions of its Industrial Waste Ordinance, and any amendments thereto, upon the water or sewer customers served by LA PORTE within DEER PARK during the term of this agreement. Further, LA PORTE shall be authorized to impose the provisions of its Plumbing Code, and its Water and Sewer Rate and Service Ordinances, upon water and/or sewer customers served by LA PORTE under the terms of this agreement, which customers are situated within DEER PARK. IV LA PORTE agrees to continue to provide water and/or sewer services to the existing commercial establishments, in DEER PARK along Underwood Road, for a two year period terminating on June 30, 1992. DEER PARK agrees to construct and place in operation, necessary facilities to serve such customers, on or before June 30, 1992. LA PORTE shall have no obligation to furnish water or sewer service to such customers, after June 30, 1992. V. DEER PARK agrees that, upon certification by LA PORTE of non payment of a sanitary sewer bill to a connection served by LA PORTE's sanitary sewer line, that DEER PARK will take enforcement action against said customer, under DEER PARK's applicable water and sewer rate and service ordinances, including disconnection of DEER PARK's water service to such connection, for failure of such customer to pay LA PORTE's sewer service charge. e -3- e DRAFT WITNESS OUR HANDS and the Seals of our respective Cities, this the 1st day of June, 1990. CITY OF LA PORTE ATTEST: BY: Norman L. Malone, Mayor City Secretary APPROVED: City Attorney CITY OF DEER PARK BY: ATTEST: , Mayor City Secretary APPROVED: City Attorney . tit DRAFT ORDINANCE NO. AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF DEER PARK FOR WATER AND SEWER SERVICE TO CERTAIN EXISTING COMMERCIAL ESTABLISHMENTS LOCATED WITHIN THE CORPORATE LIMITS OF DEER PARK, ON UNDERWOOD ROAD~ MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT~ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11th day of June, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary ~ROVED : [e/~~ Knox W. Askins City Attorney REQUES1I50R CITY COUNCIL AGENDA IT~ ========================================================================== Agenda Date Requested: June 11. 1990 Requested By: John Joerns Department: Administration XX Report Resolution Ordinance Exhibits: 1. Draft Agreement for temporary sanitary sewer service outside City Limits ========================================================================== SUMMARY & RECOMMENDATION At the May 21, 1990 meeting, City Council heard from Eugene Abbott, of Abbott Development, requesting temporary sanitary sewer service to two buildings being developed within the Deer Park city limits. After reviewing a request from Deer Park to consider an interlocal agreement, Council directed staff to prepare a draft for their consideration. The interlocal agreement establishes terms and conditions for La Porte to continue provision of water and/or sanitary sewer service to certain existing businesses within the city limits of Deer Park. That agreement has been presented for councils consideration. If approved by cities of La Porte and Deer Park, the City (La Porte) would need to consider a separate agreement, with Abbott Development, that describes terms and conditions for permitting temporary sanitary sewer service for the two additional buildings. The main features of the proposed agreement with Abbott Development are: - requires compliance with the Interlocal Agreement. - requires paYment for prior years service. - permits two additional connections to an existing sanitary sewer service line. - requires Abbott Development to pay 150% of La Porte's current utility rate. - requires customer to be bound by all applicable ordinances of the City relative to furnishing of utilities. - requires installation of sampling wells at no cost to the City. - requires delivery of permission and hold harmless agreements from all businesses connected to the sanitary sewer service line. - establishes a maximum allowable discharge from all businesses connected to the sanitary sewer line. establishes a contract term of two years (same term in proposed interlocal agreement) Action Required by Council: Consider approving agreement with Abbott Development for provision of temporary sanitary sewer service, subject to approval of the Interlocal Agreement by La Porte and Deer Park. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue sharing XXX Other (None required) Account Number: Funds Available: YES NO --------------------------------------------------------------------------- --------------------------------------------------------------------------- Approved for City Council Aqenda ROber~rrera City ager '/7/'0 ( { DATE --------------------------------------------------------------------------- --------------------------------------------------------------------------- . . REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: May 21. 1990 Requested By: Joel H. Albrecht Department: Community Develo'Pment Report Resolution x Ordinance Exhibits: Ordinance No. 1705 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION The 70th Legislature enacted the Nation's first comprehensive impact fee enabling statue in 1987, which is known as S.B. 336. Senate Bill 336 authorized municipalities to impose impact fees against new development. These fees include dedication for rights- of-way, requirements to construct capitol improvements, fees in lieu of dedication or construction, impact fees for public services, and fees or charges which are assessed against development projects to mitigate environmental or social impacts. The Bill prohibits the collected fees to be used to construct, acquire or expand any public facilities other than capital improvements identified in the capital improvement plan. The collected fees also can not be used for the repair, operation, updating, expanding or maintenance of existing or new capital improvements, facility expansion or for the administrative and operating costs of the city. The Bill further requires any existing fee or charge that was in place prior to June 20, 1987 to be replaced with an impact fee in conformance with procedural and substantive standards prescribed by the Act on or before June 20, 1990. The attached ordinance finds the City has no fees or charges in conflict with the requirements of S.B. 336. Action Required by Council: Approval of Ordinance No. 1705. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda ~~ -r: ~ Robert T. Herrera City Manager sh,(q\) Date ----------------------------------------------------------------- ----------------------------------------------------------------- e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 11. 1990 Requested By: Robert T. Herrera Department: Administration Report Resolution x Ordinance Exhibits: Ordinance No. 1708 Drug and Alcohol Abuse Policy Drug and Alcohol Abuse Program Procedures SUMMARY & RECOMMENDATION The City of La Porte has vital interest in maintaining a safe, healthful and efficient working environment. The City recognizes its obligations to its citizens for the provision of services that are free of the influence of illegal drugs and alcohol. Forward Edge, Inc. has written a drug and alcohol abuse policy and a drug and alcohol abuse program procedures manual for the City to initiate a drug testing program. If adopted, these policies would provide the City with a means of testing all applicants for employment with the City, current employees who exhibit erratic behavior or are involved in an accident, and random testing of a percentage of employees each month. The test used will be the Scott & White Profile at a cost of $35.00 per test. Action Required by Council: Pass Ordinance No.1708 and authorize City Manager to contract with Forward Edge, Inc., to provide drug testing to the City of La Porte. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes No Approved for City Council Agenda Rob Cit '(7IQO Date e e ASKINS 0. ARMSTRONG, P. C. ATTORNEYS AT LAW April 12, 1990 702 W. ,..AIRMONT PARKWAY P. O. BOX 121B LA PORTE. TEXAS 77572-1218 .1../ TELEPHONE 7134711886 ~:f' ~ TELECOPIER 713 4712047 ,r '\ ~~r 0\ ','7 . '7.1> "J{: fJ\O ?~7.. ~ ~. 'P 'i' ~ 'I .?~, ~ .(' "l !; KNOX W, ASKINS JOHN D, ARMSTRONG ~. Robert T. Herrera V::ty Manager City of La Porte Mr. Louis Rigby Director of Human Resources City of La Porte Re: Drug policy Dear Bob and Louis: I enclose draft ordinance for adoption of the drug policy, procedures, and employee assistance plan. Although the Forward Edge material includes an employee assistance plan, I understand that the City of La Porte is seeking quotations from contractors who would provide such a plan. I assume that the City will want to have the EAP in place, prior to adopting the drug and alcohol abuse policy and procedures. Please review the enclosed ordinance~ and give me your ~o~nents. Y~~very t~uly, (;?f:/~Sk ins KWA: sw Enclosure e e DRAFT ORDINANCE NO. AN ORDINANCE MAKING FINDINGS OF FACT ON THE EFFECTS OF SUBSTANCE ABUSE~ ADOPTING A DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES FOR THE CITY OF LA PORTE~ CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following findings of fact: 1. Drug use is having serious adverse effects upon a significant proportion of the national work force and results in billions of dollars of lost productivity each year. 2. The City of La Porte, as an employer, is concerned with the well-being of its employees, the successful accomplishment of its municipal government missions, and the need to maintain employee productivity. 3. The City of La Porte, as an employer, can and should show the way toward achieving a drug-free workplace through a program designed to offer drug users a helping hand and, at the same time, demonstrating to drug users and potential drug users that drugs will not be tolerated in the City workplace. 4. The profits from illegal drugs provide the single greatest source of income for organized crime, fuel violent street crime, and otherwise contribute to the breakdown of our societY7 5. The use of illegal drugs, on or off duty, by City employees is inconsistent not only with the law-abiding behavior expected of all citizens, but also with the special trust placed in such employees as servants of the public. 6. City employees who use illegal drugs, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism than their fellow employees who do not use illegal drugs. 7. The use of illegal drugs, on or off duty, by City employees impairs the efficiency of City government, undermines public confidence in City government, and makes it more difficult for other employees who do not use illegal drugs to perform their jobs effectively. The use of illegal drugs, on or off duty, by City employees also can pose a serious health and safety threat to members of the public and to other City employees. 8. The use of illegal drugs, on or off duty, by City employees in certain positions evidences less than the complete reliability, stability, good judgment that is consistent with access to sensitive information and the responsibility of City employees to protect the health and safety of its citizens, and creates the possibility of coercion, influence, and irresponsible action under pressure that may pose a serious risk to City security, the public safety, and the effective enforcement of the law. 9. City employees who use illegal drugs must themselves be primarily responsible for changing their behavior and, if necessary, begin the process of rehabilitating themselves. 10. Congress has enacted the Federal Drug Free Workplace Act, 41 U.S.C.A. S6l1, et. seq., and Drug Free Workplace Requirements for Federal Grant Recipients, 41 U.S.C.A. S702, et. seq., and regulations have been promulgated pursuant thereto. The City of La Porte is a recipient of federal grants, and is subject to the requirements of the Federal Drug Free Workplace Act, as it applies to Federal grant recipients. Among the requirements of said Federal act, is the implementation and publication of a drug-free awareness program for employees of the City of La Porte. e e ORDINANCE NO. Page 2 Section 2. The City Council of the City of La Porte hereby adopts the "Drug and Alcohol Abuse policy," and the "Drug and Alcohol Abuse Program Procedures," in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 3. All ordinances in conflict herewith are hereby repealed, to the extent of such conflict only. Specifically, and without limiting the generality of the foregoing, the City of La Porte Personnel policy Manual, as amended, as heretofore adopted by the City Council of the City of La Porte, is hereby amended to include the "Drug and Alcohol Abuse policy," and the "Drug and Alcohol Abuse Program Procedures," as adopted by this Ordinance. In the event of any conflict between the terms and provisions of the City of La Porte Personnel policy Manual, as amended, as heretofore adopted by the City Council of the City of La Porte, and the terms and provisions of this Ordinance, and the terms and provisions of the policy and procedures adopted hereby, the terms and provisions of this Ordinance and the policy and procedures adopted hereby, shall prevail, to the extent of such conflict. Section 4. If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance, or the terms and provisions of the policy and procedures adopted hereby, or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance and the policy and procedures adopted hereby are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as e e ORDINANCE NO. Page 3 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 required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this day of , 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: Knox W. Askins City Attorney . e DRUG AND ALCOHOL ABUSE POLICY 1 . POLICY 1.1 The City of LaPorte (the City) has a vital interest in maintaining a safe, healthful, and efficient working environment. Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol also poses unacceptable risks for safe, healthful, and efficient operations. 1.2 The City believes it has the right and obligation to maintain a safe, healthful, and efficient workplace for all of its employees, and to protect the City's property, information, equipment, operations and reputation. 1.3 The City recognizes its obligations to its citizens for the provision of services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug- and alcohol-free services. 1.4 The City further expresses its intent through this policy to comply with Federal and State rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol. 2 . PURPOSE 2.1 This policy outlines the goals and objectives of the City's drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program. 2.2 Under this policy, contractors who provide employee services to the City will be required to provide employees who are free of the influences of alcohol and drugs. 3. SCOPE 3.1 This policy applies to City council members; all employees, including part-time and seasonal employees, in all departments, including the volunteer police and fire departments; contract employees in designated positions; and all job applicants. e e 4. DEFINITIONS 4.1 Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. 4.2 City premises or City facilities means all property of the City including, but not limited to, the offices, facilities and surrounding areas on City-owned or leased property, parking lots, and storage areas. The term also includes City-owned or leased vehicles and equipment wherever located. 4.3 Contraband means any article, the possession of which on City premises or while on City business, causes an individual to be in violation of a City work rule or law. Contraband includes illegal drugs and alcoholic beverages, and drug paraphernalia. 4.4 Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the human body for the purpose of detecting a drug or alcohol. 4.5 Illegal drug means any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are Cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. 4.6 Legal drug means any prescribed drug or over-the- counter drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured. 4.7 Reasonable belief means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular individual is unable to satisfactorily perform due to drug or alcohol impairment. Such inability to perform may include, but is not limited to, decreases in the quality or quantity of the individual's productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. Accidents, deviations from safe working practices, and erratic conduct indicative of e e impairment are examples of "reasonable belief" situations. 4.8 Under the influence means a condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, such as urinalysis or blood analysis, and in some cases by the opinion of a layperson. 4.9 Contract employee in a designated position means a person who performs safety-sensitive or security- sensitive duties or who is hired to perform duties that are expected to extend beyond ten (10) working days. Examples of safety-sensitive duties include operation of motor vehicles, heavy equipment and machinery, and any duty that involves risk of injury to the employee, co-workers or the public. Examples of security- sensitive duties include handling or having access to money, negotiable instruments, sensitive information and similar assets that require a high degree of protection. 5 . EDUCATION 5.1 Supervisors and other management personnel are to be trained in: a. detecting the signs and behavior of individuals who may be using drugs or alcohol in violation of this policy. b. intervening in situations that may involve violations of this policy. c. recognizing the above activities as a direct job responsibility. 5.2 Employees and designated contract employees are to be informed of: a. the health and safety dangers associated with drug and alcohol use. b. the provisions of this policy. e e 6. PROHIBITED ACTIVITIES 6.1 Legal Drugs a. The undisclosed use of any potentially impairing legal drug by any individual while performing City business or while on City premises is prohibited. However, an individual may continue to work, even though using a potentially impairing legal drug if City management has determined, after consulting with the City's health and/or personnel officials, that such use does not pose a threat to safety and that the using individual's job performance will not be significantly affected. Otherwise, the individual may be required to take leave of absence or comply with other appropriate action as determined by City management. b. An individual whose medical therapy requires the use of a potentially impairing legal drug must report such use to his or her supervisor prior to the performance of City business. The supervisor who is so informed will contact the City's designated personnel officials for guidance. Many legal drugs, although prescribed, are not potentially impairing, e.g., birth control pills. c. The City at all times reserves the right to judge the effect that a potentially impairing legal drug may have upon work performance and to restrict the using individual's work activity or presence at the workplace accordingly. d. It will be the responsibility of any individual using a potentially impairing legal drug to inquire of his her physician as to the effect that such a drug may have upon the individual's ability to perform, and to report to the individual's supervisor the use of any legal drug that has been determined by the individual's physician to be potentially impairing. 6.2 Illegal Drugs and Alcohol a. The use, sale, purchase, transfer, or possession of an illegal drug or alcohol by any individual while on City premises or while performing City business is prohibited. Provided however, this does not prohibit consumption of alcohol on City premises when served under permit. 7. DISCIPLINE 7.1 Any individual who possesses or uses illegal drugs on City premises or while on City business will be discharged or disbarred from the workplace. e e 7.2 Any individual who distributes, sells, attempts to sell, attempts to purchase, or transfers illegal drugs on City premises or while on City business will be discharged or disbarred from the workplace and a report made to law enforcement authorities. 7.3 Any individual who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including discharge or disbarment from the workplace. 7.4 Any individual who is found to be in possession of drug paraphernalia or other contraband items in violation of this policy will be subject to discipline up to and including discharge or disbarment from the workplace. 7.5 Any individual who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be subject to discipline up to and including discharge or disbarment from the workplace. An employee who is discharged for having in his or her body system a detectable amount of an illegal drug may at the end of one year reapply for employment and be considered, along with other applicants, for whatever jobs might be available consistent with the individual's qualifications. A former employee so hired will be subject to periodic, unannounced drug testing, and a confirmed positive test finding will result in discharge without benefit of re- hire. 7.6 Any individual who is found through alcohol testing to have in his or her body system a volume of alcohol which indicates legal intoxication in accordance with the standard blood alcohol concentration (BAC) test as recognized by the State of Texas criminal law will be subject to discipline up to and including discharge or disbarment from the workplace. 7.7 Any individual who is convicted of a drug-related felony crime, whether committed on or off duty, will be discharged or disbarred from the workplace. 8. DRUG AND ALCOHOL TESTING OF JOB APPLICANTS 8.1 All applicants for employment will be subject to drug and alcohol testing. 8.2 An applicant must pass the drug test to be considered for employment. e e 8.3 An applicant will be notified of the City's drug and alcohol testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre- employment process. 8.4 If an applicant refuses to take a drug or alcohol test, or if evidence of the use of illegal drugs or alcohol by an applicant is discovered, either through testing or other means, the pre-employment process will be terminated. 9. TESTING OF EMPLOYEES AND CONTRACT EMPLOYEES 9.1 The City will notify employees and designated contract employees of this policy by providing to each individual a copy of the policy, announcing the policy in various written communications, and making presentations at employee meetings and other suitable forums. 9.2 The City may perform drug or alcohol testing: a. Of any individual who manifests "reasonable belief" behavior. b. Of any individual who is directly involved in an accident which results in property damage or personal injury. An individual who is directly involved in an accident is any individual whose order, action, or failure to act is determined to be or cannot be ruled out as a causative factor in the events leading to or causing the accident. c. Of any individual on a random basis. Random selection will be performed through an unbiased computer-generated process operated by a third party contractor. d. Of any employee who is enrolled in or who has completed a City-approved rehabilitation maintenance program. The frequency of such rehabilitation testing will not be less than once per month and the length of the testing program for the employee will not extend beyond two years. 9.3 The City will conduct random drug and alcohol testing of a designated percentage of the workforce at a frequency determined by City management. 9.4 An individual's consent to submit to drug or alcohol testing is required as a condition of employment and the individual's refusal to consent may e e result in disciplinary action, including discharge or disbarment from the workplace, for a first refusal or any subsequent refusal. 9.5 An individual will be required immediately before supplying a urine specimen for drug and alcohol testing to identify all recently ingested medications, foods or other substances that could affect laboratory analysis of the supplied specimen. 9.6 An individual who is tested in a "reasonable belief" situation may be suspended pending receipt of written tests results and whatever inquiries may be required. 10. APPEAL OF A DRUG OR ALCOHOL TEST RESULT 10.1 An individual whose drug or alcohol test is reported positive will be offered the opportunity of a meeting to offer an explanation. The purpose of the meeting will be to determine if there is any reason that a positive finding could have resulted from some cause other than drug or alcohol use. The City, through its health and/or personnel officials, will judge whether an offered explanation merits further inquiry. 10.2 An employee whose drug or alcohol test is confirmed as positive will be offered the opportunity to obtain and independently test, at the employee's expense, the remaining portion of the urine specimen that yielded the positive result. 10.3 During the period of an appeal and any resulting inquiries, the employment status of an individual may be suspended. An employee who is suspended pending appeal will be suspended without pay but will be permitted to use any available annual leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay. 10.4 If an employee's appeal is upheld, the employee will be reinstated with back pay and will be reimbursed for any independent drug testing costs that may have been experienced incident to the appeal. 11. EMPLOYEE ASSISTANCE 1l.1 Rehabilitative assistance may be granted to an employee who requests such assistance provided that the employee: e e a. has not received notification to report for alcohol or drug testing authorized by this policy, and b. has not been identified as a violator nor is under investigation for a violation of this policy, and c. has agreed to enter and complete the City- approved rehabilitation maintenance program. 11.2 Rehabilitative assistance may also be granted in lieu of discharge to an employee who has been found to be in violation of this policy provided that the: a. the policy violation does not involve selling or distributing drugs or serious misconduct related to drugs, and b. the employee has agreed to enter and complete the City-approved rehabilitation maintenance program. 11.2 An employee who has met the qualifications for rehabilitative assistance will be given the opportunity to enter into a City-approved one-year rehabilitation maintenance program. Failure to enter the rehabilitation maintenance program or to complete the program according to the prescribed program schedule are grounds for discharge. 11.3 Participation in the rehabilitation maintenance program will be during times that will not conflict with the employee's work time, except that the employee may use any available sick leave or annual leave to be absent from the job with pay. 11.4 Assistance given by the City will be: a. Limited to those medical benefits that may be available in the employee's medical benefits plan. b. Limited to rehabilitation programs that have been pre-approved by the City. 11.5 The City will provide to any employee, upon request and at no cost to the employee, information concerning local resources that are available for the diagnosis and treatment of drug and alcohol related problems. 12. AMNESTY 12.1 Random drug testing will not be conducted during a period of forty-five days immediately following the effective date of this policy. The purpose of an amnesty is to allow individuals who are using drugs or e e alcohol to discontinue use without fear of detection by unannounced testing. 12.2 During the amnesty period any employee who seeks employee assistance related to drug or alcohol use will be allowed to participate in a City-approved rehabilitation maintenance program. 12.3 Amnesty will not apply to drug or alcohol testing of job applicants or to individuals involved in "reasonable belief" situations. 13. INSPECTIONS AND SEARCHES 13.1 The City may conduct unannounced general inspections and searches for drugs or alcohol on City premises or in City vehicles or equipment wherever located. Individuals are expected to cooperate. 13.2 A search may include the examination of personal vehicles on City property, lockers, purses, lunch boxes, clothing and other items in the personal control of the individual. The searching technique may be aided by drug detection dogs. 13.3 Search of an individual and his or her personal property may be made when there is reasonable belief to conclude that the individual is in violation of this policy. 13.4 An individual's consent to a search is required as a condition of employment and the individual's refusal to consent may result in disciplinary action, including termination of employment, even for a first refusal. 13.5 Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances which cannot be identified as an illegal drug by a layman's examination will be turned over to a forensic laboratory for scientific analysis. 13.6 Other forms of contraband, such as firearms, explosives, and lethal weapons, will be subject to seizure during an inspection or search. An individual who is found to possess contraband on City property or while on City business will be subject to discipline up to and including discharge. 13.7 If an individual is the subject of a drug-related investigation by the City or by a law enforcement e e agency, the individual may be suspended pending completion of the investigation. 14. CONFIDENTIALITY 14.1 All information relating to drug or alcohol testing or the identification of persons as users of drugs and alcohol will be protected by the City as confidential unless otherwise required by law, overriding public health and safety concerns, or authorized in writing by the persons in question. e e DRUG AND ALCOHOL ABUSE PROGRAM PROCEDURES I. Purpose A. The purpose of these procedures is to implement the provisions of the City's Drug and Alcohol Abuse Policy. B. These procedures will assist in the maintenance of a safe, healthful, and efficient working environment for all employees. II. Definitions A. As used in these procedures: "Alcohol" means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. "Aliquot" means a portion of a specimen used for testing. "Biological testing" or "chemical testing" or "drug testing" means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the human body for the purpose of detecting a drug or alcohol. "Chain of custody" means procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. These procedures shall require that an approved chain of custody form be used from time of collection to receipt by the laboratory and that upon receipt of the laboratory an appropriate laboratory chain of custody formes) account for the sample or sample aliquots within the laboratory. Chain of custody forms shall, at a minimum, include an entry documenting date and purpose each time a specimen or aliquot is handled or transferred and identifying every individual in the chain of custody. "Collection site" means a place where individuals present themselves for the purpose of providing body fluid or tissue samples to be analyzed for specified controlled substances. A collection site will have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the samples to a laboratory. "Collection site person" means a person who instructs and assists individuals at a collection site and who receives and makes an initial examination of the specimens provided e e by those individuals. A collection site person shall have successfully completed training to carry out this function. "City premises or City facilities" means all property of the City, including but not limited to buildings and surrounding areas on City-owned or leased property, parking lots, and storage areas. The term also includes City-owned or leased vehicles and equipment wherever located. It also includes premises where the City performs contract services. "Confirmatory test" means a second analytical procedure to identify the presence in a urine specimen of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmatory test method. "Contraband" means any article, the possession of which on City premises or while on City business, causes an individual to be in violation of a City work rule. Contraband includes illegal drugs and alcoholic beverages, and drug paraphernalia. "Controlled substances" means all substances listed on Schedules I through V of the Controlled Substances Abuse Act as those schedules may be revised from time to time. "Drug" means any substance that is a controlled substance. "Employee" means an employee, contractor, subcontractor, agent, officer, or representative of the City. "Illegal drug" means any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are Cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so- called designer drugs and look-alike drugs. "Initial test" or "screening test" or "preliminary test" means in the context of drug detection an immunoassay screen to eliminate negative urine specimens from further consideration. In the context of alcohol detection, these terms mean an analysis of breath or saliva specimens for the purpose of eliminating negative specimens from further consideration. . e "Legal drug" means any prescribed drug or over-the-counter drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured. "Medical practitioner" means a licensed physician. "Medical review officer" means a licensed physician with knowledge of drug abuse disorders. The MRO has the knowledge and medical training to interpret and evaluate an individual's po~itive test result together with his/her medical history and any other relevant biomedical information. "Possession" is meant to also include the presence in the body system of any detectable amount of drug. "Random testing" means a testing process in which selection for testing is made by a method employing objective, neutral criteria which ensures that every person subject to testing has a substantially equal statistical chance of being selected. The method does not permit subjective factors to playa role in selection, i.e., no person may be selected as the result of discretion. "Reasonable belief" means a belief that the actions or appearance or conduct of a person are indicative of the use of a controlled substance or alcohol. Such a belief is based on objective, articulable facts. A reasonable belief or "for cause" situation is any situation in which an individual's job performance is in conflict with established job standards relating to safety and efficiency. The term includes accidents, near accidents, erratic conduct suggestive of drug or alcohol use, any unsafe performance behaviors, and unexplained deviations from productivity. "Under the influence" means a condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, such as urinalysis or blood analysis, and in some cases by the opinion of a layperson. "Contract employee in a designated position" means a person who performs safety-sensitive or security-sensitive duties or who is hired to perform duties that are expected to extend beyond ten (10) working days. Examples of safety- sensitive duties include operation of motor vehicles, heavy equipment and machinery, and any duty that involves risk of injury to the employee, co-workers or the public. Examples of security-sensitive duties include handling or having e e access to money, negotiable instrumnents, sensitive information and similar assets that require a high degree of protection. III. Applicability A. This policy applies to City council members; all employees, including part-time and seasonal employees, in all departments, including the volunteer police and fire departments; contract employees in designated positions; and all job applicants. B. Responsibility for carrying out these procedures rests with managers and supervisors. IV. Prohibited Activities A. Undisclosed Use of a Legal Drug 1. The undisclosed use of a potentially impa~r~ng legal drug by any individual while performing City business or while on City premises is prohibited. However, an individual may continue to work, even though using a legal drug if City management has determined, after consulting with appropriate health and/or personnel representatives, that such use does not pose a threat to safety and that the using individual's job performance will not be significantly affected. Otherwise, the individual may be required to take leave of absence or comply with other appropriate action as determined by City management. 2. An individual whose medical therapy requires the use of a potentially impairing legal drug must report such use to his or her supervisor prior to the performance of City business. The supervisor who is so informed will contact the appropriate health and/or personnel representative for guidance. Many legal drugs, although prescribed, are not potentially impairing, e.g., birth control pills. 3. The City at all times reserves the right to judge the effect that a potentially impairing legal drug may have upon work performance and to restrict the using individual's work activity or presence at the workplace accordingly. 4. An individual using a potentially impairing legal drug is required to inquire of his or her physician as to the effect that such a drug may have upon the individual's ability to perform, and to report to the individual's supervisor the use of any legal drug that has been determined by the individual's physician to be potentially impairing. e e B. Illegal Drugs and Alcohol 1. The use, sale, purchase, transfer, or possession in any detectable manner of an illegal drug or alcohol by any individual while on City premises or while performing City business is prohibited. v. Discipline A. Any individual who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on City premises or on City business will be discharged or disbarred from the workplace. B. Any individual who shows positive for an illegal drug or alcohol in a biological test conducted under the provisions of these procedures will be subject to discipline up to and including discharge or disbarment from the workplace. C. Any employee who is administered for the first time a biological test that shows positive will be allowed a one- time opportunity to enter and complete a City-approved rehabilitation maintenance program. Failure to enter or complete the program will result in discharge or disbarment from the workplace. D. Any individual who shows positive for an illegal drug after having tested positive for an illegal drug in a previous test will be discharged or disbarred from the workplace. E. Any individual who refuses to undergo a health evaluation and/or biological testing when requested to do so by the City will be subject to discipline up to and including discharge or disbarment from the workplace. F. Any individual who is found to be in possession of contraband will be subject to discipline up to and including discharge or disbarment from the workplace. G. Any individual who fails to cooperate during an investigation of a positive test result will be subject to discipline up to and including discharge or disbarment from the workplace. H. Any individual who attempts to substitute or contaminate his or her specimen to be presented for testing will be terminated. I. If an individual is the subject of a drug-related investigation by the City or by a law enforcement agency, the individual may be suspended pending completion of the investigation. e e VI. Biological Testing A. General 1. Prior to being tested, the applicant or individual to be tested will be informed in writing of the: - City's drug and alcohol testing policy; - The individual's right to refuse to undergo testing; - Consequences of refusal to undergo testing; and - Consequences of failure to pass testing. 2. The person to be tested will be asked to acknowledge receipt and understanding of the notice. 3. No individual may be compelled to provide specimens for drug or alcohol testing. However, refusal to provide specimens can result in discipline, up to and including discharge or disbarment from the workplace for employees or contractors, and termination of the employment process for applicants. 4. A failure to cooperate in the drug testing process will be regarded as a refusal to provide a specimen and may result in discipline up to and including termination. 5. Any individual who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be subject to discipline up to and including discharge or disbarment from the workplace. 6. Any applicant who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be dropped from further consideration as a job candidate. 7. Individuals and applicants who are referred to testing will be provided instructions for reporting to the designated site for collection of specimens. The collection site in most instances will be the collection vendor's clinic. In some instances, such as in connection with unannounced random testing, the collection site may be at a City work location. 8. Individuals who are referred to testing will be given instructions to be prepared to produce at the collection site a form of photographic personal identification (such as a State of Texas driving license), and to name or describe any medication or potentially cross-reacting food substances ingested in the previous 30 days. e e 9. The specimen collection vendor and/or drug testing laboratory will be instructed to release test results to designated City officials and/or agents of the City. 10. All information relating to drug or alcohol testing or the identification of persons as users of drugs and alcohol will be protected as confidential unless otherwise reqUired by law, overriding public health and safety concerns, or authorized in writing by the person in question. 1l. Any person whose drug or alcohol test is reported positive will be offered the opportunity of a private meeting to offer an explanation. The principal purpose of the meeting will be to determine if there is any reason that a positive finding could have resulted from a cause other than drug or alcohol use. The City, through its health and/or personnel officials, will judge whether an offered explanation merits further inquiry. 12. During the period of an appeal and any resulting inquiries, the pre-employment process for applicants will be placed on hold and the employment status of an employee or designated contractor may be suspended. An employee who is suspended pending appeal will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay. 13. If an employee's appeal is upheld, the employee will be reinstated with back pay and will be reimbursed for any independent drug testing costs that may have been experienced incident to the appeal. 14. An employee whose drug or alcohol test is reported positive will be offered the opportunity to obtain and independently test, at the employee's expense, the remaining portion of the urine specimen that yielded the positive result. 15. Records pertaining to the City's drug testing program will be maintained by the contract vendor that provides collection and testing services. 16. The specimen collection vendor will: - Make a positive identification of each person to be tested. - Obtain from the person to be tested a written consent for drug testing. - Obtain information pertaining to medications or possible cross-reacting food substances that were recently ingested by the person to be tested. e e - Initiate chain of custody documentation for the collected specimen and forward the specimen to the drug testing laboratory for analysis. 17. If an applicant attempts to substitute or contaminate his or her specimen to be tested, the employment process will be terminated. Discipline up to and including discharge or disbarment from the workplace will apply to an individual who attempts to substitute or contaminate his or her specimen. 18. Each individual required to submit to drug testing shall, as soon as practicable, provide the required biological specimens for testing. Failure to meet this responsibility is an offense subject to discipline up to and including discharge or disbarment from the workplace. B. Testing of Job Applicants, Employees and Contract Employees I. The City will perform biological testing of job applicants as part of the routine pre-employment process. Biological testing will also be made of employees and designated contract employees: - In reasonable cause situations. - In post-accident situations. When random or periodic testing is determined appropriate to assure safe operations. - Upon return of the individual to work following suspension, layoff or extended leave of absence. - Anytime during or following drug or alcohol rehabilitation. 2. An individual's consent to submit to biological testing is required as a condition of employment and the individual's refusal to consent may result in disciplinary action, including discharge.or disbarment from the workplace, for a first refusal or any subsequent refusal. C. Testing of Job Applicants 1. All applicants for employment are subject to drug and alcohol testing as part of the routine pre-employment selection process. 2. An applicant who declines to undergo testing or who declines to cooperate in the administration of testing will be dropped from consideration as a job candidate. e e 3. An applicant who fails the pre-employment drug or alcohol test will be dropped from consideration as a job candidate. 4. Prior to collection of a specimen, an applicant will be notified that the specimen will be tested for the presence of controlled substances. D. Reasonable Cause Testing of Individuals 1. A reasonable cause situation is a situation in which a supervisor is required by the Drug and Alcohol Abuse Policy to make a decision to test an individual whose on-duty conduct indicates impairment by a drug or alcohol. 2. A supervisor may not make a decision to refer an individual for testing in a reasonable cause situation unless the supervisor, in accordance with the Drug and Alcohol Abuse Policy, has completed training in: - Detecting the signs and behavior of persons who may be using drugs or alcohol in violation of the drug and alcohol abuse policy; - Intervening in situations that may involve violations of the policy; and - Recognizing these activities as a direct job responsibility. 3. Two supervisors, both of whom are trained in drug and alcohol use detection and intervention (as required by the City's policy) shall substantiate and concur in the decision to test an individual who is reasonably suspected of drug or alcohol use. This paragraph should not be construed to mean that both, nor even one, of the two concurring supervisors must have witnessed the behavior which gives rise to the reasonable suspicion. The requirement is for two trained supervisors to evaluate all of the available facts. 4. The decision to proceed with testing will be reported to a manager for approval. An exception to the manager approval requirement is granted when the approval cannot be obtained within the time parameters for testing, as explained elsewhere in these procedures. 5. A reasonable and articulable belief that the individual is using a drug or alcohol must be present. The belief must be supported by specific, contemporaneous physical, behavioral, or performance indicators of probable drug or alcohol use. e e 6. A supervisor participating in the joint decision to conduct reasonable cause testing will ensure that the facts of the situation are: - Capable of explanation and substantiation; - Specific, tangible, and contemporaneous; and - Indicative of probable drug or alcohol use by the individual. 7. The evidence of probable current drug or alcohol use could include any of the common indicators of impairment, e.g., stupor, excitation, slurred speech, staggering gait, loss of psychomotor control, marked changes in behavior, or the smell of alcohol. 8. Examples of unacceptable conduct that suggest drug or alcohol impairment include, but are not limited to: - Being at fault in an accident; - Engaging in violent or disruptive behavior; - Being absent from the job excessively without explanation; Engaging in unexplained erratic behavior; Making mistakes in judgment or reasoning; and - Deviating from productivity norms and safe working practices. 9. Unacceptable conduct can take many forms, but must be accompanied by indicators of impairment for it to be considered indicative of drug or alcohol use. 10. The reasonable belief determination will be made and tests for alcohol and drugs will be conducted as soon as possible following the conduct which gave rise to the reasonable belief, and in no case longer than 24 hours for indicated drug use and no longer than 4 hours for indicated alcohol use. ll. In testing for alcohol use, the individual will be administered a preliminary test that is based on the analysis of saliva or breath specimen. This preliminary test will be conducted by a contract vendor employee who must be trained in the administration of preliminary alcohol tests. 12. If the preliminary test for alcohol is positive, a blood specimen will be drawn by a contract vendor employee e e who is trained and certified in the collection of blood specimens. 13. In testing for drug use, a urine specimen will be collected from the individual. 14. The supervisor(s) involved in the reasonable cause determination will ensure that the individual is transported immediately to a collection site for collection of the necessary breath, saliva, urine or blood specimens. 15. An individual being processed for testing under these procedures will not be allowed to: - Operate a motor vehicle to or from the specimen collection site or from the place of work. Transportation for the individual will be provided by the City at the direction of the supervisor involved. - Engage in any safety sensitive activities unless and until negative test results have been received. 16. If the individual refuses to comply with the supervisor's prohibition against operation of a motor vehicle, the supervisor should call the police to report the individual as a possibly impaired driver. 17. The supervisor(s) who decides to administer reasonable cause testing will prepare an after action report that includes the facts that led to the decision to test, the steps taken to obtain testing, the names of persons who have knowledge of the situation, and other related details. 18. The documentation of the individual's conduct will be prepared and signed by the supervisor(s) within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier. 19. An individual who is tested as the result of involvement in a reasonable cause situation may be suspended without pay pending completion of whatever inquiries may be required. E. Post-accident Testing of Individuals 1. A post-accident testing situation is any situation in which an accident has resulted in a clear cut violation of a safety procedure, property damage or personal injury requiring professional medical treatment beyond first aid. 2. The individuals to be tested in a post-accident situation include any individual directly involved in the accident whose order, action, or failure to act is e e determined to be or cannot be ruled out as a causative factor in the events leading to or causing the accident. 3. The supervisor having functional responsibility for investigation of the accident shall make a timely, good faith determination as to whether the accident meets the requirements of these procedures, and if so, to take all practicable steps to have each directly involved individual tested for evidence of drug and alcohol use. 4. As soon as practicable following the accident, the supervisor will make arrangements for the directly involved individuals to provide specimens. 5. The timeframe for obtaining specimens related to drug impairment is 24 hours, and for alcohol impairment, 4 hours. 6. An individual who because of injury cannot provide a specimen at the time of the accident will provide the necessary authorization for obtaining hospital reports and other documents that would indicate involvement of drugs and alcohol. 7. An individual being processed for testing under these procedures will not be allowed to: - Operate a motor vehicle to or from the specimen collection site or from the place of work. Transportation for the individual will be provided by the City at the direction of the supervisor involved. - Engage in any safety sensitive activities unless and until negative test results have been received. 8. If the individual refuses to comply with the supervisor's prohibition against operation of a motor vehicle, the supervisor should call the police to report the individual as a possibly impaired driver. 9. The supervisor having responsibility for investigating the accident will prepare an after action report that includes the facts that led to the identification of the directly involved individuals, the steps taken to obtain testing, the names of persons who have knowledge of the situation, and other related details. E. Random (Unannounced) Testing of Individuals 1. Random testing is the unannounced testing of a percentage of individuals who have been selected for testing randomly, such as by an unbiased computer-generated technique. e e 2. Random testing will be conducted at a frequency determined by the City with no advance notice as to the date of testing, or the individuals selected for testing. At a minimum, random testing will be conducted once per month with at least 4 percent of the workforce tested each time. 3. The contract vendor that provides collection services will perform the random selection process in a manner that rules out any discretionary action by the City. The identification of individuals for random testing will be made on the basis of identifying numbers, such as social security numbers. The selection process will not include individual names. 4. An individual selected for random testing will be instructed to report to the specimen collection site without delay. 5. Failure to appear promptly at the collection site will subject the individual to discipline. An exception to discipline will be granted only when the individual presents a valid reason in writing that is supported by a written report of the individual's supervisor. VII. Collection and Analysis A. Specimen Collection 1. Any collection site designated for use in the City's drug testing program shall have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of specimens to a certified drug testing laboratory. 2. Procedures shall provide for the designated collection site to be secure. If a collection site facility is dedicated solely to urine collection, it shall be secure at all times, If a facility cannot be dedicated solely to drug testing, the portion of the facility used for testing shall be secured during drug testing. 3. Chain of custody standardized forms shall be properly executed by the authorized collection site personnel upon receipt of specimens. Handling and transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures. Every effort shall be made to minimize the number of persons handling specimens. 4. No unauthorized personnel shall be permitted in any part of the designated collection site when urine specimens are collected or stored. e e 5. Precautions shall be taken to ensure that a urine specimen not be adulterated or diluted during the collection procedure and that information on the urine bottle and in the records can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: - To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so the reservoir of water in the toilet bowl remains blue. There shall be no other source of water (e.g., no shower or sink) in the enclosure where urination occurs. - When an individual arrives at the collection site, the collection site person shall request the individual to present photo identification. If the individual does not have proper photo identification, the collection site person shall contact the supervisor of the individual, the coordinator of the drug testing program, or any other City official who can positively identify the individual. If the individual's identity cannot be established, the collection site person shall not proceed with the collection. - If the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken. - The collection site person shall ask the individual to remove any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine specimen. The collection site person shall ensure that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet. - The individual shall be instructed to wash and dry his or her hands prior to urination. After washing hands, the individual shall remain in the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the specimen. - The collection site person shall make written note of any unusual behavior or appearance. - Upon receiving the specimen from the individual, the collection site person shall determine that it contained at least 60 milliliters of urine. If there is less than 60 e e milliliters of urine in the container, the specimen will be discarded. The individual may be given a reasonable amount of liquid to drink (e.g., a glass of water) and will be asked to make a second attempt when ready. If the individual fails for any reason to provide 60 milliliters of urine, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken. - After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his or her hands. - Immediately after the specimen is collected, the collection site person shall measure the temperature of the specimen. The temperature measuring device used must accurately reflect the temperature of the specimen and not contaminate the specimen. The time from urination to temperature measurement is critical and in no case shall exceed 4 minutes. - If the temperature of a specimen is outside the range of 32.5 to 37.7 degrees Centigrade or 90.5 to 99.8 degrees Fahrenheit, that is reason to believe that the individual may have altered or substituted the specimen. An individual may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen caused by the specimen's temperature falling outside the prescribed range. - Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants. - Specimens suspected of being adulterated shall be forwarded to the laboratory for testing. - Whenever there is reason to believe that a particular individual may alter or substitute the specimen to be provided, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person. - Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. The collection site person and individual shall be present at the same time during the collection procedures. - The collection site person shall place securely on the bottle an identification label which contains the date, the individual's specimen number, and any other identifying information. - e - The individual shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her. - The collection site person shall record all information identifying the specimen. - The collection site person shall complete the chain of custody form. - The urine specimen and chain of custody should now be packaged for shipment. If the specimen is not immediately packaged for shipment, it shall be appropriately safeguarded. - While any part of the above chain of custody procedures is being performed, it is essential that the urine specimen and custody documents be under the control of the involved collection site person. If the involved collection site person leaves his or her work station momentarily, the specimen and custody form shall be taken with him or her or shall be secured. After the collection site person returns to the work station, the custody process will continue. If the collection site person is leaving for an extended period of time, the specimen shall be packaged for mailing before he or she leaves the site. 6. To the maximum extent possible, collection site personnel shall keep the individual's specimen bottle within sight both before and after the individual has urinated. 7. After the specimen is collected, it shall be properly sealed and labeled. 8. An approved chain of custody form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented on an approved chain of custody form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. B. Transportation to Laboratory 1. Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. 2. The specimens shall be placed in containers designed to minimize the possibility of damage during shipment, for example, specimen boxes or padded mailers~ and those containers shall be sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, . . the collection site supervisor shall sign and enter the date specimens were sealed in the containers for shipment. 3. The collection site personnel shall ensure that the chain of custody documentation is attached to each container sealed for shipment to the drug testing laboratory. 4. Blood specimens must be shipped in a cooled condition by any means adequate to ensure delivery within 24 hours of receipt by the carrier. Urine specimens must be shipped by an expeditious means, but need not be shipped in a cooled condition for overnight delivery. C. Analysis at the Laboratory 1. The laboratory shall test for the following major drug classes: - Cannabinoids (marijuana) - Cocaine - Opiates - Phencyclidine (PCP) - Amphetamines - Barbiturates - Methaqualone - Methadone - Benzodiazepines - Propoxyphene 2. In exam1n1ng specimens for the presence of the designated drug classes, the laboratory shall use cutoff levels that conform to recommendations of the testing systems manufacturers and/or standards of the National Institute on Drug Abuse (NIDA). 3. The initial test shall use an enzyme immunoassay, such as the enzyme multiplied immunoassay technique (EMIT). 4. All specimens identified as negative in the initial test will be not further tested and will be reported by the laboratory as negative. 5. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques. e e 6. Any specimen identified as negative in the confirmatory test will be reported by the laboratory as negative. 7. Only those specimens that have been confirmed as positive will be reported by the laboratory as positive. 8. Any observation or finding from urinalysis that is unrelated to the detection of drugs will not be recorded or reported by the laboratory. D. Reporting Results 1. The laboratory will report drug test results to the contract vendor. The contract vendor will refer each positive test result to the contract vendor's Medical Review Officer (MRO) for the purpose of determining if an alternate medical explanation exists for the positive finding. 2. The contract vendor shall report to the test results within an average of 5 working receipt of the specimen by the laboratory. results may require 10 working days. 3. The contract vendor shall report to the City as negative all specimens which are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug. City negative days after Positive test E. Long-Term Storage 1. Unless otherwise authorized in writing by the City, the drug testing laboratory shall retain and place in properly secured long-term frozen storage for a minimum of 1 year all specimens confirmed positive. 2. Within this I-year period the City may request the laboratory to retain the specimen for an additional period of time, but if no such request is received the laboratory may discard the specimen after the end of 1 year, except that the laboratory shall be required to maintain any specimens under legal challenge for an indefinite period. F. Retesting Specimens 1. Because some analytes deteriorate or are lost during freezing and/or storage, quanti tat ion for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite. e e G. Laboratory Facilities 1. Laboratory facilities shall comply with applicable provisions of any state licensure requirements and shall have the capability, at the same laboratory premises, of performing initial and confirmatory tests. VIII. Recordkeeping A. The contract vendor will maintain records of test results on behalf of the City and will ensure that all records related to the administration and results of the drug testing program are maintained for a minimum period of 5 years except that individual negative test results will be maintained for a minimum of 12 months. B. The contract vendor will retain information that will indicate only the following: - That the individual submitted to a testing. - The date and location of such testing. - The identity of the drug testing laboratory which performed the testing. - Whether the test findings were "positive" or "negative." C. The contract vendor will produce upon demand and will permit the City to examine all records related to the administration and results of testing performed. D. The contract vendor will maintain on behalf of the City an annual (calendar year) summary of the records related to the administration and results of the testing program. This summary will include, at a minimum: - The total number of tests administered; - The number of tests administered in each category (i.e., pre-emploYment, reasonable cause, post-accident, random, return to work, and rehabilitation); test; - The total number of individuals who did not pass a - The total number of individuals who did not pass a test by testing category; - The disposition of each individual who did not pass a test; e e - The number of tests performed by a laboratory that indicated evidence of a prohibited controlled substance or metabolite in the screening test in a sufficient quantity to warrant a confirmatory test; - The number of tests performed by a laboratory that indicated evidence of a prohibited controlled substance or metabolite in the confirmatory test in a sufficient quantity to be reported as a "positive" finding; and - The number of controlled substances tests that were performed by a laboratory that indicated evidence of a prohibited controlled substance or metabolite in the confirmatory test in a sufficient quantity to be reported as a "positive" finding by substance category (e.g., marijuana, cocaine, opium, PCP, or amphetamine). IX. Confidentiality A. The contract vendor will ensure that no person will obtain individual test results retained by the contract vendor and will not release individual test results of any individual to any person, without first obtaining written authorization from the tested individual. Nothing in this paragraph will prohibit the contract vendor from releasing individual test results and related information to the City. B. This section does not release an individual from the requirement to notify the City of therapeutic drug use. X. Medical Review of Positive Test Results 1. An essential part of the drug testing program will be a medical review of positive test results. A positive test result will not automatically identify an individual/applicant as having used drugs or alcohol. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of positive test results. 2. The contract vendor shall retain a licensed physician to serve as a medical review officer (MRO) for the provision of MRO services as part of the City's drug testing program. 3. The MRO will have knowledge of substance abuse disorders and will evaluate and interpret each positive test result for determining the possible existence of an alternate medical explanation. In carrying out this function, the MRO may conduct a medical interview with the individual, review the individual's medical history, or review any other relevant biomedical factors. The MRO will review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. e e 4. Before the MRO verifies a confirmed positive result for opiates, he or she shall determine that there is clinical evidence - in addition to the urine test - of illegal use of any opium, opiate or opium derivative (e.g., morphine/codeine). However, this requirement will not apply if the GC/MS confirmation testing for opiates confirms the presence of 6-monoacetylmorphine. 5. Should any question arise as to the accuracy or validity of a positive test result, the MRO will order a reanalysis of the original specimen. 6. If the MRO determines there is a legitimate medical explanation for the positive test result, the contract vendor will report the test result to the City as negative. 7. Prior to making a final decision to verify a positive test result, the MRO will offer the individual an opportunity to discuss the test result either telephonically or in person. Following verification of a positive test result by the MRO, the contract vendor will report the result to the City. 8. Any individual who has tested positive will have available as an affirmative defense, to be proven by the individual through clear and convincing evidence, that his/her use of alcohol or a drug (except for methadone) was prescribed by a licensed medical practitioner who is familiar with the individual's medical history and assigned duties. 9. If the individual is desirous of a second opinion, he or she may request a retest by an alternate laboratory, acceptable to the City, of the same specimen at the individual's expense. XI. Employee Assistance Program (EAP) A. Education and Training 1. The City will: - Provide education for employees which addresses the safety and health risks assQciated with drug and alcohol use; - Provide training for managers and supervisors which addresses the City's intervention tactics for controlling drug and alcohol use in the workplace; - Document the education and training given to employees, managers and supervisors. e e B. Referral and Treatment I. Employees who have demonstrated unacceptable job performance/conduct which may relate to drug or alcohol use may, in lieu of discharge, be referred to an external EAP contractor for diagnosis, counseling, or treatment. Depending on the diagnosis, an employee may be further referred by the EAP contractor to a City-approved rehabilitation program. 2. Employees who have been identified through drug testing as users of drugs or alcohol may, in lieu of discharge, be provided a one-time opportunity for rehabilitation. C. Rehabilitation 1. An approved rehabilitation program will be one that: - Requires total abstinence from illegal drugs or alcohol for a period of not less than 12 months. - Includes frequent, unannounced biological testing to determine adherence to the total abstinence requirement. - Provides services on an outpatient basis in a manner that will allow the employee to maintain a normal work schedule. D. Medical Insurance Benefits 1. An employee referred to diagnosis, counseling, treatment, or rehabilitation may utilize the City's medical insurance benefits to the extent that such benefits provide coverage for the services obtained. After returning to work, employees who test positive must continue in an after-care program and be subject to follow- up testing for not longer than 60 months following return to work. XII. Inspections and Searches A. The City may conduct unannounced general inspections and searches for drugs or alcohol on City premises or in City vehicles or equipment wherever located. Individuals are expected to cooperate. B. A search may include the examination of personal vehicles on City property, lockers, purses, lunch boxes, clothing and other items in the personal control of the individual. The searching technique may be aided by drug detection dogs. e e C. Search of an individual and his or her personal property may be made when there is reasonable cause to believe that the individual is in violation of the City's Drug and Alcohol Abuse Policy. D. An individual's consent to a search is required as a condition of employment and the individual's refusal to consent may result in disciplinary action, including discharge or disbarment from the workplace, even for a first refusal. E. Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances which cannot be identified as an illegal drug by a layman's examination will be turned over to a drug testing vendor for scientific analysis. F. Other forms of contraband, such as firearms, explosives, and lethal weapons, will be subject to seizure during an inspection or search. An individual who is found to possess contraband on City property or while on City business will be subject to discipline up to and including discharge or disbarment from the workplace. G. Searches will be conducted as follows: 1. A search team will be designated in advance. A team will consist of two or three persons who may be a senior person at the facility or location where the search is to be conducted, a representative of the security or human relations department, or a contract searcher. 2. A contract searcher is a professional security person hired to conduct the search. The contract searcher mayor may not utilize trained search dogs. When a contract searcher is used, the other team members will participate as observers and intervene as necessary to deal with problems. 3. In advance of the search, the team will develop a plan that takes into account such details as when and where to start, how to announce the search, how to close off the area(s) where the search will be conducted, what work operations will be suspended, and how to handle confiscated materials. 4. On the day of the search and when the team is ready to begin, a senior person at the facility will assemble the affected persons into a convenient area where they will be told that a search is to be conducted. The affected persons will receive instructions that highlight the City's policy regarding searches. An individual's right to withhold consent to a search, and the City's right to immediately e e remove such non-cons enters from the premises, will also be highlighted. 5. Each person who agrees to the search will be asked to signify consent by signing a written form prepared for this purpose. Implicit in the consent is agreement by the individual to facilitate access to the interior of the individual's personal vehicle, locker, purse, lunch box, packages or other areas or containers. 6. After the consent is obtained, the actual searching will begin. The searchers will focus on three places of interest: (1) the person, (2) the person's work station, and (3) the person's private vehicle, if it is on the premises at the time the search is announced. 7. The search of the person will be done in a private place. The individual will be asked to remove everything from pockets, purse, billfold, etc. When these have been checked, the person will be asked to raise trouser legs and roll down socks. Under no circumstances, will there be any touching of the person's body. If a female is to be searched, it will be mandatory to have a female conduct the search, and vice versa. B. After the personal search is finished, the work station and private vehicle can be searched. 9. The searchers will: - Act courteously and not subject anyone to accusations or defamatory remarks before, during or after the search. - Avoid any form of touching. - Keep a written record of who was searched. - Document in detail every incident that may lead to disciplinary action. This includes discovery of prohibited items, refusal to participate, suspicious actions, and disturbances. - Photograph the prohibited items discovered. Mark the photographs as to what they show and make them a part of a written report. - Place prohibited items in containers that are labeled or tagged so as to identify where they were found and by whom. 10. A written report of the search and its findings will be prepared. The report will at least contain: - Date, time, and place of search. e e - Names of persons found to possess or own prohibited items, specific descriptions, and places where found. - Descriptions of incidents pertaining to search refusals, disturbances, and suspicious actions. - Photographs of materials seized. - Names of searchers. 11. A search limited to one or a few persons need not wait for a full-scale unannounced search to be scheduled. Conversely, an unannounced search of all or a group of individuals will not be used as the reason for searching one or a few persons whose conduct indicates use or possession of prohibited items. H. Any type or form of search not explicitly described in these procedures is prohibited. It e NOTICE OF LEGAL DRUG USE In accordance with the City's Drug and Alcohol Abuse Policy, please be advised that I am currently taking and possessing at work the following prescription drug which has been prescribed for a valid medical purpose: Name of drug: Prescription number: Prescription date: Prescribing physician's name: Prescribing physician's phone number: This drug produces the following side effects: [] Dizziness [] Drowsiness [] Nausea Other: My use of this drug is: temporary and is expected to end on or about [ ] [ ] indefinite [ ] permanent I hereby give my consent for the above named prescribing physician to answer questions about my use of this drug. (Individual Name) (Individual Signature) (Date) e e GENERAL CONSENT TO DRUG TESTING; I have read and I understand the City's drug testing policy. I understand that my employer reserves the right to conduct drug tests, such as tests that analyze urine, and that a positive finding of such a test may subject me to disciplinary action, up to and including discharge or disbarment from the workplace. I understand that I cannot be compelled to give a specimen of my urine for the purpose of determining the presence of drugs in my body system. I also understand that if I refuse to provide such a specimen or fail to cooperate with such tests, I may be subject to disciplinary action, up to and including discharge or disbarment from the workplace. I hereby agree to provide urine specimens when requested to do so by the City, and further authorize the testing agency to disclose to my employer the results of tests made of my urine specimens. I acknowledge that, if I continue to work for the City and accept the benefits of that emploYment, the City will construe my continued emploYment as my consent to the terms of the City's drug and alcohol abuse policy and my agreement to have that policy become part of the terms and conditions of my continued emploYment. I understand that if I do not wish to be subject to the drug and alcohol abuse policy, I can resign my emploYment. (Signature of witness) (Signature of individual) (Printed name of individual) (Date) e e CONSENT TO PRE-EMPLOYMENT DRUG TEST; I understand it is the policy of the City to conduct urine tests of job applicants for the purpose of detecting drug abuse. I further understand that one of the requirements for consideration of employment with the City is the satisfactory passing of the City's urine drug test. I agree to take a urine test as part of the regular pre- employment screening conducted by the City and understand that a favorable test result does not necessarily guarantee that I will be employed by the City. If I am accepted for employment, I agree to take urine tests whenever requested by the City, and I understand that the taking of said tests is a condition of my continued employment. I also give consent to the drug testing agency to release to the City the results of any drug tests made of my urine specimens so that I may qualify for employment. At this time I hereby consent to a drug test. Signed: Print Name: Date: Witness: e e EMPLOYEE'S CONSENT TO DRUG TEST; I have read and I understand my employer's policy regarding drug abuse. I understand that it is the practice of my employer to conduct drug tests for the purpose of carrying out the policy. I understand that I cannot be compelled to give a specimen of my urine. I understand that if I give a urine specimen it will be tested for drugs. I understand that the giving of a urine specimen, when requested by my employer, is a condition of my continued employment. I understand that if a test of my urine reveals an unexplained presence of a drug, my employer may take disciplinary action against me, up to and including termination of my employment. I authorize the officers, employees and agents of the drug testing agency and my employer to communicate among themselves for official purposes my drug test results both orally and in writing, and to communicate such tests results at any judicial or administrative proceeding. I also authorize the officers, employees and agents of the drug testing agency and my employer to have continued access to my urine specimen for the purpose of any further analysis or study that may be necessary. At this time I hereby agree to give a urine specimen. Signed: Printed Name: Date: Witness: e e TEST CONSENT FOR NON-EMPLOYEES; PART I. NOTICE TO SPECIMEN DONOR City policy states that employees, contractors, subcontractors, vendors, and other non-employees working on City premises may be asked in certain situations to provide urine or blood specimens for drug testing purposes. At this time you are being asked to provide a urine or blood specimen relating to the situation checked below: [] Accident [] Random [] Other PART II. ACKNOWLEDGMENT AND CONSENT OF SPECIMEN DONOR [] Cause Based on Reasonable Belief [] Return to Employment In the past 30 days, I have taken medications that treat: [] Pain [] Muscle spasms [] Allergies [] Nervousness [] Nausea, vomiting, diarrhea [] Asthma, wheezing [] Coughing, sneezing, congestion [] Heart problems [] Weight problems [] Sleeping problems [] Depression [] Other My employment status is: [] Contractor [] Subcontractor [ ] Vendor [] Other I am employed by I understand the City is now asking me to provide a specimen of my urine or blood for drug testing. I hereby agree and also authorize the specimen collecting and testing agencies to furnish the results of the test to the City and to my employer. (Signature of Specimen Donor) (Signature of Witness) (Printed Name of Donor) (Date) e e CONSENT TO UNANNOUNCED TEST; I have read and I understand the City's policy regarding drug abuse. I understand that the purpose of the policy is to provide a safe working environment for myself and fellow employees. I understand that the City may periodically conduct unannounced urine tests; that I may be asked to provide a specimen of my urine; and that if I give a specimen it will be analyzed for the presence of drugs. I understand that if a urine test reveals an unexplained presence of a drug in my body system the City may take disciplinary action against me, up to and including termination of employment, even for a first offense. I understand that if I am asked to provide a urine specimen I am not compelled to do so. However, I also understand that the giving of a urine specimen when requested by the City is a condition of my continued employment and that I may be terminated for a failure to do so. I acknowledge that the City is at this time asking me to provide a specimen of my urine so that it may be analyzed for the presence of drugs. I hereby agree to give the specimen and consent to testing of it. Signed: Printed Name: Date: Witness: e e TEST CONSENT IN REASONABLE CAUSE AND POST-ACCIDENT SITUATIONS The City's drug abuse policy provides that an employee may be required to submit to a urine drug and/or blood plasma test (1) when the employee's performance or behavior on the job would cause a reasonable person to believe that the employee is under the influence of a chemical substance, such as drugs or alcohol, or (2) when an employee has been directly involved in an accident resulting in property damage or personal injury. Reasonable cause has been shown to believe that you may be under the influence of a chemical substance, or that you have been directly involved in an accident resulting in property damage or personal injury. EMPLOYEE: I am aware of the City's drug abuse policy referred to above. I understand that I cannot be compelled to submit to a urine or blood plasma test, but that if I refuse I may be subject to disciplinary action, including discharge or disbarment from the workplace. I understand that if the results of such tests reveal an unexplained presence of a chemical substance in my body I may be subject to disciplinary action, including discharge or disbarment from the workplace. I hereby consent to a urine and/or blood plasma test, and I give consent to the City and its agents, including the collecting and testing agencies, to disclose and discuss the results of such tests as they relate to me. I further agree to hold the City and its agents harmless from any and all liability in connection with such tests. To assist in the analysis of my urine and/or blood, please be informed that I have used on the dates indicated the following named chemical substances, legal or illegal drugs, prescription or non-prescription medicines, synthetic or look-alike drugs, or alcohol. NAME OF SUBSTANCE TAKEN: DATE LAST USED: (Date) (Signature of Employee) (Signature of Witness) (Printed Name of Employee) e e TEST CONSENT IN RETURN TO DUTY SITUATION; City policy provides that an employee suspended for having in his or her body system an unexplained presence of a prohibited substance, such as drugs or alcohol, may be required as a condition of reinstatement to enter the City- approved rehabilitation maintenance program. An element of the program may require the suspended employee to undergo, cooperate with, and successfully complete an approved course of therapy as a condition of reinstatement. Further, if reinstated, the employee may be required to remain enrolled in the program for the purpose of receiving followup, reinforcing, or maintenance therapy. If you are reinstated, you will be expected to remain free of those substances prohibited by the City's drug abuse policy, and you may from time to time be asked on an unannounced basis to provide specimens of your urine and/or blood plasma for laboratory analysis. If you refuse to provide such specimens when requested to do so or if such specimens reveal an unexplained presence of the prohibited substances, you may be subject to disciplinary action, including discharge or disbarment from the workplace. RESPONSE: I have read and understand the prov1s10ns regarding reinstatement following a violation of the City's policy on drug abuse. I agree to comply with those provisions. I specifically consent at this time to give a specimen of my urine and/or blood plasma for drug testing purposes. I also give consent to the City and its agents, including the collecting and testing agencies, to disclose and discuss the results of such testing. I further agree to hold the City and its agents harmless from any and all liability in connection with such testing. (Signature of Consenting Person) (Date) (Signature of Witness) (Printed Name of Consenter) e e CONSENT TO RELEASE TEST RESULTS; I authorize the officers, employees and agents of the drug testing laboratory, specimen collecting agency, and my employer to communicate among themselves for official purposes my drug test results both orally and in writing, and to communicate such tests results at any judicial or administrative proceeding. I also authorize the officers, employees and agents of the drug testing laboratory, specimen collecting agency, and my employer to have continued access to my urine specimen for the purpose of any further analyses or studies that may be necessary. (Signature of Consenting Person) (Date) (Signature of Witness) (Printed Name of Consenter) e e DISCLOSURE OF MEDICATION AND INGESTED SUBSTANCES; I understand that the drug test results pertaining to the analysis of a urine specimen I am about to voluntarily give can be affected by prescription medication, non,prescription medication, and some chemical and food substances such as poppy seeds. I now wish to take this opportunity to identify any substances that could affect the proper analysis of my urine specimen. In the past 30 days, I have taken the following named prescription or non-prescription medications: The above medications were taken in order to treat: [] Pain [] Muscle spasms [] Allergies [] Nervousness [] Nausea, vomiting, diarrhea [] Asthma, wheezing [] Coughing, sneezing, congestion [] Heart problems [] Weight problems [] Sleeping problems [] Depression [] Other In the past 5 days, I have ingested the following chemical or food substances: At this time I am not aware of any medications or other substances that may be in my body system which would affect the drug test I am about to take. (Date) (Signature) e e WAIVER; Place: Date: I voluntarily agree to provide a specimen of my urine so that it may be analyzed for the presence of drugs. I understand that collection of the urine specimen may be witnessed. I hereby authorize the officers, employees, and agents of the collecting and testing agencies to disclose, both orally and in writing, the test results to the designated representatives of the City. For myself and successors, assigns, heirs, and executors and administrators, I hereby release, absolve, remise, agree to save harmless, forever discharge and hold free from all harm, liability, or damage to me, the officers, employees, and agents of the collecting and testing agencies and the City from any and all suits, actions, or causes of action at law, claim, demand, or liability which have now or may ever have resulting directly, indirectly, or remotely from my providing the said urine specimen so that it may be analyzed for the presence of drugs. (Printed Name) (Signature) (Date) (Signature of Witness) IDENTIFICATION OF THE PERSON GRANTING THE WAIVER: Type of Picture ID Card Presented: Serial Number of ID Card: If no ID, Name of Person Who Vouched: e e REHABILITATION PROGRAM AGREEMENT Under provisions of the City's Drug and Alcohol Abuse policy and as a condition of my continued employment with the City, I agree to enter a City-approved program of rehabilitation. I understand that the rehabilitation program will: - Require me to totally abstain from the use of illegal drugs or alcohol for a period of riot less than 12 months. - Include frequent, unannounced biological testing to determine adherence to the total abstinence requirement. - Provide services on an outpatient basis in a manner that will allow me to maintain a normal work schedule. My agreement to enter this rehabilitation program has been made of my own free will and has not been influenced by threat or promise of reward. I have read, fully understand, and accept the above terms. Employee Name Name of Witness Signature of Witness Employee Signature Date Signed Place Signed e . CONTRACTOR'S CERTIFICATION FOR COMPLIANCE TO THE CITY OF LAPORTE DRUG AND ALCOHOL ABUSE POLICY This is to certify that the officers and operating management of have read and acknowledge understanding of and agreement with the provisions of the City of LaPorte Drug and Alcohol Abuse Policy, and the implementing procedures related thereto. This certification denotes intention to comply with the goal of the above named policy, i.e., the maintenance of a workplace free of the influences of drugs and alcohol. (Contractor's Signature) (Date) r REQUEST.r.OR CITY COJNCIL AGENDA ITE"" -- ~ Requested By: JOE SEASE JUNE 11, 1990 /!/'- I Department: FIRE Agenda Date Requested: x Report Re~olution Ordinance Exhibits: 1. HARRIS COUNTY FIRE PROTECTION CONTRACT FOR UNINCORPORATED AR~S OF THE COUNTY. SUMM~RY & RECOMMENDATION 'I ONCE AGAIN IT IS TIME TO RENEW THE ANNUAL CONTRACT WITH HARRIS COUNTY FOR THE PROTECTION OF ZONE 34 IN THE AMOUNT OF $7210.00. ZONE 34 IS THE AREA NORTH OF HIGHHAY 225 AND EAST OF BATTLEGROUND ROAD. THE FIRE DEPARTMENT RECQtv1MENDS APPROVAL OF THE CONTRACT IN THE AMOUNT OF $7210.00. Action Required by Council: APPROVE OR REJECT CONTRACT WITH HARRIS COUNTY Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: N/A Funds Available: __ YES __ NO A ouncil A e da (,(7(10 T)ATE . ."It/. . , ~" ;..'-'.cC': "'\'cifii1ti'1~~~ ~~~~:\~'~.r<{A,~~~~~.40~~"":"":~-"f~'.~~'__:::~1.~' '/ e e Agreement #4 A G R E E MEN T THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AGREEJl.1ENT, made and entered into by and between HARRIS COUNTY, a body corporate and poli tic under t11e laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an Order of the Harris County Commissioners Court, and the City of _~-1'ORT~__ a municipal corporation duly organized and existing under the laws of the State of Texas, hereinafter sometimes called "Ci ty," acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by the City. WIT N E SSE T H: WHEREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County hereinafter designated to preserve the property of the County and to preserve and protect the public health of the citizens of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is AGREED as follows: I. During the term of this agreement, the City agrees to furnish fire fighting and fire department protection services to the unincorporated areas adjoining the corporate limits of this City designated by Zone Number 34 on the official fire protection zone map of Harris County, to which reference is here made. II. Harris County agrees to pay the sum of $ 7,210.00 to the City for fire fighting and fire protection services to the unincorporated area of Harris County designated in Paragraph I of this agreement. The County agrees that said sum is to be paid to the City within thirty (30) days after the execution of this contract. e e III. The term of this agreement shall be one (l) year beginning January 1 , 19~, and ending December 31 , 19~. IV. It is hereby agreed and understood that the fire fighting and fire protection services to be furnished by the Ci ty under this agreement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment and supplies to fight all fires wi thin the said area; and answering all calls and furnishing fire fighting personnel, equipment and supplies to protect persons and property within the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. V. The City shall observe and comply wi th all Federal, State, County and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly understood that the County has the maximum sum of $ 7,210.00 specifically allocated to fully discharge its obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay the City more than the sum of $ 7,210.00 under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undertaken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the ci ty for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner, means or method in which the services are performed. -2- e e VIII. The Ci ty agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement wi thin five (5) days after the execution of this agreement. IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total number of runs made into the area of Harris County designated in Paragraph I of this agreement for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris County. Said report shall be made on the form provided by the Harris County Fire Marshal and shall be signed and certified by an officer of the City. X. In the event the parties hereto shall hold over and carry forward the services herein provided for after the expiration of this agreement without a written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this agreement but shall only create an agreement from day to day at a daily rate of N/A , which may be terminated at any time by either the County or the City. EXECUTED this the 11i1L day of j/~g.<: p CITY OF , 19 90. ATTEST: LA PORTE 7 . (!ieL~ ;)tzcL Secretary , ~ 0~ By/ ?n??~~A ~. /~ Mayo .. HARRI S COUNTY By JON LINDSAY, County JUdge -3- e e APPROVED AS TO FORM: MIKE DRISCOLL County Attorney LARRY W. HAYS Assistant County Attorney I hereby certify that funds are available in the amount of $ 7,210.00 to pay the obligation of Harris County under and within the foregoing contract. J. F. FLACK County Auditor Harris County, Texas -4- e e ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LA PORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this the day of 19 the Commissioners Court of Harris County, Texas, being duly convened at a regular meeting of the Court, upon motion of Commissioner seconded by Commissioner duly put and carried, It is ORDERED that County JUdge Jon Lindsay be, and he is hereby authorized to execute an agreement to provide fire fighting and fire protection services between Harris County and the City of LA PORTE , said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. e e REQUEST FOR CITY COUNCIL AGENDA ITEM xxx 1990 Requested By: Stev Department: Public Works Resolution Ordinance Exhibits: Proposed Contract with Coffman Associates Recommendation from the Airport Advisory Board .........................."..,"......H..h..................................,.........._.........................................................................,.....................................".....................-.....-......-.......................".........................................."...........,..........................................................................-.-....................-....... SUMMARY & RECOMMENDATION On April 23, 1990, the City of La Porte accepted a Grant Offer from the Federal Aviation Administration to perform a Master Plan Update for the La Porte Municipal Airport. The grant is in the amount of $72,000, with the City's matching share $8,000, for a total project cost of $80,000. The Airport Advisory Board Chairman formed a committee at the April 11, 1990 Board meeting to evaluate proposals. Four (4) proposals were received on April 30, 1990, and the Committee met on May 8, 1990 to discuss the proposals. Two (2) firms were identified as the top respondents, and both were interviewed on May 15, 1990. The Committee identified the firm of Coffman Associates as the best firm for the project, and the Airport Advisory Board Approved the Committee's selection at the May 15, 1990 Board meeting. The Committee reviewed the proposed contract submitted by Coffman Associates, and with minor changes in the proposed Scope of Work, recommended the adoption of the proposed contract to the Airport Advisory Board and the Federal Aviation Administration. The Airport Advisory Board, at the June 6, 1990 meeting, approved the proposed contract, and recommends the La Porte City Council approve the contract. Action Required by Council: Approve the contract with Coffman Associates to perform an Airport Master Plan Update, subject to approval by the Federal Aviation Administration, and authorize the expenditure of $8,000 for the City's 10% matching share of the project. Availability of Funds: xxx General Fund capital Improvement Other (Airport Fund) Water/Wastewater General Revenue Sharing Account Number: (N/A) Retained Earnings Funds Available: XX YES NO A Council A enda ~qQ DAT Robert City Ma CITY OF LA PORTE INTER OFFICE MEMORANDUM June 6, 1990 TO: Honorable Mayor and Council FROM: Larry Tucker, Vice Chairman Airport Advisory Board SUBJECT: Airport Master Plan Update Consultant Recommendation The Airport Advisory Board, at the April 11, 1990 meeting, formed a committee to evaluate proposals for the above referenced project. The Committee, at a meeting held May 8, 1990, identified the top two (2) respondents, and interviewed both on May 15, 1990. The Committee identified Coffman Associates as the firm best qualified, and the Committee's recommendation was approved at the May 15, 1990 Airport Advisory Board meeting. The Committee has negotiated a proposed contract with Coffman Associates, and the Board approved the proposed contract at the June 6, 1990 meeting, with the recommendation that the City Council approve the contract with Coffman Associates, subject to approval by the Federal Aviation Administration. Please give this recommendation your favorable attention. I will attend the June 11, 1990 Council Meeting to answer any questions you may have. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 11. 1990 Requested By: Recreation stan Sherwood Department: Parks & x Report Resolution Ordinance Exhibits: Interoffice memorandums from Bert Clark to stan Sherwood SUMMARY , RECOMMENDATION One of the air conditioning units at Sylvan Beach Pavilion quit working on May 19, 1990. The unit was found to have a damaged compressor which needed to be replaced. The low cost estimate for repair of the unit was submitted by Bay Refrigeration in the amount of $5,539.00. A purchase requisition was issued on May 23, 1990 and the replacement parts were ordered. , Action Required by Council: Declare emergency and authorize repairs to air conditioner at Sylvan Beach Pavilion in the amount of $5,539.00, and approve transfer of monies from fund balance (Sylvan Beach) to Capital Improvement 008-800-803-821 (Sylvan Beach) Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Account Number: 008-800-803-821 Funds Available: X- YES NO Council A enda f/7 fo DATE e e CITY OF LA PORTE PARKS AND RECREATION DEPARTMENT INTEROFFICE MEMORANDUM ***************************************************************** DATE: May 23, 1990 TO: stan Sherwood, Parks and Recreation Director FROM: Bert Clark, Parks Superintendent SUBJECT: Emergency Funds for Repair of AC at Sylvan Beach Pavilion ***************************************************************** Emergency funds are needed for the repair of one of the heating and cooling units at the Sylvan Beach Pavilion. Per your instructions, I have analyzed the operational budget (Sylvan Beach -803) with the intent of projecting which accounts will have surplus funds at the end of the fiscal year. The surplus funds would be used to repair the AC unit at the Pavilion. As a result of my analysis, I have concluded that there will be surplus funds in several accounts. However, the cost of repairing the AC unit would be appreciably more than the amount of surplus funds available in the operational budget. ~ ~ . . .. CITY OF LA PORTE PARKS AND RECREATION DEPARTMENT INTEROFFICE MEMORANDUM ***************************************************************** DATE: May 17, 1990 TO: Stan Sherwood, Parks and Recreation Director FROM: Bert Clark, Superintendent of Parks SUBJECT: AC Malfunction at Sylvan Beach Pavilion ***************************************************************** One of the AC units at the Sylvan Beach Pavilion has a compressor that must be replaced. The compressor may be replaced at a cost of $5,540.00. This price includes: compressor, freon to charge system as well as labor. The above estimate was given to me by Bay Refrigeration. Please notify me at your earliest convenience as to how you would like to pursue this matter. r-- e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 11. 1990 Requested By: Robert T. Herrera Department: Administration X Report Resolution Ordinance Exhibits: 2 Memorandums from Alex Osmond (See Attached) SUMMARY , RECOMMENDATION Sixteen (16) of the nineteen (19) greens at Bay Forest Golf Course were damaged as a result of a hard winter. These greens require replanting. Staff's recommendation is to enter into an agreement with Coastal Turf for replanting greens in the amount of $15,600.00 (104,000 sq.ft.). Also, an estimated $4,400.00 is required for materials and overtime labor making a total project cost of $20,000.00. Action Required by Council: Authorize repairs to Bay Forest Golf Course and allocate $20,000.00 from the Golf Course Budget Fund balance account to complete needed repairs. Availability of Funds: General Fund water/wastewater capital Improvement General Revenue Sharing X Other (Golf Course) Account Number: N/A Retained Earnings Funds Available: K- YES NO A~proved for citv Council Aqenda ~~~.~ Robert T. Herrera City Manager <.o\tlf~'O Date q.'-l . >- ~ 1;';) '0) <) (I " ~ \l' ~p ..,. (i ~ \ ~0 tY ( . '::[........ ~ ~~ .. -.: ~ ct- \9 ~ '" r '" ft ~ ~~? L2 u e RECEIVED JUN 4 1990 CITY OF LA PORTE CITY tv1ANAGEftS OFFICE INTER-OFFICE MEMORANDUM JUNE 4, 1990 TO: FROM: SUBJECT: Bob Herrera, City Manager A'l ex Osmond, Golf Course Manager/Pro t2Q , Golf Course Resulting from the hard freeze this past winter, golf courses in Texas have experienced damage to their bermuda grass greens. We have been inspecting Bay Forest's greens and have determined seventeen of nineteen greens are heavily damaged. To alleviate this situation we recommend the following solution, replant the seventeen greens. While we are replanting we would build small temporary greens in order to continue play. Bay Forest is not the only golf course that would be using this process. I can get a list of the courses in this shape, if requested, but I would guess seventy- five percent are experiencing this problem. Because we are waiting on some quotes for grass sprigs and a delivery time, since bermuda grass is in such a demand, I am not able to give a dollar amount at this time. I will continue to notify you on the status of the golf course and thi s particular project. AO/neb e e JUNE 5, 1990 ~-- I RECEIVED ' I J:.!~ 5 1m CITY ~ANAGERS OFFICE CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: FROM: SUBJECT: Bob Herrera, City Manager Alex Osmond, Golf Course Manager/Pro Greens at Bay Forest Golf Course : f<O~,..r till The solution to our greens at Bay Forest Golf Course is obvious. We must replant the 328 Bermuda Grass that was lost during last December's freezing temperature. I have contacted three (3) grass companies. The first one I spoke to was Hurf's Turf. They are willing to sell the bermuda grass to us, but their grass is not certified and they will not deliver or plant the grass. The second company was Milberger's Grass. They are willing to sell and plant the grass for $0.15 per sq. ft. We would have to prepare the greens for planting. They can not give us a specific date when they could start the work. Their grass is certified. Coastal Turf was the last company I called and they also quoted $0.15 per sq. ft. and they will prepare the greens for planting. Their grass is certified 328 Bermuda Grass and will commit to a June 22nd start date. My recommendation is to make an agreement with Coastal Turf to replant sixteen of the nineteen greens. The procedure for this operation will be: June 11th June 12th Begin mowing out temporary greens in the fairways Poi son the exi st i ng rye grass. Close the course for one day Continue play on the regular greens Start play on the temporary greens Coastal Turf prepare the greens for planting Plant 328 Bermuda Grass June 13-18th - June 19th June 22nd June 24-26th - After the grass is planted we estimate 8 weeks before we can begin play on the new putting surfaces. The agreement would be for 104,000 sq. ft. for $15,600.00. We estimate another $4,400.00 for materials, fertilize, chemicals and overtime labor. AO/neb e e REQUEST FOR CITY COUNCIL AGENDA ITEM _.............M..............................................................Oo.............,............,.....................................................,....,........................,..................................................,.,...................................................................-..........................-.....................................................----..--....-..--.-- Agenda Date Requested: June 11;. ),/~ Requested By: steve Gille~~ Department: Pubiic Works XXX Report Resolution Ordinance Exhibits: N/A ..........................................................................................................._......................................................,....................._................................M........................M...M..................M.M....""..............M.................................__.............-....-........-.........-".-.....--..- SlJ.MMAR X-_~Ji~COtiMENDA T I Oli Sealed bids were solicited for the demolition of the unused ground storage tank in the former Bayshore Municipal Utility District. This tank is scheduled for demolition due to its location, deterioration and expense of restoration. A new ground storage tank was constructed by the District prior to annexation. One bid was received from Proto Texas Corporation, in the amount of $9,260.00. In the past, demolition bids resulted in payment to the City in consideration of the scrap value, therefore, no funds were budgeted. It would be in the best interest of the City to reject the bid, and aggressively solicit new bids, and specifically state that the City expects payment for scrap value, less labor and equipment for demolition. Action Required by Council: Reject the bid from Proto Texas Corporation, and authorize rebid, with clear language in the bid proposal regarding payment to the City. ._..._._._......__............_......................................................M..."..........._.........._..................."..............._.....................H........_.._......_........._................................................................-.........-.......................................-.....--...--..-..--. Availability of Funds: N/A General Fund Water/Wastewater capital Improvement Other General Revenue sharing Account Number: Funds Available: YES NO .........-....................-........................................................................................................-..............".......................-.............-.-..............-.-.....................-...............................................................-.................-.......-...-..-...---. A Council A enda b r-t q 0 DATE .--.....-.........--.....-...........-............................-..........-......................................,....-.....-.....-....--......-.....................-.............-...........-..............-......................-.-..........................-..........-..-......-....--.. e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: June 11r 1990 Requested By: Joel AlbreCh~Department: Community Development X Report Resolution Ordinance Exhibits: 1. Dangerous Building Demolition Bid 2. Staff Memo ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: The City demolition of received from is $20,400.00. $17,192.00. of La Porte has received a single bid for the thirteen (13) condemned buildings. The bid was Daniel's Dump Truck Hauling. The total bid amount The amount currently budgeted for this program is Each building to be demolished was bid separately. Staff suggests deleting the following three (3) buildings from the bid: 1) 1500 Blk South Broadway 2) 200 South Fifth street 3) 314 North 6th Street Deletion of these three (3) buildings will bring the total bid down to $17,000.00 which is within the amount budgeted for this program. A staff memo is attached. This memo covers the reasons for choosing the above three (3) buildings for deletion. Recommendation: Accept demolition bid in the amount of $17,000.00. Action Required by Council: By Council vote, approve or reject bid for demolition of condemned buildings. ---------------------------------------------------------------- ---------------------------------------------------------------- Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-902-902-606 Funds Available: X Yes No Approved for City Council Agenda: G~~~ Date ----------------------------------------------------------------- ----------------------------------------------------------------- e A..) '"\ \. ,V e LIBERn.~ MUTUALtJI (.:" ~. LIBERTY ~1t,;TUAL l:\SURANCE COMPANY' LIBERTY ~IUTUAL FIRE I:\SVRA1'-;CE COMPA:-:Y LIBERTY I:\SVRANCE CORPORATION - BOSTON, MA Certificate of Insurance THIS CERTIFiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that I ROBERT DANIEL DBA DANIEL'S DUMP TRUCK HAULING P.O. BOX 832 LA PORTE, TX 77571 I Name and Address of Insured L .J is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. *The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY CERT .EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED COV.R U:-;DER W.C. LAW OF THE RODlLY INJURY RY FOLLOWI:-:G STATES: ACCIDENT WORKERS' 04/21/90 WC2-391-075838-019 TX s 100,000 EACH ACCIDE:\'T BODILY I"JVRY RY DISEASE COMPE:-;SATION s 100,000 EACH PERSON RODILY IXlURY BY DISEASE S 500,000 POLICY LIMIT LOCATIO:'-:(S) OF OPERATIONS It JOB;: (IF APPLICABLE) DESCRIPTION OF OPERATlO:'-:S NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: ~TY OF LA PORTE POBOX 1115 LA PORTE, 'IX 77571 I Producer's Name and Address WESTBROOK INSURANCE AGENCY 904 PASADENA BLVD. DEER PARK, TX 77536 ~ CERTlACATE HOLDER ~pL TYLER OFFICE This cenificate is e_UI8d by UBERTY MUTUAL INSURANCE COMPANY as respects such insurance as IS afforded by That Company, il is elleCuled by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by ThaI Com~ny, il is OllscUl8d by UBERTY INSURANCE CORPORATION as respects such insurance as ,. arrorded by That Company. BS 7455 R1 e BID PROPOSAL TO TO: HONORABLE KAYOR AND crTY OF LA FORTE, CITY OF LA COUNCIL PORTE LA PORTE. TEXAS :12i 10. DESCRIPTION PROPERTIES TO BE DEMOLISHED' 1. 2300 BLOCK OF SOUTH BRO ADWAY 2. 1500 BLOCK OF SOUTH BRO ADWAY 3. 431 NORTH BROADWAY 4. 600 BLOCK OF NORTH BROADWAY 5. 312 NORTH 1ST STREET 6. 200 SOUTH 5TH STREET 7. 323 NORTH 5TH STREET 8. 428 NORTH 5TH STREET 9. 314 NORTH 6TH STREET 10. 411 NORTH 11TH STREET TEXAS FROM: NO. OF UNITS e COMP UNIT PRICE 1 /f- k ()O,OO II ~ (Jt;7, rlO 1 /;1.. ao,OO I~OOI pO 1 J! 000, r;t? tf{)IJOf 00 1 Ie ()(J ,IlO ~()CJ,(JtJ 1 I (JOO, ()(J I (JC()' tl() 1 ^O{),(J{) ~()O ,(J{l 1 1 1 1 ;).CfJ(),OO J.,;()O(J,OO ~, goo, 00 (J." ~ ()ell 00 ::{ I ofJ{),[){J J"OO(){ PO 3,000 'et? 3, opo,OO e e r BID PROPOSAL TO CITY OF LA PORTE, TEXAS TO: HONORABLE MAYOR AND COUNCIL CITY OF LA PORTE LA PORTE, TEXAS FROM: COMP CITY - UNIT TOTAL ITEM NO. OF NO. DESCRIPTION UNITS PRICE PRICE PROPERTIES TO BE DEMOLISHED: 11. CORNER OF BAYSHORE & FORREST ST. 2 ~ (){JO,()() ~I Q p{) t 00 A. HOUSE tIl B. HOUSE /12 (J pO 12. 610 SOUTH SHADY LANE 1 ~/(){l (),(){) ~, ~ I ,\ G ~,~~ **** _ $_500.00 - 8AVT~NstATEI!:..' ~'IbIIl"'lhl (I""II f' ,I"') tlll~r"r.<:, '~ ,ANK~ C) llUl' "'11"" .!.I 1....1' IItII lilli ,..., ,..I , I : Ow 0 GX1.,' 0\t L;; ,,\ i:_.d P _.:' ;,: _ _~! '; tl 1 - CASHIER'S';iCHECK i ....""'r'~......""...IT "~J,.. e....~llll:" I- l. 0 .... b g .... II- .: l. l. JOO 2 goa.: ,- a l. l. ? j a II- 0 l. ~~u.u:~-'~~~~.~-~'" ~ ~"" . BAYTOWN II ".,.STATE :. BANK ,: Hauling , 'f ' . 1'. " P.O, BOX 7351 BAY PLAZA STATION , BAYTOWN. TEXAS 77520 713/427-5841 4-9-90 CRe ~@ e [)"~,\U A" V /~J ~/~. ~ . \~ (l, \' C,;V Danl.I's Dump Truck Hauling P.O. Box 832 La Porte. Texas 77571 ....., - 77S72-///~ ___ _ ...__' _ _~. _'~'7_"_"-' _uu No. 104694 ~ 1130 e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM MAY 25, 1990 I SUBJECT: Buildings to be deleted from demolition list TO: Mayor and City Council FROM: Joel Albrecht, Director of Community Developmen THROUGH: Robert Herrera, City Manager Staff is suggesting that three (3) buildings be deleted from the City's demolition list. The buildings are: 1) 200 South Fifth Street 2) 314 North Sixth street 3) 1500 South Broadway The first of the buildings is 200 South Fifth. This building is being demolished by the owner. At the time this memo is being written, demolition is virtually completed. The owners, in conjunction with their demolition permit, have posted a $200.00 cash bond. This bond is to be held until all demolition and clean up is completed. Should the job be abandoned before completion, the bond will more than pay for any remaining work. Based on the demolition contractor's bid, deletion of this building will represent a $200.00 savings. The second of the buildings, 314 North Sixth Street, has since the date of condemnation, been sold. The new owners have stated their intention to demolish the structure. They are currently soliciting bids for demolition of the structure. Deleting this building from the demolition list will represent a $2,000.00 savings. The final building, 1500 South Broadway, is in a relatively isolated location. The blighting influence of the building is therefore, somewhat less than that of the other buildings. Deletion of this building would represent a contract savings of $1,200.00. The building will be demolished as soon as alternate funds can be made available. Removing these three (3) buildings from the demolition list will allow an overall savings of $3,400.00. The contractor's demolition bid of $20,400.00 was higher than expected and exceeded the budgeted project funds by approximately fifteen (15) per cent. Reducing the contract amount by $3,400.00 will bring the total project cost down to $17,000.00 which is within budget. : . REQUEST F. CITY COUNCIL AGENDA ITE~ , Agenda Date Requested: JUNE 11, 1990 Requested By: JOE SEASE I#- Department: FIRE I " X Report Re~olution Ordinance '; Exhibits: 1. MEMO FROM LOUIS RIGBY 2. BID TABULATION FOR SEALED BID #0379, FOR EMERGENCY GENERATOR SUMMARY & RECOMMENDATION :j SEALED BIDS WERE OPENED APRIL 21, 1990 FOR A NATURAL GAS, 60 KW EMERGENCY GENERATOR TO REPLACE THE 30 YEAR OLD UNIT AT FIRE STATION I. FUNDS ARE ALLOCATED IN THE CURRENT BUDGET TO REPLACE THIS UNIT, BECAUSE OF IT'S AGE, MAINTENANCE COSTS, AND RELIABILITY. WE RECOMMEND AWARDING THE BID TO THE 'LoW BIDDER MEETING SPECIFICATIONS , TO WAUKESHA PEARCE INDUSTRIES, IN THE AMOUNT OF $10,950.00, WHICH IS BELOW THE BUDGETED AMOUNT OF $25,000.00. 'I I " Action Required by Council: APPROVE OR REJECT AWARDING BID. Availability of Funds: General Fund X Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: no 1-500-1)01 :-821 Funds Available: X- YES NO 'I A ouneil A e da 6~('O DATE . ..". . ., '-'e' "'''_~''~';';''''~<';'~f)'i . ,~.c-_~'I~~~:'~ ~-~~~~~\~~:10~~~~~S;;; ~I ----- T - .~'" e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM MAY 25, 1990 TO: 30e Sease, Fire Chief ~Q.,~ Louis Rigby, Purchasing Manage~ \ Sealed Bid #0379 - Emergency Generator FROM: SUB3ECT: Advertised, sealed bids #0379 for an emergency generator were opened and read on April 21, 1990. Bid requests were mailed to five suppliers with two returning bids. Low bid meeting specif ications was submitted by Waukesha Pearce Industries for a total of $10,950.00 with a 40 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LRlgr Attachment: Bid Tabulation xc: Champ Dunham, wi attachment .i .. e .# SEALED BID 110379 - WAUKESHA HARRISON EMERGENCY GENERATOR PEARCE EQUIPMENT INDUSTRIES COMPANY n -- l. EMERGENCY GENERATOR 10.950.00 11. 525.00 2. DELIVERY IN DAYS 40 90 . . . . . . e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: June 11, 1990 Requested By: Alex Osmond QO~ Department: Bay Forest Golf Course x Report Resolution Ordinance Exhibits: 1) Memo from Purchasing Manager 2) Bid ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Advertised sealed bids for underground fuel storage tanks were opened May 7, 1990. Robertson Electronics was the only bid received. After meeting with a representative, it was decided that a thousand gallon glassteel tank would be sufficient to meet the requirements. It was also decided the vapor monitoring system could be installed at a later date. The total project, as discussed, would be $18,902.84. Action Required by Council: Approve contract with Robertson Electronics for a underground fuel tank for a price of $18,902.84. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: x General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: 005-800-800-500 Funds Available: -K- Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda iifp . . 6/5/90 1986 G. O. BONDS (Golf Course) Funds remaining as of September 30. 1990 90,095 Current year revenues through 4/30/90: Interest Income 4,615 Total Available 94,710 Current Year activity through 4/30/90: Task Task FY 89-90 Approved Amended Expenses Revised Description Status Budget Extras* Budget to date Estimate Truck Complete 12,000 0 12,000 12 , 00 O(t=.st) 12,000 Cart Paths 85% 25,000 0 25,000 13,952 17,000 Pump Station -0- 12,000 0 12,000 0 12,000 Fuel Tanks Pending 10,000 8,903 18,903 0 18,903 Trees -0- 7,500 0 7,500 0 5,000 Bridges -0- 5,000 0 5,000 0 3,000 Trencher Specs. 0 25,000 25,000 0 25,000 Prepared Subtotals 71,500 33,903 105,403 Contingency 22.280 (8.903) 13.377 Totals 93,780 25,000 118,780 (25,952) 92 , 903 Summary Funds Remaining as of this report 68.758 Less Estimate of funds needed to complete tasks (66.951) Equals funds available to other tasks 1.807 * requires Council approval . . CITY OF LA PORTE INTER-OFFICE MEMORANDUM MAY 9, 1990 SUBJECT: Alex Osmond, Golf Course Manager.~~ Louis Rigby, Purchasing Manage~~~ Sealed Bid #0360 - Underground Fuel Storage Tank TO: FROM: Advertised, sealed bids #0360 for an underground fuel storage tank for Bay Forest Golf Course were opened and read on May 7, 1990. Bid requests were mailed to five installers with only one returning a bid. Attached, you will find a copy of their bid sheet that shows their prices on the various options. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Sheet xc: John Joerns " ;. . PROPOSAL LOCATION: e DESCRIPTION: Underground Fuel Storage Tank Bay Forest Golf Course, La Porte, Texas PROJECT NO.: 89-2202 UNIT ITEM DESCRIPTION NO. TOTAL 1. Installation of one (1) glassteel 1000 gallon underground fuel storage tank with suction pump dispenser, complete in place Lump Sum $20,202.84 Alt. A Installation of two (2) glassteel 1000 gallon under- ground fuel storage tank with 2 suction pump dispensers, complete in place Lump Sum $30,485.55 Alt. B Installation of one (1) double wall fiberglass 1000 gallon underground fuel storage tank with suction pump dispenser, complete in place. Lump Sum $24,826.62 (a) A 6" diameter manhole and riser located directly over the prefabricated opening which accesses the interstice of the double walls. (b) A 3/4" diameter conduit from the 6" riser to the two (2) existing 2" PVC pipes under the asphalt. The conduit is to be installed in this contract for future vapor monitoring equipment to be installed in the interstice of the double wall. All alternates shall include vapor monitor equipment to be installed in the observation well. This item will include labor, materials, and equipment necessary to complete this installation. 2. Unit Wet hole Conditions To include labor and material P-2 $7,428.59 , . e The foregoing unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 25 of the General Conditions. The bid security attached in the sum of ($ 1.010.14 ) is to become the property of the Owner in the event the contract is not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted, BY: Mav 7.1990 ~< fI~ [;2v- President DATE: (Seal - if bid is by corporation) TITLE: BUSINESS ADDRESS: 9805 Irvington TELEPHONE: 713 - 694-4548 Acknowledge Receipt of Addendum: ~o / f\ J / i\ 0.... l() ~ '\-' P-3 .. w . . BID PROPOSAL FOR UNIT PRICE CONTRACT Place: Bay Forest Golf Course Underground Fuel Storage Tank Date: 5/7/90 Project No. 89-2202 Proposal of Robertson Electronics Inc. (hereinafter called "Bidder"_)* a corporation, organized and existing under the laws of the State of Texas ,* a partnership, or an individual doing business as N/A City of La Porte (hereinafter called "Owner"). To the Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Bay Forest Golf Course Underground Fuel Storage Tank. Having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documerits, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 30 calendar days thereafter as stipulated in the Special Conditions. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereinafter as hereinafter provided in the General Conditions. * Insert corporation, partnership or individual as applicable. P-l