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HomeMy WebLinkAbout1993-05-03 Special Call Meeting MINUTES OF THE SPECIAL CALL MEETING OF LA PORTE CITY COUNCIL MAY 3, 1993 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Deotis Gay, Jack Maxwell, Jerry Clarke Members of City Council Absent: Councilpersons Bob Thrower, Alton Porter Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Planning Director Chuck Harrington, Police Chief Bobby Powell, Director of Administrative Services Louis Rigby, Fire Chief Joe Sease, Golf Pro Alex Osmond, Buyer Susan Kelley Others Present: Citizen Barbara Neal 2. The invocation was given by Mayor Malone. 3. Council considered approving minutes of the regular meeting held April 26, 1993. Motion was made by Councilperson McLaughlin to approve the April 26 minutes as presented. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Mclaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. Council canvassed votes and considered ordinance declaring results of election held May 1, 1993. The City Attorney read: ORDINANCE 93-1903 - AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 1, 1993, FOR THE ELECTION OF COUNCILPERSON-AT- LARGE-POSITION B; COUNCILPERSON DISTRICT 1; AND COUNCILPERSON DISTRICT 6; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to adopt Ordinance 93- 1903 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons, Sutherland, Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None • Minutes, Special Called Meeting, La Porte City Council May 3, 1993, Page 2 ~~ Mayor Malone asked Council if they would like to wait until Councilperson Porter arrives to administer the oaths of office. All were in agreement to wait. 5. Council considered ordinance appointing a Mayor Pro Tem for a term to begin May 3, 1993 and ending May 3, 1994. The City Attorney read: ORDINANCE 93-1904 - 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 3, 1993, UNTIL MAY 3, 1994; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 3 1993 and end May 3, 1994. Second by Councilperson Gay. Mayor Malone asked if there were other nominations. Motion was made by Councilperson Gay to accept the nomination of Councilperson Clarke by acclimation. Second by Councilperson Sutherland. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 6. Council considered ordinance approving and authorizing a contract with Dow Fencing and Supply for golf course fencing. Motion was made by Councilperson Sutherland to authorize contract with Dow Fencinq and Supply for golf course fencinc. Second by Councilperson McLaughlin. The motion carried, 4 ayes and 3 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin and Mayor Malone Nays: Councilpersons Gay, Maxwell and Clarke 7. Council considered ordinances approving and authorizing a contract with Luedemann & Associates and Dominy Ford & McPherson, Inc, for appraisals and review appraisals on City of La Port Airport Project F.A.A. 03-48-0127-06-93. (Councilperson Porter was seated at the council table at 6:10 P.M.) • Minutes, Special Called Meeting, La Porte City Council May 3, 1993, Page 3 The City Attorney read: ORDINANCE 93-1906 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LUEDEMANN & ASSOCIATES, FOR THE APPRAISAL OF PARCELS OF REAL PROPERTY TO BE ACQUIRED FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND APPROPRIATING $13,200.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The City Attorney read: ORDINANCE 93-1907 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DOMINY, FORD, & McPHERSON, TO PERFORM A REVIEW APPRAISAL OF 14 PARCELS OF REAL PROPERTY TO BE ACQUIRED FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND APPROPRIATING $9,500.00 TO FUND SAID CONTRACT; 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 by Councilperson Maxwell to adopt ordinances 93-1906 and 93-1907 as read by the Citv Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Mayor Malone administered the Oath of Office to Councilperson Alton Porter At-Large-B; Councilperson Guy Sutherland District 1; Councilperson Jerry Clarke District 6. 8. Council considered resolution authorizing City Secretary to sign forms for vehicle registration applications. Motion was made by Councilperson Clarke to approve the resolution 93-06. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None ~ ~ Minutes, Special Called Meeting, La Porte City Council May 3, 1993, Page 4 9. Council considered approving purchase of vehicle for Police Department. Motion was made by Councilperson Maxwell to purchase a replacement vehicle from Ron Craft Chevrolet. Second by Councilperson McLaughlin. The Motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone. Nays: None 10. Administrative reports. City Manager Herrera advised Council there will be a meeting in Austin on May 5 at 1:30 P.M. the 3rd Court of Appeals of Travis County will be hearing a presentation both from Texas Water Commission and Brent Ryan's firm and the firm representing Houston Chemical Services. It will not be necessary for the City of La Porte to have anyone in attendance. Once the hearing is complete it may be 30 to 60 day before the Court actually renders its final decision. City Manager Herrera also reported this Saturday, May 8, there is a Police Banquet and it will be held at the Recreation Fitness Center starting at 7:00 P.M. il. Council Action: Councilpersons Gay, Maxwell, Clarke, Sutherland, Cooper, McLaughlin, Porter and Mayor Malone brought items to Council's attention. 12. Executive Session: There was no executive session. 13. There being no further business to come before the Council, the meeting was adjourned at 6:26 P.M. Respectfull submitted: Sue Leases Cit Secretar Y Y Passed & approved this the 10th day of May, 1993 N rman L. ~~ne `~Ma or Y ORDINANCE NO. 93- 1903 • C.. ~' .~ f AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 1, 1993, FOR THE ELECTION OF COUNCILPERSON-AT- LARGE--POSITION B; COUNCILPERSON DISTRICT 1; AND COUNCILPERSON, DISTRICT 6; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 1st day of May, 1993, an election for the purpose of electing Councilperson- at-Large--Position B; Councilperson -- District 1; and Councilperson -- District 6; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the following listed persons the number of votes opposite their respective names: COIINCILPERSON AT LARGE--POSITION B Alton Porter 839 COUNCILPERSON -- DISTRICT 1 Guy Sutherland 242 COIINCILPERSON -- DISTRICT 6 144 Edward G. (Jerry) Clarke as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to-wit: ORDINANCE NO. 93-1903 COiTNCILPERSON AT LARGE--POSITION B Alton Porter COIINCILPERSON -- DISTRICT 1 Guy Sutherland COUNCILPERSON -- DISTRICT 6 Edward G. (Jerry) Clarke PAGE 2 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 3rd day of May, 1993. CITY. OF LA PORTE BY ~, :Norman L. Ma one, Mayor ATTEST: Sue Lenes City Secretary APPD: ^^ ~ ~~ Knox W. Askins City Attorney RE 8T FOR CITY COIINCIL AGEND ITEM Agenda Date Requested: May 3, 1993 Requested By: R. Herrera Department: City Manager Report Exhibits: Ordinance 93-1904 Resolution XX Ordinance SII1~II~IARY ~ RECOMMENDATION The La Porte City Charter, Section 2.05, states that "On the first Monday next following the regular municipal election....city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified." The attached ordinance appoints a member of Council as Mayor Pro Tem for the term May 3, 1993 until May 3, 1994, as mandated in the City Charter. Action Required by Council: Adopt Ordinance 93-1904 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda ~~ Robert T. Herrera City Manager ~ - 3v -~~ DATE ' t ~ ~ . ORDINANCE NO. 93-1904 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 3, 1993, UNTIL MAY 3, 1994; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The City Council of the City of La Porte hereby appoints Edward G. (Jerry) Clarke , one of its members, to serve as Mayor Pro Tem of the City of La Porte, for the term May 3, 1993, through May 3, 1994, and until his successor shall have been duly appointed and have qualified. Section 2. Said appointee shall perform all the duties of the Mayor in his absence or disability. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 4. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so ordered. PASSED AND APPROVED this the 3rd day of May, 1993. CITY OF LA PORTE i ~. . t i ~~ _ -- - ._ Norman L. Malone,-.Mayor ATTEST: Sue Lenes, City Secretary APP VE Knox W. Askins, City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 3, 1993 Requested By: Alex Osmond ~ Department: Administration Report Resolution X Ordinance Exhibits: 1) Interoffice Memorandum 2) Bid Tabulation 3) Bidders List 4) Ordinance SUMMARY & RECOMMENDATION On April 19, 1993, City staff opened sealed bids #0539 for golf course fencing. Bid requests were mailed to ten (10) vendors with four (4) returning bids. Staff is requesting this item to aid in the prevention of vandalism at the golf course. Staff recommends awarding the contract to Dow Fencing and Supply, low bidder meeting specifications for 3,200 ft. of 6 ft. fencing (chain link) to be installed at Bay Forest Golf Course. This item is not budgeted for Capital Improvement. Unforeseen circumstances have occurred this year which deserve immediate attention. Staff recommends funds be approved for this project in the following manner: $18,880 for the installation and; $ 1,000 set aside for contingency to be taken from the golf course working capital account. Action Required by Council: Approve contract as recommended by City staff. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Account Number: 028-800-811-832 Funds Available: X YES _ NO Approved for City Council Agenda Q T. ~~-h- y a~ - q 3 Robert T. Herrera Date City Manager ~ ~r'~ ,.~ ORDINANCE NO. 93-1905 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DOW FENCING AND SUPPLY, FOR THE INSTALLATION OF GOLF COURSE FENCING; APPROPRIATING $18,880.00 PLUS A CONTINGENCY OF $1,000.00 TO FUND SAID CONTRACT; 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 City Manager 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. City Council appropriates the sum of $18,880.00 plus a contingency of $1,000.00 from the Golf Course Working Capital Account to fund said contract. 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 ORDINANCE NO. 93-1905 Page 2 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 3rd day of May, 1993. ATTEST: C._.1~-~-~. Sue Lenes City Secretary APP.ROV~ ~ ,~/ r~~~~~r~ ~~~ • CITY OF LA PORTE Norman L. Malone Mayor Rffox W. 'Askins City Attorney • • CITY OF LA PORTE INTEROFFICE MEMORANDUM APRIL 19, 1993 TO: ALEX OSMOND, GOLF PRO FROM: SUSAN KELLEY, BUYER 3UBJSCT: SEALED BID ##0539 - GOLF COURSE EQUIPMENT Advertised, sealed bids #0539 - golf course fencing were opened and read on April 19, 1993. Bid requests were mailed to ten (10) vendors with four (4) returning bids. Low bid meeting specifications was submitted by Dow Fence & Supply with a total cost of $18,880 for 3,200 feet of fencing. 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. Attachment: Bid Tabulation Bid List xc: Dennis Hlavaty, Golf Course Superintendent BID TABULATION ~i BID #0539 - GOLF COURSE FENCING DESCRIPTION DOW FENCE WITHER'S FENCE JESSE FENCE HOUSTON FENCE 900 FT - 1,500 FT $6.00/FT $6.10/FT $6.25/FT $7.55/FT 1,501 FT - 2,000 FT $6.00/FT $6.10/FT $6.20/FT $7.55/FT 2,001 FT - 2,500 FT $5.90/FT $6.00/FT $6.15/FT $7.55/FT 2,501 FT - 3,200 FT $5.90JFT $5.00jFT $6.10/FT $7.55/FT TOTAL FOR 3,200 FT $18,880 $19,200 $19,520 $24,160 ~ ~ BIDDER'S LIST SEALED BID ##0539 - GOLF COURSE FENCING DOW FENCE SUPPLY HOUSTON FENCE COMPANY, INC. P.O. BOX 5370 13300 MURPHY ROAD PASADENA, TX 77508 STAFFORD, TX 77477 920-1414 499-2516 ATTN: JOSEPH DOW SEALED BID ENCLOSED FOSTER FENCE COMPANY P.O. BOX 9611b HOUSTON, TX 77213-6116 453-0165 JESSE FENCE COMPANY 12390 STATE HWY 249 HOUSTON, TX 77086 445-5100 SEALED BID ENCLOSED WITHERS FENCE COMPANY 409 WEST MAIN STREET LA PORTE, TX 77571 470-2449 ATTN: KEN WITHERS AMERICAN FENCE & SUPPLY 2215 IH INTERSTATE 45 LEAGUE CITY, TX 77573 332-0511 SEALED BID ENCLOSED MIWA FENCE COMPANY P.O. BOX 270160 HOUSTON, TX 77277 977-7879 ATTN: ARLEN REESE JEFF RAY INC. P.O. BOX 1832 STAFFORD, TX 77497-1832 261-0402 ATTN: JEFF RAY MINZE JAMES 9210 SHELL CREEK HOUSTON, TX 77064 583-1655 SEALED BID ENCLOSED ARIES FENCE CO. 2418 DUPONT PASADENA, TX 77503 998-8381 ATTN: MIKE ATTN: LARRY FOX • • REQIIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: 5-3-93 Requested By: Charles Harrington C~/Department: Planning Report Resolution X Ordinance Exhibits: 1. Contract for Appraiser 2. Contract for Review Appraiser 3. Ordinance SUMMARY & RECOMMENDATION On February 22, 1993, the City staff received proposals from Real Estate Appraisers for the purpose of appraising parcels of property to be acquired for clear zone protection at the La Porte Municipal Airport. These land purchases are a part of the Runway Extension and Improvements Projects that are currently being proposed to the Federal Aviation Administration. Following the review of the proposals, the City staff selected the firm of Luedemann & Associates to perform the appraisals in accordance with published F.A.A. guidelines. Luedemann & Associates proposes to conduct the appraisal on 14 parcels of land for a total of $13,200.00. The staff also selected the firm of Dominy, Ford, & McPherson, Inc. to perform the review appraisal in accordance with published F.A.A. guidelines. Dominy, Ford, & McPherson proposes to conduct the review appraisal on the 14 parcels for $9,500.00. The fees paid for both the appraisal and review appraisal will be eligible for reimbursement from the F.A.A. at a ratio of 90~/10~, federal/local share basis. The staff recommends approval of the contracts with Luedemann & Associates in the amount of $13,200.00 for appraisals and with Dominy, Ford, & McPherson, Inc. in the amount of $9,500.00 for review appraisals on the City of La Porte Airport Project F.A.A. #03-48-0127-06-93. Action Required by Council: Approve an ordinance authorizing the City Manager to enter into contracts with Luedemann & Associates in the amount of $13,200.00 and Dominy, Ford, & McPherson, Inc. in the amount of $9,500.00 for appraisals and review appraisals on City of La Porte Airport Project F.A.A. #03-48-0127-06-93. Availability of Funds: General Capital X Other Account No.: Funds Available: X Yes No Approved for City Council Agenda Q T. Robert T. Herrera City Manager Fund Water/Wastewater Improvements General Revenue Sharing y-a-~-q3 Date ~ • ORDINANCE NO. 93-106 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LUEDEMANN & ASSOCIATES, FOR THE APPRAISAL OF PARCELS OF REAL PROPERTY TO BE ACQUIRED FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND APPROPRIATING $13,200.00 TO FUND SAID CONTRACT; 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 City Manager 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. City Council appropriates the sum of $13,280.00 from the City of La Porte Airport Project F.A.A. Account #03-48-0127- 06-93 to fund said contract. 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 ORDINANCE NO. 93-1906 Page 2 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 3rd day of May, 1993. CITY OF LA PORTE Norman L. Ma one Mayor ATTEST: Sue Lenes City Secretary APPROVED: ~// Knox W. As ins City Attorney .~• , ~ ._ ~~_~ ~~ ORDINANCE NO. 93-1907 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DOMINY, FORD, & McPHERSON, TO PERFORM A REVIEW APPRAISAL OF 14 PARCELS OF REAL PROPERTY TO BE ACQUIRED FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND APPROPRIATING $9,500.00 TO FUND SAID CONTRACT; 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 City Manager 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. City Council appropriates the sum of $9,500.00 from the City of La Porte Airport Project F.A.A. Account #03-48-0127- 06-93 to fund said contract. 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, n considered and formally acted upon. The City Council further NO. 93- Page 2 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 3rd day of May, 1993. ATTEST: '~ <~ Sue"Lenes City Secretary APPROSLE-B,: ~' i nox W. s ins City Attorney CITY OF LA PORTE ., Norman L. Malone Mayor Appendix G REAL ESTATE APPRAISAL CONTRACT Contract No. THIS CONTRACT, made and entered into this 4th day of May 19~ by and between ( Sponsor) Ci t.y of La Porte Harris County. Texas (hereinafter referred to as the airport) and the real estate appraiser (individual, partnership, firm, corporation) residing at 5 Post Oak Park #1670 in the city of Houston State of Texas (hereinafter referred to as the contractor). In the event the contractor is a partnership, firm or corporation, the services to be rendered under this contract will be performed by the following designated appraisers whose qualifications are approved and of record with the airport owner and are employees or associates of the contractor in the performance of this contract. NAME ADDRESS Waldo S. Luedemann, Jr., ~SAI 5 Post Oak Park #1670, Houston, Texas 77027 WITNESSETH IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The contractor shall furnish to the airport a written professional opinion, adequately supported and documented, of the fair market value of certain parcels of real estate, or designated parts thereof, on all parcels listed below under paragraph 2, on the Airport Improvement Program (AIP) project number RFP #0051 in City of La Porte and, as required by the airport, the contractor shall appear in court or before court appointed commissioners as an expert witness on behalf of the airport to testify with respect to the opinion of the fair market value of each parcel appraised. 2. (a) For and in consideration of services in furnishing said appraisals, the contractor shall be paid for each parcel the sum set forth as follows: PARCEL NUMBER AMOUNT PARCEL NUMBER AMOUNT See Attachment "A" (b) For appearances in court or before court appointed commissioners, or for appearances at conferences prior to trial or for the purpose of the taking of depositions on behalf of the airport, the contractor shall be paid at the rate of $150.00 dollars 04/04/91 88 • Appendix G ($ 150.00 ) (per hour) or (~4~(X~d~Qt-) . Such rate of payment shall include all expenses incurred in rendering such services. (c) In the event the scope and character of the work as provided herein is materially changed due to substantially revised plans or additional work is required by the airport, the contractor agrees to furnish the required revisions or supplements and to perform the additional work requested by the airport in excess of that set forth in the contract, for the sum of $ 100.00 dollars per hour for the time required to prepare such revisions or to perform such additional work. (d) Statements by the contractor for payment for the aforesaid services shall be itemized and submitted to the airport. 3. The contractor shall begin work not later than the day of 19 and shall fully complete the appraisals and furnish to the airport three ( 3 ) copies of such appraisal within ( ) days after having been notified of the approval of this contract. It is fully understood and agreed that in the event the contractor shall fail to perform the work within the time herein provided, the airport may, at its sole option, consider the services of the said contractor terminated, and, upon written notice thereof by certified mail to the contractor of such termination, shall not be liable for payment for appraisals submitted after the date; provided, however, that upon application by the contractor, the airport in the event of extenuating circumstances, may, in its discretion, expressly grant in writing an extension of time to the contractor. 4. An appraisal for each parcel contracted for in this agreement shall be submitted on either the forms provided or as a complete narrative type of appraisal provided it compiles with current Federal Aviation Administration appraisal standards as set forth in Office of the Secretary of Transportation Regulations, 49 CFR Part 24 and Attachment of this contract. 5. Comparable sales data that is furnished to the contractor or is made available to it by the airport, if any, shall be personally checked and verified by the contractor as to accuracy and completeness. 6. Contractor shall abide by decisions made by the sponsor on questions concerning acceptability of any work performed on the project. All decisions made by sponsor are final. 7. Contractor shall correct any deficient work performed by him on the project and deliver corrected work to sponsor or as otherwise instructed at his own expense. Corrected work shall be delivered to the sponsor or review appraiser at sponsor office, or as instructed, within 15 days from date of request for correction of item. 04/04/91 89 Appendix G 8. (a) The airport shall have the right to terminate this contract with regard to any or all services provided for herein in the event of changes in airport plans which obviate the necessity of any such appraisal which may be involved. Such termination shall be given by the airport to the contractor by written notice by certified mail to the last known address of the contractor. In such event, the airport will be liable to the contractor for only those services which have been rendered prior to the date of mailing of such notice. (b) In the event of the termination of any or all of the work provided for under this contract, the contractor shall be paid a proportionate part of the fee provided for with regard to the particular parcels terminated in proportion to the work and services actually completed on the parcel or parcels involved as of the date of termination. (c) Upon terminat-ion of this contract, or any part thereof, for any reason provided for herein, any aZd all work actually performed by the contractor shall become the property of the airport. 9. This contract may be supplemented in the event the scope and character of the work as provided for herein is materially changed due to substantially revised plans or additional work as may be required by the airport. In such event, the supplemental contract covering only such revisions or changes as agreed upon by the contractor and the airport shall provide for equitable adjustments regarding the time of performance including such appropriate increase or decrease in the amount of compensation as was provided for in the basic contract. 10. The contractor warrants that any company or person has not been employed or. retained, other than a bona fide employee working solely for the contractor, to solicit or secure this agreement, and that payment or an agreement has not been made to pay any company firm or person, other than a bona fide employee working solely for the contractor any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the airport shall have the right to annul this agreement without liability. 11. Any dispute concerning a question of fact in connection with the work hereunder which is not otherwise disposed of by this agreement, shall be decided by the airport, subject only to an appropriate appeal to the court. 12. The contractor agrees to indemnify and save harmless the airport, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all persons, firms or corporations furnishing work, services, materials or supplies in connection with the performance of this contract, and from any and all D/ 9 0 Appendix G claims and losses occurring or corporation who may be injured performance of this contract. resulting to any person, firm or or damaged by the contractor in the 13. The parties hereto agree that the contractor, and any agents and employees of the contractor, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of the Airport. 14. This agreement is not assignable by the contractor, either in whole or in part, and no portion of the work may be sublet or transferred to any other person or persons without prior written approval of the airport. 15. The contractor shall comply with all Federal, State and local laws and ordinances applicable to the work. 16. The contractor shall execute for each parcel a Certificate of Appraiser, that complies with FAA Form 5100-41, as from time to time may hereafter be revised. 17. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, nor any alteration or variation of the terms hereof, unless made in writing between the parties hereto, shall be binding on any of the parties hereto. 18. All information contained in the appraisal, and all parts thereof, are to be treated as a privileged communication. The contractor shall take all necessary steps to insure that there will not be any information divulged concerning the appraisal except to a duly authorized representative of the airport or a duly authorized representative of the Federal Aviation Administration, or as otherwise required by court order. 19. The contractor agrees that during the performance of this contract equal employment opportunities shall be provided for all qualified persons and that there shall not be any discrimination against any employee or applicant because of race, color, sex, religion or national origin. The contractor and associated subcontractors shall comply with the Civil Rights Act of 1964 and with Executive Order No. 11246, dated September 24, 1965, or with such other executive orders and statutes concerning nondiscrimination which may from time to time hereafter, be promulgated. 20. It is agreed by and between the parties hereto that in the performance of the terms, conditions and provisions of this contract by the contractor that time is of the essence. 04/04/91 91 Appendix G ,,, 21. Contractor shall be available for consultation (including, but not limited to discussion of appraisal and market information, appraisal notes, etc) with Sponsor and Federal representatives after completion of this contract, should the need arise. Said consultation shall be contracted for by a separate agreement in accordance with sponsor policies, and shall not exceed those rates set forth in Paragraph 2(b). 22. The Owner, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. 23. Title VI Assurances: During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (a) Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination. The contractor, caith regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention'of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subcontracts Includina Procurements of Materials and Ec.XUipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (d) Information and Reports. all information and reports required by issued pursuant thereto and shall permit accounts, other sources of information, determined by the sponsor of the Federal The contractor shall provide the Regulations or directives access to its books, records, and its facilities as may be Aviation Administration to be 04/04/91 92 Appendix G pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it is or the FAA may determine to be appropriate, including, but not limited to-- (1) Withholding of payments to the contractor under the contract until the contractor complies, and/or, (2) Cancellation, termination, or suspension of the contract, in whole or in part. (f) Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES (a) Policy. It is the policy of the Department of Transportation (DOT) that DBE business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (b) DBE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts ai~a subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all 04/04/91 93 Appendix G necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate o the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove set forth. APPROVING OFFICIALS DATE SPONSOR'S REPRESENTATIVE (TYPE NAME/TITLE) SIGNATURE DATE APPRAISER (TYPE NAME/TITLE) SIGNATURE 04/04/91 94 • Appendix H REAL ESTATE APPRAISAL REVIEW CONTRACT Contract No. THIS CONTRACT, made and entered into this day of 19 by and between (hereinafter referred to as the airport) and Domin Ford & McPherson Inc. the real estate appraiser ~(in ividual, partnership, firm, corporation) residing at 855 Uvalde in the city of Houston ~ State of Texas (hereinafter, referred to as the contractor). In the event the contractor is a- partnership, firm or corporation, the services to be rendered under this contract will be performed by the following designated appraisers whose qualifications are approved and of record with the airport owner and who are employees or associates of the contractor in the performance of this contract. NAME Jerry S. Domin.v, SREA, MAI* David R. Domino, MAI* lames T. Archibald* *Al1 appraisers are State Certified General Real Estate Appraisers ADDRESS 855 Uvalde, Houston, Texas 77015 855 Uvalde, Houston. Texas 77015 855 Uvalde, Houston. Texas 77015 WITNESSETH IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The contractor shall furnish to the airport a written professional opinion, in the form of an appraisal review, as to the adequacy of appraisals prepared to estimate the fair market value of certain parcels of real estate, or designated parts thereof, on all parcels listed below under paragraph 2, on the Airport Improvement Program (AIP) project number , in 2. (a) For and in consideration of services in furnishing said appraisal reviews, the contractor shall be paid for each parcel the' sum set forth as follows: PARCEL NUMBER AMOUNT PARCEL NUMBER AMOUNT LaPorte Municipal Airport expansion $9,500 (b) Statements by the contractor for payment for the aforesaid services shall be itemized and submitted to the airport. 04/04/.91 95 C~ • Appendix H 3. Appraisal review services will be performed pursuant to the terms and conditions of all applicable federal, state, local laws, rules and regulations including, but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (p.L. 91-646,as amended) as implemented by the United States Department of Transportation in 49 C.F.R. Part 24, according to standards outlined in the "Uniform Appraisal Standards for Federal Land Acquisitions" and Attachments of this contract. The contractor will review appraisal reports according to the techniques and standards contained in the appraisal standards in Attachment A of this contract and existing state law. The term appraisal reports as used herein shall include narrative, form or value findings appraisals as may be required by the sponsor. 4. Appraisal review services will be performed by a qualified employee ~ or associate of the contractor. All review appraisers must be a qualified appraiser and meet the minimum standards as required by the sponsor. 5. The contractor shall begin work upon receipt of a formal notification by the sponsor and shall fully complete the review appraisals and furnish to the sponsor ( * ) copies of such review appraisal within ( * ) working days after having been notified of the start-up date of this contract through receipt of appraisal reports. 6. Contractor shall abide by decisions made by the sponsor on questions concerning acceptability of any work performed on the project. All decisions made by sponsor are final. 7. Contractor shall correct any deficient work performed by him on the project and deliver corrected work to sponsor at his own expense. Corrected work shall be delivered to the sponsor at sponsor office within 15 days from date of request for correction of item. 8. It is fully understood and agreed that in the event the contractor shall fail to perform the work within the time herein provided, the sponsor may, at its sole option, consider the services of the said contractor terminated, and, upon written notice thereof by certified mail to the contractor of such termination, shall not be liable for payment for appraisal reviews submitted after the date; provided, however, that upon application by the contractor, the sponsor in the event of extenuating circumstances, may, at its discretion, expressly grant in writing an extension of time to the contractor. 9. Upon receipt of appraisals from the sponsor, the contractor will perform an appraisal review of each parcel to determine that the appraisal meets the standards of Attachment~_. The contractor will b~ required to perform appraisal reviews of appraisal reports submitted by property owners when requested by the sponsor. A review of this type will receive compensation based on the parcel amount for that parcel as set forth in Paragraph 2. 04/04/91 *As Requested 9~ • Appendix H 10. After performing the appraisal review (s), the contractor will recommend to the sponsor the amount to be offered to the property owner and prepare a Review Appraisal Report and Statement of Just Compensation and certification. The contractor must sign all review appraisal reports, being responsible for the accuracy of data and opinions therein. 11. When an appraisal report is rejected by the contractor and returned to the appraiser because of error or deficiency, the contractor will be required to complete a subsequent review of the revised report without additional compensation. From time to time the contractor will be available for conferences as found necessary to discuss the appraisal aspect of the project. 12. Negotiation of mutual acceptance of major changes in the scope, character, or estimated total cost of the work to be performed will be agreeable to the sponsor and contractor as such changes become necessary as the work progresses. 13. A review appraisal for each parcel contracted for in this agreement shall be submitted on either the forms provided or as a complete narrative type of appraisal review, provided it complies with current Federal Aviation Administration appraisal review procedures as set forth in FAA Order 5100.37 and 49 CFR Part 24. 14. The contractor shall make field inspections of the comparable sales and the subject property. The conditions of the sales shall be verified with the buyer or the seller, or both, to the extent necessary to insure the accuracy of the data. Comparable sales data that is furnished to t@e contractor or.is made available to it by the sponsor, if any, shall be personally checked and verified by the contractor as to the accuracy and completeness. 15. (a) The sponsor shall have the right to terminate this contract with regard to any or all services provided for herein in the event of changes in sponsor plans which obviate the necessity of any such review appraisal which may be involved. Such termination shall be given by the sponsor to the contractor by written notice by certified mail to the last known address of the contractor. In such event, the sponsor will be liable to the contractor for only those services which have been rendered prior to the date of mailing of such notices. (b) In the eve provided for under proportionate part particular parcels actually completed termination. ant of the termination of any or all of the work this contract, the contractor shall be paid a of the fee provided for with regard to the terminated in proportion to the work and services on the parcel or parcels involved as of the date of i D/ 97 Appendix H (c) Upon termination of this contract, or any part thereof, for any reason provided for herein, any and all work actually performed by the contractor shall become the property of the sponsor. 16. This contract may be supplemented in the event the scope and character of the work as provided for herein is materially changed due to substantially revised plans or additional work as may be required by the sponsor. In such event, the supplemental contract covering only such revisions or changes as agreed upon by the contractor and the sponsor shall provide for equitable adjustments regarding the time of performance including such appropriate increase or decrease in the amount of compensation as was provided for in the basic contract. 17. The contractor warrants that no company or person has been employed or retained, other than a bona fide employee working solely for the contractor, to solicit or secure this agreement, and that payment or an agreement has not been made to pay any company firm or person, other than a bona fide employee working solely for the contractor any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the sponsor shall have the right to annul this agreement without liability. 18. Any dispute concerning a question of fact in connection with the work hereunder which is not otherwise disposed of by this agreement, shall be decided by the sponsor subject only to an appropriate appeal to the court. 19. The contractor agrees to indemnify and save harmless the sponsor, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all persons, firms, or corporations furnishing work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the contractor in the performance of this contract. 20. The parties hereto agree that the contractor, and any agents and employees of the contractor, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of the sponsor. 21. This agreement is not assignable by the contractor, eittler in whole or in part, and no portion of the work may be sublet or transferred to any other person or persons without prior written approval of the sponsor. 22. The contractor shall comply with all federal, state, and local laws and ordinances applicable to the work. 04/04/91 98 Appendix H 23. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein nor any alteration or variation of the terms hereof, unless made in writing between the parties hereto, shall be binding on any and all of the parties hereto. 24. All information contained in the appraisal(s) and review appraisal, and all parts thereof, are to be treated as a privileged communication. The contractor shall take all necessary steps to insure that there will not be any information divulged concerning the review appraisal .except to a duly authorized representative of the sponsor or a duly authorized representative of the Federal Aviation Administration, or as otherwise required by court order. 25. The Contractor shall be available for consultation (including, but not limited to discussion of appraisal, review and other market information, appraisal review notes, etc) with Sponsor and Federal representatives after completion of this contract, should the need arise. Said consultation shall be contracted for by a separate agreement in accordance with sponsor policies, and shall not exceed $_ One Hundred dollars ($ 100 ) per hour or $ dollars ($ ) per day. 26. The contractor agrees that during the performance of this contract equal employment opportunities shall be provided for all qualified persons and that there shall not be any discrimination against any employee or applicant because of race, color, sex, religion, or national origin. The contractor and associated subcontractors shall comply with the Civil Rights Act of 1964 and with Executive Order No. 11246, dated September 24, 1965, or with such other executive orders and statutes concerning nondiscrimination which may from time to time hereafter be promulgated; as set forth in Attachment I. 27. The Owner, the Federal Aviation Administration, The Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. 28. It is agreed between the parties hereto that in the performance of the terms, conditions and provisions of this contract by the contractor that time is of the essence. The contractor shall be paid one-half the payment as prescribed in Paragraph 2 above upon receipt of the review appraisal report. The balance will be paid upon the sponsor receiving evidence that the review appraisal had met all 04/04/91 99 . ,., Appendix H requirements. Payment of the balance will not be delayed more than ninety (90) days after initial receipt of the review appraisal report unless the delay results from deficiencies in the review appraisal. In the event the review appraisal reports are not received by the date agreed in above, damages shall be assessed at the rate of twenty-five dollars ($p5_n~ per day until received. 29. Title VI Assurances: During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (a) Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may he amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (d) Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor of the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 04/04/91 100 Appendix H (e) Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it is or the FAA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the contractor under the contract until the contractor complies, and/or, (2) Cancellation, termination, or suspension of the contract, in whole or in part., (f) Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall taY.e such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES (a) Policv. It is the policy of the Department of Transportation (DOT) that DBE business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (b) DBE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate o the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. 04/04/91 101 ~~ Appendix H IN WITNESS WHEREOF, the parties hereto have set their hands the day and year herein set forth. APPROVING OFFICIALS Date Sponsor Representative (Type name/title) Signature '%~ l~ David R. Domino, MAI Date Review Appraiser (type name/title) Signature 04/05/91 102 RE ST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: May 3, 1993 Requested By: R. Herrera Department: City Manager Report XX Resolution Exhibits: Resolution 93-06 SIIMMARY & RECOMMENDATION Ordinance The attached Resolution is similar to Resolution 88-2, which authorized the City Secretary to sign forms required for applications for regular license plates to be used on unmarked City vehicles. Resolution No. 93-06 is different in that it names Sue Lenes as City Secretary. The resolution is necessary in order for the Texas Department of Transportation to change their records to reflect the name of the new authorized person. A certified copy of the Resolution will be sent to the Texas Department of Transportation. Action Required by Council: Adopt Resolution 93-06 Availability of Funds: N/A General Capital Other Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda C~~k ~~ ~- a~ - ~3 Robert T. Herrera DATE City Manager RESOLUTION NO. 93-06 WHEREAS, the City of La Porte Police Department Personnel often performs official duties requiring the use of unmarked cars; and WHEREAS, the unmarking of said cars is made at the discretion of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. That the vehicles used by La Porte Police Department are exempt under V.C.S. 67oim-2 when used in the performance of official duties. Section 2. Be it further resolved that the City Council of the City of La Porte requests the Texas Department of Transportation to issue regular plates upon proper application. Section 3. Be it further resolved that the person authorized to sign forms required for such registration applications is Sue d Lenes, City Secretary of the City of La Porte. Section 4. This resolution shall be in effect from and after its date of passage. PASSED AND APPROVED this the 3rd day of May, 1993. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 3, 1993 Requested By: Bobby L. Powell Department: Police X Report Exhibits: Resolution SUMMARY & RECOMMENDATION Ordinance Criminal Investigation unit 56-19 was involved in an accident April 16, 1993. It was determined the vehicle was totaled. We checked with the local vendors and they did not have a vehicle meeting our specifications. We were referred to Ron Craft Chevrolet in Baytown who had a vehicle that will meet our specifications. State Farm Insurance Company paid $12,150.00. The remaining $63.80 will be paid from the Motor Pool Replacement Fund. This vehicle is: Year Make Model Style Color Milage Total Cost 1992 Chevrolet Lumina Euro 4dr. Blue 13,000 $12,213.80 We are requesting your permission to purchase this vehicle. ALTERNATIVE: Try to locate another vehicle to meet the specifications. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other (Motor Vehicle Fund) X Insurance Account Number: Funds Available: X YES NO Approved for City Council Agenda C~?c~~ t , t~L~;~n~.~ Lt • 3c~~ R 3 Robert T. Herrera DATE City Manager * ~ LA FORTE POLICE DEPARTMENT INTEROFFICE MEMO TO: Mr. Bob Herrera, City Manager FROM: Bobby L. Powell, Chief of Police SUBJECT: CID Vehicle Purchase DATE: April 27, 1993 Criminal Investigation unit 56-19 was involved in an accident April 16, 1993. Vehicle Maintenance determined the vehicle was totaled. We checked with the local vendors and they did not have a vehicle meeting our specifications. We were referred to Ron Craft Chevrolet in Baytown who had a vehicle that will meet our specifications. State Farm Insurance Company paid $12,150.00. The remaining $63.80 will be paid from the Motor Pool Replacement Fund. This vehicle is: Year Make Model Style Color Milaqe Total Cost 1992 Chevrolet Lumina Euro 4dr. Blue 13,000 $12,213.80 We are requesting your permission to purchase this vehicle. BLP/web