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HomeMy WebLinkAbout1999-04-12 Regular Meeting and Public Hearing . . . . MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING, OF LA PORTE CITY COUNCIL APRIL 12, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor Malone. Deotis Gay arrived at 7:00 P.M. Members of Council Absent: Councilperson Alton Porter. Members of City Executive Staff and City Emolovees Present: Assistant City Manger John Joerns, Assistant City Attorney John Armstrong, City Secretary Martha Gillett, Planning Director Doug Kneupper, Director of Administrative Services Louis Rigby, Human Resources Manager Sydney Upchurch, Parks and Recreation Director Steven Barr, Office Manager Marlene Rigby, Secretary Kay Fox, Clerk IT Tammy Kannarr, Fire Marshal Paul Hickenbottom, Acting Police Chief AITon Corrales, Purchasing Manager Susan Kelley, Chris Osten, Champ Dunham, Joe Sease, EMS Staff members. Others Present: Spero Pomonis, Marlin Fenn, and Al Fairfield. 2. Reverend Marlin Fenn delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on March 15, 1999. Motion was made bv Councilperson Sutherland to approve the minutes of the Regular Meeting on March 15. 1999 as oresented. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Young, Clarke and Mayor Malone. Nays: None Abstain: Griffiths. 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. 5. Employee for the pI quarter of 1999 (January, February, March) was presented by Fire Chief Joe Sease, to Tammy Kannarr, Clerk II for the Fire Department-Suppression Division. 6. Open Public Hearing - Mayor Malone opened the public hearing at 6:10 P.M. Review By Staff - Director of Planning Doug Kneupper presented summary and recommendation regarding Special Conditional Use Permit (SCD) # SCU99-00 1 for a . . City Council Meeting Minutes for April 12, 1999 - page 2 proposed off-site parking lot for a restaurant located a 2219 Underwood Road. The property is located within a General Commercial Zone. Public Input - There were no citizens wishing to address Council on this matter. Recommendation of Staff - The staff recommends approval of special conditional use permit # SCU 99-001 with recommended changes. Councilperson Young recommended where permit states parkinf! lot should be screened be changed to oarkinf! lot must /7v screened. Close Public Hearing - Mayor Malone closed the Public Hearing at 6:17 P.M. 7. Council considered approving Special Conditional Use Permit #SCU99-001 for an off- site parking lot for a restaurant located at 2219 Underwood. Director of Planning Doug Kneupper presented summary and recommendation. Motion was made by Councilperson Sutherland to approve the Special Conditional Use Permit with noted changes from Councilperson Young. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None Abstain: None 8. Council considered approving an ordinance authorizing the City Manager to enter an agreement with the Bud Beets Harden Koltlat Architecture for architectural services for the Police Department/Municipal Court planning study and report. Assistant City Manager John Joems presented summary and recommendation. Assistant City Attorney read: ORDINANCE 99-2317 - APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BUD BEETS HARDEN KOLFLA T ARCHITECTURE, INC., TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE CITY POLICE DEPARTMENT AND MUNICIPAL COURT PLANNING STUDY AND REPORT; PROVIDING FOR AN INITIAL APPROPRIATION OF $23,500, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve the Ordinance as presented by Mr. Joems. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None Abstain: None . e City Council Meeting Minutes for April 12, 1999 - page 3 9. Council considered approving an ordinance authorizing the City Manager to enter an agreement with Bud Beets Harden Kolflat Architecture for architectural services for the Emergency Operations Center planning study and report. Assistant City Manager John Joorns presented summary and recommendation and answered questions for City Council. Assistant City Attorney read: ORDINANCE 99-2318 - APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BUD BEETS HARDEN KOLFLAT ARCHITECTURE, INC., TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR AN EMERGENCY OPERATIONS CENTERlfRAINING FACILITY PLANNING STUDY AND REPORT: PROVIDING FOR AN INITIAL APPROPRIATION OF $18,400, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve the Ordinance as presented by Mr. Joerns. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None Abstain: None 10. Council considered approving an ordinance authorizing the adoption of a Boards and Commissions Handbook. Assistant City Manager John Joorns presented summary and recommendations and answered questions for the City Council. Assistant City Attorney read: ORDINANCE 99-2319 - AN ORDINANCE ADOPTING A BOARDS AND COMMISSIONS HANDBOOK FOR THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve the Ordinance with changes as presented by Mr. Joorns and clarification of 2 or 3 year term. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None Abstain: None 11. Council considered approving an ordinance to close, vacate, and abandon the northermost 25' portion of the alley in block 87. Planning Director Doug Kneupper presented summery and recommendation. . e City Council Meeting Minutes for April 12, 1999 - page 4 Assistant City Attorney read: ORDINANCE 99-2320 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE NOTHERMOST TWENTY-FIVE FEET (25') OF THE ALLEY IN BLOCK 87, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None Abstain: 12. Council considered approving an ordinance to close, vacate, and abandon the East "L" Street right-of-way between blocks 1121 and 1160. Planning Director Doug Kneupper presented summery and recommendations and answered City Council's questions. Al Fairfield also answered questions for the City Council. Assistant City Attorney read: ORDINANCE 99-2321 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EAST "L' STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None 13. Council considered approving the City Manager to enter a contract with Gulf Coast/Galveston Concessions and Catering for food, beverage and concession services for Sylvan Beach Pavilion. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Engelken to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None 14. Council considered approving the City Manager to enter an agreement with La Fayette Life for Group Life and U.S. Benefits for Stop Loss Insurance coverage. tit . City Council Meeting Minutes for April 12, 1999 - page 5 Director of Administrative Services Louis Rigby presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Ebow to approve the Ordinance as presented by Mr. Rigby. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone Nays: None 15. Council considered approving a policy for providing water and sewer to industries outside City's corporate limits and approve as to form the water and sewer service agreement. Councilperson Deotis Gay arrived at 7:00 P.M. Assistant City Manager John Joems presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Engelken to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone Nays: None 16. ADMINISTRATIVE REPORTS Assistant City Manager John Joerns reminded Council of the following events: A. Chamber of Commerce meet the Candidates 7-9 P.m. - April 14, 1999 B. City of La PortelLa Porte Independent School District Early Voting - April 14- 27, 1999 C. Seed Banquet - April 29, 1999 17. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay, and Young, and Mayor Malone brought items to Council's attention. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) . . City Council Meeting Minutes for April 12, 1999 - page 6 A. 551.071 (CONSULTATION WITH ATTORNEY). MEETWITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS PENDING LITIGATION AND POTENTIAL CLAIM AGAINST CITY B. 551.071 (CONSULTATION WITH ATTORNEY). RECEIVE REPORT FROM CITY ATTORNEY ON PENDING MATTER Council retired into Executive Session at 7:16 PM under Section 551.071 (CONSULTATION WITH AITORNEY) Meet with City Manager and City attorney to discuss pending litigation and potential claim against city and received report from City Attorney on pending matter. Council adjourned Executive Session at 8:02 PM. Council returned to the table at 8:04 PM, with no action taken. 19. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action taken. 20. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:05PM. Respectfully submitted, ~atl11Ov fi,!(-D4/ Martha A. Gillett City Secretary Passed and approved on this 26th day of April 1999. {f;::tt~1~ . . I . .or . . . ADMINISTRATIVE SERVICES'lIEPARTMENT Louis Rigby, Director HUMAN RESOURCES DIVISION C. Sydney Upchurch, Manager Nicole Hatter, Secretary INTEROFFICE MEMORANDUM TO: FROM: DATE: Martha Gillett, City Secretary Sydney ~ H~man Resources Manager April 5, 1999 SUBJ: Council Agenda Item, April 12, 1999 Employee of the Quarter, Jan., Feb., & Mar., 1999 Please include an Emolovee of the Quarter award presentation on the Agenda for the Council Meeting scheduled on April 12, 1999. The award will be presented to Tammy Kannar, Clerk II, Fire Department - Fire Suppression Division. Attached is a synopsis that provides specific information regarding Ms. Kannar's selection for this award. Should you require additional information, please let me know. Thanks for your assistance. SU:s Attachment Cc: J. Sease J. Dunham K. Fox L. Rigby . . CITY OF LA PORTE EMPLOYEE OF THE QUARTER 1ST QUARTER 1999 . TAMMY KANNARR January, February & March 1999 Tammy Kannarr was chosen as the Employee of the Quarter for January, .. February & March 1999. Kannarr has been a Clerk II in the Fire Suppression Division since May 1996. Kannarr's primary responsibility is administration of the EMS Billino program (ambulance service). This is a complex assignment that requires a thorough knowledge of insurance procedures, government regulations and record keeping. Kannarr also performs a variety of other administrative duties. This would be a .ufull-plate" for most folks, but, not for Kannarr. She also serves as this year's chairperson for the City's Special Events Committee. Kannarr's nomination by her supervisor, Kay Fox, has the whole-hearted support of Division head, Champ Dunham, and Fire Chief Joe Sease. Fox reports that Kannarr continually finds ways to use her communication and organizational skills to improve operations. Kannarr's professionalism and dedication are evident in all aspects of her work. The City of La Porte salutes Tammy Kannarr for her commitment to excellence and extends its sincerest THANKS for a job well done. . . . e .. REOUEST FOR CITY COUNCIL AGENDA lfEM Agenda Date Requested, A~ Requested By: Doug Kneupp r Department: X Repon Resolution Exhibits: 1. 2. 3. 4. 5. Planning Ordinance Public Hearing Notices Public Notice Reply Letter of Recommendation from Planning and Zoning Commission Special Conditional Use Permit Area Map Summaty & Recommendation The Planning & Zoning Commission, during its March 18, 1999, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU99-001. The request, submitted by Melvin Walker, seeks approval to construct an off-site parking lot for a restaurant located at 2219 Underwood Road. The propeny is located within a General Commercial Zone and is further described as approximately 0.22 ac. (9,769.68 sq. ft.) being pan of a 0.9534 acre of land out of and pan of Outlot 490, Harris County, Texas. Off-site parking within a General Commercial Zone is a Conditional Use, per Section 106-441 of the Code of Ordinances. ' Mr. Walker intends to open a restaurant, but needs additional parking to meet City requirements. The land behind the restaurant where the proposed parking lot would be constructed is owned by David Schoolcraft. Mr. Schoolcraft is willing to lease the propeny to Mr. Walker for that purpose. As proposed, the parking lot complies with all applicable zoning regulations. Parking spaces and maneuvering aisles are of adequate dimension and access from the off-site parking lot to the building is reasonable. Development within the subject tract should not impact the viability of the surrounding area and would not be contrary to the goals and objectives of the City's Comprehensive Plan. The parking lot should be screened from the adjoining residential propeny. Landscaping should be performed in accordance with Section 106-444(a) of the Code of Ordinances. Seven notices of public hearing were mailed to surrounding property owners. One response was received in opposition to the request. The Planning and Zoning Commission, by unanimous vote, has recommended approval of Special Conditional Use Permit #SCU99-001 with the following conditions: 1. The off-site parking shall comply with all parking standards. 2. Screening and! or landscaping of parking lot shall be required. 3. The Lease Agreement, duly approved by the City Attorney, shall be filed with the City Secretary. 4. A Cenificate of Occupancy, renewable annually, shall be required. 5. The applicant is responsible for public hearing costs. Action Required by Council: 1. Conduct public hearing. 2. Consider approval of Special Condhional Use Permit #SCU99-001 Availability of Funds: Nt A General Fund Capital Improvement Other Account Number: W ater/W astewater General Revenue Sharing Funds Available: Yes No Approvedfor City Council Agenda G~\I ~ Roben T. Herrera City Manager 1.{-1-9~ Date 1200 Hwy. 146 Suire 180 P.O. Box, 1414 <' County of Harris State of Texas La Porte. Texas 77571 (713) 471-1234 re SUD Before me, the undersigned authority, on this date carne and appeared John Black, F.Aiitor & Publisher of The Bayshore Sun, a seni-\veekly nevspaper published in the City of La Porte, Harris C..ounty, Texas, and \,,110 after being duly ffi'JOrn, says the attached notice \'laS published in The Bayshore I PUBLIC NOTIC,E " 'ume 1, Page 33 of the Harris County Map Records. The said 0.22 acre tract is'lo- cated in the Nicholas Clopper Jr., Survey A-198 and the Enoch Brinson League 1- 5, City of La Porte, Harris County, Texas. '. The property is located in the 2200 Block of Underwood Road. Mr. Melvin Walker; the Tenant for the property owner, David Schoolcraft, DBA Sam rs Club is seek- ing approval of a permit for the develop- ::ITY OF LA PORTE ment -site Parking Lot for a Res- - .., taurant. 'A ecial Conditional Use Permit " .,' . (:1' equir e prRPosed development NOTICE OF P~ IN to e located WI in a General Commer- " ci (GC) zone. " In accord nc with the ovi . regular meeting of the Plan- sions of Section 106 of the C of lng' and Zoning Commission wiii follow Ordinances of the City of La Porte; and the public hearing for the purpose of ac- the provisions of the Texas Local Gov- tion upon the public hearing items and to emment Code, notice is hereby given conduct other matters pertaining to the that the La Porte Planning and. Zoning Commission. Commission will conduct a public hearing at 6:00 P.M. on the 18th day of March, 1999, in the Council Chambers of the City Hall, 604 West Fairmant Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use P.ermit Request SCU 99-001, which has been requested for a 0.22 Acre (9,769.68 sq. ft.) tract being part of 0.9534 acre of land out of and part of Outlot 490, La Porte as recorded in Vol- ::lUBLlC NOTICES rHE STATE OF TEXAS :OUNTY OF HARRIS Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. . CITY OF LA PORTE , l Martha Gillett City Secretary r 3.y of ~ov~ :r {as e 1200 Hwy. !A6 Suite 180 P.O. Box 1414 0: TheB re County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared John Black, F..ditor & Publisher of The Bayshore Sun, a seni-~qeekly ne-lspaper published in the City of La Porte, Harris C'..ounty, Texas, and ,,,he after being duly ~lOm, says the tached notice ,'laS published in The Bayshore of John Black Editor & Publisher S\.."Om and subs....--ri.bed before me this c:l.5-;"'dav of 'rn~"- , 19 q1. - ., ,~A ~~ Sandra E. B1.lmgarner NotaIy Public Harris County, Texas e La Pone, Texas 77571 (713) 471-1234 f - THE ST I\J"E OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provi- sions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of the Texas Local 'Gov- emment Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of April, .1999, in the Council Cham- bers of the City Hall, 604 West Fairmont P~y, L:& ~orte, Texas. The purpose of thiS '!~.1!ng IS to consider Special Con. dllloRdrOis.s Permi Request SCU 99-001 which "'~een requested for a 0.22 Acre (9,769~8 . ft.) tract being part of 0.9534 ~ of and out of and'part of Outlot 490, La orte as recorded in Vol. ume 1, Page of the Harris County Map Records. The. said 0.22 acre i Is lo- cated in the Nlch' per J Survey A-198 and the noch son.L gue 1- 5, City of La Porte, H n Texas. The property is locate In the 2200 Block of Underwood Road. Mr. Melvin Walker of Big M Investments, Inc. the tenant for the property owner David Schoolcraft DBA Sam rs Inc., Is seeking approval 0; a permit for the development of an Off. site Palld~g Lot for a Restaurant. A Spe- cial Conditional Use Permit Is required for the proposed development to be located within a General Commercial (GC) zone. A regular meeting of the City Council will follow the .public hearing for . the purpose of acting upon the public hearing items and to conduct other mat~ ters pertaining to the Council. . Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is C?O"vened.' .. . e A Meeting of the La Porte Scheduled for ~Ttm~ PlANNING Pl!1ftftinlt and ZOIIinat Commission (Type of Meeting) March 18, 1999 (Date of Meeting) to Consider Special Conditional Use Peunit Request 99~Ol (Type of Request) I have a:ceived notice of the above a:fea:nced public hearing. I am in FAVOR of granting this request for the following reasons: I F~ g<lUlringtIUs request ror the li>IIowing """"'" LL",d Ph'I J') () rei. . htw~ . ~ ~[)...2.. we&h mauJt1tU 7:J t I I I Address t+o ~ JTJ t) IK. 770b3 City, State, Zip LaM La.- ~ ~J.os.7~ · 9~ Signature . e City of La Porte Established 1892 March 30,1999 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: The La Porte Planning and Zoning Commission, during a regular meeting on March 18, 1999, held a public hearing to consider Special Conditional Use Permit Request #99-001. The request, submitted by Melvin Walker, seeks approval to construct an off-site parking lot on an approx. 0.22 acre of land out of and part of Outlot 490, La Porte, Harris County, Texas. The proposed facility' will be developed within a General Commercial Zone. The Planning and Zoning Commission has, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU99- 001. Respectfully Submitted, /~c:y~ Betty -r' Waters Planning and Zoning Commission, Chairperson C: Robert T. Herrera, City Manager John Joems, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission r.O.Box 1115. brorte.Texas77572.1115. (713)471.5020 . e City of La Porte Special Conditional Use Permit Ordinance 1501 Permit # SCU 99-001 This pennit is issued to: Melvin R. Walker Owner or Agent 2219 Underwood Rd., Building B, La Porte, Texas Address For Development of: Offsite Parking Lot (See Exhibit "A" attached) Development Name Immediately East of 2219 Underwood Rd. Address Legal Description: 0.22 Ac. of Land out of and Part of Outlot 490, La Porte Harris County, Texas Zoning: General Commercial Pennit Conditions: 1. The off-site parking shall comply with all parking standards. 2. Screening and/or landscaping of parking lot shall be required. 3. The Lease Agreement, duly approved by the City Attorney, shall be filed with the City Secretary. 4. A Certificate of Occupancy, renewable annually, shall be required. 5. The applicant is responsible for public hearing costs. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shal/ void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shal/ be in full effect on the portion which is undeveloped. Validation Date: 4/12/99 ~~*r--- ~~11 )J1l1IiI Ci Secretary NORTH H STREET ~ J u N.T.5. - I I (.!) Dl c g Ii:: C PROPOSED 0 PARI'.ING LOT 0 CtC ~ ~ I'OOC8 ~ W C RE:5l'AIJRAN1 Z :J .. ~ roRM2IlLY ~l'a lAMIA I'OIY \ ~ EXHIBIT nAil 0.22 AC. TRACT TO BECOME PARKING SPACE FOR EXISTING RESTAURANT @ 2219 UNDERWOOD RD. . e REQUEST fR CITY COUNCIL AGENDA ITE' Agenda Date Requested: Department: Administration Requested By: John J Ordinance Exhibits: 1. Ordinance No. 2. Proposal for Professional Architectural Services SUMMARY & RECOMMENDATION This years Capital Improvement budget includes funds for analyzing the present and projected needs for the Police Department/Municipal Court expansion. The Police Department/Municipal Court Consultant Selection Committee recommends Bud Beets Harden Kolflat Architecture (BzHK) be considered as the architectural firm to evaluate future needs of the Police Department and Municipal Court. BzHK has experience in planning, building and remodeling facilities in the surrounding area that are similar in size and scope as our proposed facility such as Sugarland, Austin, Port Arthur and The Woodlands. Initially, the City mailed Request For Qualification (RFQ) Statements to (12) architectural firms. We received responses from (7) seven of the firms. After reviewing the qualification statements from each of the firms the committee elected to interview (3) firms. Once the interviewing process was complete, the committee identified BzHK of Houston as the top respondent to our RFQ for planning studies related to the Police Department/Municipal Court expansion. BzHK with input from staff supplied the City with a proposal for their services. The agreement with BzHK includes only the pre-design phase. This phase includes a series of in-depth staff interviews, development of budgets, preparation of the final report and a limited walk-through to determine the sites suitability for continued use as a Police Department/Municipal Court facility. Any in-depth analysis of the existing building and its systems is outside the scope of this proposal unless authorized at a later date. Staff is recommending Council to approve $19,500 for the Pre-Design Services plus an estimated 54,000 in reimbursable expenses for a total authorization of $23,500. The study and report is expected to last 75 days from the date of authorization. $35,000 for Preliminary Architectural and Engineering Services is budgeted in the FY 98-99 General Capital Improvement Fund #015-9892-504. Action Required by Council: Authorize the City Manager to enter into an agreement with Bud Beets Harden Kolflat Architecture for Architectural Services for the Police DepartmentIMunicipal Court planning study and report. Availability of Funds: Account Number: 015-9892-504- Funds Available: XXX General Fund_ Water/Wastewater ....x Capital Improvement_ General Revenue Sharing Other . e i.- '- .. - ORDINANCE NO. 99- 2 3 1 7 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BUD BEETS HARDEN KOLFLAT ARCmTECTURE, INC., TO PROVIDE PROFESSIONAL ARCmTECTURAL SERVICES FOR THE CITY POLICE DEPARTMENT AND MUNICIPAL COURT PLANNING STUDY AND REPORT; PROVIDING FOR AN INITIAL APPROPRIATION OF $23,500, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 initial sum not to exceed $23,500 for site analysis, programming, and master planning, from Fund No. 015, to fund said contract. Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of April, 1999. BY:~~~~ Norman L. Malone, Mayor ATTEST: ~Cl-O .l1illuJ M A. Gillett, City Secretary e e Wednesday, April 07, 1999 Mr. John Joems, Assistant City Manager City of La Porte, Texas P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 RE: City of La Porte, Texas Police & Municipal Court Building Proposal for Professional Architectural Services Dear Mr. Joerns: Budd Beets Harden Kolflat - Architecture is pleased to submit this proposal for services based on our meeting with you and your staff, the material sent to us after that meeting, and on our understanding of your intent and your needs. It is our intent that I be the "team leader" from our office; I can assure you of my total commitment to the successful conclusion of your project. Ray Beets will join me for many of the activities and also provide insight from his recent experience with the City of Sugar Land on a similar project. PROPOSAL 01:Jf proposal is in two parts: Pre-Design Services, and then - but only if authorized -- Basic Architectural Services. We also propose that the scheduling of services on this project be coordinated with the similar services being offered to you in connection with similar Pre-Design Services (part One) for the Emergency Operations Center (Exhibit C, attached). This will allow some overlapping of efforts and economies of time, even though. the end products and the billing for the services can and will be kept separate. An outline of specific scheduled activities that we propose for this phase of service is attached (Exhibit B, attached). This list of activities is the essence of this proposal. A proposed time schedule for this phase is also attached. PROJECT DESCRIPTION B2HK will assist the City in preparing a Planning Report that will define the scope of a new Police & Municipal Court Facility. The Report will identify the Scope of Work (construction), and the general planning direction for the future. One critical decision to Proposal-Police & Municipal co. City of La Porte, Texas Page 2 of4 Wednesday, April 07, 1999 e be made is whether to expand or to build new, and whether to do it on the existing site or on a new site. SCOPE OF SERVICES PREDESIGN (pART ONE) This first phase of services would include a series of in-depth staff interviews, an analysis of findings from those interviews, development of budgets, and the preparation of the final Report. It will also include a limited walk-through of the existing building and the review of the available related documents of the existing 24,000-gsf facility. For this purpose of a general review, we have budgeted 10 hours of combined architectural and engineering time. Twenty-five (25) copies of the Report would be provided as part of this proposal, and the actual cost of printing would be billed as a reimbursable expense. Since the "state of the art" in police, detention, and court facility design is constantly changing, the City may decide also to visit completed facilities in order to determine the best direction. This proposal does not include any time for such visitation, but we would be happy to provide it, if authorized. Any in-depth analysis of the existing building and its systems (structural, electrical, mechanical, compliance with codes and ADA guidelines), is outside the scope of this Proposal at this time. However, we would be happy to provide it if authorized. BASIC ARCHITECTURAL SERVICES (pART TWO) Any subsequent services would be optional and dependent upon authorization given by the City of La Porte to proceed with the project as a whole. If authorized, we would propose they be provided using the City's standard form, styled "Agreement Between Owner and Architect for Professional Services." CO~ENSATIONFORSERVICES PREDESIGN (pART ONE) Proposed on an Hourly Basis using pre-established hourly billing rates (Exhibit A. attached), and based on expending up to 195 manhours, with a maximum fee of $ 19,500, not to be exceeded unless authorized by the City of La Porte. In addition to the fee for services would be our billing for legitimate reimbursable expenses mutually agreed upon, which are estimated to not exceed $4,000. Examples would include reproduction costs at 8-2 Proposal- Police & MuniCi.OUIt City of La Porte; Texas Page 3 of4 Wednesday, April 07, 1999 e commercial rates, or equivalent if performed in-house, fax transmissions, long distance telephone calls, courier services for delivery between the offices of the City and the Architect, and "per diem" expenses if visits are outside of the metropolitan Houston area. The above fee excludes time that may be spent in visiting complete projects, because the extent of visits has' not been established. Should visits be deemed appropriate, our services would be offered on a daily rate of $600-800 per day, depending on the personnel involved. If a detailed analysis of the existing building is deemed necessary, our own in-house services would be offered on an hourly basis, and services of an engineer offered at their normal billing rate times our own administrative markup of 10%. Billing for Compensation and Reimbursable Expenses would be combined for this project alone and submitted monthly, with payment expected within three weeks thereafter. BASIC ARCIDTECTURAL SERVICES (pART TWO) Compensation for subsequent Professional Services would be negotiated on the basis of the project scope that would be approved by the City. Without knowing the Scope of Work, it is impossible to propose what the fee for Phase Two services would be. However, this will be developed at the conclusion of Part One when project scope and approximate construction cost have. been better defined. OTHER ITEMS The Firm carries various policies of general insurance that meet and/or exceed the limits stated in the Professional Services Agreement normally used by the City. A Certificate of Insurance showing the limits and characteristics of these policies will be prepared and sent directly to you by our agent, once this proposal has been accepted. As evidence of the acceptance of .this proposal and of its use as an Agreement for Services, the parties hereto have executed it as of the day and year first written above. OWNER: CITY OF LAPORTE G.h.t~ T. \-\\Q)\J~ City Manager Proposal- Police & Munici.Ourt City of La Porte, Texas Page 4 of4 Wednesday, April 07, 1999 e ATTEST: , APPROVED AS TO FORM: ~alC;;; ,~~ Attachments: Exhibit A, Rates Exhibit B, List of Activities, Fee, Manhours Exhibit C, Combined Projects Schedule e e SCHEDULE OF HOURLY BILLING RATES BY STAFF CATEGORY POSITION HOURLY RATE Principal Project Architect Architect In Architect n Architect I Intern Architect Senior CADn Operator CADn Operator Specifier Construction Administrator Secretary $100.00 88.00 76.00 65.00 55.00 48.00 62.00 42.00 70.00 70.00 40.00 The above Billing Rates are inclusive of markups covering indirect salary costs, personnel expenses, overhead expenses and profit. Reimbunable Expenses Expenses would include facsimile transmissions, long distance telephone calls, model building, photography, color delineation, plotting, reproduction of documents, non-local travel and subsistence and parcel delivery service. Reimbursable Expense are billed at cost. Rates are modified yearly. The next modification will occur on or near March 1, 2000. EXHffiIT A City of La Porte' 04/07/99 ....Adivi . Prenaration (Before staff interviews) Interviews (two "rounds") (B2HK will lead interviews in both "rounds" with staff; determine occupancies, functions, spaces, sizes, relationships, equipment, furnishings, future needs, possible need for outside consultants, i.e., security, communications? Analvsis of Needs (B2HK) (COLP) Develoo Budeet (B2HK) (progress meeting wI COLP at conclusion) Final Reoort Architectural Program. Budget. Overall Project Schedule e e ..:>.;-,,>;IllaiVitluJirSte $,,:: }'>);;'::~'aDh.ours;:Fee;. Mission statement (COLP), Staff Count (COLP), Organ. Charts (COLP), Preliminary (Calendar time: One week) List of Needs (COLP), Initial Program Data (B2HK), Identify guidelines/standards, if any;Gath~documemsthM Describe existing building (COLP); identify site options, if an COLP Police Department (8 groups, per Chief Powell) Municipal Court (1 group, per John Joems) (Conference Memos prepared by B2HK) List of Spaces (B2HK); Sketches of individual rooms with furnishings and equipment (B2HK);Relationship Diagrams (COLP); Review of Existing relevant documents (B2HK +). Construction: New? Renovation + Addition? Equipment: Jail? Security? Communication? Contingencies to use for time, design variations, construction cost. Establish format, contents. Finalize text/graphics. Q: Who shall print? COLP? '.~" (Calendar time: Three weeks) Week #1-Round One, Police: 56 manhrs. $5,600 Week #2-Bldg Review: 10 manhrs. $1,000 Week #3-Round Two, Police: 24 manhrs. $2.400 $9,000 (Calendar time: Three weeks) Weeks #4,5,6: 45 manhrs. $4,500 (Calendar time: One week) Week #7: 20 manhrs. $2,000 (Calendar Time: Two weeks, plus printing) Weeks #9, 10: 40 manhrs. $4,000 :";;'::i:::';::~',~i:..:;;~':~~~!:!0i" ..... , .' .;';':;d1:1ik~i~:~~~~i~t EXHlBIT B-P&MC Police & Municipal Court City of La Porte, Texas List of Activities 4n /1999 Police Municipal Court COMBINED PROJECTS SCHEDULE B~~ili~~:J~;~t~1&~11;j~::r~t{. . 4n/99 ~ I M1tB; I =- I - City of La Porte, Texas I I Emergency Operations Center -- Interviews - Police & MC (Ist Round) Interviews - Police & MC (2nd Round} Interviews - EOCITF (Ist Round) Interviews - EOCITF (2nd Round) Prepare Memos, Progress Reports Analysis of Needs ~ Police & MC Analysis of Needs - EOCIfF Develop Budget - Police & MC Develop Budget - EOCII'F Final Report - Police & MC Final Report - EOCII'F Printing - Police & MC Printing - EOCII'F Exhibit C B2HK. Proposal e e . 'C 'b REOUEST IR CITY COUNca AGENDA ITE~ Department: Administration Agenda Date Request Requested By: Jo Ordinance Exhibits: 1. Ordinance No. 2. Proposal for Professional Architectural Services SUMMARY & RECOMMENDATION This years Capital Improvement budget includes funds for analyzing the projected needs for an Emergency Operations Center (EOC)/Training Facility. The Emergency Operations Center Consultant Selection Committee recommends Bud Beets Harden Kolflat Architecture (B:zHK) be considered as the architectural firm to evaluate future needs of the new Emergency Operations Center and Training Facility. B:zHK has experience with planning and construction of EOC's in the area such as Philip's Petroleum and Chevron in Port Arthur. The committee visited the Chevron EOC and was favorably impressed. Initially, the City mailed Request For Qualification (RFQ) Statements to (12) architectural firms. We received responses from (7) seven of the firms. After reviewing the qualification statements from each of the firms the committee elected to interview (3) firms. Once the interviewing process was complete, the committee identified B:zHK of Houston as the top respondent to our RFQ for planning studies related to the Emergency Operations Center/Training Facility. B:zHK, with input from staff, supplied the City with a proposal for their services. B:zHK will assist the City in preparing a Planning Report that will define the scope of a new Emergency Operations Center/Training Facility. The agreement with B:zHK includes only the pre-design phase. This phase includes a series of in-depth staff interviews, development of budgets and preparation of the final Report. There is no provision for studies of alternate sites for the facility unless authorized at a later date. Staff is recommending Council to approve $14,400 for Pre-Design Services plus an estimated $4,000 in reimbursable expenses for a total authorization of $18,400. The study and report is expected to last 75 days from the date of authorization. FY 98-99 Capital Improvement budget includes $100,000 which is the fifth year of funding for this multi-year project. Total funds set aside to date equal $500,000. We will utilize these funds for this agreement. Action Required by Council: Authorize the City Manager to enter into an agreement with Bud Beets Harden Kolflat Architecture for Architectural Services for the emergency operations center/training facility planning study and report. Availability of Funds: Account Number: 015-9892-504- Funds Available: XXX General Fund_ Water/Wastewater _ Capital Improvement_ General Revenue Sharing Other e e ORDINANCE NO. 99- 2 3 1 8 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BUD BEETS HARDEN KOLFLAT ARCHITECTURE, INC., TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR AN EMERGENCY OPERATIONS CENTER/TRAINING FACILITY PLANNING STUDY AND REPORT; PROVIDING FOR AN INITIAL APPROPRIATION OF $18,400, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 initial sum not to exceed $18,400 for site analysis, programming, and master planning, from Fund No. 015, to fund said contract. Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required . .~.... by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e Section 3. This Ordinance shall be effective from and after its passage and approvai. and it is so ordered. PASSED AND APPROVED. this 121h day of April. 1999. By:~;~/d(~ orman L. Malone. Mayor ATIEST: M A. Gillett. City Secretary ox W. Askins. City Attorney ~.:. ...... e e Wednesday, April 07, 1999 Mr. John Joerns, Assistant City Manager City of La Porte, Texas P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 RE: City of La Porte, Texas Emergency Operations CenterfI'raining Facility Proposal for Professional Architectural Services Dear Mr. Joerns: Budd Beets Harden Kolflat - Architecture is pleased to submit this proposal for services based on our meeting with you and your staff, the material sent to us after that meeting, and on our understanding of your intent and your needs. It is our intent that I be the "team leader" from our office; I can assure you of my total commitment to the successful conclusion of your project. Ray Beets will join me for many of the activities and also provide insight from his recent experience with the City of Sugar Land. PROPOSAL Our proposal is in two parts: Pre-Design Services, and then - but only if authorized -- Basic Architectural Services. We also propose that the scheduling of services on this project be coordinated with the similar services being offered to you in connection with similar Pre-Design Services (part One) for the Police & Municipal Court Building (Exhibit C, attached). This will allow some overlapping of efforts and economies of time, even though the end products and the billing for the services can and will be kept separate. An outline of specific scheduled activities . that we propose for this phase of service is attached (E~bit B, attached). This list of activities is the essence of this proposal. A proposed time schedule for this phase is also attached. PROJECT DESCRIPTION B2HK will assist the City in preparing a Planning Report that will define the scope of a new Emergency Operations Center. During normal times the Center will double as a training facility. A conference room in the existing Fire Station now serves this purpose. Partial funding for this Proposal- Emergency Operatio!enter City of La Porte, Texas Wednesday, April 07,1999 Page 2 of3 e project exists, but the total amount to be budgeted and obtained is dependent upon the size and scope that is defmed in the completed Planning Report SCOPE OF SERVICES PREDESIGN (pART ONE) This first phase of services would include a series of in-depth staff interviews, an analysis of fmdings from those interviews, development of construction budgets, and the preparation of a fmal Report. There is no provision at this time for any additional meetings, if any, with outside groups, such as the Citizens' Advisory Committee (CAC). There is no provision for studies of alternate sites for the facility, either. We can undertake these services, if authorized. Services in connection with visits to completed facilities of a similar nature are not included but they can be provided, if desired. Twenty-five (25) copies of the Report would be provided as part of this proposal, and the actual cost of printing would be billed as a reimbursable expense. BASIC ARCHITECTURAL SERVICES (pART TWO) Any subsequent services would be optional and dependent upon authorization given by the City of La Porte to proceed with the project as a whole. If authorized, we would propose they be provided using the City's standard form, styled "Agreement Between Owner and Architect for Professional Services." COMPENSA nON FOR SERVICES PREDESIGN (pART ONE) Proposed on an Hourly Basis using pre-established hourly billing rates (Exhibit A, attached), and based on expending up to 144 manhours, with a maximum fee of $14,400, not to be exceeded unless authorized by the City of La Porte. In addition to the above fee for services would be reimbursable expenses mutually agreed upon, estimated not to exceed $4,000. Examples would include reproduction costs at commercial rates, or equivalent if performed in-house, fax: transmissions and long distance telephone calls, and courier services for delivery between the offices of the City and the Architect. Billing for Compensation and Reimbursable Expenses would be combined for this project alone, and submitted monthly, with payment expected within three weeks thereafter. Proposal- Emergency Operationstmer City of La Porte, Texas Wednesday, April 07, 1999 Page 3 of3 e BASIC ARCHITECTURAL SERVICES (pART TWO) Compens~tion for subsequent Professional Services would be negotiated on the basis of the project scope that would be approved by the City. OTHER ITEMS The Firm carries various policies of general insurance that meet and/or exceed the limits stated in the Professional Services Agreement normally used by the City. A Certificate of Insurance showing the limits and characteristics of these policies will be prepared and sent directly to you by our agent, once this proposal has been accepted. As evidence of the acceptance of this proposal and of its use as an Agreement for Services, the parties hereto have executed it as of the day and year first written above. OWNER: CITY OF LAPORTE ARCHITECT: BUDD BEETS HARDEN KOLFLAT - ARCmTEC , ~~ T l+~ City Manager ATTEST: \~-A1(1 /ti(~^ () 4~ jilt,{ ~cretary (SEAL) . APPROVED AS TO FORM: titta2 City Attorney , Attachments: Exhibit A, Rates Exhibit B, List of Activities, Fee, Manhours Exhibit C, Combined Projects Schedule e e SCHEDULE OF HOURLY BILLING RATES BY STAFF CATEGORY POSITION HOURLY RATE Principal Project Architect Architect III Architect II Architect I Intern Architect Senior CADn Operator CADO Operator Specifier Construction Administrator Secretary $100.00 88.00 76.00 65.00 55.00 48.00 62.00 42.00 70.00 70.00 40.00 The above Billing Rates are inclusive of markups covering indirect salary costs, personnel expenses, overhead expenses and profit. Reimbursable Expenses Expenses would include facsimile transmissions, long distance telephone calls, model building, photography, color delineation, plotting, reproduction of documents, non-local travel and subsistence and parcel delivery service. Reimbursable Expense are billed at cost. ~tes are modified yearly. The next modification will occur on or near March 1, 2000. , .: .... EXHffiIT A City of La Porte 04/07/99 . Preoaration (Before staff interviews) Interviews (two "rounds") (B2HK will lead interviews in both "rounds," determine occupancies, functions, spaces, sizes, relationships, equipment, furnishings, future needs, possible need for outside consultants, i.e., security, communications? Analvsis of Needs (B2HK) (COLP) Develoo Bud2et (B2HK) (progress meeting wI COLP at conclusion Final Reoort Architectural Program. Budget. Overall Pro' ect Schedule ;TOlaf~1t(jCl.E' " e ~~~~~~~'''~?",-~...,~+,..,"'T'';';:''';I ;~dC,,,,,~,:,""<'''""~~' ',~",. , '~~.~,. ,', : _,:, ~~": ~k~"",~~cJ,,-w;.:.~__~.:t..< ~...__"..."-_~'"'_".. , 13}f<<n~='f-1ttbm~f . .-"!1: ~.)~... ..'4.I.t."!J~ .. '. fP Mission statement (COLP), Staff Count (COLP), Organ. Charts (COLP), Preliminary List of Needs (COLP), Initial Program Data (B2HK), Identify guidelines/standards, if any;Gath~documemsthM Describe existing building (COLP); identify site options, if an. COLP Fire Department (1 group, per Chief Sease); City administration (1 group, per Mr. Joems); (Conference Memos prepared by B2HK) List of Spaces, sketches of individual rooms with furnishings and equipment (B2HK), Relationship Dia ams COLP Construction, Equipment, Furnishings, and Contingencies (tiLne, design, consnuction) Establish format, contents. Finalize text/graphics. Q: Who shall print? COLP? (Calendar tiLne: One week) (Calendar tiLne: Two weeks) Week #2-Round One, FD and MC: 24 manhrs. $2,400 Week #3-Round Two, FD and MC: 20 manhrs. $2.000 $4,400 (Calendar tiLne: Two weeks) Week #4,5: 40 manhrs. $4,000 (Calendar tiLne: One week) Week #8: 20 manhrs. $2,000 (Calendar Time: Two weeks, plus printing) Weeks #9,10: 40 manhrs.$4,000 EXHIBIT B-EOCtrF Emergency Operations Centerlfraining Facility City of La Porte, Texas List of Activities 4n /99 COMBINED PROJECTS SCHEDULE Emergency Operations Center Police Municipal Coun 11 I Interviews - Police & MC (1st Round) Interviews - Police & MC (2nd Round} Interviews - EOCffF (1st Round) Interviews - EOCffF (2nd Round) Prepare Memos, ProJrrCSS Reports 4n/99 -+-1 w ~ =- - City of La Porte, Texas - I Analysis of Needs - Police & MC Analysis of Needs ~ EOCII'F Develop Budget - Police & MC Develop Budget - EOCII'F Final Report - Police & MC Final Report - EOCIfF Printing ~ Police & MC Printing - EOCIfF Exhibit C B2HK Proposal e e ''; .... REQUEST &. CITY COUNCIL AGENDA ITE' Agenda Date Requested: A 12 1999 _ Report _ Resol xxx Ordinance Requested By: John Joem Department: Administration Exhibits: 1. Ordinance No. 99-2319 2. Boards and Commissions Handbook SUMMARY & RECOMMENDATION Some Councilmembers have expressed an interest in enhancing the process for recruiting, selecting and educating citizens wishing to serve on La Porte's various Boards and Commissions. Since the Council Retreat last year, staff, with input from the City Attorney's office, has reviewed and refined the draft Boards and Commissions Handbook. In order to improve the handbook, staff prepared an application that requests more background information, the table of contents has been modified and Appendices A and B have been completed. There have been no substantial changes to the draft previously shared with City Council. Action Required by Council: Approve Ordinance No. 99-2319 adopting a Boards and Commissions Handbook for the City of La Porte. Availability of Funds: General Fund_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: YES NO ,.....:...r.~~.. . e ORDINANCE NO. 99 -2.3 1 9 .. AN ORDINANCE ADOPTING A BOARDS AND COMMISSIONS HANDBOOK FOR THE CITY OF LA PORTE; 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 adopts a Boards and Commissions Handbook, in form attached to this ordinance as Exhibit "A" , incorporated by reference herein, and made part hereof for all purposes. Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confIrms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this l IIJ:I/J day of 0 {JAAL , 1999. CP;Y:OF LA PORTE_~A /" By~~ " '" ", ATTEST: ~dttIJlJva. ~ Martha A. Gillett City Secretary Knox W. Askins City Attorney e e BOARDS AND COMMISSIONS HANDBOOK Exhibit A To Ordinance No. 99-2319 . e i;> City of La Porte Established 1892 Dear Citizen: I would like to thank you on behalf of the Citizens of La Porte for your willingness to serve the City as an appointed member of a Board or Commission. Your commitment of time and talent is a very important contribution to our community. The work done by citizens who serve on Boards and Commissions is a vital part of our city government. Board and Commission members assist the City Council in setting public policy, implementing public policy and in communicating that policy to the community as a whole. In recognition of the important civic commitment members of Boards and Commissions have made, we have prepared this orientation handbook to assist members in performing their duties. It is our hope that your service to the City of La Porte will be both rewarding and fulfilling. Again, thank you for your willmgness to serve. Sincerely, Norman L. Malone Mayor . P.O. Box 1115 ola Porte. Texas 77572-1115 0 (281) 471-5020 e e CITY OF LA PORTE APPLICATION FOR CITY BOARDS I COMMISSIONS NOTE: As an applicant for a City Board or Commission, your name, address and phone number will be available to the press and the public. All other information will remain confidential. You will be contacted before any action is taken on your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25 % of called meetings, for other than medical reasons, will be subject to removal by City Council. Final decisions on appointment and reappointment of members of Boards and Commissions rests with the City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIF1ED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCIL DISTRICTS FROM WlDCH THEY ARE APPOINTED. Please me or Drint c1earlv DATE: Name: Last First MI Phone (H) (W) Address: City: State/Zip Code: Are you a registered voter in the La Porte City limits?: Y or N Did you vote in the last City election?: y or N Please indicate your preference bv number. 1-2-3. etc. ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Revie~ ~ommittee DECISION MAKING BOARDS AND COMMISSIONS Planning and Zoning Commission Zoning Board of Adjustment Civil Service Commission SEPARA TE LEGAL ENTITIES La Porte Area Water Authority I the undersigned am interested in serving on one of the above Boards / Commissions as indicated. SigualUre of Applicant Dare Revised April 1999 e _ BACKGROUND EDUCATION INSTITUTION em AND STATE DATE LAST ATTENDED MAJOR Professional Background: Community Activities I Hobbies: References: (include address and phone number) 1. 2. 3. Additional Pertinent Information: Goals I Objectives: Attachments: YES .NO You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further descn"be your professional and personal background. Please return this form and any attachments to: City of La Porte City Secretary's Office PO Box 1115 La Porte, Texas 77572-1115 Revised April 1999 CBAPl'ER. I. Section 1 Section 2 Section 3. Section 4. Section 5. CBAPl'ER. ll. Section 1. Section 2. Section 3. Section 4. CHAPrER m. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. CBAPl'ER. IV. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. APPENDIX A APPENDIXB APPENDIXC e e TABLE OF CONTENTS DEFINITIONS AND LEGAL LIABILITY Page Number Boards & Commissions Defined..................................l Advisory Commission & Boards .................................1 Decision Making Boards & Commissions ......................1 Separate Legal Entities.............................................2 Legal Liability of Members. ..................... ... ...............2 BOARD AND COMMISSION APPOINTMENT PROCESS How Board & Commission Members are Appointed......... 3 Notice of Appointtnent ...... ........................... ....... .....3 Eligibility and Qualifications ......................................3 Oath of Office. .......................................................4 RESPONsmILITIES OF THE MEMBERS OF BOARDS AND COMMISSIONS Conflicts of Interest .................................................4 Open Meetings Act.... ........... ...................... ........ .....6 Open Records Act . . . . .. . ... . .. ..... .. .. . ... . .. .... . .. .... . .......... 7 Meeting Attendance ...................................... .... ... ....8 Working with City Staff........ ........ .... ... ....... ......... .....8 Reporting to the City Council ......................................8 MEETINGS . Role of the Chairman...............................................9 The Agenda..........................:................................9 Robert's Rules of Order .... ................ ....... ............... ..9 Public Hearings...................................................... 9 Quomm.............................................................. .10 Signing of the Minutes............................................. 10 Description of Boards and Commission........................ 11 Boards and Commissions Having Eligibility Requirements........ .. .. . .. .. .. .. ... .. .. ..... 13 Reference Table to Robert's Rules of Order................... 15 . e CHAPrERI DEFINITIONS AND LEGAL LIABILITY Section 1. Boards and Commi~oDS Defined. The work done by citizens serving on Boards and Commissions is a vital part of the work of La Porte City Government. La Porte bas two types of Boards and Commissions; ADVISORY AND DECISION-MAKING. Additionally, there are Boards whose membership is appointed by the City CoUncil that are separate legal entities. Appendix A provides a general description of each type of Board and Commission. The ordinances creating Boards often require Board Members to have expertise in a certain area. Appendix B specifies the eligibility requirements for the Boards and Commissions that have their membership defined by City Ordinance. Section 2. Advisory Commi~oDS and Boards advise the La Porte City Council on public policy. They play a very important role in city government by providing the City Council with creative ideas, feedback from the community, and by serving as a sounding board for proposed public policy . It is important to remember that the role of Advisory Commissions is not to set public policy but to advise the City Council. ADVISORY BOARDS AND COl\.fMISSIONS Name Members Tenn(years) Expiring Members per year Airport Advisory Board 7 Regular 2 Advisory 9 Members 3 years 3 years 2 years 2 Fire Code Review Committee 3 Section 3 Decision-Making Boards and Commi~oDS are "quasi-judicial" and are governed by state law. Decision Making Boards set or enforce public policy and are potentially subject to review by the courts. Decision-Making Boards also advise the City Council on public policy. Members serving on Decision-Making Boards should take an oath of office and are subject to the open meeting, open records, and ethics laws. ." - 1 e e DECISION MAKING BOARDS AND COMMISSIONS Name Members Terms (years) Expiring Members per year Planning & Zoning Commission 7 Members 3 years 3 Zoning Board of Adjustment 5 Regular 2 years 2 2 Alternates 2 years 2 Civil Service Commission 3 Regular 3 years 1 Section 4 Separate Legal Entities. There are some Boards and Commissions that are separate entities, corporations, or political bodies from the City, although the City Council may appoint the membership to these Boards and Commissions. They are usually established under the provisions of a state statute that will set forth the functions, duties, responsibilities, and limitations of the corporation or political body. The Boards and Commissions that are separate entities from the, City, but whose memberships are appointed by the City Council are listed below: Name Members Terms (years) . Expiring Number per year La Porte Area Water Authority 5 2 years 2 The members appointed to these Boards and Commissions oversee the operation of an organization as a Board of Directors would a corporation. The City of La Porte has no or little authority over the members except for their appointment; and, therefore, the City has limited liability for their actions. Board members will find that the organization to which they have been appointed will provide much of the information needed. The state statute establishing the organization, the articles of incorporation and the bylaws of the organization will provide a great deal of information. Section 5 Legal Liability.' It is important to understand that the actions of members of the various City Boards and Commissions can subject the City to liability and subject the Board or Commission members to personal liability . Therefore, Board and Commission members are strongly encomaged to consult with the City Attorney anytime they feel their actions, while serving on such Board or Commission, may have some legal consequences. The law in this area is quite complex and requires a thorough analysis of the law and facts pertaining to each particular situation. As a general rule, quasi-judicial officers cannot be held personally liable for erroneous acts while . honestly exercising the judicial or quasi-judicial functions of their offices. The Board and Commission members who render decisions are considered quasi-judicial officers. The problem with stating such a general rule as a proposition of law is that there will always be exceptions to the general rule. For example, if a court finds that a quasi-judicial officer performs certain functions in excess of hislher authority and such functions were not performed under a good faith assumption that the officer had the authority to act, then the officer will subject himself /herself to personal civil liability . If a person is damaged by the excessive acts of a quasi-judicial officer, then that officer will have to pay damages to 2 e e the person harmed. The aggrieved person can also seek other remedies such as an injunction compelling the officer to perform or refrain from performing a particular act. Officers of the City can also subject themselves, as well as the City, to liability if they perform their functions in a manner that denies an individual any right that is secured to that individual by the Constitution or a statute. An example of how this type of liability could arise is if a officer illegally discriminates against an individual. A City and its officers, as a governmental entity, must treat all individuals or groups equally or in the same manner unless there is a rational basis or a compelling governmental interest to treat someone or some group differently. Therefore, officers of the City should treat all individuals and groups in the same manner. If there is a question concerning whether an individual or group can be treated differently, the City Attorney should be consulted. If an officer illegally discriminates against an individual or group, that individual or group can seek monetary damages from the City and the individual officer for a violation of his rights under the state and federal civil rights statues. When members of City Boards and Commissions are acting in good faith and within the bounds allowed by the City ordinances and procedures and the state and federal law, the City will provide a defense for such members to the greatest extent permissible. However, if a Board or Commission member violates a criminal law while serving in hislher official capacity, the City generally will not provide that member a defense. The reason for this is that if a criminal law was violated, the Board or Commission member was probably acting outside the bounds of his authority. The above discussion is by no means intended to be comprehensive and complete discussion of legal liabilities to which the City or the Board or Commission member may be subjected. You are reminded that the City Attorney is available to the City Boards and Commissions and should be consulted on such questions. CHAPTER IT BOARD AND COMMISSION APPOINTMENT PROCESS Section 1 How Board and Commi~on Members are Appointed The La Porte City Council makes all of the appointments to the La Porte's Boards and Commissions with exception of the Civil Service Commission. The C~vil Service Commission is appointed by the City Manager and confirmed by City Council. Citizens interested in being appointed are urged to obtain an application from the City Secretary's Office at City Hall. , - Section 2 Notice of Appointment. After the City Council appoints a person to serve as a member of a Board or Commission, the City Secretary will notify the appointee, in writing of the appointment. Section 3 Eligibility and Qualifications. The La Porte City Council seeks out the best-qualified citizens to serve on Boards and Commissions. The qualifications required to serve on a particular Board or Commission are determined by La Porte City Ordinance or by the State statute establishing the Board or Commission. Many of the Boards and Commissions do not have specific eligibility requirements beyond residency, leaving the membership qualifications to the discretion of the La Porte City Council. 3 . e Appointments to Boards and Commissions having eligibility requirements must be made in accordance with the governing City ordinance or State statute. APPENDIX B lists all of the Boards and Commissions having eligtbility requirements and details those requirements. Board and Commissions members must continue to meet eligtbility requirements during the entire time that they serve on the Board or Commission. Section 4 Oath of Office. An oath of office should be administered to all members of Decision- Making Boards and Commissions and if appropriate to all members of Advisory Boards and Commissions. The oath of office can be admini~ed by the City Secretary or a Notary Public for the State of Texas. A Statement of Appointed Officer Form must be completed and filed in the Secretary of State Office before oath administered. The necessary forms are made available in the City Secretary's Office in City Hall. La Porte's Oath of Office "I, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So Help Me God. " CHAPTER ill RESPONsmILITIES OF THE MEMBERS OF BOARDS AND COMMISSIONS Section 1 Conflicts of Interest. The Texas Conflicts of Interest Law, V.T.C.A., and Local Government Code Section 171.001 et seq., aimed at local officials' CONFLICT OF INTEREST was passed in 1983. Under the m~, if a local official (or hislher close relative) stands to gain a financial benefit from a matter pending before a public agency upon which the official serves, the person must publicly disclose irisIher interest in such matters and then abstain from voting on it. The Texas Conflicts of Interest Law. pertains ONLY to the DECISION-MAKING BOARDS IDENTfrlJill IN "CHAPTER I" OF TInS MANUAL. 1.1 Dermitions a. "Local public official" means a member of the governing body or another officer, whether elected, appointed, paid or unpaid, of any district (including a school district), county, municipality, precinct, central appraisal district, transit authority or district, or other local government entity who exercises responsibilities beyond those that are advisory in nature. (Note: Persons who exercise "responsibilities beyond those that are advisory in nature" would include, for example, the members of the Planning and Zoning Commission or the Zoning Board of Adjustments. 4 e e b. "Business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law. 1.2 Substantial Interest in Business Entity a. For purposes of this chapter, a person has a substantial interest in a business entity if: (1) the interest ownership of ten percent or more of the voting stock or shares of the business entity or ownership of $2,500 or more of the fair market value of the business entity: or (2) funds received by the person from the business entity exceed ten percent of the person's gross income for the previous year. b. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c. A local public official is considered to have a substantial interest under this section if a person related to the official within the second degree by consanguinity of affinity has a substantial interest under this section. 1.3 Prohibited Acts; Penalty a. Except as provided by Section 171.005 or 171.006, a local public official commits an offense if the official knowingly: (1) participates in a vote or decision on a matter involving a business entity in which the official has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity: or (2) acts a surety for a business entity that has work, business, or a contract with the governmental entity; or acts as surety on any official bond requirement of an officer of the governmental entity. b. An offense under this seCtion is i Class A misdemeanor. 1.4 Affidavit Required a. If a local public official has a substantial interest in a business entity that would be peculiarly affected by an official action taken by the governing body, the official sball file, before a vote or decision on the matter, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. b. The affidavit must be filed with the official record keeper of the governmental entity. 5 e e 1.5 Contract Authorized The governing body of a governmental entity may contract for the purchase of services or personal property with a business entity in which a member of the governing, body has a substantial interest if the business entity is the only business entity that: a. provides the needed service or product within the jurisdiction of the government entity; b. bids on the contract. 1.6 Voting on Budget a. The governing body of a governmental entity shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the governing body has a substantial interest. b. The affected member may not participate in the separate vote, but may vote on a final budget if: (1) The member has complied with this chapter; and (2) The matter in which the member is concerned has been resolved. 1.7 No Limitation on Common Law Remedies a. The penalties and remedies provided by this chapter does not limit common law remedies in tort, contract, or equity. including a suit for damages, injunction, or mandamus. b. The finding by a court of a violation under this chapter does not render an action of the governing body void unless the measure that was the subject of a action involving a conflict of interest would not have passed tile governing body without the vote of the person who violated the chapter. Section 2. Open Meetings Act. Texas _~vernment Code, Chapter 551 is commonly referred to as the TEXAS OPEN Mlili"nl'lG ACT. "This article generally requires that every meeting of a governmental body be open to the public and enumerates some exceptions to the requirement. 2.1 "Meeting" means a deh'beration between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body take formal action. 2.2 "Governmental Body" means every City Council in the State, and every deliberative body having rule matring or quasi-judicial power and classified as a department, agency, or political subdivision of a city. 6 e e 2.3 "Deliberation" means a verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business. 2.4 A Posted Notice is required of a meeting of a City governmental body. Written notice of the date, hour, place, and subject of each meeting must be posted on a public bulletin board, located at a place convenient to the public in the City Hall for at least 72 hours preceding the scheduled time of the meeting. Only those matters posted can be discussed and acted on by the governmental body. 2.5 Minutes are required to be prepared or a tape recording made of each open meeting. 2.6 Closed Meetings. The Texas Open Meetings Act, does allow for closed or executive meetings on a few limited subjects. Closed meetings are allowed to discuss pending litigation, certain personnel matters, and the lease or acquisition of land. However, before a closed meeting can be held, a quorum of the governmental body must convene in an open meeting and the presiding officer publicly announce that a closed meeting will be held and identify the sections of the Open Meeting Act authorizing the closed meeting. No final action, decision, or vote can be made in a closed meeting. All final actions, decisions, and votes must be made in open meetings. Further, the governmental body is required to keep a certified agenda of the matters discussed in the closed meeting and a record of any further action taken. The presiding officer must include an announcement at the beginning and end of the closed meeting indicating the time and place, and must certify that the agenda is a true and correct record of the proceedings. In lieu of maintaining a certified agenda, a tape recording of the closed meeting may be made. It is a misdemeanor offense to participate in a closed meeting where a certified agenda or tape recording is not kept. It is also a misdemeanor offense for any individual to make public such certified agenda or tape recordings unless directed by a court order. These certified agendas or tape recording must be preserved for at least two years. 2.7 Penalties. A fine of not less than $100 not more than $500 or imprisonment in the County jail for not less than one month nor more than six months, or both fine and imprisonment, can be imposed for violating the provisions of the Open Meetings Act or conspiring to circumvent the provisions of the Open Meetings Act by meeting in number less than a quorum for the purposes of secret deliberations. Section 3 Open Records Act. Texas Government Code, Chapter 552 is commonly referred to as the TEXAS OPEN RECORDS ACT. 3.1 The Open Records Act applies to virtually all local and state governmental bodies, "private" entities that are supported by or that expend public funds and/or information held by "private" entities in the constructive possession of governmental bodies. 3.2 All information held by a governmental body must be released unless the information falls within one of the acts specific exceptions to disclosure. 3.3 Virtually all information in the physical possession of a governmental body is subject to the act. 3.4 Penalties. A fine of not less than $25 or more than $4,000 or confinement County jail for not less than three days or more than three months, or both fine and confinement, can be imposed for violating the provisions of the Open Records Act. 7 e e 3.5 A request for information that is received by a Board or Commission under the Open Records Act, should immediately file the written request to both the City Attorney and City Manager. The act requires that a Governmental body must request a deCision from the Attorney General, within ten (10) calendar days after the date of receipt of request, prior to withholding information. Section 4 Meeting Attendance. A member of a Board or Commission that has a regular monthly or semi-monthly meeting shall be expected to maintain a suitable attendance record. It is important to keep in mind that your attendance is very important to the Board or Commission you are serving on and that the City Council appointed you for your expertise. Certain Boards and Commissions may have attendance policies established by Ordinance or Statute. However, because your attendance is important, the City Council has also adopted the following attendance policy: If a board member is absent from more than twenty-five percent (25%) of the duly called meetings in any period of twelve consecutive months or absent from more than two (2) duly called meetings in any period of twelve consecutive months, whichever is greater, for any reason, other than a medical reason which prevents the member's attendance, will be subject to removal by City Council. The term "duly called meetings" includes all meetings of the board and all meetings of subcommittees of the board on which the board member serves. The Secretary of the Board or Commission is responsible for keeping track of the members' attendance. The Secretary shall provide the La Porte's City Council, through the City Secretary's Office, with a quarterly attendance report. Section 5 Working with City Staff. Each Board or Commission member is encouraged to communicate openly with the City Staff. Suggestions, opportunities, and constructive criticism are necessary for a proper relationship with the staff. However, each Board or Commission member is strongly encouraged to communicate with the appropriate department director assigned to that Board or Commission or with the City Manager's Office. Contact with operational type people or individuals below the department director level is discouraged. The Director of Planning working with the Planning and Zoning Commission members and the Director of Public works communicating with the Airport Advisory Board are examples of these relationships. Section 6 Reporting to the City Council. The council is highly dependent on each Board and Commission to make recommendations and offer possible solutions to City projects and opportunities. All Boards and commissions are encouraged to communicate the position of the total or majority of the group. Such communication or recommendations should be in a formal or written form. Of course, each Board or Commission member may from time-to-time want to visit informally with a Council member. This one-on-one informal communication is necessary, but, to protect the integrity of the organization, the complete Council should be addressed in terms of the majority of the members of the Board or Commission. . 8 e e CHAPTER IV MEETINGS Section 1 Role of the Chairman. The function of the chairman is to provide leadership to the group. He/She has certain duties and responsibilities that must be performed. 1.1 Insure that the meeting is conducted in accordance with established rules. 1.2 Maintain order and bring the group to a conclusion on the matters before it. Section 2 The Agenda. The agenda should always be prepared ahead of time and copies given to all Board or Commission members ahead of time if possible. If non-members attend the meeting, they should also be provided with an agenda. The agenda should be prepared by the department director or staff person assigned to the Board or Commission. All Boards and Commissions are subject to the Open Meetings Act and their agenda must be properly posted in a public place, at least 72 hours prior to the meeting. . Generally, the first order of business on the agenda is the reading, correcting and passing of the minutes from the last meeting. Next are matters properly listed on the agenda, followed by reports from staff or committees. Section 3 Robert's Rules of Order. Meetings of Boards and Commissions are generally conducted under standard parliamentary rules as outlined in Robert's Rules of Order. APPENDIX C contains a quick reference chart for frequently used Robert's Rules of Order. Section 4 Public Hearings are open forums that allow the public an opportunity to express their opinion on a specific issue related to the City of La Porte. Public Hearings are generally conducted in the following manner; 4.1 The Chairman of the Board or Commission formally opens the Public Hearing. -: .- 4.2 Proponents (those in fav?r) of measure speak first. 4.3 Opponents (those against) speak second. 4.4 After hearing all who wish to comment on the issue, the proponents are allowed to give a rebuttal and summarize their position, and then the Chairman formally closes the Public Hearing. 4.5 Members of the Board or Commission may ask questions at anytime, of any witness. Board or Commission members are encouraged to ask questions even after the 9 e e hearing is closed. After the Public Hearing is closed, members of the public may speak ONLY in answer to a question asked by a member of the Board or Commission. 4.6 If a Public Hearing drew a large number of interested Citizens, a time limit for individual speakers may be set by the Board or Commission before the Public Hearing. 4.7 The Chairman may use hislher judgement about how strictly this format is followed. Section 5 Quorum. A quorum is the minimum number of members needed to officially conduct business. The quorum is generally established by the ordinance, resolution, or other document that establishes the Board or Commission. Where no statement on the quorum number exists the quorum is the majority of the members. Section 6 Signing the Minutes for the Meeting. The Minutes of Decision-Making Boards and Commissions MUST be signed by either the Chairman and/or the Secretary once the Minutes are approved by the members of the Board or Commission. 10 e e APPENDIX A DESCRIPTION OF BOARDS AND COMMISSIONS ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board - The Airport Advisory Board advises the City Council on matters relating to the most desirable and efficient operation of the City Municipal Airport. The Airport Advisory Board shall review, from time to time, the City Airport Master Plan, and recommend updating or revisions to such Airport Master Plan. The Board may also make recommendations on such matters as rules and regulations for operations at the Municipal Airport, and for any needed improvements to the facilities at the airport, including such matters as navigational aids, ordinances, zoning requests, height restrictions, development, as well as any other improvements which the board feels would enhance the utility of the City Municipal Airport. Fire Code Review Committee - The Fire Code Review Committee considers variances, interprets the provisions of the fIre code, recommends changes in the fIre code and hears appeals from decisions of the Fire Chief or Fire Marshal. DESCISION MAKING BOARDS AND COMMISSIONS Pltznning & Zoning Commission - The Planning and Zoning Commission reviews studies made by City staff or other professionals which project plans for the improvements of the City, with a view toward its future development and extension, and to recommend to the City Council matters for the development and advancement of the City's facilities, layout and appearance. And to perform duties imposed on the Planning and Zoning Commission by the statutes of the State which include; Approval of plats, or replats of additions within the City limits, or within the . extraterritorial jurisdiction of the City. Recommendations to Council regarding the location of zoning districts and restrictions therein. Hearing requests for proposed changes. in zoning classification filed by any interested party . The Planning and Zoning Commission also conducts reviews of the City's Comprehensive Plan and recommends the location and extent of the Plan's projected needs including but not limited to: Land Use Plan Thoroughfare Plan Utilities Systems Open Space I Pedestrian System Plan Beautification and Conservation Plan Public Safety Plan Community Facilities Plan Capital Improvement Program 11 e e Zoning Board of Adjustment - The Board of Adjustment shall hear and decide appeals to any order, requirement, decision or determination made by the Building Official related to the Zoning Ordinance. The Board also hears and decides on special exceptions and variances as long as their action is not contrary to public interest and is within the guidelines established by State Law and the City's Zoning Ordinance. The Board shall also conduct public hearings and render decisions regarding the Zoning Ordinance's provisions for non-conforming structures and uses. Civil Service Commission - The Civil Service Commission was established in 1981, when the citizens voted to adopt the State's Municipal Civil Service Law, as it applies to sworn police officers. In compliance with State Law, the Commission has adopted rules relating to the appointments and the promotions of sworn police officers. Furthermore, the Civil Service Commission conducts investigations and hearings related to police officers appeals of disciplinary actions. SEPARATE LEGAL El'ITITIES La Porte Area Water Authority - The La Porte Area Water Authority was created in 1981 by the State Legislature. The legislation granted the Authority rights and powers related to acquisition of water supplies and the collection I treatment of wastes. The early mission of the Authority was to secure surface water supplies and provide for the delivery of this surface water to entities contracting with the Authority. The Authority may purchase, construct, lease or otherwise acquire property and facilities relating to their mission. They may contract with persons, corporations, municipal corporations, and political subdivisions of the State with the approval of the City Council. = .... 12 e e APPENDIX B BOARDS AND COMMISSIONS HAVING ELIGmILITY REQUIREMENTS Airport Advisory Board Members shall be: Position 1 - Shall be a Fixed Base Operator lessee at the City Municipal Airport. Position 2 - Shall be a member of the Aeronautical Department at San Jacinto College. Position 3 - Shall be a licensed pilot active at the City Municipal Airport. Position 4 - Shall be a licensed pilot who is a resident of La Porte and active at the City Municipal Airport. Position 5 - Shall be a resident of the City. Position 6 - Shall be a resident of the City. Position 7 - Shall be the City Airport Manager. In addition, there are 2 Advisory Members: A representative of the FAA A representative of the airline or commuter airline industry. Planning & Zoning Commission The City Planning and Zoning Commission shall consist of seven members who are resident citizens and qualified voters of the City. Furthermore, the Planning and Zoning Commission shall consist of a member from each of the six council districts, and a chairman. The term of the six members from the six council districts shall coincide with the term of office of the Councilperson for said district. The term of office for the chairman shall coincide with the term of office of the Mayor. Each member who is appointed from a district shall be a resident of the district from which he is appointed at the time of his appointment and continuously throughout his tenure in office. Zoning Board of Adjustment The 5 members and 2 alternates shall be citizens of the City of La Porte and who are not members of the City Council or the Planning and Zoning Commission, each to be appointed by the City Council. Civil Service Commission A person appointed to the Commission must: 1. Be of good moral character 2. Be a United States Citizen o. .....~ 3. Be a resident of the municipality who has resided in the municipality for more than three years. 4. Be over 25 years of age; and 5. Not have held a public office within the preceding three years. La Porte Area Water Authority Powers of the authority shall be exercised by a board of five directors, none of who shall be a member of the City Council of the City of La Porte during his term 13 e e Fire Code Review Committee - The Fire Code Review Committee consists of 9 voting members and 3 ex-officio members. Each member of the City Council shall appoint one person. Said members shall reside in the City of La Porte. The Mayor and At-Large Councilpersons shall each appoint 1 member, said member shall reside in La Pone. The 3 ex-officio members shall be the Fire Chief, or his duly authorized representative, the Fire Marshal, or his duly authorized representative, and the Chief Building Official, or his duly authorized representative. All nominations are subject to confirmation by a majority of the City Council. ~: - 14 e e APPENDIX C Robert's Rules of Order Relating to Motions MOTION e 0::: w w e e 0::: z en w wO:::o::: w e w z ... cwo ...J ::E 0 ffig 0::::I:0 m c( c.J we O......J ~ we w w 0:::> lDW LLOLL ~w m 0::: -... ...0 o~w ~ m~ ::>- z z 00::: enZ ...z:I: w wLL c( c( wO ::>0 ::>w'" e OZ c.J c.J o::::l ~c.J O~~ 0 w c.J :E en Adjourn No Yes No No Yes Yes Yes Adopt/Accept a Report Yes Yes Yes Yes Yes Yes Yes Adopt constitutions, By-laws, and Rules of Order Yes Yes Yes 1 Yes Yes Yes Adopt Standing Rules Yes Yes Yes Yes Yes Yes Yes Amend 2 Yes Yes Yes Yes Yes Yes Amend an Amendment 2 Yes No Yes Yes Yes Yes Amend Constitution, By-laws, and Rules of Order Yes Yes Yes 1 3 Yes Yes Amend Standing Rules Yes Yes Yes Yes 4 Yes Yes Appeal (excluding Indecorum) Yes Yes No Yes Yes Yes No Debate, to Close, Limit or Extend No Yes Yes Yes No Yes Yes Division of Assemble No Yes No No Yes No No Division of Question No Yes Yes No Yes 5 5 Fix the Time to Adjourn 6 Yes Yes Yes Yes Yes Yes ,. Informal Consideration of Question Yes Yes No 1 Yes Yes Yes Lay on the Table ~ .. No Yes Yes No Yes Yes Yes Main Motion or Question Yes Yes Yes Yes Yes Yes Yes Nomination, to Make Yes Yes No No Yes No Yes Nominations, to Close No Yes Yes No No Yes Yes Nomination, to Re-open No Yes Yes 1 Yes Yes Yes Objection to Consideration of a Question No Yes No 1 7 No No 15 e e Robert's Rules of Order Relating to Motions MOTION a::: ~ ~ zO C w9 Cz a: w J:u. C a::: C 3:w ~O w w 0 z U::i= C C ~ 0 a:::J: z Cii U WI- ZrJJ ::E crJJ w ow w z W -oJ u:J ::E 0 (fJ (fJ 3~ !XI wO c( U W W ~ W w a::: !XI u.a::: e( ~o !XI a::: :5 I- Ow !XI !XI~ Z ~ Ow (fJ I-J: W wC c( :J :JI- C CZ U U wI- ::E 00 w a::: 0 ~ Q. > Order, Question of No Yes No No Yes No No Order, to Make a Special Yes Yes Yes Yes No Yes Yes Orders of the Day, to Call for No Yes No No Yes No No Parliamentary Inquire No Yes No No Yes No No Postpone Definitely (to Certain Time) Yes Yes Yes Yes Yes Yes Yes Postpone Indefinitely Yes No No 8 Yes Yes Yes Previous Question No Yes No 9 No Yes Yes Privilege, to Raise Question of No Yes No No Yes No No Recess, to Take a 6 Yes Yes No Yes Yes Yes Reconsider 2 10 No No Yes Yes Yes Substitute (same as Amend) Yes Yes Yes Yes Yes Yes Yes . ," Suspend the Rules No Yes No No No Yes Yes - Take from the Table No Yes No No Yes Yes Yes Withdraw No Yes No 1 Yes No Yes 16 e e FOOTNOTES TO TABLE OF ROBERT'S RULES OF ORDER 1. An affirmative vote on this motion cannot be reconsidered. 2. Undebatable when the motion to be amended, reconsidered, or rescinded is undebatable. 3. Constitutions, By -Laws, and Rules of Order before adoption are in every .respect main motions and may be amended by majority vote. After adoption they require prior notice and 2/3 vote for amendment. 4. Standing Rules may be amended at any time by a majority vote if previous notice has been given, or by a 2/3 vote without notice. 5. If resolutions or propositions relate to different subjects which are independent of each other, they must be divided on the request of a single member, which may be made when another has the floor. If they relate to the same subject and yet each part can stand alone, they may be divided only on a regular motion and vote. 6. Undebatable if made when another question is before the assembly. 7. The objection can be made only when the question is first introduced, before debate. A 2/3 vote must be opposed to the consideration in order to sustain the objection. 8. Negative vote on this motion cannot be reconsidered. 9. Cannot be reconsidered after a vote has been taken under it. 10. Opens to debate main questio~ when latter is debatable. 17 . . . '::. City of La Porte Revised April 1999 e e. REalsT FOR CITY COUNCIL AGENDA~ Agenda Date Requested: Aoril 1 2. 1999 Requested By: Doug Kneupoe~ Report ~~s~ution Department: Planning X Ordinance Exhibits: 1. 2. 3. Ordinance Exhibit II A" - Area Map Exhibit liB" - Letter from L.P.I.S.D. SUMMARY & RECOMMENDATION The City has been petitioned by La Porte Independent School District (L.P.I.S.D.) to close, vacate, and abandon the remaining 25' of the alley in Block 87, Town of La Porte. This portion of the alley is situated between Lots 1 and 32 in the block (see Exhibit -A-). The purpose of the request is to facilitate replatting of Block 87, Town of La Porte for the development of the district's new DeWalt Alternative School. The Planning and Public Works Departments have previously reviewed this request and determined that the City has no immediate or future plans to utilize the alley in question. The previous alley closing action required the relocation of an existing sanitary sewer line from the alley. This relocation has been completed and the sewer line is now located along N. 3rd Street. The City's franchised utility companies have also reviewed the request and have expressed no objections to this closing. In June of 1998, L.P.I.S.D. petitioned the City to close the entire alley of Block 87, Town of La Porte. However, due to conflicts with the acquisition of Lot 32 in this block, the district amended its request to exclude the northernmost 25' of the alley (see Exhibit -B-). As a result of the district's request, Council passed and approved Ordinance 98-2252, which closed, vacated, and abandoned the southernmost 375' of the alley in Block 87 in order to allow the district to proceed with site development while acquisition of Lot 32 was underway. In August of 1998, the district acquired title to this property and currently desire to complete the closing of the alley. In accordance with Article II, Section 62-35 (c) of the Code of Ordinances, the district is exempt from the payment of fair market value to the City. Recommendation Staff recommends vacating, closing, and abandoning of the northernmost 25' portion of the alley in Block 87, Town of La Porte to La Porte Independent School District to facilitate development of the new DeWalt Alternative School. Action Required by Council: Consider approval of an ordinance to close, vacate, and abandon the northernmost 25' of the alley in Block 87, Town of La Porte. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council Aaenda -0?~ T ~ Y-i-qq Robert T. Herrera DATE e e ORDINANCE NO. 99- 2 3 2 0 '-'-'1"1 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE NORTHERNMOST TWENTY-FIVE FEET (25') OF THE ALLEY IN BLOCK 87, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE Wlm mE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described northernmost twenty-five feet (25') of the alley in Block 87, Town of La Porte, Harris County, Texas; to vacate, abandon, and pennanently close the northernmost twenty-five feet (25') of the alley in Block 87, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, detennine, and declare that the hereinafter described northernmost twenty-five feet (25') of the alley in Block 87, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described northernmost twenty-five feet (25') of the alley in Block 87, Town of La' Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter descnbed northernmost twenty-five feet (25') of the alley in Block 87, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and penoanently closed. BE IT ORDAINED BY THE CITY COUNCn. OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.00 1, Texas Local Government Code, the hereinafter descn"bed northernmost twenty-five feet (25') of the alley in Blocks 87, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: That portion of tbe sixteen foot (16') wide alley in Block 87, Town of La Porte situated between Lot 1 and Lot 32, Block 87, Town of La Porte and containing four hundred (400) square feet. e e 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 precMing this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and fonnally 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 12th DAY OF APRIL 1999. CITY OF LA PORTE By: ~~ Norman. one, Mayo . ATTEST: ~~f1 .!1;lJW Martha: Gillett, - CIty Secretary APPR?: // tJ:{;;r a) ~~ Knox W. Askins, City Attorney REMAINDER of ALLEY TO BE CLOSED MADISON ST. N.T.S. 1 32 2 31 ------------ ------------ I~I ------------l~r------------ ------------~ I~_____------- CX) . ____________JmL____________ . ~ 101 ~ ~ ------------l~r------------ ~ ~ ------------1 ~---------~-- ~ ~ -----------~~------------ ~ ~ ------------lor------------ ~ w ---------~--1~~------------ ------------JdL------------ I I ------------l~r------------ -.J ------------1~~------------ --_________~J L____________ I~I 16----------1 r---------1~ TYLER ST. 111-11-01 ElIIIIT II.R ,,-' ~-- _::' ~< \, '.,_-1 C-.~/~' ~// ~~:- "':;~~- ~~<~)r ";":;0:;~i (e (e La Porte Independent School District lohn E. Sawyer, Ed. D. Superintendent of Schools ",?~:::'~~_-:'-.L/~ L.-:\~-:::--~;--.::--:.~ ~ -:--:-:-::' ~ -'~--;,.::-.:..:...::..::. -- ~ - I ' t-~- ,', - ~. --' '.."'~ // 'I r ~""" BOARD OF TRUSTEES Bill Bentley President Rachel H. Hampton Vice President Mike McLauglllin Secretary June 4, 1998 Henrietta Allen Cleo Davison Charlie G. Perry Gordon Westmoreland Trustees Mr. Doug Kneupper City Engineer, City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Mr. Kneupper, The La Porte Independent School District would like alter our request for the alley closing on Block 87, City of La Porte. Please remove the north twenty-five (25) feet oflots one (1) through thirty-two (32) from the request. As soon as the District completes the accusation oflot 32 we will make an additional request for the closure of the final twenty-five feet. Thank you and all of the Planning and Inspection Department for your help. If you have any further questions, please do not hesitate to callan me. Sincerely. ~~ ~-- Executive Director of Opera~ions LaPorte I.S.D. Cc: Jerry Bevel. CLR Architects David Walker. Comex 301 East Fairmant Parkway La Porte, Texas 77571 Public Information Office (281) 842-2690 Fax (281) 842-2694 $)(#/.8// '~" Superintendent's Office (281) 842-2551 Business Office (281) 842-2175 Instruction Department (281) 842-2552 Personnel Services (281) 842-2556 e e RE!ST FOR CITY COUNCIL AGENDA 1'. Agenda Date Requested: Requested By: Dou Department: Plannina Report x Ordinance Exhibits: 1. 2. 3. Ordinance Exhibit "A" - Closing Exhibit Exhibit "B" - Letter from Applicant to City Manager SUMMARY & RECOMMENDATION The City of La Pone has been petitioned by Ms. Rae Fairfield, President of Chaparral Group, Inc., to close, vacate, and abandon the East "L" Street Right-of-Way between Blocks 1121 and 1160, Town of La Pone (see Exhibit "A" - Closing Exhibit). The purpose this request is to facilitate the future development of an apanment complex for senior living. The Planning and Public Works Departments have reviewed the request and determined that the City has no existing or future plans to utilize the right-of-way in question. Additionally, the City's franchised utility companies have reviewed this request and each has expressed no objection. In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal of the right-of-way in question. As a result, the fair market value of the property has been set at $1.30 per square foot. This portion of the E. "L" Street Right-of-Way contains 21,280 square feet resulting in a fair market value of $27,664. As per Ordinance No. 98-2225, "Fair market value shall be considered seventy-five percent (75%) of the fee value as determined by such independent appraisal". Therefore, the applicant will make payment to the City in the amount of $20,748. To finance the project, the developer is applying for Seniors Tax Credit from the State of Texas. In order to coordinate funding, the applicant requests that consideration be made to allow for payment of fair market value fees by October 30, 1999. Although such conditions for payment of closing fees is not standard City policy, staff has made special consideration to assist the applicant with this specific request (see Exhibit "B" - Letter from Applicant). Recommendation: Staff recommends closing, vacating, and abandoning the East "L" Street Right-of-Way as shown on Exhibit "A" (attached hereto) granting applicant until October 30, 1999 to make payment of fair market value fees ($20,748) to the City. Action Reauired bv Council: Consider approval of an ordinance to close, vacate, and abandon the East "L" Street Right-of-Way between Blocks 1121 and 1160, Town of La Porte. Said ordinance stipulating payment of fair market value fees to the City no later than October 30, 1999. Availability of Funds: N/A General Fund Capital Improvement Other VVaterlVVastevvater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council Aaenda G~T. ~ l{ -,-4't Robert T. Herrera City Manager DATE e e 1 ORDINANCE NO. 99- 2321 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE EAST "L" STREETRlGBT-oF-WAY, TOWN OFLAPORTE,HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of property abutting the hereinafter described portion of the East "L n Street Right-of-Way, Town of La Porte, Harris County, Texas; to vacate, abandon, and pennanently close the hereinafter described portion of the East "L n Street Right-of-Way, Town of La Porte, Hanis County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find. determine, and declare that the hereinafter described portion of the East "L n Street Right-of-Way, Town of La Porte, Hanis County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described portion of the East "L" Street Right-of-Way, Town of La Porte, Hams County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the East "L n Street Right-of-Way, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCn. OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the East "L" Street Right-of-Way, Town of La Porte, Harris County, Te..'<aS, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: That portion of the East "L" Street Right-of-Way situated between Block 1121 and Block 1160, Town of La Porte, Harris County, Texas Section 2. The City Council officially finds, detennines, 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 ORDINANCE NO. 99-2321 e e 2 required by the Open Meetings Law, Chapter 551, Texas Government Code~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. 'Ibis ordinance sball be effective from and after its passage and approval, and it is so ordered. Applicant sball have until October 30, 1999 to pay to the City of La Porte in certified funds the sum of $20,748 as consideration hereunder. PASSED AND APPROVED, THIS 12th DAY OF APRU.. 1999. CITY OF LA PORTE ~~~ By: ATI'EST: '~~)f~!J~ Gillett, City S . /I ,~ ./1 //1 oZz:rJ ~~- . Knox W. Askins. Oty Attorney E. "K" ST. 'II'IIEI Gllllll 1 I TOTAL SQ. FT. = 21,280 I I I I I I I I ......... I I N N.T.S. v I I N I I I I .- I I I I Q I I a::: 1~?2 0 I I ......... 1~~1 rr;)f t:i I~I I~I ,.-, I'-I leil lei 1 I~I I~I 11 M ~ 18, 181 I~I I~I . Idl Idl ~ ~ Ul c E. "L" ST. z <C 0 0 C) ~ .- v W co 0 .- ~ . Q 0 (/) . a::: W 0 ~ Q w Ul 0 .....J U 1 9 U) 1 0 <C X w ~ E. "M" ST. EXHIBIT ..A.. SAC-98-05 04/01/1999 03:13 7134683833 PAGE 02 . e - -- Muhifami/y and Commerr:ial Real Estate Developers & ConstructolS April 1, 1999 Mr. Robert T. Herrera City Manager 604.W. Fairmon! Par La Porte, Texas nS7 Dear Bob, I have chatted with C 01 and Doug about our need to supply information to The State Housing Department this year hat answers the criticisms they made of our application last year. They criticize anything that s vague and not perfected, as they think it will never happen. Specifically, In our gement with the City to abandon the street, it was reported to them that it was in process and ould likely be approved by the City. They said that anything that is not yet approved they sin eIy doubt will ever be approved on any projects they receive applications on. Therefore, we hu bIy request that they City pass an ordinance by City Council that says the abandonment of Dl" $I eet has been approved, subject only to payment by La Porte Venture Ltd. or .Chaparral Group, nc., it's General Partner, of the stipulated price. Such to be done on or before Oct. 30. 1999. I request this deadlin elate because it is coincidental with the deadline on our land purchase contract. We expect t receive tax credits in July or August and get our land purchases closed in October (maybe e n September). I have additionally r: ested of Doug, that on the letter that I got from you yesterday, the clause about potential revie of rezoning be deleted. last year when I was there working with you, Doug, Debbie and e erybody we looked up the zoning issue on these three City blocks and determined to everyb s satisfaction at that time, that there would not be a need for rezoning in as much as two of t e blocks are presently zoned General Commercial which includes ml,llti- family. One block is z ned Multi-Family. Therefore, our medium density (16 per acre) apartment project for Seniors wi fit into the current zoning for each block. .I would greatly appre ate your deleting this current paragraph about a potential need to review the zoning in as muc as it would cause the state to go paranoid. They would not believe that any rezoning would er occur. They have people frequently lie to them in their applications, from various Cities cross the state, and they do not believe things that are not already accomplished. We are trying to pe ct our application this year so they cannot bring up these criticisms. We are making aO)UStme s to many areas of our application to accomplish this goal and believe that we will be successful. The main difficulty is the quantity of applications they receive each year. They received abou 200 last year and are expected to receive as many as 250 this year. Therefore, it is absol ely critical to have very strong City support in order for It to receive any modicum of interest t the State level. . 11123 Katy Fr eway, Houston, Texas 77079 · (713) 468-1500 · Fax (713) 468-3833 E-Mail: ChaparlGrp@aol.com EXHIBIT "B" 04/01/1999 03:13 7134683833 PAGE 03 e e April 1 . 1999 Robert T. Herrera Page 2 You have been very nd to assist us with this and although we did not get credits last year we were put on the waittn list We are simply hoping that this year they will remember the people that they put in that s and category last year and give us some sort of consideration because of that this year. I very much apprec. all your help and fetters and look forward to successfully getting this project started in La rte. AF:tg e e e e Agenda Date Requested: Requested By: Ste hen L. Barr XX Report Resolution CIL AGENDA ITEM Department: Parks & Recreation Exhibits: 1. RFP #0077 - Summary of Request for Proposals for Food, Beverage, and Concession at Sylvan Beach Pavilion Summary and Bid List 2. SUMMARY & RECOMMENDATION The City of La Porte has requested proposals from responsible food service and concession companies in the area to provide food, beverage, and concession services at Sylvan Beach Pavilion. Bid Proposals were mailed to seven (7) vendors, with two (2) responding. The proposals were opened on March 22, 1999. Staff has reviewed the proposals and determined that Gulf Coast/Galveston Concessions and Catering submitted the proposal most advantageous ~o the City of La Porte. This contract would be fQr a four (4) year term, with the option for three (3) additional one (1) year terms. The Gulf Coast/Galveston Concessions and Catering proposes to provide food, beverage, and concession services at Sylvan Beach Pavilion upon request by Pavilion lessees. Gulf Coast/Galveston Concessions and Catering proposes to pay the City twenty-seven percent (27%) of the gross revenue generated as a result of this contract. The current service provider is Las Hadas Mexican Restaurants, who pays the City twenty and one-half percent (20.5%) of gross revenue. Las Hadas' new proposal was for twenty percent (20%) of gross revenue. The price list submitted by Gulf Coast/Galveston Concessions and Catering is very reasonable and compares favorably to the prices proposed by the previous concessionaire. The City of La Porte has contracted concession services for Bay Forest Golf Course through Gulf Coast/Galveston Concessions and Catering for the past five and one-half (5 %) years with excellent success. They have performed their responsibilities under the contract in an excellent manner. Staff believes that they will continue to provide excellent !?ervice for the City at Sylvan Beach Pavilion if this contract is approved. Action Required by Council: Consider authorizing the City Manager to enter into a contract with Gulf Coast/Galveston Concessions and Catering to provide food, beverage, and concession services for the City of La Porte at Sylvan Beach Pavilion. Availability of Funds: General Fund _ Capital Improvement XX N/A Account Number: WaterlWastewater _ General Revenue Sharing Funds Available: -"- YES NO Approved for City Council Agenda ~~ R ert T~! rrera ity Man ger ilL f 1/U/f' Date I I e e CITY OF LA PORTE INTEROFFICE MEMORANDUM MARCH 22, 1999 FROM: STEPHEN BARR, DIRECTOR OF PARKS & RECREATION SUSAN' KELLEY, PURCHASING MANAGER "" ~ RFP #0077 - FOOD. BEVERAGE AND CONCESSION AT SYLVAN BEACH PAVILION TO: SUBJ: The closing date for advertised, RFP #0077 - Food, Beverage and Concession at Sylvan Beach Pavilion was March 22, 1999. Bid proposals were mailed to seven (7) vendors with two (2) returning proposals. Copies of the proposals are attached for your review. 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 ~otify me. Attachment: Bidder's List Bid Copies 3"- . s 1 ; -A'! \ L",." :"a"'t ~ clto-..~,..\.... " ..........~ ~..:.~.'. . Q,Io.~~"""-: 'I"~ :' ".;. ,IJ......- i' :..-~, 1. ..; :.. I , ra ..~... -=:~\7~:j) CASUAL CATERING 616 N. SHADY LANE LA PORTE, TX 77571 HOPPIES BBC 1602 WEST MAIN STREET LA PORTE TX 77571 KEVIN O'BRIEN 13225 STREET SANTA FE, TX 77510 TWO CAJUNS CAFE 10003 SPENCER HIGHWAY LA PORTE TX 77571 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77571 e e BIDDER'S LIST SYLVAN BEACH CONCESSIONS R.F.P. #0077 EL TORO MEXICAN RESTAURANT 616 WEST MAIN STREET LA PORTE TX 77571 LAS HADAS MEXICAN RESTAURANT 204 WEST FAIRMONT PAR'r<JNAY LA PORTE TX 77571 . TORTILLA'S MEXICAN RESTAURANT 9602 SPENCER HIGHWAY LA PORTE TX 77571 . BA YSHORE SUN PUBLISH DATES: MARCH 7, 1999 MARCH 14, 1999 . e GULF COAST/GALVESTON CONCESSIONS. -alld Ctltering (713) 761-9413 (409) 943-65i9 Fax: . (409) 925-4004 All Occasi01ls RFP #0077 FOOD, BEVERAGE AND CO~CE&SION AT SYLVAN BEACH PAVILIO'N- Monday, March 2Z, 1999- -. Submitted by: Kevin D. O'Brien dba Gulf Coast/Galveston Concessions & Catering .I -. ," e- :CITY OF LA PORTE I ne foregoing prices shall. indude all labor, materials, equipment, bailing, shoring, removal. overhead. profit. i.nsurance, etc., to cover the finished work of the several kinds called for. . Offeror understands that the Owner reserves the right to rejeCt any or all proposals and to waive any infQ.r.m~lities in the bidding. . . . Tne offeror agrees that this prqposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing til}1e for receiving proposals-. Respectfuny submitted: _. I -I~ [ LJc)/~ Signature _ . Kevin D. O'Brien Name (please print) Owner Title Gulf Coast/Galveston Concessions & Business . Ca tering 13225 4-1/2 St. Address Santa Fe, Ix. 77510 City, State,'Zip Code (SEAL - if proposal is by a Corporation) ~ . . ," .e CITY OF LA PORTE CERnFICA nON BY BIDDER T:'1e undersigned bidder here~y certifies it has been fumish~ a copy of City of La. Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the C~ of La Porte from any person, firm. or corporation owing any delinquent indebtedness to the City. ~.,e undersigned bidder further certifies that it is in compliance wfth the requirements of said ordinance. . If undersigned bic;fder is not in compliance with Ordinance 98-2217, tt hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure -to -remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. OOThe undersigned hereby certifies that it is in compliance with Ordinance 98-2217~ or _ The undersigned assigns to the City of La Porte, the amo.unt of its delinqUent . indebtedness, to be deducted bY"the City of La Porte from the amounts due the undersigned. - (Initial one of the above) Business Name: Gulf Coast/Galveston Concessions & Catering Address: . 13225 4-1/2 St. Authorized Signature: Santa Fe, Ix. 77510 l~~ tSJ . OG,~..i.-- Printed Name: Kevin D. O'Bri.en . ~ ,I ,oe e RFP #0077.. SPECIFICA nONS FOOD, BEVERAGE AND .CONCESSION ITEMS SYLVAN BEACH PAVtUON INT:Ni: To. sec:.Jr:! 'an agreement for the ~shment cOr:!cessions at the Sylvan Beach C ... . aVlllon. i-. All proposals m.ust be on the form contained herein, signed in the space provided and accompanied by. a $urety bond, certifiE;d or cashier's check in the .amount of 51,000 and made payable to the City of La Porte and included in a sealed envelope marked YSylva.n Beach Pavilion - R.F.P. #. oon. 2. Letters of transmittal, financial statements and evidence of performance ~bility required to be submitted must not conflict with any of. the conditions or specifications. 3. The City reserves the rigtit to accept or reject any or all proposals. The ,City Council of the City of La Porte shall be the sole judge as to the best qualified offeror to' serve in the best interests of the public and may waive any informalities or technical errors that, in its judgment, will best serve those of interest. The following criteria will be used by the City to evaluate the proposals and to make a selection: 1. 2. 3. 4. 5. 6. Experience in the concession field. Strength of financial conditio.n. Monthly percentage of gross sales proposed. Price, size and content of items to be ,sold. Equipment to be installed. ' Ability to meet all ojher conditions specified. . , 4. In 'signing this proposal, the offeror agrees that he has, or they have carefully examil1ed the site of the concessions, the conditions and specifications, and uoderstands the meaning, intent and requirements of same and agrees further to enter into a written contract to furnish the items and services called for in strict" conformity with all requirements contained herein. or forfe.it bid surety. 5. Each offeror shall submit"a copy of their most recent audited final)cial statement on a form furnished herewith and a statement showing: (a) operating experience; (b) present concession operations; (c) present other operations; (d) gross revenues; (e) business references; and, (f) other qualifications. Each offeror must have actively engaged for a period of at least one (1) year in the operation of the food and beverage business such as is contemplated by these qualifications, and to have the ability to serve at least 750 persons at anyone time. The offeror, having familiarized himself with the notice to offeror, offeror's proposal form, specification~, plans and form of agreement in connectior:J with the refreshment' concession at the Sylvan Beach Pavilion, La Porte; Texas, hereby proposes to furnish the services and the payment. set forth herein according to sai~ Notice -to Offe~ors. Page 1 of IS ~l f . e - . In further and tuff consideration of the exclusive concession lease (. subject 'to the right .of City to allow food service by approved caterers in addition t~ Concessionaire), granted by . the City by and under said Offerors. the subscriber agrees to pay to the City of La Porte, after first deducting from gross receipts any' Federal, _ state, Municipal or other . governmental body taxes, import, duty or fee which shall..constitute a direct charge or imposition on sales, ( but not including ad valorem taxes, and taxes based on income or employee wages, and like taxes), the percentages which the subscriber sh~lI SEt forth in his offer, upgn the aforementioned grcss sales. It is understood that reports of gross . sales shall be made monthly with said reports made to the City of La Porte. All payments shall be made monthly, payable to the City of La Porte and deliyered to the Director cjf Parks & Recreation, or his designee, of the City of La PoFte.; . Concessionaire agrees to pay the City a monthly rate not less than or greater than the foll~wing: -~ 27 percentage of gross sales of food and beverages, and any and all otter items sold by Concessionaire at -Sylvan 8each Pavilion. Further, as part of its bid, COr:lcessionaire agrees to charge to the public the retail prices, exclusive of any sales tax, as shown on Exhibit "Price List!' attached hereto,. incorporate.d by reference herein, and made a part hereof for all purposes. - ..' .. The following is the full name and address of the person, firm or corporation interested in this proposal: NAME ADDRESS 13225 4-1/2 St. Santa Fe, Tx. 77510 Kevin D. O'Brien (State of CorpC?ration) Proprietorship . (If not a corporation,- state the form of business, whether proprietorship, partnership, or . otherwise, and give names of all partners and their addresses.) Also attached hereto ana' made a part hereof is Concessionaire's. Stater:nent of Qualification under Paragrap~ 5 of Instructions to Offerors. . . NAMEOFFIRMSUBMITIINnAPPLICATION: Gulf CoastiGalveston Concessions & SIGNATURE: . . -i{u: :..~:~ o-.('~~ Catering TITLE: Owner c;:s--. ~ .~~- ~-- ~~~ ~ ;} Page ~ of IS ,I, . e ." RFP '# 0017 SPECIAL CONDmONS AND SPECIFICA nONS 1. EXECUTION OF CONTRACT: Tne Contract shall be signed and returned by the suc..-essful offerer. together with the contract bond and certificates of insurance within ten (10) days, not including Sundays. after the offeror has received notice that the contract has been awarded. No proposal shall be consicered binding upon the City until execution of the contract. . Faiiure to execute a contract arid fiie an ac:::eptable bond, as provided herein, within (10) . days. not induding Sundays, after the offeror has received notice that ,the contract has been awarded, shall be just cause for the cancellation of the award and forfeiture of bid . bond surety. - 2. . ASSIGNMENT: The C(;lncessionaire shall not assign, .transfer, convey, sublet or otherwise dispose. of the contract, or any part thereof, to any person, partnership, company or corporation without prior written consent of the City of La Porte. 3. LAWS AND ORDINANCES: The ConcessJonaire shall procure all.permits and licenses, pay all charges and fees necessary and inciaentElI to the due and lawful conduct of the services. He shall keep himself fully informed of all existing and future National, State and Local laws, ordinances and regulations which in any manner affect the fulfillment of the contract and comply with same. Concessionaire must ha~e the a~i1ity to, and obtain from, the Texas- Alcoholic Beverage Commission, a permanent beer and wine permit, for Sylvan Beach Pavilion. Permanent Permit to be obtained solely at the expense of the Concessio"naire. Concessionaire will b~ responsible for any and all additions andlor changes in equipment design and layout necessary to comply fully with local Health and Fire Department regulations. Additional electrical service, plumbing or drain lines shall be approved by the City of La Porte, prior to planning installation. Actual installation shall be according to all applicable State laws, regulations and ordinances of City of La Porte. Concessionaire . must also provide' approved filters for any and all exhaust systems ~hat may be utilized or_ installed. . 4. INDEMNIFICATION AGREEMEN!: City and Concessionaire shall enter into. an "Indemnification Agreementn in form attached hereto as Exhibit "An. incorporated by reference herein, and made a part hereof for all purposes. 5. INSURANCE: ConcessiQnaire shall maintain in effect at al! times, insurance coverages as enumerated 'in "Indemnification Agreementn in form hereto as Exhibit "An, incorporated by reference herein, and made a part hereof for all purposes. 6. CONTRACT BOND: A Business Service Bond covering every and all requirements of the contract, in the amount pf $10,000 shall be furnished concurrent with the execution of the contract. lri lieu of a bond, a l1egotiabll? Certificate of Deposit from a bank in Harris County, Texas,. or a Letter of Credit" from a bank in Harris County, Texas, may be furnished.... . Page 3 of 15. ;} .I .- .e. ( . TERM, OF C.ONTRACT: The .term of the contr'cict will be for a period of four (4) years, with an option for the City to renew for a total of three (3) additional one year periods. 2... -AUTriORITY OF THE OFFICE MANAGER: The City of La Porte shall decide any and all questicns- whic."1. may arise as to the acceptabilitY of services rendered and as to the manner of perfollT1ance; all questions which arise as to the interpretation of the c:lncitions and specffications. and all questions as to the acceptable fulfillment of the contrac:.' .' .9. SUSPENSION OF. THE CONTRACT: If, at any time, in the opinion of the City of La Forte, the Concessionaire has faiied to renper services of proper quality, or has failed in any other respeCt to' perfollT1 as specified and intended in ~nd by the terms of the contract, notice thereof in ~ng will be served upon him; and should he neglect or refuse to provide means for'a .satisfactory compliance with the agreement,' as directed by the City of La p'orte, within the time specified in such notice, the City shall have the power to suspend the operation of the contract. Upon such suspension, the Concessionaire's control shall terminate and thereupon the City Council of the City of La Porte or its duly . authorized representative may employ other parties to carry the contract to. completion in . such manner as the City Council may deem proper. Any excess cost arising therefrom Y.(i11 be charged against the Concessionaire and his sureties, who will be liable therefore. In the event of such suspension and cancellation, all money due the Concessionaire or retained cnder tellT1s of the contract shall be forfeited to the Pavilion, but such forfeiture will not release the Concessionaire or his sureties from liability for failure to fulfill the contract. The CQncessionaire and his sureties will be credited with the amount of money so forfeited toward any excess cost incurred, arising from the suspension of the contract and the completion of it by the Pavilion as provided, and the Concessionaire will be credited with any surplus remaining after all just claims for such completion have been paid. . In detellT1ination-of the question whether there has been any s.uch noncompliance with the contract as te warrant the suspension of annulment thereof, the decision of the City with the approval of the City Council of the City of La Porte, shall be binding upon all parties to the contract. '. 10. PUBLIC USE OF THE PAVILION: The attention of prospective offerors is directed to the . fact that the Pavilion is primarily for the use of the public for the purpose of attending conventions, trade shows,' entertainment features, exhibits, sO'cial functions and other types of events usually held in such a building. The public's rights to such use shall not be infringed upon by any activity of the Concessionaire. The responsibility of the Concessionaire shall be to render service to the public in a dign'ified manner. No undue pressure, persuasion' or hawking shall be done in any attempt in influence the public to use the service of the Concessionaire. 11. LIMITATIONS ON OPERATIONS: The Concessionaire shall not infringe upon catering operations within the building. This concession contract shall be limited to service from the specified stands, or use of vendors when authorized. The Concessionair~ shall have the right to seek approval as a cater, under prevailing standards for caterers to be adopted by the City of La Porte. It is anticipated that the City will approve a number of caterers, serving. a variety of food types, at ,a percentage of gross receipts to be determined by City Council of the City of La Porte. The choice of caterers shall be at the election of Lessee of the Pavilion. . Page 4 of 15 , . ,I, .- e Tne Concessionaire shall not. interfere with the free distribution of food or drinks or any other items of any nature. Free samples may be. given iNlay at trade shows and exhibitions; and free food and beverages may be distributed by conventions at the discretion of the City of La Porte. . -. The Concessionaire will be required to suspend or modify operations upon the request of any. Lessee, as approved b the City of La Porte, when it is in the best interest of the Lessee, or to comply. with the.terms of any agreement between the City and a Lessee. 12. FACILITIES AND EQUIPMENT: Prospec:ive offerors are invited to inspect the locations . and equipment and may do so during working hours by contacting the Office Manager of the City of ~ ?~rte,.~ (~81) 470-1381. The Concessionaire will be responsible for maintaining the assigni=d premises and - equipment in good repair and the replacement of any equipmerrt damaged or missing . through his operation. The cost of installing any new.. or added .equipment, when approved by the City of La Porte, will be borne by the Concessionaire and such _ equipment will be his propertY. At the termination of the contract, the Concessionaire may remove his own equipment, -but will be responsible for leaving the premises in their original state of repair, less normal wear and tear, or replace or reimburse the City for any damaged. or missing equipment assigned to him. This will be done to the satisfaction of the City of La Porte. prior to releasing the Concessionaire of his. sureties from obligation. City of La Porte shall furnish a location for concession operations, with utility connections as now exist. Concessionaire shall be responsible for drawing any and all additional connections to the inner area of the area and making all equipment connections to the inner area of the stand ~nd making all equipment connections in accordance with all building and health codes, laws, statutes and ordinances. 13. UTILITIES: Tne City of La Porte will pay normal utility bills in connection with concession operation, excluding telephone service. 14. - ITEMS. OF SALE: Price, size and content of all that.is sold will be approved in writing by the City of La Porte. Chewing gum and tobacco shall NOT be sold.- All drinks must be served in plastic or paper cups. InItial pricing shall be. in accordance with Exhibit "Price Usta attached hereto. The Concessionaire may add, delete or make .price adjustments from time to. tinie, provided each item and price thereof is-approved, in writing, by the City of La Porte. - No food, ice or other items may be cooked, prepared or b~gged for sale or use by the Concessionaire at any facility other than City of La Porte owned facilities. 15. PRODUCT QUALITY AND BRAND: Quality of all products is to be of prime consideration in the operation of this concession contract. Food, once heated, shall not be reheated at a later time and offered for sale to the public. A system shall be employed in order to maintain properly sealed products and ensure product freshness at the time it is served. Page 5 of IS :J ,I. .- .:' ,e 16. JANITORIAL SERVICE AND CLEANING: Concessionaire must pass Health Department Inspections. Equally binding -upon the Concessionaire are inspections conducted by the Office Manager of the City of La Porte, of the facilities as deemed necessary or desirable. Tne concession stand must 1::5e cleaned at the dose of each event in order to prevent the. accumulation and spoilage of food residue. Each concession area must be thoroughly . cleaned and sanitiz..DCi within 24 hours of operation when net in continuous use. Any and all tables used for any reason must also be cleaned after each event. iT. UNIFORMS: All employees of the Concessionaire shaH be neatly attired in clean, matching uniforms. as approved by the Office Manager of the:City of La Porte, identifYing the Concessionaire: Hawkers shall prominently and professionally display the prices of the products being sold. Each employee shall be properly -identified with name and/or -numbered badge. . 18. SIGNS: The numper, size, and working location of advertising signs, except for identification signs within the concession areas, must b.e approved by the Office Manager o! the City of La Porte Parks a~d-R~creatio~ Department. 19. BID FORM AND ACCOUNTING: Proposal shall be based on a payment to the .city of a percentage of the gross receipts exclusive of sales tax. Further, no proposal will be considered unless it is accompanied by: a resume of . experience in the field contemplated; a list of any proposed additional equipment to be installed and business credit references, all to be filed on accompanying forms. The Concessionaire shall remit commissions due the City no later than ten (10) days folio_wing the month for which sales have been made along with reports of gross sales. Any payments postmarked after the specified date will incur a late charge of 10%- of the balance due. After payment is one (1) month'late, balance due will increase by 1% each month until paid in full. If, ~t any time, payments are 90 or more days in arrea~, the City will seek payment ~nder the provisions of the contract bond. . The Concessionaire shall maintain accounting records in a manner acceptable to the Dir-ector of Finance, of the City of La Porte. These records shall jnclude, but are not limited to, 'separate records of all "sales and purchases made by and for the concession , operation. . , . . . The City reserves the right to make periactic audits of the accounts and inspections of the Concessionaire's operations. . 20. CONCESSIONAIRE'S LOCATIONS: The City will furnish to the Concessionaire the sole and exclusive right to the use of sales stands, and storage space designated in the Pavilion during the term of the concession granted. The Concessionaire. shall have all rights of necessary ingress and egress to these storage spaces and sales stands. 21. RIGHT OF ENTRY: The City, its officers, agents and representatives shall be permitted to enter the said premises at all reasonable times of the day to examine the same or to make such repairs therein as shall be deemed requisite by the City and m~y enter upon and pass through and over said. premises for the purpose of showing same to persons wishing to lease the property. Keys allowing entry will be provided. by the City of ta Porte. . , Page 6 of 15 :J -', .' ." e 22. OELJVE.~IES: Oeliverie~ of all supplies. goods, wares, merchandise and equipment shall - be made at the service e~nce of' said buildi~g and a person under hire by the Concessionaire will be qn hand during deliveries to receive materials. 23. V=NDING MACHINES: Placement and location of vending machines shall be made with prier approval of the Office Manager r;Jf the City of La Porte. 24. CONCESSION EQUIPMENT: Eac., offeror shall submit with his bid. a complete list of equipment he proposes to furnish ror 'the c:mcession operation. s"Lating brand names, model numbers. quantity, year of' manufacture and other identifying data to prop~rfy ol..rtline his proposed operatio~ layout 25. ~NST ALL~ liON OF EQUIPMENT: Successful cfferors shall have completed installation of all his. equipment and be completely operational within ten (10) days of the commencement of the contract. - 26.. CONCESSION EMPLOYEES: Concessionaire's employees at the Pavilion shall have working knowledge of preparing and ser:ving food to the public, no less than two (2) years of barrending experience and shall ~main current with the T.A.8.C. Seller Training - Certification. The City of La Porte shall have access to references and verification of certification of all prospective conce~sion's employees. A concession's manager, employed by Concessionaire shall be provided in :a iocal office during normal business hours to serve clients and potential clients of the Pavilion. All employees shall conduct themselves professionally both in appearance and actions to the sat~sfaction of the Office Manager of the City of La Porte. 27. GENERAL: The s~rvices called for in this proposal shall be offered to the. public at all times that a reasonable demand for such services exists, during such times which the Sylvan Beach Pavilion is open to the public -and subject to the requirements set forth in the proposal. Where approval or direction 'of the City is required for items, prices or procedures not specifically covered herein, such approval or direction will normally be made by the City. Special promotional price or service changes will b~ allowed only upon approval by the Office Manager, or designee of the Parks and Recreation Department. P3ge 7 of 15 :J ,t. e -., e RFP#O077 ST A TE.MENT OF OFFEROR'S QUAUFtCA nONS FiNANCIAL STATEMENTS Please attach to this application blank your most recent financial statement and a statement of the amount of credit available to you with name of ba~k or banks. OPERATING EXPERIENc.e Please state herein the f'!ulT1ber of years and the tyJ;le of. business operating experien"ce which you feel qualifies your company to operate the concessions referred in the instructions to - applicants. . TYPE OF OPERATION YEARS LOCATION - Too numerous to list here - Please 'see atta~"ed "Experience of the Proposer" PRESENT AUDITORIUM OPERATIONS Please list below, the auditoriums, coliseum areas and other buildings where your company is presently .pro'Jiding concession operations and how long you have been conducting such operations. LOCATION YEARS 5-1/2 Bav Forest Mun. Golf Course Snack Bar 201 Bay F~oest Dr. Lapor,te, Tx. 7J571 LOCATION YEARS Millet Outdoor Theater 100 Concert Dr. Houston Tx. Recently awarded contract LOCATION YEARS NAME OF FIRM SUBMITTING APPLICATION: SIGNATURE: \~~ CJ.3~' Gulf Coast Concessions & Catering TITLE: Owner Page 8 of IS .' " .' ..e. .....- e PRESENT ornER OPERA TlONS Please indicate below other types of business operations your company is no~ operating, and the location of each o~ration you feel particularly qualifies your company to perform the aflJrementioned concession operations for the Sylvan Beach Pavilion. LOCA TlON YEARS LOCATION YEARS LOCATION YEARS LOCATION YEARS LOCA TION YEARS LOCATION YEARS LOCATION YEARS GROSS REVENUES Please indicate below the approximate average gross annual revenues.. which you have developed in the past three calendar years from food and drink business operations. S 420,000.00 NAME OF FIRM SUBMITTING APPLICATION: Gulf Coast/Galveston Concessions & Catering SIGNATURE: .\~ ~(~ TITLE: Owner , . Page 9 of 15 ", .- . e REFERENCES - - Please see attached for additional re~erences. Flease indicate here, the names and addresses of persons in-management capacity for Lessor of any of your operations for re~erence -and recommendation. NAME ADDRESS OPERA TlON Tammy Ellison 511 San Jacinto La Porte Ix. Bay Fo~est Snack Jar NAME ADDRESS OPERA TlON ~~r~n r.~nlp ???O M~rin~ W~V Kpm~h, Tx. Galvest5n.O~tdoor Theater and 'currently Miller Outdoor Theater NAME ADDRESS OPERATlON _ NAME ADDRESS OPERA TlON NAME ADDRESS OPERA TlON NAME ADDRESS OPERATION OTHER QUALIFICATIONS Please indicate on attached sheets any other qualifications which you feel particularly qualifies your company to perform the concess.ion operations set. forth in the In~tructions to Offerors. The above records of this firm's operations are certified to be true and correct by the signer of this application: ' -. NAME OF FIRM SUBMITTING APPLICATION: Gulf Coas t /Gal ves ton Co'ncessions & Cateri SIGNATURE: \~ C>::::"..),'L~ TITLE: Owner Page 10 of IS ] ,I, e e ,,- FOOD EXHIBIT uPRJC'E UST" PLEASE SEE ATTACHED CONCERNING MENU AND PRICING. PRICE Hot Dog Chili Dog Other types of sandwiches F:ito Pie Pickle Popcorn (32oz.) Popcorn (S5cz) Chips. Pretzels Nachos Candy Peanuts Other food items: BEVERAGES PRICE Beer (16oz.) Wine Soft drinks (16oz.) (24oz.) (32oz.) Other beverages: SET UPS . Ice (16oz. Bucket) (32 oz. Bucket) (53 oz. Bucket) Paper cups Coffee NAME OF FIRM SUBMITTING APPLICATION: Gulf Coas t /Gal ves ton Cpncessions & Ca tering SIGNATURE: \.~ {)'('..)tC.~ TITLE: Owner Page 11 of 15 ,I, . e GULF COAST/GALVESTON CONCESSIONS all" Catering iil3} 76H413 (~09) 943-6579 Fax: (409) 92S-4(X)4 Al/ OCC{L\';(JIlS .EXPERI.ENCE O-P-THE PROPOSER tvly name is Kevin O'Brien.- I.have been and am cllrrendy the owner/operator of several food and drink establishments. I have been in the food service business for 15 years. I owned and operated Chumley's in Dickinson, Texas for 10 years, from 1983 to 1993. This establishment held-crowds of 300 + people and hosted events, indu~ng . entertainers such as Percy Sledge, Frenchie Burke, Nloby (Morning DJ from K101) and his band, ~-liss 1\:Iolly and the Passions, Marsha .Ball, the .Guess \Vho; Black Oak .-\.rkansas. In addition, we. hosted three weddings :lnd several fund raising events. I owned and operated 0 TJdeJl'S 011 the Bead), next to-Stewart beach in Galveston (no\" called Blister's) for three years, from 1989. to 1993, when it was sold. I sold food and drin~s to beach patrons whose numbers were in the tho\lsands. I owned and operatcd Q'BrieJl'j' 011 the Stral1d at 23fU and Strand in Galveston for one year, until George i\Iitchell: sold the building. I also owned and operated a mobile food service operation at 18 mile road at Indian Beach for three. years serving thousands of beach patrons. I owned_and-operatcd Gal1!estol1 Concessions and Catering at the Galveston Municipal . Golf Course for three and one half years, where I implemented mobile cart sa~es. ~ also catered numerous major golf tournaments. '.,1 . e e GUlF COAST/GAlVESTON CONCESSIONS all" (;llteril1g li13H'61-9413 (409) 943-6;79 Fa::<: (409).925-4004 All OCClL\';rJ1/S I owned and operated O'Brie~s Cafiin rexas City for.two years until I sold it in 1997. The c:afe was a full service restlur~nt with three; dining rooms. I have catered several events through the restaUrant, in ad~tion to private parties and meeting. I Currently own and operate Gulf Coast/ Galveston Concessions and Catering at the Bay Forest Golf Course in La Por.re, Texas. 1 serve breakfast, l~nch ;Jlld dinner, as well as snacks and beverages. It is a full service restaurant. I have catered events ranging from twenty to as many as four hundred people. 1 have catered events for- Amoco, Union Carbide, GTE, Conoco, RefChem, Hickham Industries, Houston Go- Texan committee, H~ris County Senior Citizen's Association, the City of La Porte," the City of Texas City, the Texas Police Officer's Association, to name a few. In addition, I catered many private p~rties and wedding receptions. For the past two years, I have also been the concessionaire at the Galveston Island Outdoor Theater. I served as many as 1500 people in a thirty minute period. I have been successfully involved with Galveston's Dicken's on the Strand for many years. I have also been actively involved with lVlardi Gras! Galveston since its. inception, with the exception of last year. I have been a primary concessionaire there and have operated .numerous booths in addition to building I have rented in. which to sell concessions 'at these events. iYIy operations have been among the most profitable a~cording to figures show to my by the event's suppliers. - "I am aware of all required permits and licenses and currently hold multiples of all of them. I am a hand's' on owner/operator and am actively involved with personally running all my businesses. The previous paragraphs list my .experience and demonstrate my ability to operate a wide variety of food and beverage services. . The following table contains a partial list of fooa and beverage related suppliers I have or am currently doing business with. There are' other companies I also use, but this will give an .over-all example of suppliers with whom I deal with and. am in good st;lnding. oJ" . (713) 761-1}413 ~ 409) 943-6;79 e e G~ COAST/GA;LVESTQN CONCESSIONS l.lJl,l Ct.lIl.!riJl<~ PRODUCT SUPPLIERS AND DISTRIBUTORS Fax: (409) 925-41 All Occasi, I have or am currently doing business and am in . - good standing with ~he following food and beve~age suppliers: Admital Linen - Houston Dr. Pepper - Galves.ton Coca-Cola - Houston Sysco-Food Service - Housto~ Demack Produce - Galveston Ditta Meat Co. Houston Cains' Coffee -. Hou.ston Kraft Food Service - Houston Martin Food Service - Housotn Southern. Produce - Housotn Seafood Wholesalers - Houston Mrs. Baird's - Houston Instawhip - Houston Blue Bell - Houston -. . AII~ance Foods - Houston Le Charm - Houston Dienst Distributing - Galveston Del Papa Distributing - Galveston 9alveston Beverage - Galveston Wismer Distri~uting - Hbuston Fa~st Distributing - Houston St~fani Distributing Houston A.C.Liquor - Houston Hil.l's Liquor - League City MainPaper - League City Adler's Restaurant Supply Tony's Bar Supply - Houston . . Parrot Ice Drinks - Houston Sam's Wholesal~ Club (top 50 . . ~ could list more, but this will give an of suppliers I have a working relationship 'I a good payment recoru. /. Gal"ves.ton membe~) Tx.City/Ho~. overall example with, as well as e. e :- GULF COAST/GALVESTON CONCESSIONS' wz" Ciltering G13) 761-9413 . 'loiQ9} 943-b;79 Fa.x: (qOl)) l)2S . All Oc:et. Business I Location Business Location Admiral Linen ! Houston Dr. Pepper I Galveston Coca-Cola 1-, Houston Sysco. Food I Houston Service Demack Produce Galveston Ditta iYleat Co. I Houston Cains Coffee I Houston - Kraft Food Houston - Service - Martin Food I Houston Souther~ Produce I Houston Service - - Seafood Houston ~lrs. Baird's Houston wholesalers - Ins taw hip - Houston Blue -Bell Houston - - Alliance Foods Houston Le Charm Houston Sam's \Vholesale Club I Houston (Top 50 l\[ember) .- Texas CitY References , REFERENCE No.1 FINANCIAL INSTITUTION - N Ai\lE: FllU\-l: TITLE: .-\DDRESS: TELEPHONE: CUn f Karn Citizen's State Bank Vice-President P 0 Drawer A, Dickinson, Texas 77539 . (28t) 337 - 3565 REFERENCE No.2 FINANCIAL INSTITUTION .' NA~IE: FIRJ.\I: TITLE: ADDRESS: TELEPHONE: Jeff Litchfield. City of La Porte . Finance 0 fficer P 0' Box .1115, La Porte, Texas 77572 (281) .471 - 5020 ,.'!" e e GUlF COAST/GALVESTON CONCESSIONS tllld Ciaerillp. lil3) i61-941i lof09) 943-6;79 Fa.x: (409) 925-. All O'''L\ REFERENCE No.3 BUSINESS REFERENCE NAtvIE: FIRJ.'vl: TITLE: ADDRESS: TELEPHONE: Stacv.Dienst Dienst Distributing Owner 7817 Bavside Dr., Galveston, Texas 77552 (409) 744 - 0451 REFERENCE No.4 BUSINESS REFERENCE NAtvlE: FIIUvI: TITLE: ADDRESS: : TELEPHONE:- James Barrv Doctor Cool/Pro f. Heat Owner 3204 Avenue F, Dickinson, Texas 77539 (281) 337 ~ 1153 Operational References REFERENCE No. '1 N..-\1vIE: Roger lohnson FIR1\l: CitY of Galveston - GalvestOn Municipal Gqlf Course TITLE: Manager ADDRESS: 1700 Sydnor Lane, Galveston, Texas 77550 TELEEHONE: (409) 744 .- 2366 NATURE OF ASSOCI..-\1;ION: I operated the snack bar there for 39 . months. REFERENCE No.2 NAl\IE: FIRJ.\I: - TITLE: ADDRESS: p.O Box 568, Galveston, Texas 77553 TELEPHONE: (409) 766 - 2174 NATURE.OF ASSOCI..-\TION: . He worked security. for me when I had o 'Brim's OIl/be Beach. Lieutenant Robert G. Clayton Galveston Police Deparonent ,l, . e -e GULF COAST/GALVESTON CONCESSIONS. CHzd Catering . -(713) i61-9413 . (409) 943-6579 Fa=<: (:j09) 91' All O(,"L; REFERENCE No.3 NAJ\..IE: Glenn Rove FIRL\l: EI La~o Burrito Factorv TITLE: Former Partner ADDRESS: Nasa Road 1, EI Lago / Seabrook, Texas TELEPHONE: (281) 461 :. 0202 NATURE OF ASSOCI.ATION: Former business partner REFERENCE No. -+ NANIE: FIRL\f: Sam's \Vholesale Club TITLE: Ivlanager ADDRESS: Palmer Highway, Texas City and Fuqua, Houston TELEPHONE: (409) 986 - 9100 NATURE OF ASSOCIATION: I am a top 50 member and have done business with them for over ten vears. , I am anach}ng two. lcncrs of rccommcndation an~ :t lctter stating my .ability. to obt~n the necessary insurancc: If you have any q!J,cstions, I can bc reachcd at (713) 761-9413 or (281) 534-1998 t\Vcllty-fou~ hours a day. Thank rou, . \~.~ OC3,v~ Kevin Q'BriGn j r , . e e ,~",.~.., ..1 . f1:.._;:;..;....- FARME~S INSURANCE GROUP OF COMPANIES --- -.... -.--.------.-----------.-.--- . - D,\VIU 1.lF1,\l.J"( IN~(JFlAr,'cl:; DAVIt) L. UHADY ;~,.:.llr::!nce Sne'::i:lli:-.l January 28, 1997 Mr. Kevin O'Brian Gulf Coast Concession Management 132254 1/2 Street Santa Fe, TX 77510 Dear Kevin: I was reminded the other day as I saw you in the back cleaning the grill,of our meeting, of not so long ago when you were bidding the concession for the Bay Forrest Golf Course. There were a number of people who certainly were touting the present individual who had the concession for the golf course. During that meeting there was a comment made by yourself that you hoped in the years to come that these same people would throw their support to you. That always stood very strong in my mind that was the quality of person you are. As we go into a new year, I feel fortunate of having such a good customer. You are doing ail exellent job at Bay Forrest and I hope you are there forever. Thank you for your business and support. all Davi~ Brady N.,IEI ~ICA C...\N DEPEND ON FAriMEHS It.':"J ':". r"l~d ~.l?f!':'t.: d I.'o',k", .;....: 77'!',"I' . r.JLI:.;irH:!S!~: (~.10,.j'il ',1':- ~ ;, '~..id... 'i 1':". .:. I::. \,.i": I ..~ I:'-!~'l Fa.~: t~. ,oJJ41 i , .t.; ;n~: I. e e F ;::;.1 r- :'- .;~.::-q .:.. ;:-,.....:. :. ,'..:.1 ~:., '::.. :,! .:: . .. ! ,,).~. ........:~. !...:.. .:: :....... .).:. : :.:~;: l.j::;.:. - ....-- -- ~ ~L ~__ - .- -:v- - Galveston Island 1";.00 Srdll~1r Lane, GJk~~c('n. T.:.<:,:,; ;755.~ · l.+~')) ;'H.2j66 R e: 1< ~j\: i n. 0 I B 1" i ':' ;'. - C c. ,: .: (' S ;;: ion G p ~ r.:1 t Ci ~. 'i'v \-Thom it !-I"li' Cvr:l:e~.n t :-rr. }~e'.'.l11 O'E::i.C:l1 h:ls .::)L;~!"~t..;:~! '1';\(: ~1\.lniclp;ll Golf Cour!)';) CO:lcess:,,J1\ since !'I~lrr;!l l5, l':l92. i~I.=':ir~ if; a prv'I<:H\ lc:arJ01' tu~d _=n~nages a qua 1 i t i' S to!'!~. :-In .11ii:3 a. ~.'l/a y;: ~CGn. d :3 La 1=- a h~ad (') f the g a mat 0 1 Ii ::i U r '-= fir see 1 ;lli s. s e r 'Ii C' d t. () c:. U 1." C 1 i (1 n t:~. K a 'Ii n h3S ~1."',:,vcn to Ill':! th~t, :1~ I.J:Esr::: a :":tlt'dll:/ pt"(J~uc\; at a ~'c:ascn- a~le price. and is al~315 wtl!i~~ to go the ~xtrn mile for hio Custor.ler. r ....ould. no.t ~\~.s i ~Cl tf:! t.:J :'i~~c;;.mr:.c(:~l K!.lv.:.n for "1'::,'. =_v.!id sf.Jndce m.ln3..;e~'e:lc c,c;:e~.,~t..i:,"!l i.,1;'r;.:...lls€: or h\$ I:'r.\",hll:;ia~!'1 ",:h! his _tr~~endous ~mcunt of eXp~&iH~CQ. r"" - ,.. of ru...,.n,..... -"'-"'l'-r."I"" .....,.L"~~.c':..._- <..tr.} .~I-.ft }.'.".".1~a!...e _~ .;. liI.:ij b~ .......; '....1. u:;,;:.- ~ ".i I.~:':" ""'-"_ _'. _ __ to call. ~t (409) 74~-236G. RbgRC n. J0hn~cn {1 11L1.~-- //::t;< Oi~~ Gulv~s.l:.on. M\micipral Cc~: Ct)l.:l'~'" .l. e e FARMERS iNSURANCE GR9LiP OF CCMPA~~IES He: Kevia 0' Brien To Whom tbis may coaeern; Mr. O'Brien has ~n iDSUred with Fannen through our agenCy since 1993. AU pnmiums ror a variety or policies have heeD paid on time. We have maintained an exceptional working relationlhip as his business has grown and hi. needs have chanled. Please do not hesitate to contact our office if mon specific iDformatioD is needed iD regard.! . to this clieDt. Sincerely, owed X l31o~ David L Brady AgeDt . ,I, Oct-26-98 ~O:06A DAV"BRADY I~SURANCE 2" ~70-1846 ClMMERCIAL CERTIFICATE OF INSIIANCE Issue Date IMMIOO1YY) [" 10-19-93 P.02 - AGENCY Name & . Address. . . - ST. 19 Ucwi.d L. Brady Insurance Po Box 1676 1013 South Jrd Street La Porte, TX 77572 (~Bl) 471-5433 800-499-5998 OIST. Ii 1 This ceclllicale is Issued as a mailer ofln/O!tnallon only and confers no ngllls upon Ine certl/lcale holder. ThiS cerb/lcale does nol amend. exler.a or-aller the coverage a"orllea t:v the poliCies shown below. AGENT 17li CllIolPlN" LInER COMP01ES PftOV1DIMG CDVW&E: A TRUCK INSURANCE EXCHANGE 8 FARMERS INSURANCE EXCHANGE INSURED Name & Address . Gulf Coe.st Consession [1ar.ageitent . 13225 4 112 St . Santa Fe, 'n{ 77510 CouPll/'r lfr.i~ CCWIIIHY ~mlR C ~ID"CENTURY iNSURANCE COMPANY !:ouPlII'r ~l "tA D COVERAGES THIS IS TO CERTlfV THAT THE PO.lerES OF INSURANC(USTED BELOW HAV~ SE:~: :SSUfD TO THE INSURfD NAMED ABOVE FOR THE POlIC'{ PERIOD 1f1CICATlQ NorMTHSTANQlN( ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR o rHEA OOCU'.lENT ','VlfH RESPECT TO WHICH THIS CEiHlFICATE MAY BE ISSUED OR MAY PERTAItJ. THE INSURANC~ AFFORDED BY THE POLICIES DESCRIBEC HEREI.. IS SUBJECT TO ALL THE TERt.4S. EXCLUSIONS AND CONDITIONS or SUCH POLICIES LIMITS SHOWN MAV HAVE BUN REDucer BY PAlO CLAIMS - - co. LTR TYPE OF INSURANCE POLICY NUMBER POLICY effeCTIVE POLICY EXPIRA TrON DATE IMM/OOIVY) _ gATE (MMIODIYYI POlICY LIMITS A laHIW UAIlUTT COMMERCIAL GENERAL llAIllLI1V - OCCURRENCE VERSiOt. _ COHJRAC~UAL INClDENTA~ GNL Y OWNERS & COttJRACTDIlS ?ROT 7590-63-15 10-5-93 10-5-99 GENEilAI. AGGllEGA!E PRODUCTS COMfliOPS AGGllEGAlE PERSONAL & ADVERTISING IhJURY EACH OCCURllENCc: FIRE DAMAGE IAny one ;,e) s 1,000, 000 s 1 000 000 , , MEDCA!. EXPENSE (Any on. llef~i s 1,000,000 S 1,000,000. $ SO, 000 5,000 s UMIIIUl UAwn COMBINED SINGLE UMIJ $ BOOIL V /NJIJR"{ (?ER PERSON) $ BODILY INJURY (PER ACC:OE" I) $ . - PROPERTY OA/,lAGE $ GAAAGE AGGREGATE S . $ - LIMIT . STlTVT1llY . EACH ACClOENT S DISEASC-EACII EMPl.OYEE $ DISEASE -POLICY LIMIT .s - - AVTllIIOIILl UAIIun - ALL OWNED CDMMERCIA~ AUlaS SCHEDULED AUTOS HIRED Auras NONOWNf:O A..iIQS GARAGE llA8lL/1Y WIIlIERS' callP!ISlJIOI AID " EMPlOYEIS' UAIIUTT DlStRlPTlOII Df DPEIUJlDlSlYllllCUSlllUJlIlCTJDIISISPECIAL InllS: r~ame & Addres~ . . For Bidding Purposes Only CAHCELLl nOI SHOULD ANY OF JHE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE JHE EXPIRATION DAlE THfREOi lhE ISSlJNG COMPANY WIll EHOEAVOIl JO MAIl. 311 DAYS WllnEN NOllCE TO THE CERnFICATE HOLDE NAMED TO THE lEFT, BUT FAIlURE TO MAIL SUCH NOTICE SlW.LIMPOSE NO OBlIGATION OR LIABILITY 0 AN! KIND uPON THE COMPANY. ITS AGENIS OR REPRESlNlATIYES CERTifiCATE HOLDeR $ . . rhJJ(a rX &lai/A A & AUlHOR1lto RtPRtSENTATM (715) i61-9413 (409) 943-65i9 ~ -- . . GULF COAST/GALVESTON CON€ESSIONS and Catering Fa.'(~ (409) 925-4004 - AD Occasions EQt:IP~ENT I will supply whatev~r equipment is necessary. to do the job. I deal with numerous restaurant sup~ly ehains, and bave for many years. I am~ . - . financially capable of supplying what~vet equip- - ment is required and needed. MENU The menu options are faitly standard and would not need to change, except to add more variety as to meet. consumer demands. Pricing would have to be set at. th~'acceptable average going rate. Manu prices can ~be negotiated to meet the City's and the Concessionaire's needs, as this is an RFP. , " ;. . e GULF COAST/GALVESTON CONCESSIONS e an.d Ccztering (ii3) 761-9413 (409) 943-6;79 Fax: (409) 925-4004 All Occasions PERlHTS, LICENSES & INSURANCE I am aware of all required permits and licenses and currently hold multiples of ail of them. I am in good . - s tanding wi th al~ of. them and am no t required to po.s t a bond. I currently have a~l the required insurance coverage through David BradY. Insurance. You can ~all his office - . at.28I 471-"5413 to verif~ ~y ab~lity to obtain any and all necessary insurance. ENPLOYEES My employees are ~ell-groomed, honest and dependable and very experienced in the food service indu~try. My manager is Food Service Certified by the Health.Dept. and I require all my employees to be T.A.B.C. certified. Some of my employees have been empioyed by me for s~veral yea~s. I am an nonest, hard-working man of good character and reputation. I enjoy my work and I take pride in what I do. I do my job welL Thank you, . \LL.LA-- cJ;3tc..-'" -> Kevin O'Brien ,i . e e GULF COAST/GALVESTON CONCESSIONS. and Catering (713) 761-9413 (409) 943-6, i9 Fax: (409) 925-4004 All Occasions FINANCIAL STATEMENT Attached is a computer print-out of my financial status from my bank. In addition to actual monies, I also own the following properties: - 1. Brick home on two acres in Santa Fe, Tx. ~arket .Va1ue$135,000.00 2. Wood frame home on three acres in Dickinson, Tx. Market Value $80,000.00 3. Ocean f~ont lot on Emerald Beach, Tx. . . Ma~ket Value $50,000.00 4. Commercial Building on Hwy 6 in Santa Fe, Tx. Market Va1u~ $60,000.00 5 . Commercial building on Palmer Hwy in Tx. City Market Value $65,000.00 6. Commercial building on. 9th St. in Tx. City Market Value $175,000.00 The first five proper~ies are paid for. The sixth building I ~ecent1y purchased, and ow~ $41,000.00. ./. e e - TC 596 '000052481 ENTER 999 TO CANCEL: MULTIPLE ACCTS CIF NUMBER LONG INQUIRY 1 POSITION CURSOR AND DEPRESS ENTER. . ACCOUNT NUMBER 01: CD. ------ 02: CO 03: CO 04: CO -------------- ACCOUNT INFORMATION -------------- OBRIEN BEV~Y RATE 5.25%' BAL 5,891.86 OPEN 02/16/94 TERM 7300 MAT 02/15/00 OBRIEN BEVERLY RATE 5.75% BAL '5,14~.59 OPEN 09/22/97 TERM 10950 MAT 09/22/00 OBRIEN BEVERLY RATE 5.75% BAL '5,143"59 OPEN 09/22/97 TERM 10950 MAT 09/22./00 OBRIEN KEVIN OPEN 01/16/98 RATE- 5.75% BAL 5,070.89 TERM 10950 MAT 01/16/01 COMMAND: F ACCT: PLUS: IBM 3278/9 Emulator ~Session 1~ 11:59:32 9 t TC 596 .000052481 ENTER 999 TO CANCEL: MULTIPLE ACCTS CIF NUMBER LONG INQUIRY 1- POSITION CURSOR AND DEPRESS ENTER . ACCOUNT NUMBER -------------- ACCOUNT INFORMATION -------------- 05: CD OBRIEN KEVIN RATE 5.00% BAL 5,319.51 OPEN 01/16/97 TERM 5460 MAT 07/1&/98 06: CO OBRIEN KEVIN RATE. 5.50% . BAL 5,352.35 OPEN 01/16/97 TERM 10950 MAT 01/16/00 07: CO OBRIEN KEVIN RATE 5.00% BAL 5,254.73 OPEN 01/29/97 TERM .. 5460 MAT 07/29/98 08: . GO OBRIEN KEVIN RATE 5.50% BAL 5,280.73" OPEN 011.29/97 TERM 10950 MAT 01/29/00 l.ll e e TC 596 000052481 ENTER 999 TO CANCEL: MULTIPLE ACCTS CIF NUMBER LONG INQUIRY 1 POSITION CURSOR AND DEPRESS ENTER. ACCOUNT NUMBER -------------- ACCOUNT INFORMATION -------------- 09: CD OBRIEN KEV;rN RATE 5.75% BAL 5,219~75 OPEN 04/25/97 TERM 1096D MAT 04/251-00 10: CD OBRIEN KEVIN RATE 5.75% BAL .5,220.57 OPEN 05/15/97 TERM 10960 MAT 05/15/0'! 11: CD OBRIEN KEVIN RATE 5.75% BAL 5 , 218 . 14 OPEN 06/13/97 TERM 1096D. MAT 06/13/00_ 12: CD OBRIEN KEVIN RATE 5.75% BAL 5,218.95 OPEN 07/14/97 . TERM 109-60 MAT 07/14/00 COMMAND: F ACCT: PLUS: IBM 3278/9 Emulator ~Session ~~ 11: 59: 50. g t TC 596 000052481 ENTER 999 TO CANCEL: MULTIPLE ACCTS CIF NUMBER" LONG INQUIRY 1 POSITION CuRSOR AND DEPRESS ENTER. ACCOUNT NUMBER ---------~---- ACCOUNT INFORMATION -------------- 13: CD OBRIEN KEVIN RATE 5.75% BAL 5,145.99 OPEN 08/1~/97 TERM 1096D MAT 08/14/00 14 : CD OBRIEN KEVIN RATE. 5.75% BAL 5,145.99 OPEN 08/27/97 TERM 1096D . MAT 08/27/0~. OBRIEN KEVIN RATE 5. 75%. BAL 5,:143.59 OPEN 09/17/97 TERM. 10960 MAT. 09/17/00 OBRIEN BEVERLY RATE - 5.75% .BAL 1!? ,."433 .15 OPEN 10/16/97 TERM 1.096D MAT 10/1.6/00. 15: CO 16 : CD COMMANn: F Ar"r'l'! /. . PT .n~ ~ . e TC 596 000052481 ENTER 999 TO CANCEL: MULTIPLE ACCTS CIF NUMBER LONG_INQUIRY 1 POSITION CURSOR AND DEPRESS ENTER. ACCOUNT NUMBER -------------- ACCOUNT INFORMATION -------------- 17": CD OBRIEN KEVIN RATE 5.75% BAL 5,070.89- OPEN 12/oi/97_, TERM 1096D MAT 12/01/00 18: CD OBRIEN' KEVIN RATE 5.75% BAL 5,000.00 OPEN 02"j17j98 TERM 10950 MAT 02/17/01 19: CD O'BRIEN BEVERLY RATE 5.75% BAL 13,000.00 OPEN. 03/26/98 TERM 1Q96D MAT 03/26/01 20: DO OBRIEN BEVERLY RATE 0.00% BAL 5,949.23 - OPEN 09/04/85 NSF 0 AVL 5,949.23 COMMAND: F ACCT: PLUS: IBM 3278/9 Emulator ~Session 1. 12 :,00: 11 9 t TC 596 OQ0052481 ENTER 999 TO CANCEL: POSITION CURSOR AND DEPRESS ENTER. - . MULTIPLE ACCTS CIF NUMBER LONG INQUIRY 1 - ACCOUNT NUMBER -------------- ACCOUNT INFORMATION -------------- 21: DO OBRIENS GAFE RATE 0.00% . BAL 116..63 OPEN 07/10/95 NSF 0 AVL 116..63 . . : DO OBRIEN BEVERLY RATE 3.25% BAL 115,529.29 OPEN 08/25/97 NSF 0 AVL 1~5, 529 ~.29 IL OBRIEN KEVIN D . RATE 7~50% BAL 1,218.28 OPEN 01/16/97 DUE 04/15/98 . PMT 304.57 IL O'BRIEN KEVIN _RATE. 7.50% BAL .00 . . OPEN 01/29/97 : DUE 03/26/98' PMT 304.43 PAID IN FULL :J .. Zl.t'"t'"'I" .I' PLUS: . . STATE OF TEXAS S S COUNTY OF HARRIS S INDEMNIFICATION AGREEMENT THIS AGREEMENT, made this I ,..,. day of (hHY ,1999, by the undersigned Concessionaire, (hereinafter referred to as "Indemnitor"), in favor of the City of La Porte, a municipal corporation, and Harris County, Texas, and their respective legal representatives, landlords, agents, employees, officers, and directors, (herein collectively called the Indemnitees"). In consideration of Indemnitees permitting the Indemnitor or it's agent, employees and representative (including subcontractor) to enter upon and to place, construct or service equipment or material upon premises owned or controlled by Indemnitees, and/or to use any equipment owned or controlled by Indemnitees, Indemnitor agrees as follows: 1.0 INDEMNITY. To the fullest extent permitted by applicable law, Indemnitor shall and does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte, a municipal corporation, and Harris County, Texas, and their respective legal representatives, landlords, agents, employees, officers, and directors, (herein collectively called the "Indemnitees") from and against all claims, demands, damages, injuries, losses, liens, causes of action, suits, judgments, liabilities, costs, and expenses, including court costs and attorney's fees, of any nature, kind or description (including without limitation, claims for injuries to or death of any person, or damages to or loss of any property) of any person or entity (including but not limited to employees, agents and subcontractor of Indemnitor, and their dependents, and personal representatives, or other third parties) , directly of indirectly arising out of, caused by, in connection with, or resulting from (in whole or in part): (a) the presence or activity of Indemnitor, its employees, agents and representatives, (including subcontractor on Indemnitees premises; (b) the condition of the Indemnitees premises, the adjoining land, or any of the driveways, streets, or alleys used in connection with the services of Indemnitor; (c) the use of any equipment by Indemnitor on Indemnitees premises, whether belonging to Indemnitor, Indemnitees, or othelWise, or the condition of said equipment; or, (d) any act or omission of Indemnitor, any subcontractor, any of their respective employees, agents, servants, officers, directors, partners, or anyone directly or indirectly employed by Indemnitor or any subcontractor, or anyone that either Indemnitor or any subcontractor controls or exercises control over (herein collectively called the "Liabilities"). THE OBLIGATIONS OF INDEMNITOR UNDER THIS INDEMNIFICATIONS SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR"CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE. Indemnitor shall promptly advise Indemnitees in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Indemnitor, at Indemnitor's expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct with due diligence and good faith the defense thereof with counsel satisfactory to Indemnitees; provided, however, that Indemnitees shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Indemnitor to fully perform in accordance with this Indemnification /;l.'*IS" ~ Page.+J ef l? ~ e . Agreement, Indemnitees, at its option, and without relieving Indemnitor of its obligations hereunder, may so perform, but all costs and expenses so incurred by Indemnitees in that event shall be reimbursed by Indemnitor to Indemnitees, together with interest in the same from the date any such expense was paid by Indemnitees until reimbursed by Indemnitor, at the highest lawful rate of interest allowed under applicable usury laws of the State of Texas (or if no maximum rate is applicable, at the rate of eighteen percent (18%) per annum). This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, work's compensation acts, disability benefit acts or other employees' benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Section 1.0, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect 2.0 INDEMNITOR'S INSURANCE. Indemnitor shall, at its sole cost and expense, maintain in effect at all times insurance coverages with limits not less than those set forth below in the Schedule of Insurance Coverages with insurance companies licensed to do ~usiness in the State of Texas (with a Best's rating of no less than A) and acceptable to Indemnitees and under forms of policies satisfactory to Indemnitees. All such policies shall be written on an occurrence (not claims made) basis. Schedule of Insurance Coveraaes Coverage Minimum Amounts and Limits (A) Worker's Compensation . Worker's Compensation . Employer's Liability Statutory Limits $500,000 The policy shall include a Waiver of Subrogation in favor of the Indemnitees (as defined in Section 1.0 of this Agreement). (B) Commercial General Liabilitv . Bodily Injury (Occurrence Basis) $1,000,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project. Property Damage (Occurrence Basis) $100,000 each occurrence, or Equivalent, subject to a $1,000,000 aggregate applicable to the Project. This policy shall be a form acceptable to Indemnitees, endorsed to include the Indemnitees as additional insureds, contain a Waiver of Subrogation in favor of the Indemnitees, and shall include the following coverages: (~'I'J IS ~ Page }4 vI I7 \L. rfJ e . (1) Premises/Operations (2) Independent Concessionaires (3) Liquor and Product Liability (4) Broad Fonn Contractual Liability specifically in support of, but not limited to, the indemnity provisions contained herein (5) Broad Form Property Damage (6) Personal Injury Liability with employee and contractual exclusions removed eCl ComDrehensive Automobile Liability Bodily Injury Property Damage $500,000 combined single limit $500,000 combined single limit 2.01 INDENMITOR'S EQUIPMENT POLICY: Any such insurance policy covering Indemnitor's or its subcontractors' equipment against loss by physical damage shall include an endorsement. waiving the insurer's right of subrogation against the Indemnitees. Such insurance shall be Indemnitor's and its subcontractors' sole and complete means of recovery for any such loss. Should Indemnitor or its subcontractors choose to self insure this risk, it is expressly agreed that the Indemnitor and its subcontractors hereby waive any clairn for damage or loss to said . equipment in favor of the Indemnitees. 2.02 EVIDENCE OF INSURANCE: Evidence of the insurance coverage required to be maintained by the Indemnitor under this Agreement, represented by Certificates of Insurance issued by the insurance carrier, must be furnished to the Indemnitees prior to Indemnitor commencing the work. Such Certificates of Insurance shall specify the additional insured status required by the Agreement, waivers of subrogation, that all broad fonn general liability coverages are provided and other requirements set forth in this Agreement, and shall state that the Indemnitees will be notified in writing thirty (30) days prior to the cancellation, change, reduction in coverage, or non-renewal of such insurance at Indemnitees' address set forth on the first page of the Agreement. Indemnitor shall provide to Indemnitees a. certified copy of any and all applicable insurance policies upon request of Indemnitees. Renewal policies, if necessary, shall be delivered to Indemnitees at least ten (10) days prior to the expiration of the previous policy. None of the requirements contained herein as to types, limits or Indemnitees' approval of insurance coverage to be maintained by Indemnitor is intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Indemnitor under the Contract Documents or otherwise provided by law. In the event of any failure by Indemnitor to comply with the provisions of this Agreement, Indemnitees may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to Indemnitor, purchase such insurance, at Indemnitor's expense, provided that Indemnitees shall have no obligation to do so and if Indemnitees shall do so, Indemnitor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 2.03 SUBCONTRACTORS INSURANCE: Insurance similar to that required of Indemnitor shall be provided by all subcontractors (or provided by Indemnitor on behalf of subcontractors) to cover their operations perfonned under the Contract Documents. Indemnitor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. Indemnitor shall maintain Certificates of Insurance from all subcontractors, enumerating, among other things, the waivers in favor of, and insured status of, the Indemnitees, as required herein, and make them available to Indemnitees upon request. The tenn "subcontractor(s}" for the purposes of this Agreement shall include subcontractors of any tier. , '1'1 If' Yt4.fI- Page ~ ? fJr(Y e . 2.04 RELEASE AND WAIVER: Indemnitor hereby releases, and shall cause its subcontractors to release, Indemnitees and the other Indemnitees from any and all claims or causes of action whatsoever which Indemnitor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be maintained by Indemnitor and/or its subcontractors pursuant to the Contract Documents. Indemnitees hereby waives all claims against Indemnitor for damages caused by fire or other perils to the extent of the insurance proceeds which Indemnitees is entitled to retain from the policies described in the Agreement. 3.0 COMPLIANCE WITH LAWS: Indemnitor, in performing any labor or using any equipment of Indemnitees premises, as contemplated in this Agreement, will fully comply and ensure that its agents, employees, representatives and subcontractors conduct their activities on Indemnitees premises in a manner which will fully. comply with all safety and health standards established by any applicable federal, state or municipal statute, regulations or ordinance, including, without limitation, the federal Occupational Safety and Health Act, as amended, 4.0 COSTS: Should it become necessary for Indemnitees to incur any cost or expenses, whether direct or indirect, including, but not limited to, attorney's fees, investigator's fees, collection costs, or court costs, in connection with any claim or demand for which indemnification is provided by this Agreement, or in connection with any attempt to recover losses incurred on such claims or demands, or in connection with the enforcement of this Agreement, Indemnitor agrees to fully reimburse Indemnitees for such costs and expenses. 5.0 SEVERABILITY: Any provision, covenant of agreement contained in this Agreement which is found to be prohibited by law or void or unenforceable shall not invalidate the remainder of this Agreement. 6.0 TERM OF AGREEMENT: This Agreement shall remain in full force and effect contemporaneously with City of La Porte RFP # oon, contract for food, beverage and concession items at the City of La Porte Sylvan Beach Pavilion, and extensions thereof, and shall remain effective as to losses, liabilities and expenses, including claims therefor, arising prior to the date of expiration of said contract, and any extensions thereof. INDEMNITOR (Concessionaire) INDEMNITEES bul( Uxls-/- Con~e'5S'~(lS 4-tJenn~ (Name of Company) By: ~O~~ F() R. ra, City Manager Title: b w V'\ e ( Harris County, Texas '~d]; IS" ~ Page ~7 t. ~ . It REO&T FOR CITY COUNCIL AGENDL Administrative Services Agenda Date Requested: Requested By: Report Ordinance Exhibits: Bid Tabulation SUMMARY & RECOMMENDATION The City's Medical Fund is semi self funded in that the City pays all medical claims up to a certain stop loss point, which is $75,000, per person. We buy insurance to cover those amounts over the stop loss. We also furnish group life and accidental death and dismemberment coverage. All full time employees, 344 positions in the current budget, are covered by these benefits. Our current carrier is U.S. Benefits. Annual cost for stop loss is $107,335. Annual cost for group life and AD & D is $15,357. We sent RFP's to those companies offering such coverage and on March 19th, we received six responses. The results are shown on the attached bid tabulations. The best offer for stop loss coverage was again provided by U.S. Benefits at a total cost of $116,650, a 9% increase overlast year. The best offer for group life was submitted by Lafayette Life at an annual total of $13,082, with a three year rate guarantee. This amount represents a 15% decrease from last year. There are sufficient amounts in the Medical Fund to cover these premiums. Staff recommends awarding the stop loss insurance to U.S. Benefits, and the group life and A D & D to Lafayette Life. Action Required by Council: Authorize City Manager to enter an agreement with U.S. Benefits for stop loss insurance and with Lafayette Life for group life and AD & D. Availability of Funds: General Fund _ Capital Improvement --X.. Other Account Number: Fund 14 WaterlWastewater _ General Revenue Sharing Funds Available: x Yes No Approved for City Council Aeenda G?~ T. ~ Robert T. Herrera City Manager \'{-i-9~ Date ~ THE LAFAYETTE LIFE INaANCE COMPANY 1905 Teal Road, P.O. Box 7007 Lafayette, Indiana 47903 (800) 443-8793 e GROUP TERM LIFE INSURANCE POLICY This insurance polley Is a legal contract between the Policyholder and the Company. Please read this Contract carefully. POLICYHOLDER: CITY OF LA PORTE STATE OF DELIVERY: TEXAS CONTRACT NUMBER: G~2TLP CONTRACT EFFECTIVE DATE: APRIL 1,1999 CONTRACT ANNIVERSARY: APRIL 1,2000 PREMIUM DUE DATES: FIRST DAY OF EACH MONTH The Lafayette Life Insurance Company agrees to pay the benefits provided by this Contract in accordance with its terms and conditions. This Contract is issued in consideration of the Application of the Policyholder, a copy of which is attached hereto, and payment of the required premiums when such premiums are due. The first premium is due on the Contract Effective Date. Subsequent premiums will be due on the dates stated above at the Company's Home Office. All periods of time under this Contract will begin and end at 12:01 A.M. local time at the Policyholder's address. This Contract is issued by the Company in Lafayette, Indiana, on the Contract Effective Date. ~/-J~ ~f~ President Secretary NOTICE OF ANNUAL MEETING . Notice is hereby given to the Policyholder that while this Contract remains in force, the Policyholder is entitled to vote at the annual meetings of the Company. Annual meetings are held in the Home Office on the second Tuesday of each March at ten o'clock in the morning. GPLlFE95P IMPORTANT NOTIC' AVI.IMPORTANTE You may call The Lafayette Life Insurance Company's toll-free telephone number for information or to make a complaint at: Usted puede lIamar al numero de telefono gratis de The Lafayette Ufe Insurance Company para information 0 para someter una queja al: 1-800-243-6631 1-800-243-6631 You may also write to The Lafayette Life Insurance Company at: Usted tambien puede escribir a la oficina The Lafayette Life Insurance Company: 1905 Teal Road P.O. Box 7007 lafayette, IN 47903 1905 Teal Road P.O. Box 7007 Lafayette, IN 47905 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Puecle comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 FAX #512-475-1n1 P.O. Box 149104 Austin, TX 78714-9104 FAX #512-475-1n1 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. D1SPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima 0 a un reclamo, debe comunicarse con su agente 0 la campania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). ATTACH THIS NOTICE TO YOUR POLlCY: This notice is for information only and does not become a part or condition of the attatched document. UNA ESTE A VI SO A SU POlIZA: Este aviso es solo para proposito de information y no se convierte en parte o condicion del documento adjunto. Form 1518-TX 5/92 - . TABLE OF CONTENTS Pace SECTION 1 SCHEDULE OF BENEFITS 1 - 1 SECTION 2 DEFINITIONS 2 -1 SECTION 3 GENERAL PROVISIONS 3 -1 SECTION 4 ELIGIBILITY FOR, AND EFFECTIVE DATE OF, INSURANCE 4 -1 Eligibility 4 -1 Eligibility for Dependent Life Insurance 4 -1 Effective Date Of Insurance 4 -1 Effective Date of Dependent Life Insurance 4 -1 SECTION 5 TERMINATION AND REINSTATEMENT PROVISIONS 5 - 1 Termination of Insurance 5 -1 Termination of Contract 5 -1 Reinstatement of Contract 5-1 SECTION 6 LIFE INSURANCE 6 - 1 Life Insurance Benefit 6 -1 Assignment 6 - 1 Beneficiary and Payment of Benefits 6 -1 Facility of Payment 6 -1 Conversion Privilege 6-2 Waiver of Premium 6 - WPL1 Continuation of Life Insurance Coverage 6-CON'T SECTION 7 ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE 7 - AD&D AD&D Benefit 7-AD&D Exclusions and Limitations 7-AD&D GPUFE95P e SECTION 1 - SCHEDULE OF BENEFf BENEFIT DESCRIPTION CLASS DESCRIPTION OOOOA All Police, Fire, and Salaried Employees in Active Employment 00008 All Other Employees in Active Employment Employees not Eligible: Part - Time, Temporary, and Retirees LIFE AD&D $ 20,000 $ 20,000 $10,000 $ 10,000 ATTACHED RIDERS - Accelerated Benefits Rider - Insured Employees only. REDUCTION OF INSURANCE FOR ALL INSUREDS All amounts of Life and AD&D Insurances in force reduce as follows on the first day of the month coincident with or next following the date the stated age below is attained: Attained Ace. 65 70 75 Percentage of Reduction From Amount in Effect at Ace 64 35% 60% 80% WAITING PERIOD ~"'~.'J . {J~ '..' {'"..".,. ...:. .. '. . . . . ..,~ ~::':: '.... :~. '.\~.' ~'\ .'C'(jJP- ~<<O 'U .. ..\ . ~.~~ . See SECTION 4 - ELIGIBILITY FOR, AND EFFECTIVE DA TE OF, INSURJ. PREMIUMS Premiums for Employee Ute Insurance and Employee AD&D Insurance are non-contributoiy. This Contract Provides: RENEWABLE LEVEL BENEFIT TERM LIFE INSURANCE APPLICABLE FACE AMOUNT PAYABLE AT DEATH OF INSURED NO CASH VALUES PREMIUMS MAY INCREASE NON-PARTICIPATING: NO DIVIDENDS ARE PAYABLE GPUFE95P 1 . 1 e e SECTION 2. DEFINITIONS The terms listed below, when used in this Contract, shall have the following defined meanings. ACTIVE EMPLOYMENT. means the Employee must be a permanent Employee present and performing all of hislher normal job duties at the Policyholder's principal place of business, excluding the Employee's personal residence, for a minimum of 40 hours per week. ANNUAL EARNINGS . means the Certificateholder's gross annual salary from the Policyholder in effect immediately before the date of loss. Annual Earnings do not include bonuses. overtime pay and extra compensation, including. but not limited to, consulting fees and director's fees. APPLICATION. means: 1. the written application for this Contract signed by the Policyholder, including any supplements and/or amendments thereto; 2. the written applications, including any Evidence of Insurability, of the Employees requesting coverage for themselves and/or their Dependents: or 3. any written application for reinstatement of this Contract. signed by the Policyholder. BENEFICIARY. means the person(s) or other entity designated by the Certificate holder, on a form satisfactory to the Company, to receive any benefits becoming payable under the terms of this Contract upon the Certificateholder's death. Benefits will be paid in accordance with the BENEFICIARY AND PAYMENT OF BENEFITS and the FACILITY OF PAYMENT provisions located in SECTION 6 - LIFE INSURANCE of this Contract. CERTIFICA TE . means the written document. including all amendments, endorsements and riders, issued by the Company to the Policyholder for delivery by the Policyholder to each Certificateholder setting forth a summary of: 1. the insurance benefits to which an Insured is entitled; 2. to whom such benefits are payable; 3. any Dependent Insurance; and 4. any limitations. exclusions, or requirements that may apply to this Contract. The Certificate is not part of this Contract. CERTIFICA TEHOLDER - means an Employee who is insured under this Contract. COMPANY. means The Lafayette Life Insurance Company, Lafayette. Indiana. CONTRACT. means this group insurance policy for term life insurance and all riders, endorsements or amendments thereto. CONTRACT EFFECTIVE DATE . means the date this Contract becomes effective, as shown on the face page of this Contract. DEPENDENT. means: 1. the spouse to whom the Certificateholder is legally married; 2. the Certificate holder's unmarried children from their 14th day of age up to and including their 19th birthday; and 3. the Certificateholde~s unmarried child who is at least 19 years old but no more than 23 years old, if such child: a. is enrolled as a full-time student at an accredited school, college or university; and b. is not employed on a full-time basis. GPUFE95P 2.1 e e Child includes an adopted child. stepchild or foster child who depends on the Certificateholder for support. Dependent does not mean anyone who: 1. lives outside the United States; 2. is in the armed forces of any country; or 3. has coverage under this Contract as a Certificateholder or Dependent of another person. DEPENDENT INSURANCE. means the insurance coverage for Dependents of Certificateholders who are eligible to be insured under this Contract. EMPLOYEE - means a person who is employed directly by the Policyholder, for pay. in the conduct of the Policyholder's regular business at the Policyholder's principal place of business. other than the Employee's personal residence. A sole proprietor, partner (in the case of a partnership), or shareholder (in the case of a corporation) shall only be considered to be an Employee if such person is engaged in the conduct of the Policyholder's regular business, for pay, at the Policyholder's principal place of business. EVIDENCE OF INSURABILITY. means written proof of an Employee's or Dependent's medical history. HOME OFFICE. means the Company's offices at 1905 Teal Road, Lafayette, Indiana, 47903. INJURY. means a trauma to the body from an external force applied first to the exterior of the body by violent and accidental means and which is evidenced by a visible bruise or wound. A visible bruise. or wound shall also be said to exist in the case of an Injury which is internal and shown by autopsy. INSURED. means a Certificateholder and/or such Certificateholder's Dependents insured under this Contract. POLICYHOLDER. means the entity, and its affiliates or subsidiaries. if any, listed on the Application for. and shown on the face page of. this Contract. Policyholder also includes any employer who participates in the collective bargaining agreement with a union Policyholder and which is listed on the Application for this Contract. RETIRED or RETIRES - mean the earliest of anyone of the following occurrences: 1. the date the Insured ceases working in accordance with his/her employer's retirement benefit and/or pension plan; 2. the date the Insured is approved to receive retirement benefits under any federal (including. but not limited to, the U.S. Social Security Act, as amended, and/or the Veterans Administration). state. county, municipal or association retirement plan; 3. the date the Insured draws anellor receives benefits from any pension plan, fund or other similar program, whether or not provided by the Insured's eR)ployer; or 4. the first day of the month in which the Insured attains age 85 and is not in Active Employment for any reason. . If an Insured is not at work for any reason, including an approved absence, illness or disability or Total Disability. on the date he/she Retires, the date the Insured Retires shall also be deemed to be the date such Insured's employment terminates. SICKNESS. means illness, disease. or Complications of Pregnancy, as defined below. The Sickness must begin after the Insured's effective date under this Contract. GPUFE95P 2.2 e e Complications of Pregnancy means any or all of the following conditions which are made worse by. occur during. or are caused by pregnancy: acute nephritis, nephrosis. cardiac decompensation. missed abortion, hyperemesis gravidarum. ectopic pregnancy that is ended, non-elective Cesarean section, pre-eclampsia. gestational diabetes. spontaneous end of pregnancy which occurs when a viable birth is not possible. and other medical problems of similar severity. Complications of Pregnancy do not include: false labor, occasional spotting, rest prescribed by a Physician, morning sickness. leg cramps or similar conditions that are associated with a difficult pregnancy but not classified as a distinct Complication of Pregnancy. TOTAL DISABILITY and TOTALLY DISABLED. mean that. because of an Injury or Sickness which: 1. began after the Contract Effective Date: and 2. while the Certificateholder was insured under this Contract; and 3. for which the Certificateholder is under the regular care and attendance of a Physician; and the Certificateholder cannot perform the material and substantial duties of his own or any other occupation for compensation or profit for which the Certificateholder is or becomes qualified by training, education or experience. With respect to Certificateholders: 1. employed as pilots. co-pilots and crew of an aircraft. the loss of a pilot's license or any other license or certificate shall not, in itself, constitute Total Disability; or 2. holding a professional license. the mere loss of such license shall not, in itself, constitute Total Disability. WAITING PERIOD. means the period of time an Employee must wait before becoming eligible to apply for insurance under this Contract, as shown on the Schedule of Benefits page. GPUFE95P 2-3 e e SECTION 3 . GENERAL PROVISIONS THE CONTRACT The entire contract consists of: 1. this Contract, including any endorsements, amendments and/or riders; and 2. all Applications, including, but not limited to, the attached copy of the Application of the Policyholder. All statements made by Insureds are deemed to be representations and not warranties. The provisions of this Contract may be changed or waived only by a duly authorized officer of the Company and only in writing. Any change to this Contract shall also require the written consent of the Policyholder. Except as otherwise provided in a writing signed by both the Policyholder and the Company and made a part of this Contract, a change. when made. shall be binding on all Insureds. The Company will not be bound by any promise or representation made to any person who is not a duly authorized officer of the Company or who is acting outside the scope of his/her authority as an officer for the Company. No agent or broker has any authority to change this Contract, extend the time for payment of any premium or waive any provision of this Contract. GOVERNING LAW The entire contract shall be governed by the laws of the state in which it was delivered. CONFORMITY WITH STATE STATUTES Any provision of this Contract which conflicts with the laws of the state in which this Contract was delivered is amended to conform to the minimum requirements of such laws. GRACE PERIOD A grace period of 31 days will be allowed for the payment of any premium except the'first premium. This Contract will remain in force during a grace period unless the Policyholder has given the Company 31 days advance written notice of termination prior to the premium due date, in accordance with the provisions of SECTION 5 - TERMINATION PROVISIONS of this Contract. The Policyholder shall be liable to the Company for the payment of a pro-rata premium for any time that this Contract is in force during a grace period. If any premium is not paid before the grace period ends, this Contract will terminate as of 12:01 A.M. of the last day of the period for which premium has been paid. . INCONTEST ABILllY This Contract may not be contested after it has been in force for 2 years atter the Contract Effective Date. However, it may be contested at any time for nonpayment of premium or for fraudulent misrepresentation. No statement made by any Insured relating to his or her insurability shall be used to contest the validity of an Insured's coverage atter the Insured's coverage has been in force prior to the contest for a period of 2 years during the Insured's lifetime. Any statement used in a contest must be in writing and signed by the Insured, or on the Insured's behalf, and a copy of any such statement must be given to the Insured or the Insured's beneficiary. NOTICE OF CLAIM A written notice of claim providing enough information to identify the Insured must be sent to the Company at its Home Office within twenty (20) days after the date of occurrence of the event for which claim is being made, or as soon thereafter as reasonably possible. If this Contract includes a Waiver of Premium benefit for Life Insurance, please refer to the separate Notice of Claim and Proof of Claim requirements contained in that section for that benefit. GPUFE95P 3.1 e e CLAIM FORMS When the Company receives notice of claim, it will send the claimant the forms to be used in filing proof of claim. If the Company does not send these forms within 15 days, the claimant may meet the requirements for proof of claim as long as he/she sends written proof satisfactory to the Company detailing the nature, occurrence and extent of the loss within the time limit stated in the PROOF OF CLAIM provision below. PROOF OF CLAIM Written proof of claim satisfactory to the Company must be sent to the Company at its Home Office within 90 days after the date of the event for which claim is made. A claim will not be reduced or denied if it was not possible to send the proof within this time; however, proof of claim must be sent as soon as reasonably possible. In any case. the required proof must be sent to the Company no later than one year after the 90 day period specified above, unless the claimant was legally incapacitated. If this Contract includes a Waiver of Premium benefit for Life Insurance, please refer to the separate Notice of Claim and Proof of Claim requirements contained in that.section for that benefit. INFORMATION The Company, or its designated contractors, may obtain from any relevant person or entity information relating to a claim for benefits. The Company may also furnish information to other entities providing similar benefits. The Policyholder shall maintain its own records of transactions relating to this Contract, including, but not limited to: 1. the names of all Insureds; 2. the Beneficiary(ies) of each Certificateholder; 3. the date upon which each Insured became insured under this Contract: and 4. the effective date of any change in an Insured's insurance under this Contract. The Policyholder will furnish the Company with a copy of such records and will immediately report to the Company any change in such records. The Company has the right to inspect any records of the Policyholder which the Company deems relevant to the administration of this Contract and the adjudication of claims hereunder. The Company may inspect such records during the Policyholder's normal business hours. Employees and/or their Dependents shall be enrolled on forms approved by the Company. Certificates will not be issued until enrollment forms are received and approved by the Company. In furnishing information to the Company, the Policyholder Is not acting as the Company's agent. No information known to the Policyholder shall constitute notice or knowledge to the Company until it is actually received in writing at th~ Company's Home Office. Errors of the Policyholder in furnishing information will not invalidate insurance which should have become effective; and Policyholder reporting errors will not continue, extend or create insurance which should have terminated or for which the Employee or Dependent was not eligible under this Contract. Premiums shall be paid, credited or offset as appropriate when such errors are detected. LEGAL ACTIONS No claimant may sue for payment of claims within 60 days after the date proof of claim is sent. as required, or more than 3 years after the time proof of claim is required. If any time stated in this Contract for giving notice or proof of claim, or beginning legal action. is less than that permitted by the laws of the state in which this Contract was delivered. then such limit shall be extended to the minimum period of time required by such laws. GPLlFE95P 3.2 - e MISSTATEMENT OF AGE OR SEX It the age or sex ot an Insured has been misstated, the Company will adjust the proceeds and/or premiums due under this Contract. It adjusted, the proceeds will be the amount that the premiums paid would have purchased at the correct age and/or sex. AUTOPSY AND PHYSICAL EXAMINATION The Company I at its expense, has the right to have a physician of its choice examine an Insured as often as reasonably necessary while such Insured has a claim pending. The Company also has the right, at its own expense, to have an autopsy performed, unless prohibited by law. PREMIUMS SUBJECT TO CHANGE Premiums for this Contract may not be changed during the first twelve months after the Contract Effective Date, . unless the terms of this Contract are changed, in which case any change in premium will take effect concurrent with the change to this Contract. Otherwise, the Company has the right to change the premium at any time so long as the Company gives the Policyholder thirty-one days advance written notice of any change in premium. New premium rates will take effect on the next premium due date following the notice of change. Premium adjustments resulting in a refund of unearned premium must be requested by the Policyholder within 12 months of the date in which such premium adjustment was effective. RIGHT TO RECOVERY If any payment made by the Company under this Contract is more than the correct amount due hereunder, the Company may recover the overpayment from the person or entity to whom the benefits were paid. APPOINTMENT OF BROKER When the Policyholder appoints an insurance broker to procure or administer this Contract, the Company may give all notices contemplated by this Contract to such broker. The Company must receive written evidence of such appointment from the Policyholder. After receipt of such written evidence. notice to, and communications from, the broker will be deemed dealings between the Company and the Policyholder. An affiliate, subsidiary or employer of the Policyholder may not exercise the rights of the Policyholder. The Policyholder, or its broker when appointed by the Policyholder, will be the exclusive agent for any subsidiary, affiliate, employer, employee and/or any other person covered under this Contract, in matters concerning this Contract. WORKER'S COMPENSATION NOT AFFECTED This Contract does not take the place of, nor does it affect. any requirements for worker's compensation coverage. GPUFE95P 3-3 e e SECTION 4. ELIGIBILITY FOR, AND EFFECTIVE DATE OF, INSURANCE ELIGIBILITY An Employee becomes eligible for insurance under this Contract: 1. on the Contract Effective Date, if the Employee has completed at least 30 days of Active Employment: 2. on the first day of the month coincident with or next following the 30 days period after the Contract Effective Date, if the Employee was hired within 30 days preceding the Contract Effective Date; 3. on the first day of the month coincident with or next following the completion of 30 days of Active Employment after the Contract Effective Date, if the Employee was hired after the Contract Effective Date. Any Employee not in Active Employment on the date such Employee would otherwise be~me eligible for insurance under this Contract will become eligible after returning to an Active Employment status for one working day. . Eliaibilitv for Deoendent Insurance Dependent Insurance is offered to a Certificateholder if the Certificateholder is eligible for such insurance under this Contract and has elected life insurance coverage for his/her Dependents. A Dependent will be eligible tor Dependent Insurance under this Contract on the latest of: 1. the Contract Effective Date; 2. the date the Certificateholder becomes eligible for Dependent Insurance under this Contract; or 3. the date the Certificateholderfirst acquires a Dependent. EFFECTIVE DATE OF INSURANCE To become insured under this Contract, an eligible Employee must m~e written Application for insurance with the Company through the Policyholder on a form satisfactory to the Company. Upon approval by the Company of an Employee's Application, insurance coverage will be effective on the later of: {Q 12:01 A.M. on the date requested by the Employ~, or (ii) the first day of the month after the Company approves the Application. If an Application is not received by the Company within 31 days of the date the Employee first became eligible to apply for insurance under this Contract, that Employee must submit an Application a!ld Evidence of Insurability to the Company for approval. Any costs incurred in connection with the Evidence of Insurability shall be the responsibility of the Employee. Insurance coverage will then become effective on the date designated by the Company. The effective date of insurance for an Employee, or the effective date of any change in the amount of an Insured's insurance. will be delayed if the Employee is not in Active Employment. Insurance coverage under this Contract, and any changes in any amount of coverage hereunder, will be effective on the date the Employee returns to an Active Employment status. Effective Date of Deoendent Insurance A Certificateholder must make written Application and submit Evidence of Insurability if Application is made more than 31 days after the Certificateholder first became eligible to apply, for each Dependent in order to obtain Dependent Insurance under this Contract. Dependent Insurance will commence on the latest of: GPUFE95P 4.1 e e 1. the date the Certificateholder became insured under this Contract. if written Application, and Evidence of Insurability. if required, for each Dependent were received and approved by the Company prior to such date; or 2. the date the Certificateholder first acquires a Dependent and makes written Application and submits Evidence of Insurability, if required, to the Company for such Dependent and the Application is approved by the Company. If a Dependent is disabled due to a Sickness or Injury and is confined at home, in a hospital, a nursing or convalescent home. or elsewhere on the date such Dependent's insurance would otherwise commence under this Contract, insurance coverage for that Dependent shall commence on the first day of the month coincident with or next following the date the Dependent is no longer confined or disabled. If a Dependent is confined in a penal facility, including, but not limited to, a police lockup, county or city jail, state or federal prison, reformatory, halfway house. juvenile correction center. or other such similar facility, or who is under house arrest on the date such Dependent's insurance would other wise commence under this Contract. insurance coverage for that Dependent shall commence on the first day of the month coincident with or next following the date of the Dependent's final release and discharge from such confinement. . GPUFE95P 4-2 it e SECTION 5. TERMINATION AND REINSTATEMENT PROVISIONS TERMINATION OF INSURANCE An Insured will cease to be insured under this Contract at 12:01 A.M. on the earliest of the following: 1. the date this Contract terminates; 2. the date the Insured is no longer eligible for insurance under this Contract; 3. the last day for which premium has been paid; 4. the date the Certificateholder's employment terminates; 5. the day the Certificateholder is no longer in Active Employment due to a labor dispute, including, but not limited to, any strike, work slowdown, or lockout; 6. the date the Insured Retires; or 7. the day the Insured enters the armed forces of any country or international authority on a full-time basis. Dependent Insurance will automatically terminate on the earliest of anyone of the following dates: 1. the date this Contract terminates; 2. the day the Certificateholder requests Dependent Insurance be canceled; 3. the last day for which premium for Dependent Insurance has been paid; 4. the day the Certificateholder's coverage terminates; 5. the day the Dependent is no longer a Dependent, as defined herein; or 6. the day Dependent Insurance is terminated under this Contract. TERMINATION OF CONTRACT Termination of this Contract for any reason will not affect any claim which occurs prior to the date of termination. If the Policyholder fails to remit any premium within its grace period, this Contract will terminate as of 12:01 A.M. of the last day of the period for which premium has been paid. The Policyholder may terminate this Contract on any premium due date by giving 31 days advance written notice to the Company at its Home Office of such termination. The Company may terminate this Contract on any premium due date by giving 31 days advance written notice to the Policyholder of such termination. REINSTATEMENT OF CONTRACT If this Contract terminates because the Policyholder has not paid the required premium by the end of its grace period, the Policyholder may apply for reinstatement of this Contract. The Policyholder must request an application for reinstatement from the Company, and submit the completed Application, together with all past due premiums and the current month's premium, to the Company within the time limit set forth on such Application. If the Company chooses to reinstate this Contract, the insurance coverage hereunder will resume as of the date this Contract terminated. If the Company chooses not to reinstate this Contract, the Company will notify the Policyholder of such decision in writing and return any unearned premium submitted with such application for reinstatement. GPUFE95P 5-1 e e SECTION 6 . LIFE INSURANCE LIFE INSURANCE BENEFIT Upon receipt of written proof, satisfactory to the Company, of an Insured's death, the Company will pay the amount of insurance shown on the Schedule of Benefits page for the Insured in accordance with the BENEFICIARY AND PAYMENT OF BENEFITS and the FACILITY OF PAYMENT provisions below. Assianment A Certificateholder may absolutely assign to any other person or entity, except to the Policyholder, all or any part of the incidents of ownership held by the Certificateholder under this Contract including, but not limited to, the right to designate a Beneficiary and the right to have an individual policy issued in accordance with the CONVERSION provisions below. The assignment must be in writing, in a fonn satisfactory to the Company, and received by the Company at its Home Office during the Certificateholder's lifetime. Upon receipt by the Company, a properly completed assignment shall be effective as of the date it was signed by the CertiflCateholder, subject to any action taken or payment made by the Company prior to the receipt of such assignment by the Company at its Home Office. The Company does not guarantee the validity of any assignment. Dependent Insurance may not be assigned. Collateral assignments, by whatever named described, are not pennitted. Beneficiary and Payment of Benefits Any life insurance benefits becoming due upon a Certificateholder's death will be payable to the Beneficiary. Any benefits becoming due under the Dependent Insurance are payable to the Certificateholder if he/she survives the Dependent. If the Certificateholder does not survive the Dependent, the Company shall make payment to the Beneficiary. If no Beneficiary survives the Certificateholder and the Dependent, benefits coming due under the Dependent's Insurance may be paid by the Company, at its option, in accordance with the FACILITY OF PAYMENT provisions below. If a Certificateholder names more than one Beneficiary, and does not direct otherwise in writing as part of the designation the interest of each, the Company shall make payment in equal shares to the surviving Beneficiaries. If no Beneficiary survives, or if no -Beneficiary has been named, the Company, at its option. may make payment in accordance with the FACILITY OF PAYMENT provisions below. A Certificateholder may designate a Beneficiary by doing so in writing and in a fonn acceptable to the Company. Any such designation or change must be filed with the Company. The Certificateholder may change any revocable Beneficiary and designate a new Beneficiary by doing so in writing and in a fonn acceptable to the Company and filed with the Company at its Home Office. Any payment made to the Beneficiary named in the Company r~ords, prior to the Company's receipt at its Home Office of a properly executed change of Beneficiary, shall release and fully and finally discharge the Company to the extent of the payment. Otherwise, Beneficiary designations received by the Company will be effective from the date signed by the Certificateholder. Any Beneficiary designation made by the Certificateholder shall remain in force until changed by the Certificateholder in the manner stated above. Reinstated insurance will be governed by the previous designation unless otherwise changed. Benefits becoming payable during the Certificateholder's lifetime are payable to the Certificateholder. Facility of Payment If no Beneficiary was named or if no named Beneficiary survives the Certificateholder, the Company may, at its option, make payment to one or more of the following persons, separately or in combination, as the Company may choose: 1. the executor or administrator of the Certificateholder's estate: 2. the Certificateholder's surviving spouse; 3. the Certificate holder's surviving child or children, in equal shares; GPUFE95P 6.1 e e 4. the Certificateholder's surviving parent or parents, in equal shares; 5. the Certificateholder's surviving brothers and sisters, in equal shares; or 6. any person equitably entitled to payment by reason of having paid the Insured's funeral or other expenses incident to the Insured's last Sickness, but not to exceed the maximum amount allowed by state law. Any payment made as provided in this provision will fully and finally discharge the Company from any and all liability to the extent of the payment made. If a person to whom proceeds are payable is a minor or is, in the Company's sole opinion, legally incapable of giving a valid release, and no conservator or guardian of the estate has been appointed, the Company may, at its sole discretion: 1. hold such payment until a conservator or guardian of the estate eligible to receive the funds is duly appointed by the appropriate court; 2. make payment to the person who satisfies the legal requirements for receipt of the property payable to the person entitled to the proceecJs; or 3. make payment to the person who, in the Company's sole opinion, is then assuming the obligation of the recipient's principal care and support. Payment under item 3. above for a minor child may not exceed the maximum amount allowed by state law. Any payments made by the Company in accordance with this provision shall fully and finally discharge the Company from any and all liability to the extent of the payments so made. CONVERSION PRIVILEGE 1. If all or any part of an Insured's life insurance terminates while this Contract is in force because: a. the Certificateholder is no longer an Employee of the Policyholder; or b. the Certificateholder is no longer a member of a class of Employees eligible for life insurance under this Contract; and such life insurance is not replaced with any other type of life insurance, the Insured may convert, without Evidence of Insurability, the amount of life insurance SO terminated, less any amount of group life insurance the Insured may be eligible for within 31 days after his life insurance under this Contract terminates, to an individual policy. 2. If all or any part of an Insured's life insurance terminates while this Contract is in force, and after the Insured has been continuously insured under this Contract for at least fIVe years. because: a. this Contract is terminated; or b. t~is Contract is amended and no longer provides the Insured with life insurance, and such life insurance is not replaced with any other type of life insurance, the Insured may convert, without Evidence of Insurability, the lesser of 0) the amount of life insurance so tenninated less any amount of group life insurance the Insured may become eligible for within 31 days after his Ufe insurance under this Contract terminates, or (ii) the maximum amount allowed by state law. To obtain an individual life insurance policy, the Insured must apply in writing to the Company using the proper forms. The completed application and first premium must be received by the Company at its Home Office within 31 days after the Insured's life insurance under this Contract was terminated. The premium for the individual policy will be based on the Company's then customary rate applicable to the individual life insurance policy, the face amount of the individual life insurance policy, the class of risk to which the Insured belongs and the age attained by the Insured on the effective date of the individual life insurance policy. In the event the Insured dies within the conversion period, the amount of life insurance which qualifIeS for conversion to an individual life insurance policy will be payable under this Contract even if no application or payment of the first premium for the individual life insurance policy has been made. GPUFE95P 6.2 e e WAIVER OF PREMIUM In the event a Certificateholder becomes Totally Disabled. the life Insurance coverage on such Certificateholder may be continued without payment of premium from the date such Certificateholder's Total Disablity if: 1. the Total Disability began after the Contract Effective Date; and 2. the Total Disability began while the Certificateholder was insured under the Contract; and 3. the Total Disability began before the Certificateholder attained age 60; and 4. the Total Disability has continued for at least 9 consecutive months; and 5. notice and proof of claim satisfactory to the Company are furnished as described below. If an application for the Waiver of Premium benefit is approved by the Company, all premiums for life Insurance coverage on the Totally Disabled Certificateholder which become due after the date the Total Disability began will be waived, so long as the Certificateholder: 1. remains Totally Disabled; and 2. continues to qualify for ttlis benefit; and 3. continues to submit proof of Total Disability satisfactory to the Company as the Company may require. If premium has been paid to the Company for any period for which the waiver benefit has been approved, such premium will be refunded to the Policyholder by the Company. Premiums for any AD&D Insurance, Supplemental life Insurance, Weekly Disability Income Insurance or Dependent Insurance shall not be waived. Amount of Insurance The amount of life Insurance on a Totally Disabled Certificateholder for which premiums may be waived under this provision shall be the amount of life Insurance in effect for such Certificateholder on the date immediately preceding the date the Total Disability began. less any amount of life Insurance converted by the Certificate holder under the Conversion provision. In no event shall the amount of a Certificateholder's insurance be increased while the Certificate holder is Totally Disabled or has a claim for the Waiver of Premium benefit pending or after the claim is approved. However, if the Certificateholder's life Insurance would otherwise reduce or terminate for any reason under the provisions of the Contract. the amount of life Insurance for which premiums are waived under this benefit provision shall also reduce or terminate accordingly. Notice of Claim for Waiver of Premium Benefit The Waiver of Premium benefit will not be approved without written notice <:1f claim being given to the Company while the Certificate holder is living and during the continuance of the Total Disability. No premium will be waived if Total Disability began more than one year before the Company was given written notice. However, if it is not reasonably possible to give the Company written notice within one year. the delay will not reduce the benefit if notice is given to the Company as soon as it is reasonably possible to do so. Proof of Claim for Waiver of Premium Benefit Before the Waiver of Premium benefit can be approved, written proof of claim satisfactory to the Company must be received by the Company: 1. while this Contract is in effect and 2. during the Certificateholder's lifetime; and 3. no later than 12 months after the date the Total Disability began. GPUFE95P 6-WPLl e e The proof must establish that the Certificateholcler is Totally Disabled and that the Total Disability: 1. began after the Contract Effective Date; and 2. began while the Certificateholcler was insured under the Contract; and 3. began before the Certificateholder attained age 60; and 4. has continued for at least 9 consecutive months. The Certificateholder and the Policyholder are responsible for submitting the required proof to the Company within the applicable time limits. It is not the responsibility of the Company to ask for such proof or to remind the Certificateholder and/or the Policyholder to submit such proof. The Company has the right to require that a Certificateholder be examined by a physician of the Company's choice as often as reasonably necessary while such Certificateholder has a claim pending for the Waiver of Premium benefit. However, after two (2) years of Total Disability, the Company may only require proof of Total Disability, satisfactory to the Company, once a year. The cost of any such examination will be paid for by the Company. Proof of Continued Total Disabilitv The Company may require proof of continued Total Disability, satisfactory to it, to be submitted upon request. Termination of Waiver of Premium Benefit The Waiver of Premium Benefit will end upon the earliest of any of the following events: 1. the date Certificateholder is no longer Totally Disabled; 2. the date the Certificateholder's employment with the Policyholder terminates; 3. the date the Certificateholder Retires; 4. the last day of the period for which proof of Total Disability, satisfactory to the Company, was received by the Company; 5. the date Certificateholder refuses or fails to have an examination required by the Company; or 6. the day the Certificateholder attains age 65. The Certificateholder must notify the Company in writing within 31 days after the hislher Total Disability ends. Failure to provide timely notification to the Company will release the Company from all obligatiQns to pay any amount under this Contract if such Certificateholder later dies. GPUFE95P 6-WPL2 e CONTINUATION OF LIFE INSURANCE COVERAGE e Life Insurance coverage for a Certificateholder who becomes Totally Disabled while insured under this Contract, will be continued by the Company for a period of 9 months from the date the Total Disability began, so long as: 1. the Total Disability began after the Contract Effective Date: and 2. the Total Disability began after the Certificateholder's effective date under this Contract; and 3. the Company receives timely payment of the required premium; and 4. notice and proof of loss are received by the Company within the required time limits. In no event shall any continuation of life insurance under this provision extend beyond the earlier of: 1. the date the Certificateholder is approved for any other extension of coverage which may be provided under this Contract; or 2. the date this Contract terminates. The amount of life Insurance to be continued under this benefit provision for a Totally Disabled Certificateholder will be the amount of Life Insurance in effect for such Certificateholder on the date immediately preceding the date his/her Total Disability began, less any amount of Life Insurance converted under the Conversion provision. In no event shall the amount of an Certificateholder's insurance be increased while the Certificateholder is Totally Disabled. However, if the Certificateholder's insurance would otherwise reduce or terminate for any reason under the provisions of the Contract. the amount of Life Insurance continued hereunder shall also reduce or terminate accordingly. This provision does not apply to any AD&D Insurance, Supplemental Life Insurance, Weekly Disability Income Insurance.Dr Dependent Insurance. GPUFE95P 6-CON'T e e SEcnON 7. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE In the event a Certificateholder suffers an Injury and sustains a loss: 1. after the Contract Effective Date; and 2. while insured under this Contract; and 3. within 90 days of such Injury, the Company will pay the following accidental death and dismemberment rAD&Dj benefit to that Certificateholder or, if the Certificateholder does not survive the Injury, to the Beneficiary, in accordance with the BENEFICIARY AND PAYMENT OF BENEFITS and the FACILITY OF PAYMENT provisions of this Contract: TYPE OF LOSS AMOUNT OF BENEFIT Life; both hands or feet; sight in both eyes; one'hand and one foot; one hand or one foot and sight in one eye Full amount of AD&D Insurance as shown on the Schedule of Benefits page One hand, one foot or sight in one eye One-half of full amount of AD&D Insurance as shown on the Schedule of Benefits page Loss of hand or foot means loss by complete severance, without reattachment, at or above the wrist or ankle joint. Loss of sight means total blindness which is not recoverable. ' The total amount payable for all losses resulting from Injuries sustained in anyone accident shall not exceed the full amount of AD&D Insurance as shown on the Schedule of Benefits page. EXCLUSIONS AND LIMITATIONS AD&D benefits are not payable for any loss caused by, contributed to by, or resulting from, either directly or indirectly: 1. suicide, attempted suicide, or intentionally self-inflicted Injury, while sane or insane; 2. Sickness, bodily or mental infirmity or disease, or any diagnosis or treatment therefor; 3. participation in an insurrection or riot; 4. a state of war or any act of war, declared or undeclared, whether or not the Insured is in the armed forces; 5. committing or attempting to commit an assault or felony; 6. any entry into the body of poison, gas, alcohol or a controlled substance, drug, medication or sedative, unless taken as prescribed by a physician; 7. not wearing a safety helmet when operating or riding as a passenger on any two- or three-wheeled motorized vehicle or any type of all-terrain vehicle; 8. not properly utilizing a seatbelt or other safety restraint system when operating or riding as a passenger in a motor vehicle; 9. engaging in ultrahazardous activities such as, but not limited to, sky diving, hang gliding, auto racing, dirt bike racing or mountain climbing; or 10. travel or flight in, or descent from, any kind of aircraft, including balloons and gliders (except as a fare paying passenger on a regularly scheduled commercial route or chartered flight), or travel in any aircraft not holding a current airworthiness certificate or as a pilot, crew member or participant in training. The term "crew member" includes, but is not "mited to, any person designated as a member of the flight crew or anyone who performs any functions involving either the aircraft or the flight of the aircraft at any time. GPUFE95P 7-AD&D e , THE LAFAYETTE LIFE INSURANCE COM PAN HOME OFFICE: 1905 Teal Road, P.O. Box 7007 Lafayette, Indiana 47903 ACCELERATED BENEAT RIDER DEATH BENEFITS WILL BE REDUCED IF AN ACCELERATED BENERT IS PAID A Certificateholder with Life Insurance coverage under the Contract and who suffers from a terminal illness may elect to receive a portion of such coverage while living and while insured uncler the Contract. The Accelerated Benefit will be paid to the Certificate holder only if each of the following conditions have been met: 1. The terminal illness results from an Injury or Sickness which began while the Certificate holder is insured under the Contract; 2. The Certificateholder applies for the Accelerated Benefit in writing on a form satisfactory to the Company and while the Certificateholder is insured under the Contract; 3. The Company is provided with certification satisfactory to it from a Physician that the Certificateholder is terminally ill and expected to die within the next 12 months; and 4. The Company is provided with a second certification satisfactory to it from a Physician of its choice. This examination shall be done at the Company's expense, and shall be conclusive as to whether the Certificateholder has a terminal illness which qualifies for receipt of a benefit under this Rider. The Company may, at its sole discretion, waive the requirement of a second certification. "Physician" means a person who is not an Employee. or the spouse, daughter. son, father, mother, grandparent, sister, brother or any other relative of any Employee and who is a licensed and qualified medical doctor acting within the scope of his or her license. The amount of Accelerated Benefit which a Certificateholder is eligible for, once satisfactory application and certification have been provided to and approved by the Company, is: 1. 50% of the amount of Life Insurance in effect under the Qontract on the life of the Certificateholder on the date application and certification are approved by the Company, not to exceed $100,000. The benefit will be paid in one lump sum to the Certificateholder or the Certificateholder's legal guardian. Upon payment of the Accelerated Benefit. the amount of Life Insurance in effect on the life of the Certificateholder will be reduced by the amount of the benefit paid. The remaining amount of Life Insurance in effect on the life of the Certificateholder under the Contract will be continued, so long as premium is received by the Company. in accordance with the terms, conditions and limitations of the Contract. Any amount of insurance which may be converted under the Contract will also be reduced by the amount of Accelerated Benefit paid. This benefit is available only once during a Certificateholder's lifetime. The option to elect the Accelerated Benefit payment terminates upon the Certificate holder attaining age 64. To be eligible for this benefit, application for and certification of the terminal illness must be received and approved by the Company prior to the Certificateholder attaining age 64 and while the Certificateholder is insured under the Contract. In the event the Certificateholder has designated an irrevocable Beneficiary, such Beneficiary must consent in writing to the Certificate holder's eJection of this Accelerated Benefit; otherwise, the Certificateholder shall not be eligible for the Accelerated Benefit. The Accelerated Benefit does not apply to, nor does it affect. any Accidental Death and Dismemberment Benefits which may be provided .under the Contract. GP ABR95 Page 1 of 3 TX e e This Accelerated Benefit IS NOT a long tenn care policy. The amount of the Accelerated Benefit payment may not be enough to cover nursing home care or other bills. An Certificateholder may be required to utilize the Accelerated Benefit and/or other available funds before becoming eligible for Medicaid or other government assistance programs. THE RECEIPT OF A BENEFIT UNDER THIS RIDER MAY BE TAXABLE. BEFORE ELECTING lHE BENEFIT OFFERED UNDER lHlS RIDER, THE INSURED SHOULD CONSULT HISIHER TAX ADVISOR PRIOR TO MAKING APPLICATION FOR THE ACCELERATED BENEFIT. This Rider revises and becomes a part of the Contract or CertifICate to which it is attached. This Rider is subject to all of the provisions of the Contract. Tenns used herein shall have the meanings ascnbed to them in the Contract, unless otherwise defined herein. In the event any provision of this Rider and the Contract and/or Certificate conflict, the provisions of this Rider shall govern. This Rider takes effect on April 1, 1999. ~/J~ ~I~ President Secretary GPABR95 Page 2 of 3 TX e DISCLOSURE STATEMENT e DEA TH BENEFrrS WILL BE REDUCED IF AN ACCELERA TED BENERT IS PAlD Policyholder: Contract Number: Certlflcateholder: The undersigned hereby acknowledges receipt of the Accelerated Benefit payment in the amount of $ obtained under the terms and conditions of the Accelerated Benefit Rider which is a part of the above-captioned Group Term Life Insurance Contract issued by The Lafayette Life Insurance Company to the Policyholder. The undersigned also acknowledges the following: 1. Receipt of the Accelerated Benefit may be taxable. The undersigned has not received any tax advice from The Lafayette Life Insurance Company regarding the Accelerated Benefit and/or the receipt thereof and agrees and understands that he/she should consult his/her tax advisor for further information. The undersigned is solely responsible for any tax or taxes which may be due as a result of his/her receipt of the Accelerated Benefit; and 2. Receipt of the Accelerated Benefit may affect Medicaid and Supplemental Security Income (551) eligibility. Exercising the option to accept the Accelerated Benefit and receiving the benefit before application for these programs, or while receiving government benefits, may affect an individual's initial or continued eligibility for such programs. The undersigned has not received any advice from The Lafayette Life Insurance Company regarding the Acc elerated Benefit and/or the receipt thereof and understands that he/she should consult the Medicaid Unit of his/her local Department of Public Welfare and the Social Security Administration for more information. Amount of Life Insurance $ Benefit Available: 50% of Amount of Life Insurance, not to exceed $100,000 $ Amount of Life Insurance Remaining $ SignalLlre of Certificateholder Date Social Security Number SignalLlre of Wi1ness Date GPABR95 Page 3 of 3 TX e . THE LAFAYETTE LIFE INSURANCE COMPANY HOME OFRCE: 1905 Teal Road, P.O. Box 7007 Lafayette, Indiana 47903 AD&D ENDORSEMENT This Endorsement revises and becomes a part of the contract (the "Contractj or certificate to which it is attached. This Endorsement is subject to all of the provisions of the Contract. Terms used herein shall have the meanings ascribed to them in the Contract, unless otherwise defined herein. In the event any provision of this Endorsement and the Contract conflict, the provisions of this Endorsement shall govern. Please read this Endorsement carefully. Exclusions number 7 and 8, appearing in SECTION 7 - ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE, page 7 - AD&D, are deleted in their entirety. This Endorsement takes effect on the Contract Effective Date. ~/-J~ ~f~ President Secretary GPUFE95 . AD&D Page 1 of 1 THE LI YETTE LIFE INSURANCE" IIPANY ME OFFICE: 1905 Teal Road, P.O. Box~07 Lafayette, Indiana 47903 Telephone (800) 443-8793 Facsimile (765) 477-3369 APPLICATION FOR GROUP INSURANCE Application is mode to The Lafayette Life Insurance Company based on the following stolements. Note: Terms used in this application, including any supplements !o this application, which are defined in the Contract, sluzll have the meaning given to them in the Contract. GENERAL INFORMATION 1. Policyholder {} ,7- V 0 of J.... A 'Po r.. -I- e. ~,o 47 I - 5"D2. OWl) 471 - -, I &3 Current Leg,! Name + P I. Phone N~ j Fax No. Address 6 D4 Wo1 FA' 1- W\ () 111 ( A 1< KIV,4.v "A- r~ Te 7?( ,; 5" 7 / Street / City State Zip Code . . 2. Business Type: o Corporation o Sole Proprietor o Trustee o Partnership o Association o Union 3. Affiliates/Subsidiaries? DYes IlJ...HO If' ye~, give legal names and addresses. Use separate sheet if necessary. (For Union, Trust or Association policyholder, list all participating employers.) 4. Nature of business: {II' ~ 5. Employer's Federal Identificatillri Number: SIC Code ( II 6. Requested Effective Date 4- - / - 9 7 Does this contract replace an existil}8 policy? ~ 0 No If Yes, list name and termination date of prior carrier (! A./ A ~~ J,. ( . 1'7' cr (Coverage is not effective until Lafayette Life notifies the Policyholder of acceptance, and all of the terms and conditions on the following page are met.) PLAN INFORMATION . 2. 1. Eligibility: Employees in Active Employment working 0 30 hours 0 40 hours per week o Medical coverage enrollees onl~ 0 Other ,_ Employee Waiting Period: 0 None ~ ;'0 days 0 months r- Applies to: 0 Current employees 0 Future employees only ~ (~ Employee's coverage effective date will be: 0 Date of hire ~following waiting ~od . c.,..._ o Premium due date following waiting period ~.I C:) 4. Are any classes of employees to be excluded? ~ 0 No Explain PALf- h_e I (~/)Jl"'~, 5. Effective date of earnings changes: ~ applicable 0 Next premium due date :::-- -. .. , 'j (..':1 o Date of change 0 Next Contract anniversary date <..Q o None 0 Attained age ~ premium due date o Next Contract anniversary date 0 Other ~ =tr ~ ~.~ .''''~.i f';'q . 3. ~':".~..~ 2~-h~ f:.C ~ . 6. Effective date of Age Reductions: 7. Axe there any employees not presently working at their jobs on an active full-time basis? If yes, please provide appropriate explanation. ~ONO o Dependent Life 0 Weekly Disability Income o Supp. Life 0 Supp. AD&D 0 Supp. Dependent Life (Spouse & Children) o Other o Long Tenn Disability o Supp. Dependent Life (Spouse Only) GPAPP96 8196W e _ BASIC COVERAGES SUMMARY REQUEST 'I,..m, dl-e ~ I. Policyholder _ C,7;' 0 f f.A.Pot. fe.. QiO 471- SO"). 0 rm 4-7/- 7/6S Current Legal Name 'f /J Phone N01) I _ Fax No. b D4 "')e.s. 'FA/~"", o~ r l/J/2fw!J.Y ~16- (2)1l. 7e. 7l<: 7 ..., S 7 I Street -. . / City State Zip Code 3. Affiliates/Subsidiaries: Are all such enti~s lijsecf on the Policyholder's Application for Group Insurance eligible for all Basic Lines of Coverage described below? llJ-'fes 0 No If no, please explain 2. Address COVERAGE INFORMATION BENEFITS REOUESTED ~p Term Class Descri~tio~. _ A A' r:c. Life ~~~, ~ Amount 1.~j)~~~$AO 000 _ 41 ~. /J /J IJ~_~ or x Ann. Sal. 2. dLl~ j;Ap "77~.$ 7c; O~ or _ x Ann. Sa!. 3. $ or _ x Ann. SaI. $ 4. 5. or _ x Ann. Sa!. $ ~pAD&D ~our o Non-Dec. $~c) DCO / or _ x Ann. Sa!. $ Ie; DOC or _ x Ann. SaI. $ or _ x Ann. SaI. $ or _ x Ann. SaI. $ o Weekly Disability Income Benefit Amount $ or _ % Basic Wk.IY. Earning $ or _ % Basic Wkly. Earning $ or _ % Basic Wkly. Earning $ or _% Basic Wkly. Earning $ or _ x Ann. SaI. or _% Basic Wkly. Earning Is Retiree Life included? Yes No Gr"Current retirees ........................................... 0 er-- [}-1future retirees ............................................. 0 Q-- or _ x Ann. SaI. o Dependent Life Insurance (Amounts may be limited in some states) . Spouse ..... ............ ......................... ....... ................. $ Children: o Live birth to 6 months ............................. $ o 14 days to 6 months ................................ $ o 6 months to age 19* ................................ $ *To 0 Age 230 Other if full-time student and dependent upon Insured for support. Please show retirees as a separate class. in schedule of benefits. Employer Contribution Percentage: Life! AD&D /oOfo Dep. Life _ % Wkly. Ins._ % Total eligible EES .l~ z.. Total enrolled ~ l L. Life AD&D Weekly Income COVERAGE SPECIFICS 1. Salary Based:. Maximum Benefit $ Minimum Benefit $ Rounding: 0 Unrounded 0 Next higher 0 Nearest If rounded, round to: 0 $1,000 0 $500 (Maximum individual amounts subject to guaranteed issue l:-nit) 2. Life and AD&D reductions: ~ q N~ Oi. ADEA 65* 0 50% at age 70, terminate at [d'1)ther 4LJt. ~ ~~ St:J,rd",t. e...- retirement, maximum of $ (*ADEA 65: Age 64 amounts reduced by 35% @ age 65; 60% @ age 70; 70% @ age 75; 80% @ age 80; 85% @ age 85; 90% @ age 90; and 95% @ age 95, and will terminate at retirement.) 3. Group Term Life Ins~e Waiver of Premium (Applies to total disabilities occurring prior to age 60) o None ~Waiver to age 65 0 12 Months 0 Other ./ Waiver coverage terminates on Contract Tennination? 0 Yes ~ 4. Weekly Disability Income Benefit (non-occupational) Benefits begin: 0 1st day Injury, 8th day Sickness 0 Other _day Injury, _ day Sickness Options: 1st day hospital coverage? 0 Yes 0 No Maternity coverage included? 0 Yes 0 No Benefit duration: 0 13 weeks 0 26 weeks 0 52 weeks 0 Other The benefit amount will not exceed 70% of Basic Weekly Earnings. Basic Weekly Earnings 0 do 0 do not include bonuses, overtime pay, commissions or any form of extra compensation. GPADM96A $ $ o Other $ $ $ 8/96 w FROM THE waCH CO PHONE NO. 7134615788 Mar. 30 1999 11:57FV'\ P4 . . The Policyholder hereby applies for the group insurance coverages indicated, subject to thl: elections Doted abuve. Any supple- ment to Ibis Application &ball be cunsiden:d pan 01' this Applicatitln. The Pollcyhol~er, by signing this ~plication. undcrstmdK and agrees thal me mere completion of this Application" and ~y s~pplemcnts, does not bind th~ Company U) Issue a C?nlr'c\d and that n? msunmce coverages for any person are created by dus Appbc:anuD, or any supplements. No losurancc shall be clTccnve unless and until a Contract is issued by the Company. the premium for all coverage.'1 bas been paid in full and received by the Company, aud all tenDS and conditions for such coverages, as specified in the Contrac:t. have been met. The Policyholder is fuJ1y aware of the d~ of Cl1lccling I1IY cxisling insunmce coverage before a Con1l'3Ct bas been approved and issued by the Company. Tbe Policyholder undetsWJds and agrees that: (1) No insurance is extended to any pcrsoI1 eJtcept in accordance with the saict tams of any ContraCt issued pursuant to this Application, and any supplementS; (2) No statement made m the course of the negotiadODS for rbc ContraCt sball form a part of ImY Contract issued by the Company unless actually mcludcd, in writing, in the Contract; (3) 1he accepWlCC by tb Company of any premium and/or the iS$WUlCe by the Company of any Certificate $hall in no case be deemed to be a waiver of my condition. limitation or exclusion in effect under the Contract and shall not cte1te or otherwise e~d coverage for any person who is not otbe!wise eligible for such coverage under the Contract; and (4) any Employee not in Active Employment, orin a class otherwise eligible to apply for insurance cO"erage on the ContraCt Effective Date of any Contract to be ill.'1ued by the Company, wn.L NOT be eligible to apply for any insurance issued by tbe Company unless and until such Bmployee becomes a member of a class eligible to apply for insurance coverage. The Policyholder repre.'ICJlts that its answers on this Application, and any supplements, are true. accurate and complete. md the Policy- holder understands and agrees that this Application, and any supplements, shall be made part of any Contract which may be issU'ed by the Company. The Policyholder aclcnowledge.'1 that it bas read and fully reviewed, before signing, this Application and all supplements hereto. The Policyholder agrees. if any premiums for the Contract are contributory, that it will, if a Conlnl.Ct is issued pursuant to this Application. and any supplement OJ, make the appropriate deductions from each Certificate holeler's paychec:k and remit sucl1 premiums to the Company widJin the period specified in the ConU"aCl. Except when: otherwise specified by law, the Policyholder shall. for aU purposes. be deemed to be the agent of it.OJ Employees and all Insureds under any Contract issued by the Company and ~hall not be deemed to be an agent for the Company. The pen;on whose name appears below certifies that he or she is fully authorized by the Policyholder to execute this Application, and any lIupplement!;, on Ibe PolicyhoJder's behalf. Date ilik< 31) l~q ~ Nns 0 . urIIorizcd I n:pn:sI:I1Idive Y.LOLll~ k:. S~ ~ed name DDd Iirle L"" UI ft(:;c.rart-O F JdM/j.) ISrull tic:. ~ vC Agem" &au:tn.,u. 1..""'" ..._....u ad"! appUUlll'u.. '''I'luuw>> "')' ;....'" ..V" ""'III ill fMlV\'l n Y.r. 0 No I have fully c,"tp1ained to the Policyholder rhat auy Employee not in Active Employment or in a class otherwise eligible to appJy for .Insurance coverage OD the ConU'act Bffective Date of any Conln\Ct to be issued by the Company wiD DOt be ellsible tx:l apply for any insurance issued by the Company uule.u and until such .Employee becomes a member of a class eligible to apply for iDsurance coverage. I have also fully explained to the Policyholder that this Application. and any supplements, creates no iDsarance and does not bind the Company to issue a ContraCt or otherwise extend any insurmce. I have informed the Policyholder that it should not c:anceJ any c:um:Dt iIIsuranCC coverage before a Conuact has been approved and issued by the Company. 1 hereby certify tbat either the Policyholder fully completed this Application, and any supplemCJ1I.S, Oil its own, or that I have truly and :--;~;~~;;-~~~~. . \Un: of licensed agenl ~,a-l f,J. we /u- -Ji. SIBle af liccaSe aDd lil:el1sl: numbet of aa=t (POS7~t.fJ- PrInted IIllII10 oflic:cnsed apnI 8196 W GPAPP96 ~ 2--t' . . Benefit Specifications Benefits for Insured Persons Life and Accidental Death & Dismemberment Insurance Class Amount of Ufe Insurance Principal Sum - Accidental Death and Dismembennent Basic I II 520,000.00 510,000.00 520,000.00 _ 510,000.00 The amount of Life Insurance and the amount of Principal Sum on an Insured Person age 65 or over, or attaining age 55 after becoming insured shall be reduced by 35% of the amount for which he would otherwise be eligible. Upon attaining age 70, the amount is reduced an additional 25% of the amount for which such Insured Person was eligible prior to age 65. Upon attaining age 75. the amount is reduced an additional 20% of the amount for which such Insured Person was eligible prior to age 65. The amount of Life Insurance in force will be reduced by the amount of any Accelerated Benefit Payment. RC8S2SA C-48167-4 ..... - ....... . eo. . _.... .......__..___ oC La Porte UCe Insurance J Cl Response to RFP - Revised 3/25/99 - e il.tllfit~-rJ~' ..~y~ .~~;t:~jW;.t:~1' '<~(t9i~1I '~~~~~"ett.'~~1!l;"'" 'fu',\!';lI,IO-;",.: ::~<lb.'<:"tFr,;r~:':.. ~"'" 'C"".'~i"'~t~.",";. """~ '. .."" ': "~fI f:i. .~"<~'::'<i-~;t;;:1J. :f... ._.~""?"_.~,~" 'f ?~~. ,. .~~fi1'""'~ ~..~\..~-4l?"!i!i'.~::?:~. .i.l:.>~'~' ;,. _-, lI' -~WI1-f&;~.'~r :~~ .: .~.,....,,~. .r"~""""" . ~ i&.' . ..Ct. ". ~~f.l:. '. r.. !e . ...i!,'S 7:'.:.. ':''A,,_' ~SBfmNi~1!'x!i~.!r$."~Ume.rrc;~; .~~.,J"'.<J ~. f' " . ~"'~(JNU ~~.";~ . ".. _.~ .. .... '0 ~ .' Current Renewal Class I Salaried $20,000 $20,000 $20,000 $20,000 $20,000 Class II Hourlv $10,000 $10,000 $10,000 $10,000 $10,000 Volume of Coveraae Life Rate oar $1000 0.24 0.25 0.21 0.20 .0.20 Ad&d Rate oar $1000 0.03 0.03 0.03 0.03 0.06 . Annual Life Premium 13,651 14,220 11,945 11,376 11,376 Annual Ad&d Premium 1,706 1,706 1,706 1,706 . 3,413 Total Premium 15,357 15,926 13,651 13,082 14,789 Aae Reduction 35% ( 65 35% 65 35%@ 65 35%( 65 35% ( 65 25%( 70 25% 70 To: 42% tm70 60% ( 70 49% ( 70 20% ( 75 20% 75 27% G 75 70% ( 75 39% 75 18% G \ 80 80% ( 80 12% G \ 85 85% ( 85 90% 90 95% 95 Accelerated Death Benefits yes ves ves yes ves Waiver of Premium yes ves ves ves ves, no retirees Rate Guarantee 12 mas 12 mos 12 mos 36 mos 24 mos AM Best Rating A A A A A++ The Welch Com 122 230 $4,740,000 Based j)1J.i Class I Employees Class II Employees Volume Cl' of La Porte Response to RFP - Stop-Loss Insurance HeY/sed 3/25/99 .' e ... $75,000 15/12 $98,861 $1,000,000 - 15/12 $182.11 $478.68 $1,000,000 $3.67 $15,502 $114,363 $1,523,707 . ~ The Welch Com $75,000 Paid/12 $10.71 $29.69 $93,523 $1,000,000 Paidl12 $383.69 $2,000,000 $3.27 $13,812 $107,335 $1,620,706 - 140 212 352 $12.01 $30.93 $75,000 Paid/12 $100,050 $1,000,000 $11.46 $31.76 An Coverage Basis Employee Only Premium (140) Employee Family Premium (212) Annual Premium Cove,rage Amount rea ate S -loss Paid/12 $2,000,000 $3.93 $16,600 $116,650 $1,539,648 $364.50 ag ggregate Factor Com posit Employee Only Employee & Family Coverage Amount Aggregate Premium Rate (352) Annual Premium Total Specific & Aggregate Premium Annual Attachment Point Employees/Retirees - Single Dependent Units Total Based on: e e REOUEST IR CITY COUNCll.. AGENDA ITE~ Report _ Department: Administration Agenda Date Requested: A Requested By: John Joems xxx Ordinance Exhibits: SUMMARY & RECOMMENDATION At the February 1"t Council Workshop staff discussed several water and sewer service requests from owners/developers of property outside the city limits but within the extraterritorial jurisdiction (ET J). These requests, for various reasons, did not fit Council's established policy for water service outside the city limits. ' At the workshop, Council provided general direction and asked that staff return with proposed amendments to the existing policy for providing utilities outside the city limits. Attached are three draft documents that staff believes are responsive to direction received by Council 1. Policy Document titled: Requests for Potable Water Service and lor Sanitary Sewer Service Outside the City of La Porte For Companies With an Industrial District Agreement 2. Water Service Agreement 3. Sanitary Sewer Service Agreement (this is a new document) 1....'..1.~. . . ". ':1"" To assist Council in reviewing the documents we have A'flJS! new language and IiRed-thN deleted language except for the sanitary sewer service agreement, which is a new document. The Sanitary Sewer Service Agreement is a new document. Its construction is essentially the same as the water service agreement except that it deals with furnishing of sanitary sewer. Some of the issues discussed at the February lit Council workshop are addressed as follows. . Administrative/Connection Fee (for both water and sewer) . The existing policy establishes a fee of $100 per employee with a minimum of $5,000 and maximum of $15,000. Between the minimum and maximum, the 50 gal/employee/day results in a administrative/connection fee of $2.00/gal. . This same $2.00/gal and same minimum and maximum fee was established for companies that requested service greater than 50 gal/employee/day. . Maximum Water and Sewer demand to be considered by this policy. . 30,000 gallons/day . Terms of Agreement . The current and proposed policy calls for a term of 5 years together with any renewals or extensions. It further states that the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement. Therefore, we will be in a position to negotiate both the IDA and the term of the utility service agreement. Note: Staff would like to promote a situation where theltility service agreements coincide with I I.D.A.'s or have some common expiration date. It would be our plan to negotiate this when the I.D.A. 's are renewed (2000). . Beautification, setbacks, land uses etc. · Several issues related to land use and improved visual image along major roadways into the City were discussed at the February lit workshop. These were addressed in the following matter. · A section on additional regulations and restrictions was added to the policies and to the utility service agreements in a proposed Exhibit A. · This Exhibit A is where Council would consider and approve on a case by case basis any special regulations or restrictions referred to in the policy statement (such as setbacks, landscaping, berms, beautification, etc.) · Exhibit A also requires new developments to provide a stormwater plan approved by Harris County Flood Control District and City. It further provides (or continued maintenance. ' Action Required by Council: Consider approval of proposed policy for "Requests for Potable Water Service and lor Sanitary Sewer Service Outside the City of La Porte For Companies With an Industrial District Agreement" and approve general form of Water and Sewer Service Agreements, or give further direction to staff. Availability of Funds: General Fund WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: YES NO .. . e April 7, 1999 Page 1 of5 REQUESTS FOR POTABLE WATER SERVICE AND/OR SANITARY SEWER SERVICE OUTSIDE .THE CITY OF LA PORTE FOR COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT I. General: Requests for water and sewer service outside the city limits of La Porte and within our extraterritorial jurisdiction (ET J) shall: · be initiated by formal application supplying the information on the attached. · be considered and approved by City Council on a case by case basis. · require the owner of the property to execute an Industrial District Agreement with the City. · require the owner to execute a Water and/or Sewer Service Agreement with the City. Additionally, depending on circumstances, the applicant may be required to execute a Utility Extension Agreement with the City. 1. Requests for water and/or sewer service will fall into one of two categories. · Sanitary and/or domestic needs where the estimated and contracted demand is equal to or less than the number of employees at that site times 50 gal/person/day. · Water and/or Sanitary Sewer demand is greater than the 50 gal/person/day, but less than a total demand of 30,000 gal/day. 2. Miscellaneous Requirements and Restrictions: · The City Council may also require additional requirements and restrictions as they see fit. These additional restrictions will be listed in an Exhibit "A" to the Water Sewer Service Agreement. · Specifically, in certain cases to promote various objectives, features or policies of the City the Council may require: ". . e April 7, 1999 Page 2 of 5 · information on the proposed usage of the property. · certain setbacks, lot coverage, landscaping, berms, etc. for protection of adjacent property and visual enhancements along public roadways. · additional development requirements might include pedestrian sidewalks, decorative fencing and screening. · installation of fire hydrants to improve the firefighting capabilities of an area. · for new development, the projects stormwater management plan shall be coordinated with and approved by the City and Harris County Flood Control District. 3. For proposed developments that will be subdivided into multiple lots and end users. · The applicant will be asked to provide as much information as possible to assist in the implementation of these policies including but not limited to surveys, proposed lot layout, driveways, streets, etc. Total projected water and sewer demands of the entire development. · However, each individual end user will be required to execute separate Industrial District Agreements, Water and/or Sewer Service Agreements and when necessary, a Utility Extension Agreement. II. The proposed user shall supply the following information in writing: 1. Statement of utility demands including as a minimum: · Average day demand for potable water · Peak day demand for potable water · Minimum working pressure requirements · Processes water will be used for (if applicable) · Average day demand for sanitary sewer · Peak day demand for sanitary sewer · Processes contributing to sanitary sewer (if applicable) · Number of regular and contract employees which shall be reviewed and approved by the City. 'i . e April 7, 1999 Page 30f5 2. Certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. In addition, the City may require the site plan to demonstrate that certain miscellaneous requirements and restrictions discussed in Section I paragraph 2 will be met. 3. The project's stormwater management plan shall be coordinated with the City and Harris County Flood Control District. The City and HCFCD may require the combining of some stormwater systems to achieve a higher overall effectiveness. III. The City will det~rmine availability of adequate utilities based on the number of employees (regular and contract) onsite times an average day demand of 50 gallons per day per employee, and/or the stated quantity of water and/or sanitary sewer for processes. Total combined water demand shall not exceed 30,000 gallons per day, total combined sanitary sewer demand shall not exceed 30,000 gallons per day If adequate utilities are available, the provisions outlined in Section'" shall apply. If adequate utilities are not available, potable water service shall not be recommended unless special provisions are made and approved for a utility extension of proper size to meet the present and the projected demands for municipal water service in the area. All proposed extensions shall meet the City's policy for a Utility Extension Agreement, which requires: · The Company to secure all necessary easements, rights-of-way, permits, etc., at no cost to the City. · The dedication of utility line to the City as well as other provisions. IV. Requests for potable water service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. · City determines locations, line sizes and approves plans. · No outlay of City funds, other than administration of contracts and policies. · Lines to be installed in easements if installed in rights-of-way, Industry would be responsible for future relocation expenses. e e April 7, 1999 Page 4 of 5 2. Requires that City water be used for human consumption, washing, etc., and/or limited process water with specific approval of City Council. 3. Where required by the City (mandatory for all process type plants) a reduced pressure zone backflow preventor must be installed to protect the City from any possible cross connections. 4. When required by the City, a meter bypass will be installed. 5. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishings of potable water to the user. 6. The proposed user of potable water shall pay a one-time connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total water demand is greater than the average day demand of 50/gal/employee/day, the one time connection fee shall be $2.00/gal times the total potable water demand approved with a minimum of $5,000 and a maximum of $15,000. 7. The user shall pay 150% of the water rates in effect for users within the corporate limits of the City. For water usage in excess of the average day demand, the user shall pay 200% of the water rates in effect for users within the corporate limits of the City. 8. The user shall enter into a contract with the City outlining the provisions for potable water service outside the corporate limits of the City. 9. Exceptions: · Prior contracts or commitments made by the City. · City Council has right to review, modify or enter into other agreements, as it deems necessary. V. Requests for sanitary sewer service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. · City determines locations, line sizes and approves plans. '.. '.... e e April 7, 1999 Page 5 of 5 · No outlay of City funds, other than administration of contracts and policies. · Lines to be installed in easements or if installed in rights-of-way, Industry would be responsible for future relocation expenses. 2. Requires that sanitary sewer be generated by typical human sanitary uses, washing, etc., and/or limited processes with specific approval of City Council. 3. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to the user. 4. The proposed user of sanitary sewer shall pay a one-time connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total sanitary sewer demand is greater than the average day demand of 50/gal/employee/day, the one time connection fee shall be $2.00/gal times the total sanitary sewer demand approved with a minimum of $5,000 and a maximum of $15,000. 5. The user shall pay 150% of the sanitary sewer rates in effect for users within the corporate limits of the City. For sanitary sewer demand in excess of the average day demand, the user shall pay 200% of the sanitary sewer rates in effect for users within the corporate limits of the City. 6. The user shall enter into a contract with the City outlining the provisions for sanitary sewer service outside the corporate limits of the City. 7. Exceptions: . Prior contracts or commitments made by the City of La Porte. . City Council has right to review, modify or enter into other agreements, as it deems necessary. . -':"~ e e STATE OF TEXAS ~ COUNTY OF HARRIS ~ SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and , a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Battleground Industrial District or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. n. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses, and/or for use for limited industrial processes as hereinafter stated. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to- wit: III. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Z> e e Upon review of these representations, the City has determined the following. Number of Employees on-site Number of Contract Employees Total on-site Employees Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) Sanitary Sewer Approved for Industrial Processes (gpd) Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) N. CITY has determined that adequate facilities are available to CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ (B). Sanitary Sewer generated from Industrial Processes shall be limited to the following processes: (C). COMPANY shall fIle an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (D). Where applicable, COMPANY shall also pay to CITY $ reimbursement for installation of utility mains funded by other parties. as a pro-rata (E). The average daily demand is established at <-J gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus the amount approved for industrial processes. (F). The average monthly demand of ( ) gallons is established by multiplying the ,;,... e e average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G). The cost of sanitary sewer service up to the average monthly demand of L) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200 %) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of L) gallons. Repeat~ sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (J). For purposes of billing and compliance with other provisions of this agreement, COMPANY agrees to install a meter to measure the sanitary sewer flow from COMPANY'S facilities. COMPANY shall be billed for 100% of the measured flow. CITY shall approve the location and type of meter. COMPANY agrees that annually or at CITY'S discretion, the meter shall be calibrated and the results furnished to the CITY. All testing shall be at COMPANY'S expense. (K). COMPANY agrees to construct enough sanitary sewer storage on-site to accommodate no less than four times the average daily demand of sanitary sewer generated from its operations, for a period of thirty-six hours. COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (L). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (M). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, e e Article n of the Code of Ordinances) and any subsequent amendments or revisions. (N). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (0). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (P). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (Q). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) . COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of meter, if required; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY . COMPANY shall own and maintain all service lines and plumbing facilities including the meter. VI. CITY will have ownership and maintenance responsibility for its sanitary sewer mains, and .- e e service lines up to COMPANY'S meter. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. Vill. CITY reserves the right to tenninate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in tennination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of tennination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to tenninate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of tennination. .0 ~ e ENTERED INTO effective the CITY OF LA PORTE ArrEST: Martha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 e day of ,1999. Company By: Name: Title: Address: CITY OF LA PORTE By: Norman L. Malone Mayor By: Robert T. Herrera City Manager City of La Porte PO Box 1115 La Porte, TX 77572-1115 Z" e e This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated ,- Initial: CITY COMPANY ADDITIONAL REOUlREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Miscellaneous: e e STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and , a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Battleground Industrial District or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e Upon review of these representations, the City has determined the following: Number of Company Employees on site Number of Contract Employees on site Total on-site Employees Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) Potable Water Approved for Industrial Processes (gpd) Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ (B) Potable water used for Industrial Processes shall be limited to the following processes: (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ for installation of utility mains funded by other parties. as a pro-rata reimbursement (E) The total amount of potable water approved (average daily demand) is established at _<--J gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial processes. e e (F) The average monthly demand of ( ) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of U gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of C-> gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. e e (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. v. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, pennit, or permission to install the water main is revoked, or relocation or adjustment is required, . e e CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the tenns and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The tenn of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. . '.~ ENTERED INTO effective the CITY OF LA PORTE A TrEST: . Martha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 day of By: . ,1999. Company Name: Title: Address: CITY OF LA PORTE By: Norman L. Malone Mayor By: Robert T. Herrera City Manager City of La Porte PO Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 . .. . . This is EXlDBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated ,- Initial: CITY COMPANY ADDITIONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Miscellaneous: