HomeMy WebLinkAbout2002-10-28 Regular Meeting and Workshop Meeting
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MINUTES OF THE REGULAR MEETING
AND WORKSHOP OF LA PORTE CITY COUNCIL
OCTOBER 28, 2002
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 Mike Mosteit, Chuck Engelken,
Howard Ebow, Peter Griffiths, Bruce Meismer, James Warren, Charlie Young, Barry
Beasley and Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney
John Armstrong, Acting City Manager John Joems, City Secretary Martha Gillett, ,
Assistant Police Chief Aaron Corrales, Director of Finance Cynthia Alexander, Director
of Planning Doug Kneupper, Human Resources Specialist Kendra Williams, Human
Resources Office Assistant Cindy Gates, Director of Administrative Services Carol
Buttler, Public Works Director Steve Gillett, Purchasing Manager Susan Kelley,
Emergency Services Director Joe Sease, Human Resources Lorie Doughty, Assistant City
Secretary Sharon Harris, MIS Manager Larry Mabe, Director of Parks and Recreation
Stephen Barr, Police Chief Richard Reff, Administrative Assistant to the City Manager
Crystal Scott
Others Present: Penny Garcia, Rudy Garcia, Louis Rigby, Dottie Kaminski, Spero
Pomonis, Sue Gale Mock Kooken, Dave Turnquist, Colleen Hicks, Barbara Norwine,
Jonathan Gonzalez, Dave Klingman, Mike Prasek, Mary McLain, Valerie Owens,
Laquisha Jackson, Kendra Williams, Lorie Doughty, Susan Smith, Amy Brown, Brittany
Barter, Jessica Salinas, Ashley Thurman and a number of citizens,
2. Mayor Norman Malone delivered the invocation,
3. Mayor Norman Malone led the Pledge of Allegiance.
4. Council considered approving the minutes of the Regular Meeting of La Porte City
Council on October 14,2002,
Motion was made bv CouncilDerson Warren to approve the minutes of the Relrular
Meetimz on October 14. 2002. Second by Councilperson Griffiths, The motion carried,
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
City Council Minutes 1'02 - Page 2
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5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP A YTERS WISHING TO ADDRESS CITY COUNCIL
Penny Garcia of 3110 Oaken Lane of La Porte, requested a low frequency prohibition be
added to the noise ordinance for the neighbors within hearing distance of Fairmont Park
Baptist Church.
Barbara Norwine of 202 South Lobit, La Porte, spoke regarding a Thanksgiving Dinner
at Fairmont Park Baptist Church and the City's cable access channel.
Louis Rigby of 3115 Woodland Court, La Porte, voiced his concern fiduciary
responsibility regarding the City Manager's resignation.
David Klingman of 3810 Pecan Circle, La Porte, voiced his concerns regarding no traffic
signal at Driftwood and Fairmont Parkway.
6. Council to consider approval or other action regarding a resolution approving the
submittal of an application to the Texas Department of Transportation safe routes to
school program for a project nomination provided by transportation code ~201.614,
enacted by Texas legislature.
Director of Parks Stephen Barr presented summary and recommendation of a resolution
and answered Council's questions.
Assistant City Attorney read: RESOLUTION 2002-37 - A RESOLUTION OF THE
CITY OF LA PORTE APPROVING THE SUBMITTAL OF AN APPLICATION TO
THE TEXAS DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL
PROGRAM FOR A PROJECT NOMINATION PROVIDED BY TRANSPORTATION
CODE ~201.614, ENACTED BY THE TEXAS LEGISLATURE.
Motion was made bv Councilperson Ebow to approve Resolution 2002-37 as presented
bv Mr. Barr. Second by Councilperson Meismer, The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
Councilperson Mike Mosteit noted for record that the Lomax area is not being slighted,
they have full busing privileges.
7. Council considered approval or action of an ordinance approving an agreement between
the City of La Porte and Harris County, regarding Community Development Block Grant
funding of play equipment for Little Cedar Bayou Park.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
of an ordinance and answered Council's questions.
City CouneD MInutes 1'02 - Page 3
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Assistant City Attorney read: ORDINANCE 2002-2588 - AN ORDINANCE
AUTHORIZING AND APPPROVING AN AGREEMENT BETWEEN THE CITY OF
LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING OF PLAY EQUIPMENT FOR LITTLE
CEDAR BAYOU PARK; MAKING VARIOUS FINDINGS AND PROVIDSIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made bv Councilperson Griffiths to approve Ordinance 2002-2588 as
presented bv Mr, Barr. Second by Councilperson Warren. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
8. Council considered approval or other action regarding an ordinance approving an
agreement between the City of La Porte and Harris County regarding Sylvan Beach
shoreline erosion remediation,
Director of Parks and Recreation Stephen Barr presented summary and recommendation
of an ordinance and answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2589 - AN ORDINANCE
AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF
LA PORTE AND HARRIS COUNTY, REGARDING SYLVAN BEACH SHORELINE
EROSION REMEDIATION; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING FOR AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Youne: to approve Ordinance 2002-2589 as
presented by Mr, Barr. Second by Councilperson Beasley, The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
9. Council considered approval or other action regarding an ordinance approving and
authorizing an interlocal agreement between the City of La Porte and Harris County, for
left turn lanes and traffic signal modifications at Fairmont Parkway and Brookwood,
Fairmont Parkway and Farrington Boulevard, and Fairmont Parkway and Farrington
Boulevard, and Fairmont Parkway and Wilmont Drive, appropriating not to exceed
$200,500,00.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Council Minute. lL2 - Page 4
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Assistant City Attorney read: ORDINANCE 2002-2590 - AN ORDINANCE
APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, FOR LEFT TURN LANES AND
TRAFFIC SIGNAL MODIFICATIONS AT F AlRMONT P ARKW A Y AND
BROOKWOOD, FAIRMONT PARKWAY AND FARRINGTON BOULEVARD, AND
F AIRMONT P ARKW A Y AND WILMONT DRIVE; APPROPRIATING NOT TO
EXCEED $200,500.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Beasley to approve Ordinance 2002-2590 as
presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried,
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
10, Council considered approval or other action regarding an ordinance authorizing that
certain lease and rental assignment and security agreement by and among Tri-Star
Aviation, Inc., First Choice Bank, South Houston, Texas, and the City of La Porte.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2002-2591 - AN ORDINANCE
APPROVING AND AUTHORIZING THAT CERTAIN LEASE AND RENTAL
ASSIGNMENT AND SECURITY AGREEMENT, BY AND AMONG TRI-STAR
AVIATION, INC., 1ST CHOICE BANK, SOUTH HOUSTON, TEXAS, AND THE
CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Counciloerson Meismer to aoorove Ordinance 2002-2592 as
oresented bv Mr. Gillett. Second by Councilperson Ebow, The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
11. Council considered approval or other action regarding an ordinance authorizing an
agreement between the City of La Porte and Robert T, Herrera; making various findings
and provisions relating to the subject; finding compliance with the Open Meeting Law;
and providing an effective date hereof.
Assistant City Attorney John Armstrong presented summary and recommendation and
answered Council's questions.
City CouneD Minutes 1'02 - Page 5
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Assistant City Attorney read: ORDINANCE 2002-2592 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
LA PORTE AND ROBERT T. HERRERA; MAKlNG VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve Ordinance 2002-2592 as
presented by Mr. Armstrong. Second by Councilperson Ebow, The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone
Nays: None
Abstain: None
12. Council considered approval or other action regarding an ordinance authorizing an
agreement between the City of La Porte and the La Porte-Bayshore Chamber of
Commerce.
Acting City Manager John Joerns presented summary and recommendation and answered
Council's questions,
Assistant City Attorney read: ORDINANCE 2002-2593 - AN ORDINANACE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
LA PORTE AND THE LA PORTE-BA YSHORE CHAMBER OF COMMERCE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTNE DATE HEREOF,
Motion was made by Councilperson Beasley to approve Ordinance 2002-2593 as
presented by Mr. Joerns, Second by Councilperson Meismer. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
13. Consent Agenda
Council considered a consent agenda as follows:
a. Consider approval to award bid for the replacement of heavy trucks as recommended
by Staff,
Director of Public Works Steve Gillett presented summary and recommendation and
an.swered Council's questions.
Motion was made by Councilperson Griffiths to approve the bid as presented by Mr.
Gillett, Second by Councilperson Young. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
City C.DDcil MiDules 11.02 - Page 6
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b. Consider approval to award bid for Sections 1 and 2 to Carr's City Tire and Section 3
to A to Z Tire Company, low bidders meeting specifications in each section as
recommended by staff.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilperson Griffiths to approve the bid as presented by Mr.
Gillett, Second by Councilperson Young. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
c. Consider approval to award bid to The Groce Company, overall low bidder meeting
specifications, as recommended by staff..
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilperson Griffiths to approve the bid as presented bv Mr.
Gillett, Second by Councilperson Young. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
d. Consider approval to award RFP#0099 for Microcomputer Systems & Components -
rebid in the amount of $58,722.
Purchasing Manager Susan Kelley and MIS Manager Larry Mabe presented
summary and recommendation and answered Council's questions.
Motion was made by Councilperson Griffiths to approve the award as presented by
Ms, Kelley and Mr. Mabe, Second by Councilperson Young. The motion carried,
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
e. Consider approval to award bid for RFP #0 1 00 for Itron Hand-held Computers in the
amount of $26,760 to include computer units, implementation and training, MVRS
software and one (1) year of maintenance and support.
Purchasing Manager Susan Kelley and MIS Manager Larry Mabe presented
summary and recommendation and answered Council's questions.
City Council Minutes 10102 - Page 7
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Motion was made by Councilperson Griffiths to approve the award as presented bv
Ms. Kelley and Mr. Mabe. Second by Councilperson Young, The motion carried,
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
f. Consider approval to award bid #0868 for gasoline and diesel fuels in the amount of
$258,173.20,
Purchasing Manager Susan Kel1ey and Director of Public Works Steve Gillett
presented summary and recommendation and answered Council's questions.
Motion was made by Councilperson Griffiths to approve the award as presented bv
Mrs. Kellev and Mr Gillett. Second by Councilperson Young. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and
Malone
Nays: None
Abstain: None
14. Workshop was cal1ed to order by Mayor Malone at 6:38 p,m,
Director of Administrative Services Carol Buttler provided direction to staff on how to
proceed with an ordinance adopting Chapter 172 to be effective January 1,2003,
This item was discussed regarding the pros and cons, and legal aspects; this will be
brought back to Council.
15. Closed Workshop and reconvened Regular Meeting at 6:58 p,m.
16, Consider approval to adopt an ordinance authorizing redesign of the medical plan
(Exhibit A),
Director of Administrative Services Carol Buttler presented summary and
recommendation and answered Council's questions,
Assistant City Attorney read: ORDINANCE 2002-2595 - AN ORDINANCE
AUTHORIZING AND APPROVING A CONTRACT AMENDING THE MEDICAL
PLAN DESIGN, PROVIDED BY THE CITY OF LA PORTE AND ADMINISTERED
BY THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE
BENEFITS POOL (TML-IEBP), TO BE EFFECTNE JANUARY 1,2003;
AUTHORIZING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECf; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTNE DATE HEREOF.
City Council Minotes 10102 - Page 8
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Motion was made by Councilperson Beaslev to approve the ordinance as presented by
Mrs, Buttler. Second by Councilperson Engelken. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
17. Administrative Reports
Acting City Manager reminded Council of the Volunteer Banquet on November 7,2002
at Sylvan Beach Pavilion; Salute to Industry Banquet on November 14,2002 at Sylvan
Beach Pavilion and Public Works' receipt of the TML Excellence Award.
18. Council Comments
CounciImembers Mosteit, Engelken, Griffiths, Beasley, Warren, Young, Meismer and
Mayor had comments.
19. Council retired into Executive Session at 7:24 p,m.
551.074 - Personnel Matter - Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee: Discuss the
appointment of a City Manager.
Council reconvened the Council Meeting at 8:15 p.m.
20. There was no action taken during Executive Session,
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting and
Workshop Meeting was duly adjourned at 8:16 p.m,
Respectfully submitted,
~~(1Jffif
City Secretary
Passed and approved on this 11th day of November 2002,
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TO: La Porte Mayor Norman Ma_, Interim City Manager John Joernes,
Doug Kneupper, and City Councilpersons
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FROM: Rudy & Penny Garcia, 3110 Oaken Lane, La Porte TX 77571-4224 ~ {I /
SUBJECT: Fairmont Park Baptist Church (FPBC): COMMON LAW NUISANCES: '
*CONCERT BASS NOISESMBRATIONS (low frequency nuisance)
*Standing water & pools from lack of drainage since reported August 1999
*NOT mowed dirt mounds; trash on property and mounds; access to mounds
*Zoning violations since January 2001
DATE: October 28, 2002
Please take immediate action on the following:
1. Revise La Porte NOISE ORDINANCE to include prohibiting the sounds of the concert noise that
invades neighbors' homes. -- --- - ---
SlU!2estion: Noise that can be heard beyond SO ft. from the buildill2 and/or source. such as
amDlifiers from a car. is Drohibited. (See Pasadena noise ordinance.)
NOTE: Four homeowners called LPPD the night of FPBC's most recent concert on October 11. Ed
MatllSZllk, V'lCky Porter, Joeena Davis, and Penny Garcia, unaware of each other's call, logged a
complaint of the lI1UUJying concert boss we heard insitk our homes.
2. Do not aDow Fairmont Park Baptist Church to deprive their neighbors of their privacy and
enjoyment to their homes.
3. Proted the homeowners.
4. Consider that the neighbors have been living in their homes much longer than when the church
began these concerts. Give the homeowners their rights.
5. Do !!!!! make the neighbors wait any more months. These requests have been made since May 2001,
and FPDC has made living conditions in our home worse, not better.
6. Quit giving the church so much latitude and so many extra, extra chances and opportunities to clean
up their ad.
7. Prevent the children from using the mounds for bicycling in the future.
Your job is to protect the homeowners. On August 18, 2001, I gave the Council a list 0
that were ignored then. Please do not continue to ignore them. TAKE AcrION NOW.
a. (Section 1~6-~J7pfzoningordinance: That the specific use [of permit] will be compatible with and not
lnlurrous 0 t e use and eniovment 0/ other property, nor significantlv diminish or imDair propertv values
in the immediate vicinitv. VIOLATIONS:
1, Concert and ramp noises are injurious to the enjoyment of our homes.
2. Garcias' property value diminished $23,500 in May 2002 from the appraisal district. / l _
3. Standiri. water behind Garcia fence injurious to uselenjoyment of our property. ...--- ~~
b. (Section 106-217 (the zoning ordinance: That the applicant [FPBC] has agreed to meet any additional ~
conditions imposed, ... and necessary to Drotect the public interest and welfare of the communitv,
VIOLATIONS:
1. The church's noises (concert & skateboarding) do not protect the neighbors' welfare.
2. The standing pools of water do!!!!! protect the neighbors' welfare, Le. health.
c. (Chapter 91>fComprehensive Plan,. The attractive appearance and environmental Quolitv of existing
residential neif!hborhoods should be protected to maintain the value o/properties and enhance the quality
o/life.
VIOLATIONS:
1. The despicable church property appearance, Le. un mowed and trashy mounds as well as the ugly
new ditch behind our fence. We request trees be required between our fence and their ditch.
2. Th i pools of water are not environmentallY safe. Le. ideal mosquito breeding grounds.
d. Section 106-334 '(the Code o/Ordinances: Landscape buffers-Buffers are necessary to preserve the
va ue oft e omes. reduce adverse effects 0/ traffic, lighting, noise. dust and odor, and to protect the
homeowner's privacy by requiring spacing and screening between uses of different types or intensiJies.
1. The value of the Garcias' home has!!!!! been preserved (already reduced $23,500 May 2002).
2. There are no landscape buffers to proted the Oaken,Lane homeowners from the church's
concert noise or skateboarding.
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Requested By:
Aoorooriation
Agenda Date Requested: October 28 200'
Stephen Barr
N/A
Department:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted: -0-
Exhibits:
Rp.~nh Itinn
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
SUMMARY & RECOMMENDATION
The Texas Department of Transportation has initiated a new construction program, called Safe
Routes to School, to improve the bicycle and pedestrian safety of school age children in Texas. The
applicant must be a political subdivision of the State of Texas, The City, in conjunction with the La ~
Porte Independent School District and the City of Shoreacres, is proposing a ~separated
pedestrian/bicycle path from Fairmont Parkway southward to the dead end of Spur 501, a distance of
approximately 1.5 miles. If approved, the path will provide safe access to students from their homes
to Bayshore Elementary, La Porte Elementary, La Porte Junior High, and La Porte Senior High
School. The City will assist in administrative oversight for the project through force account efforts. If
approved, major funding for the project will be provided by TxDOT, with L.P.I.S.D, providing paving of
the path from Spur 501 to Bayshore Elementary (school property).The City would contribute minor
funding for signage and striping, also through force account. The La Porte Independent School
District personnel are very much in favor of this project as is the City of Shoreacres.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Resolution supporting the City's
application to the Texas Department of Transportation, Safe Routes to School Program.
Action Required by Council:
Consider approval of the Resolution as described above.
Availability of Funds:
General Fund
_ Capital Improvement
Escrow Funds
Account Number:
Water/Wastewater
_ General Revenue Sharing
N/A
. Funds Available: YES NO
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John E. Joerns, Acting City Manager
Date
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CITY OF LA PORTE
RESOLUTION NO. 02- .3 '1
A RESOLUTION OF THE CITY OF LA PORTE APPROVING THE SUBMITTAL OF AN
APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION SAFE ROUTES
TO SCHOOL PROGRAM FOR A PROJECT NOMINATION PROVIDED BY
TRANSPORTATION CODE 1201.614, ENACTED BY THE TEXAS LEGISLATURE.
WHEREAS, the City of La Porte, Texas desires to submit an application to the
Texas Department of Transportation Safe Route to School Program for provision of a safe
route to school along SH Business 146, from Fairmont Parkway to the end of SH Spur
501, located primarily within the corporate limits of the City of La Porte; and.
WHEREAS, the Safe Routes to School Program is designed to improve the bicycle
and pedestrian safety of school age children; and
WHEREAS, the Program proposed will be beneficial to school children and residents of
the City of La Porte by reducing the potential for child injuries and fatalities; and
WHEREAS, the Program proposed would encourage walking and bicycling among
students; and
WHEREAS, the City desires to establish its commitment to pledge funding to assist
the Program in accordance with the Texas Safe Route to School Program guidelines as
delineated in the accompanying application, should the project be approved;
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LA PORTE
that the City Manager is authorized to execute all documents necessary for the submission of
the project designated and attached hereto.
PASSED AND APPROVED, this 28th day of October 2002.
~ OF LA PORTE
By: Norm~
Mayor
ATTEST:
~;/A4-A.auI
Mart a Gillett, City Secretary
APPROVED AS TO FO~M~
~t/~
Knox W. Askins, City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
N/A
Agenda Date Requested: October 28 2002
ADDroDriation
Stephen Barr .
Department:
Account Number:
Report:
Resolution: Ordinance: X
Amount Budgeted: -0-
Exhibits:
()rriin::mcp.
Amount Requested:
Exhibits:
Agreement
Budgeted Item:
YES
NO
SUMMARY & RECOMMENDATION
In September, the City was approached by Harris County regarding surplus funds for projects that
could be quickly accomplished prior to the Harris County deadline for fund expenditures in April 2003,
Staff submitted 2 projects that were subsequently conditionally approved. totaling $250,000, The
agreement before you with Harris County is for a playground project at Little Cedar Bayou Park. The
playground will provide recreation for special populations and other children who access the Little
Cedar Bayou Park. Harris County will obtain the playground and install it through the RFP process.
The City will provide administrative oversight for the project through force account efforts, Funding for
the project in the amount of $100,000 will be provided by Harris County Community Development
Block Grant money. The City is not required to provide any capital expenditure for this project,
however, the City will commit $25,000 budgeted in the FY 02-03 Capital Improvement budget for
additional improvements to park service equipment and trail improvements at Little Cedar Bayou
Park,
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Agreement between the City of La
Porte and Harris County for Little Cedar Bayou Park Improvements Project.
Action Required by Council:
Consider approval of the Agreement as described above.
Availability of Funds:
General Fund WaterlWastewater
~ Capital Improvement _ General Revenue Sharing
Escrow Funds N/A
Account Number: 015-9892-???-1100 Funds Available: --1L- YES NO
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John E. Joerns, Acting City Manager
Date
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ORDINANCE NO. 2002- ~5~~
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING OF PLAY EQUIPMENT FOR LITTLE
CEDAR BAYOU PARK; 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.
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
Counc.il 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.
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 28TH day of October 2002.
CITY OF LA PORTE
By: Jt~4L-
Norman L. Malone,
Mayor
ATTEST:
LfrJd1:!.l4.- ./1thl/
Martha Gillett,
City Secretary
APPROVED AS TO FORM: I
.,~JttJ We~
Knox W. Askins,
City Attorney
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OFFICE OF HOUSING & ECONOMIC DEVELOPMENT
8410 Lantern Point
Houston, Texas 77054
Tel: 713-747-0132 Fax: 713-578-2190
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November 26, 2002
Mr. Norman Malone
Mayor, City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Mr. Malone:
RE: The Little Cedar Bayou Park Improvements Project
Project No. 2002-101
Enclosed is the executed Agreement between Harris County and 'the City of La Porte for the
Little Cedar Bayou Park Improvements project using Community Development Block Grant
funds,
Please contact Daniel Adame at (713) 747-0132 if you have any questions.
David Turkel
Director
DBT/ng
Enclosure
G:\gmsbare\QAIDg\ex....ted ~_Ccdar_Bayou_Park_cxcc_ogn:cmomJIr,doc
2002-101
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AGREEMENT BETWEEN HARRIS COUNTY
AND CITY OF LA PORTE
FOR THE LITTLE CEDAR BAYOU PARK IMPROVEMENTS PROJECT
THIS AGREE\1ENT is entered by and between Harris County, a body politic and corporate
under the laws of the State of Texas, herein called the "Grantee," and the City of La Porte (the
City), a body politic and corporate under the laws of the State of Texas, herein called the
"Subrecipient" .
WHEREAS, the Grantee has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 94-383,
application number B-2002-UC-48-0002, CD2002-1 01;
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds; .
WHEREAS, the Subrecipient shall insure recognition of the role of the Grantee in providing
services through this contract. All activities, facilities, and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient will
include reference to Harris County Office of Housing and Economic Development (RCORED)
for the suppon provided herein in all publications made possible with funds made available
under this contract.
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein contained,
it is agreed between the parties hereto that:
I, SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for ,administering a Comm~nity
Development Block Grant (CDBG) Fiscal Year 2002 City of La Porte Little Cedar
Bayou Park Improvements Project (the "Project") in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of providing
these funds, Such Project will include the partial funding of new playground
equipment in the Little Cedar Bayou Park. The City of La Porte qualifies for the
receipt and expenditure of Community Development Block Grant funds because
the area served contains a proportion of low and moderate income persons that
meets one of the criteria for national objectives se,t out in 24 CFR 570.208 (a)
(1 )(2).
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Program Delivery
Activity: The Project will partially fund the purchase and installation of new ADA
compliant playground equipment in the Little Cedar Bayou Park located in the City of La
Porte. '
General Administration
Within 30 days after the date this Agreement is executed by both parties the Grantee
through the Harris County' Public Infrastructure Department will solicit proposals in
accordance with Attached Exhibit A guidelines,
Upon receipt of the proposals for the Project, Grantee will determine the lowest and best
proposal for the construction of the Project. In the event the lowest and best bid for the
construction of the Project is an amount that would result in the cost of the Project being
equal to or less than the sum of $100,000.00, Grantee will award the contract in
accordance with Harris County guidelines.
In the event the lowest and best bid for the construction phase of the Project is an amount
in excess of the sum of $95,000,00, Subrecipient shall have the following three (3)
options:
1, Subrecipient may notify Grantee and agree in writing to pay the additional cost of the
Project. In the event the Subrecipient agrees in writing to pay the additional costs,
then and in that event the Grantee will proceed to let the contract and continue with
the construction of the Project. If the Subrecipient fails to agree in writing to pay said
additional ~osts, then in that event, the Subrecipient may reject all bids and elect not
to proceed with the letting of the contract and terininate the Project without any
further obligations to Grantee; or
2, Subrecipient may notify Grantee to negotiate with the Grantee for Grantee to agree in
writing to reduce or delete specific items' in the bid proposal so that bids will be
within the amount of available construction funds, In the event Grantee agrees in
writing to reduce or delete items in the bid proposal, the Grantee will re-bid the
project and proceed as if it were the original bid; or
3. Subrecipient may reject all bids and elect not to proceed with the letting of the
contract and terminate the Project, giving the Grantee written notice of its
termination.
The project contractor shall furnish, deliver, and install one 4'-0" X 8'-0" temporary
project sign according to Harris County specifications, The Subrecipient will ensure
that the specifications are made part of the project manual and the cost of the project
sign is i!lcluded in all bids,
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Within thirty (30) days after notification by Grantee to Subrecipient that the bid has
been approved, the contract shall be awarded to the lowest and best 'bidder, in
accordance with the usual and customary procedures of the Grantee, Grantee will
contract directly with the contractor, incorporating all requirements of this Agreement
therein,
The Grantee may terminate this Agreement without cause, at any time prior to the
letting of the contract for construction of the Project, by written notice to the
Subrecipient, and the Subrecipient shall have no obligation thereurtder except to
return to Grantee the funds paid to the Subrecipient, if any, by Grantee pur$uant to
this Agreement.
During the construction of the Project, Grantee and Subrecipient shall have the right
to review all documents, maps, plats, records, photographs, reports or plans affecting
said construction. .
B, Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein, Substandard performance as determined
by the Grantee will constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension
or termination procedures will be initiated pursuant to 24 CFR.85.43,
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start within 7 days after the date of this Agreement and
shall terminate when the Project is completed. In addition; the Subrecipient's covenants
and Agreements shall extend for five (5) years after the funds provided for this Project are
fully spent, in accordance with 24 CFR 570.505 and with applicable OMB circulars.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this Agreement shall not exceed One Hundred Thousand and Noll 00
Dollars($IOO,OOO.OO), Draw downs for the payment of eligible expenses shall be made
against the line item budget specified in Exhibit B in accordance with performance.
Expenses for general administration shall also be paid against the line item budget
specified in Exhibit B and in accordance with performance, The Grantee will make direct
payments to the contractor in accordance with Harris County guidelines. Invoices must
be submitted on or before the fifteenth working day of the month for eligible costs
incurred during the preceding month, and shall be on a' form approved by Harris County
Auditor. Prior to payment all invoices must be approved by the HCOHED and the Harris
County Auditor. (A standard AIA form is acceptable,)
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The Grantee has no County funds for the payment of services to be rendered under this
Agreement. It is expressly understood that Grantee's obligation under this Agreement is
contingent upon receipt .of funds for such purpose from the U.S. Department of Housing
and Urban Development (HUD) , by virtue of the above mentioned Grant(s).
Accordingly, notwithstanding anything herein to the contrary, the maximum liability of
the Grantee under this Agreement, shall not exceed $100,000.00 or the amount actually
received by the Grantee from HUn pursuant to the Grant, whichever is less, and
Subrecipient, by execution of this Agreement, acknowledges its understanding of this
fact.
The Subrecipient understands and agrees that reimbursement for costs under this Contract
shall be in accordance with all applicable federal rules, regulations, cost principles, and
other requirements relating to reimbursement with Housing and Urban Development
(HUD) grant funds. The County shall pay for only those costs that are allowable Under
said rules, regulations, cost principles and requirements.' The Subrecipient agrees to
repay County in full for any costs paid by County under this contract that are disallowed
or determined to have been ineligible for payment with HUD grant funds.
V. NOTICES
Communication and details concerning this contract shall be directed to the following
contract representatives:
Grantee
Subrecipient
David B. Turkel, Director
Harris County Office of Housing
And Economic Development
8410 Lantern Point
Houston, Texas 77054
Mr. Norman Malone
Mayor, City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
VI. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of 24 C.F.R. Part 570 and all
federal regulations and policies issued concerning the CDBG program. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement, including Executive
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Order 12372, governing the review and coordination of Federally assisted programs and
projects.
B. Independent Contractor
Subrecipient shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of Grantee. Subrecipient shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder, .
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, sub-Subrecipients,
program participants, licensees or invitees. The doctrine of respondeat superior shall not
apply as between Grantee and Subrecipient, its officers, members, agents, servants,
employees, sub-Subrecipients, program participants, licensees or invitees, and nothing
herein shall be construed as creating a partnership or joint enterprise between Grantee and
Subrecipient. It is expressly understood and agreed that no officer, member, agent,
employee, sub-Subrecipient, licensee or invitee of the Subrecipient, nor any program
participant hereunder, is in the paid service of Grantee and that Grantee does not have the
legal right to control the details of the tasks performed hereunder by Subrecipient, its
officers, members, agents, employees, sub-Subrecipients, program participants, licensees
or invitees.
Grantee shall in no way nor under any circumstances be responsible for any property
belonging to Subrecipient, its officers, members agents, employees, sub-Subrecipients,
program participants, licensees or invitees, which may be lost, stolen, destroyed or'in any
way damaged.
C. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employe~s involv,ed in the performance of this Agreement. Subrecipient must provide to
HCOHED a Certificate of such insurance. Subrecipient agrees' to require any sub-
Subrecipients to carry Workers' Compensation Insurance coverage for all employees
involved in the. performance of this Agreement. The Subrecipient shall also abide by the
Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. 327 et seq.).
D. Insurance and Bonding
Subrecipient will obtain and maintain during the term of this Agreement public liability
and automobile liability insurance covering all risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Agreement.
The amouI').ts of such insurance shall not be less than the maximum liability which can be
imposed on Grantee under the laws of the State of Texas. At present, such amounts are
as follows:
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Bodily injury or death, per person
$100,000
Bodily injury or death, per occurrence'
$300,000
Property damage, per occurrence
$100,000
Subrecipient agrees that such insurance amounts shall be revised upward at Grantee's
option and that Subrecipient shall revise such amounts within 30 days following n~tice to
Subrecipient of such requirements.
Subrecipient will submit to Grantee documentation that it has obtained insurance
coverage as required in this contract within 30 days of the execution of this contract and
prior to payment of any monies hereunder.
Subrecipient will comply with the insurance and bonding requirements of OMB Circular
A-102.
E. Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Agreement. All activities, facilities and items utilized pursuant to
this Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
F. Amendments
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
Grantee's governing body.
Additionally, Grantee may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available funding amounts, or
for other reasons. If such amendment results in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be effected only by written amendment signed by both Grantee and
Subrecipient.
G. Suspension or.Termination
Either party may terminate this Agreement prior to the award of the installation contract
by Subrecipient, as described above, by giving written notice to the other party of such
termination and specifying the ef~ective date thereof at least 30 days before the effective
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date of such termination. Partial terminations, including of the Scope of Service in
Paragraph IA above, may be undertaken only with the prior approval of Grantee.
Grantee may also suspend or terminate this Agreement, in whole or in part, if
Subrecipient materially fails to comply with any term of this Agreement, or with any of
the rules, regulations or provisions referred to herein; and the Grantee may declare the
Subrecipient ineligible for any further participation in Grantee Agreements, in addition to
other remedies as provided by law. Additionally, in the event there is probable cause to
believe the Subrecipient is in noncompliance with any applicable rules or regulations, the
Grantee may withhold up to 15 percent of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to
be in compliance.
Termination, or expiration, of this Agreement shall not relieve Subrecipient of liability
for any breach ofthis Agreement that occurs prior to such termination or expiration. .
H. Reversion of Assets
Upon expiration of the term of this Agreement, the Subrecipient shall transfer to the
Grantee any CDBG funds on hand at the time of expiration which were not used in
performance of the project and any account receivable attributable to the use of
CDBG funds.
Vill. ADMINlSTRATNEREOUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Subpart C of OMB Circular A-I02 and
agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in contormance with OMB
Circulars A-87 and the applicable sections of 24 C.F.R. Part 85, "Uniform
Administrative Requirements for Grants and Cooperative agreements to State and
Local Governments," for all costs incurred whether charged on a direct or indirect
basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
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The Subrecipient shall maintain all records required by the federal regulations
specified in 24 C.F.R. 570.506 and that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 C.F.R. 570.502, and OMB
Circular A-B3; and
g. Other records necessary to document compliance with Subpart K
of24 C.F.R. Part 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of 5 years after the termination of all activities funded
under this Agreement, or after the resolution of all Federal audit findings, which
ever occurs later. Records for non-expendable property acquired with funds under
this Agreement shall be retained for 5 years. after final disposition of such..
property. Records for any displaced person must be kept for 5 years after he/she.
has received final payment.
Subrecipient must also comply with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or
other actions that involve any of the records cited and that have started before the
expiration of the above-described periods, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the
above-described periods, whichever occurs later.
3. Reports
The Subrecipient shall furnish reports to the Grantee, which include, but may not
be limited to the following, if applicable:
A. Payment Request submitted monthly to Grantee.
B. Weekly Payroll Reports from General Contractors and all Subcontractors.
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~onthly reports are to be submitted within 15 working days of the end of the
reporting periods. The quarterly performance reports are due within 15 days after
the end of the previous quarter and the annua~ performance report is due within
one month after the end of the contract period.
Failure to comply with the reporting requirements of this Article shall be a
material breach of the contract and funding will be withheld from the Subrecipient
until such time as the reports are submitted.
The Subrecipient agrees to cooperate in periodic site visits and annual program
and financial monitoring visits which will be conducted by the HCOHED staff
and/or the Harris County Auditor's staff.
~. Property Records
The Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold. Properties retained shall
contin1:le to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 C.F.R. 570.503(b)(8).
5. NationalObiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more
of the CDBG program's national objectives-I) benefit low/moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet
community development needs having a particular urgency - as defined in 24
C.F.R. 570.208.
6. Close-Outs
Subrecipient's obligation to the Grantee shall not end until all close-out
requirements described in 24 C.F.R. 85.50 are completed to the satisfaction of the
HCOHED and the Harris County Auditor. Activities during this close-out period
shall include, but are not limited to, making final payments, disposing of program
assets, including the return of all unused materials, equipment, unspent cash
advances, program income balances, and accounts receivable to the Grantee, and
determining the custodianship of records.
7. Audits 8:- Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, its designees or the Federal Government,
at any time during normal business hours, as often as the Grantee or other agency
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deems necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully cleared by the
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments.
Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with Generally Accepted Governmental Auditing Standards (the
"Yellow Book"), and OMB Circular A-133. The audit must include a statement
regarding compliance with Federal Regulations, including national objectives of
the program.
C. Reporting and Payment Procedures
1. Budgets
, .
The Subrecipient has submitted a detailed budget (see Exhibit B) in a form and
content prescribed by Harris County Auditor. The Grantee and the Subrecipient
may agree to revise the budget from time to time in accordance with existing
county policies.
2. Program Income
The Subrecipient shall report all program income as defined at 24 C.F.R.
570.500(a) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 C.F.R. 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the Grantee.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
4. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget .and county policy concerning payment. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
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the Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this Agreement for costs incurred by the
Grantee on behalf of the Subrecipient.
D. Procurement
1. Compliance.
The Subrecipient shall comply with state law concerning the purchase of
equipment and services. Any real or personal property under Subrecipient's
control that was acquired or improved in whole or in part'with CDBG funds must
either be:
a. Used by the Subrecipient to meet one of the national objectives in 24
C.F.R. 570.200(a) (2) and (3) until 5 years after expiration or
termination of the Grantee's Agreement with HUD; or
b. Transferred to the Grantee; or
c. Disposed of in a manner, consistent with 24 C.F.R. 85.31, which results
in the amount of the then current fair market value of the property ~ess
any portion thereof attributable to expenditures of non-CDBG funds
for acquisition thereof, or improvements to, the property being
reimbursed to the Grantee. Such reimbursement is not required if
disposed of more than 5 years after the expiration or termination of this
Agreement.
d. Further, if within 5 years of the termination or expiration of this
Agreement, the Subrecipient ceases to use any or all personal property
attributable to CDBG funds to meet a national objective, the personal
property shall, in accordance with 24 C.F.R. 85.32, either revert to the
Grantee or be disposed of in accordance with the applicable federal
rules and regulations, including but not limited to OMB Circular A-
102, Subpart C.
e. The Grantee in its sole discretion shall determine whether or not the
Subrecipient use of any property meets a national objective contained
in 24 C.F.R. 570.200(a) (2) and (3).
f. After the expiration of 5 years, the Subrecipient shall have no
obligation to comply with this section regarding real or personal
property.
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2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Subpart C of OMB Circular A-I02, Procurement Standards, and shall.
subsequently follow Subpart C, Property Management Standards, covering
utilization and disposal of property.
3. Travel
Subrecipient must comply with Harris County travel guidelines and obtain written
approval from the HCOHED for any travel outside the Grantee's service area with
funds provided under this Agreement.
4. Relocation. Acquisition and Displacement
The Subrecipient agrees to comply with 24 C.F.R. 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, non-profit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds. The
Subrecipient agrees to comply with applicable Grantee Orders, and Policies
concerning displacement of individuals from their residences, including The
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970.
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title vm of the Civil Rights Act of 1968 as amended, Section 109 of
Title 1 ofthe Housing and Community Development Act of 1974, Section 504 of
the~ehabilitation,Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086 and all other
applicable requirements of24 C.F.R. Part 570, Subpart K.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment
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practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Subrecipient setting
forth the provisions of this nondiscrimination clause. Subrecipient shall also
abide by Title IX of the Education Amendments of 1972 (20U.S.C. - 1681 et
seq.) which prohibits sex discrimination in federally assisted education programs.
3. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706), which prohibits
discrimination against the handicapped in any federally assisted program. The
Grantee shall provide the Subrecipient with any guidelines necessarY for
compliance with that portion of the regulations in force during the term of this
Agreement. .
4. Drug Free Workolace
All profit or non-profit agencies or organizations receiving state or federal grant
funds under the official sponsorship of Harris County must certify on an annual
basis their compliance with the requirements of the Drug Free-Workplace Act of
1988. Employees are specifically prohibited from manufacturing, distributing,
possessing, purchasing, and using illegal drugs or controlled substances in the
workplace or in any other facility, location or transport in which the employee is
required to be present in order to perform his or her job function.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be cominitted to carry out pursuant to the
Grantee's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965. The Grantee shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall
submit a plan for an Affirmative Action Program for approval prior to the award
of funds.
2. WIMBE
The Subrecipient will use its best efforts to afford minority- and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the term "minority and
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female business enterprise" means a business at least 51 percent owned and
controlled by minority group members or wOmen. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-Subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or-other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein. .
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising
"the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, st~te that it is an Equal Opportunity or
Affirmative'Action Employer, as applicable.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs vrn A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each sub-Subrecipient
or vendor.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or
religious activities; lobbying, political patronage, and nepotism activities.
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2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participant's health
or safety.
3. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor issued in accordance with the provisions of Contract Work Hours and
Safety Standards Act [40 U.S.C. 327-330] as supplemented by Department of
Labor regulations, the Copeland "Anti-Kickback" Act [18 U.S.C 874], the Davis-
Bacon Act [40 U.S.C. 276(a) to a-7], and all other applicable federal, state and
local laws and regulations pertaining to labor standards, insofar as those acts apply
to the performance of this Agreement. The Subrecipient shall maintain
documentation which demonstrates compliance with hour and wage requirements
of this section. Such documentation shall be made available to the Grantee for
review upon request. The Subrecipient shall also abide by Chapter 11 of Title 18
of the U.S. Code (18 U.S.C. 201-224) which prohibits a number of criminal
activities, including bribery, graft and conflict of interest.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than 8
households, all contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in
part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the Grantee pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29
C.F.R., Parts 1, 3, 5, and 7 governing the payment of wages and ratio of
apprentices and trainees to journeymen; provided, that if wage rates higher than
those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to,
require payment of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph.
4. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the Housing and Urban
Development Act of 1968, as amended, the regulations set forth in 24
15
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C.F.R. Part 135, and all applicable rules and orders issued hereunder prior
to the execution of this Agreement, shall be a condition of the federal
financial assist~ce provided under this Agreement and binding upon the
Grantee, the Subrecipient and any sub-Subrecipients. Failure to fulfill
these requirements shall subject the Grantee, the Subrecipient and any sub-
Subrecipients, their successors and assigns, to those sanctions specified by
the Agreement through which federal assistance is provided; and as set out
in 24 C.F.R. Part 135, Subpart O. The Subrecipient certifies and agrees
that no contractual or other disability exists which would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 311
requirements and to include the following language in all subcontracts
executed under this Agreement.
liThe work to be performed under this contract is a project assisted
under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to
lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns
which are located in, or owned in substantial part, by persons
residing in the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising said
labor organization or worker's representative of its commitments under
this Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding
that the sub-Subrecipient is in violation of regulations issued by the
Grantor Agency. The Subrecipient will not subcontract with any sub-
Subrecipient where it has notice or knowledge that the latter has been
16
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found in violation of regulations under 24 C.F.R. Part 135 and will not let
any subcontract unless the sub-Subrecipient has first provided it with
preliminary statement of ability to comply with the requirements of these
regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the Grantee thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the Grantee
under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished ,promptly to the Grantee. .
., Hatch Act
The Subrecipient agrees that no funds provided, nor persorinel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 C.F.R. 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this Agreement. The Subrecipient further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or
retained by the Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or
appointed official ,of the Grantee, or of any designated public agencies or
subrecipients'that are receiving funds under the CDBG Entitlement program.
The Subrecipient also agrees to abide by 18 U.S.C. 286, which provides for
conspiracy to defraud the Federal Government with Respect to Claims. In
addition, the Subrecipient will also abide by the False Claims Act (31 U.S.C. 3729
et seq.), 18 U.S.C. 287 relating to False, Fictitious and Fraudulent Claims, 18
V.S.C. 245 Federally Protected Activities, 18 U.S.C. 1001 regarding General
Statements or Entries, the Program Fraud Civil Remedies Act (31 U.S.C. 3801-
3812), the Federal Claims Collection Act of 1966 (31 U.S.C. 952) as amended by
the Derby Collection Act of 1982, the MeritoriQus Claims Act (31 U.S.C. 3702),
the Tucker Act (28 U.S.C. 1346, 1491, and 2501), the Wunderlich Act (41 U.S.c.
17
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321-322), the Anti-Deficiency Act (31 US.C. 1341), and Section 208(a) of the
Intergovernmental Personnel Act of 1970, as amended.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this Agreement in its
entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis. Executed copies of all subcontracts shall be forwarded
to the Grantee along with documentation concerning the selection process.
Subrecipient must adopt and utilize written selection criteria for use in the
selection of subcontractors, which selection criteria must conform to the
procurement requirements of24 C.F.R. 85.36.
5. Copyright
If this Agreement results in any copyrightable material, the Grantee and/or
grantor agency reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work for government purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not
be utilized for religious activities, to promote religious interests, or for the
18
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benefit of a religious organization in accordance with the federal
regulations specified in 24 C.F.R. 570.2000).
x. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this Agreement:
· Clean Air Act, 42 US.C. 1857, et seq., and 9 7401 et seq.
· Clean Water Act, 33 U.S.C. 1368
· Executive Order 11738
· Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and 1318,
relating to inspection, monitoring, entry, reports, and information, and all regullitions
guidelines issued thereunder.
· Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50,
as amended.
· National Environmental Policy Act of 1969 (42 U.S.C. 432 et seq.; as amended)
· HUD Environmental Review Procedures (24 C.F.R., Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (p.L.-2234) in regard to the sale, lease or other transfer of land acquired, ,
cleared or improved under the terms of this Agreement, as it may apply to the provisions
of this Agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 C.F.R. 570.608, and 24 C.F.R. Part 35, and in particular Sub-Part B
thereof. Such regulations pertain to all HUD-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such notification shall point
out the hazards of lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning, and of the advisability
and avail~bility of blood-level screening for children under 7 years of age.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation
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Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
In general this requires concurrence from the Texas Historical Commission and
Antiquities Committee for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, State, or local historic property
list.
E. Wildlife Protection
The Subrecipient agrees to comply with the requirements of the Endangered Species Act
of 1973 as listed in 50 C.F.R. 17.11 and 50 C.F.R. Part 451, the Lacey Act (18 U.S.C.
42), the Migratory Bird Treaty Act (16 U.S.C. 703:'12), the Fish and Wildlife
Coordination Act (16 US.C. 661-667e), Section 4(f) of the Department of Transportation
Act (49 U.S.C. 1653(f), the Fec;leral Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451), and the Safe
Drinking Water Act of 1974 (42 U.S.C. 300f to j-lO), insofar as they apply to the
performance of this Agreement.
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,':1:;,' ,li {DC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the _ day of
, 2002.
Harris County
Attest. '----1 J1:, ~t(
DAVID B. TL"RKEL, Director
Harris County Office of Housing
And Economic Development
Approved as to Form and Legal
Sufficiency:
City of La Porte
cting City Manager
Attest:W:~~ t!tit
Martha Gille , City Sec etary
~~~VEDAS~OFO~:l ,
~-r)d ~/
Knox W. Askins, City Attorney
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AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of$100,000.00 to pay the obligation of
Harris County under this contract.
TOMMY J. TOMPKINS
County Auditor
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EXHIBIT A
HARRIS COUNTY OFFICE OF HOUSTING AND ECONOMIC DEVELOPMENT
SUBRECIPIENT CONSTRUCTION
POLICIES
These policies are intended to assist those public entities receiving Harris County Office of Housing and
Economic Development Block Grant funds. They will facilitate the entity's understanding and compliance
with applicable federal and county regulations, policies and processes where the entity is responsible for
design, bidding and construction contract administration. If clarification is' needed, call Joseph L.
Thompson at 713-747-0132.
1. If federal funds will be used to retain consultants, the entity must advertise Request for
Qualification Statement (RFQ). The entity shall submit the draft RFQ for approval prior to
advertisement. The responding consultant's SF 254 and 255 qualification statements must be
submitted for review to Harris County Office of Housing and Economic Development (HCOHED)
prior to commissioning the consultants. Upon approval by HCOHED, the entity may retain
consultant(s).
2. The entity will advertise for bids and award contracts in compliance with the State of Texas
bidding procedures and the Sections listed below from 24 C.F.R. 85:
Section 85.20 Standards for Financial Management Systems
(Except subparagraph a)
Section 85.36 "Procurement," except paragraph (a)
Section 85.42 "Retention and Access Requirements
for Records"
3. The preliminary drawings must be within the previously approved project scope. All construction
projects must comply with Harris County requirements and the policies and procedures of Harris
County's Department of Public Infrastructure, Purchasing Agent, Auditor and HCOHED.
4. Entity will incorporate into the construction documents any and all Department of Housing and
Urban Development requirements. Final documents must be approved by HCOHED.
5. Prior to award of contract, HCOHED will review the bid documents, the bidder's qualification
statements, minority business pla~ and financial statements to ensure that the contractor has a
good contracting record, adequate capitalization, equipment, and personnel to successfully
complete the project, meets minority participation goals and that the bidder has not been debarred
by HUD from working on federal contracts.
6. The entity, the consultant, and HCOHED will conduct a prebid meeting and a preconstruction
conference with the contractor(s).
7. The entity shall, at its sole expense, furnish the necessary inspection personnel to assure itself of
compliance with the construction contract. The Architect or Engineer of record will have final
authority in all construction disputes.
8. The entity and contractor will be responsible for preparing monthly pay requests to be reviewed by
the consultant prior to submittal for payment. Preparation will consist of a site meeting with the
23
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consultant and the contractor's representative to accurately determine the percentage completion
of various components of the work and time used. The entity, the consultant, and the contractor
will be required to sign e~ch monthly estimate prior to being processed for payment.
9. All change orders must be approved in writing by the entity prior to any alterations or modifications
of the work or specifications. The entity will be responsible for any increase in cost based on any
change order required due to errors and/or omissions. Total aggregate Changes in Contract will
not exceed twenty five percent of the original contract amount.
10. Entity will submit or cause to be submitted, weekly payrolls for general contractor and all
subcontractors to HCOHED for review. HCOHED will review all payrolls and conduct worker
interviews and will hold the general contractor responsible for compliance with labor, EEO and
minority business requirements. The County through HCOHED reserves the right to withhold
funds from the general contractor to compensate workers in accordance with the appropriate
wage scales as promulgated by the U.S. Department of Labor.
11. The entity must submit the following documentation to HCOHED prior to award of the
construction contract:
> Copy of the bid advertisement.
> Copy of the bid tabulations.
> Copies of all bids submitted.
> Copies of bidders' bid bonds or cashiers checks.
> Copy of the minutes and attendance roster of the bid opening.
> Consultant's recommendation of contractor.
> Request authorization from HCOHED .to award project to lowest/best bidder.
12. The entity must submit the following documentation after award of contract:
> Copy of the performance, payment and maintenance bonds.
> Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety
company. Only companies listed in the Department of the Treasury circular #570 (most recent issue)
will be accepted.
> Certification of bid award by the City Council/Board.
> Original copy of the executed contract between the successful bidder and the entity.
> Copy of the purchase order.
> Copy of subcontractor list.
> Schedule of values based on standard Construction Specifications Institute (CSI) format (16 divisions)
and given in labor and materials listed separately per line item including overhead and profit for each.
> Construction schedule (Bar Chart or Critical Path Method).
13. The entity will not be permitted to perform any "force account work", wherein the entity uses their
own employees, materials., and/or equipment. All portions of construction work will be subject to
the competitive bidding process referenced above.
14. The entity's contractor shall furnish, deliver, and install one 4'.0" X 8'-0" temporary project sign'
according to Harris County specifications. The entity will ensure that the specifications will be
made part of the project manual and the cost of the project sign will be included in all bids.
15. The entity's contractor, on all buildina projects, shall furnish, deliver, and install one 18" X 24"
bronze plaque built according to Harris County specifications. The entity will ensure that the
specifications will be made part of the project manual and the cost of the plaque will be included in
all bids.
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EXHIBIT B
BUDGET
CATEGORY HCQHED MATCH TOTAL
Construction 95,000 -0- -O-
S uryey 2,0000 -0- -0-
Testing 2,0000 -0- ,.0-
Inspection 1,000 ' -0- -0-
Total $100,000 $-0- $100,000
CDBG 2002 - S 1 00,000
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EXHIBIT C
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
'contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is material representation of fact upon which reliance was placed w~en this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more that $100,000 for each such failur~.
Executed this
day of
,20 .
BY~
(Type or Print Name)
(Title)
Covered Action:
(Program, Project or Activity)
26
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Presenfedio ~' Court
THE STATE OF TEXAS
~
~
~
NOV 0 5 2002
APPROVE
Recorded Val.
Page
COUNTY OF HARRlS
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris Coun~ Administration Building in the City of Houston, Texas, on the day of
Hu'~ \) '5 200 ,2002, with the following members present, to-wit:
Robert Eckels
El Franco Lee
James Fonteno
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: J..;d~
quorum, when among other business, the following was transacted:
. .
, constItutmg a
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF LA PORTE FOR THE LITTLE CEDAR BAYOU PARK
IMPROVEMENTS PROJECT
Commissioner introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order.
The motion, caming with it the adoptjqn 9!:~e order, prevailed by the following vote:
.. . .." J. 1.01'- ....'...... '-. "(::5 f;.!:~ ,0 ~'):;t'1:n
AYES '!. '...~ .::..:'.,,~': L ! L_.1 !,
: ". "I :l.:.::;~
NAYS' '.' .. "!. :.:,' LJ L_i
. C:.:.:: ";":. j: ...::.. .:' l- I rO.l . 1
ABSTENTIONS: C;::,:;',. !-,":' ::, ~ .; l~J iJ
The County Judge thereupon acii%1ili:cg((tli~l th r inotioHad dQ and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
RECITALS:
WHEREAS, the County has applied for and received funds from the United States Government
under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383
application number B-2002-UC-48-0002; CD2002-101
WHEREAS, the County wishes to engage the City of La Porte to assist the County in utilizing
such funds;
WHEREAS, the City of La Porte shall insure recognitipn of the role of the County in providing
services through this contract. All activities, facilities, and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the ,City of La Porte will
27
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include reference to Harris County Office of Housing and Economic Development ("HCOHED")
for the support provided herein in all publications made possible with funds made available
under this contract.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
HARRIS COUNTY, TEXAS THAT:
Section 1:
The recitals set forth in this order are true and correct.
Section 2. The Agreement is approved and the County Judge of Harris County or his
designee is authorized to exeCute an Agreement between Harris County and the City of La Porte
Little Cedar Bayou Park Project, in the amount of $100.000.00. The Agreement is attached
hereto and made a part hereof for all purposes.
LCBPark:e:lqa\jt\cdbg02
02-101
28
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Requested By:
Appropriation
Agenda Date Requested: October 28 200
Stephen Barr
Department:
Account Number:
N/A
N/A
Report:
Resolution: Ordinance: X
Amount Budgeted: -0-
Exhibits:
(')rrlin~nr:A Aw~rrling Rirl
Amount Requested: -0-
Exhibits:
AQreement with Harris County
Budgeted Item:
YES
NO
Exhibits.
SUMMARY & RECOMMENDATION
As discussed in the October 14m Council meeting, the Texas General Land Office is ready to begin final
design and permitting of the Sylvan Beach Shoreline Protection project. Sylvan Beach Park is Harris
County property. Harris County has agreed to participate in the project and an agreement is being
presented to Council tonight that will reimburse the City for ~ of its obligation in the State contract, or
$6,375. Participation in this project does not obligate either the City or Harris County to any future activity
regarding actual construction of the pro~ect. The City's share of the contract with the Texas General Land
Office, was approved at the October 14 meeting.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Agreement between the Harris
County and the City of La Porte to reimburse the City for ~ of its obligation under the State contract for
final design and permitting of the Sylvan Beach Shoreline Protection project.
Action Required by Council:
Consider approval of the Agreement with Harris County as described above.
Availability of Funds:
General Fund
_ Capital Improvement
Escrow Funds
Account Number:
WaterlWastewater
_ General Revenue Sharing
N/A
Funds Available: YES NO
enda
John E. Joerns, Acting City Manager
/c:Jll3ID2,
Date
.
e
ORDINANCE NO. 2002- d5'11
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY Of LA PORTE AND HARRIS COUNTY, REGARDING SYLVAN BEACH
SHORELINE EROSION REMEDIATION; 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.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preCeding this meeting, as required by the Open Meetings Law,
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.
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 2S1H day of October 2002.
CITY OF LA PORTE
By: ~~~
Norman L. Malone,
Mayor
ATTEST:
GfYJ t/Jiih ;/1111
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
Knox W. Askins,
City Attorney
~g-~
COMMISSIONER
.
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October 16, 2002
AGENDA ITEM
1 0/22/02
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All Members of Commissioners Court
Harris County Administration Bldg.
1001 Preston, 9th Floor
Houston, Texas 77002
Dear Court Members:
r ~.
JIM FONTENO A:\NEX =:!6
14350 WALLlSVILLE ROAD
HOUSTO?\. TEXAS nO.N
(71314.55-~I04
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N:C.A. - PARKS
JAM B 3 2003
Precinct Two Parks Department requests approval to provide partial funding in the amount
of $6,375.50 for plans and specifications for shoreline improvements at Sylvan Beach
Park (a county park in the City of La Porte). The City of La Porte and Harris County
Precinct Two are splitting 15% of the cost for design plans. The State of Texas General
Land office is funding 85% of the design documents.
Attached are two original agreements between Harris County and the City of La Porte
allowing for part'ial funding by Harris County. Please sign and execute this agreement.
Thank you for your consideration of this request.
Vote of the Court: Yes
Sincerely,
~j-~
Abstain
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No
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Cc" -., ::- ~,:' - :~",
Jim Fonteno, Commissioner
Harris County, Precinct Two
~- . .
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JF/GS/bb
Attachments
cc: Mr. Elmo Wright, Mr, David Floyd, Mr. Gil Smith, Mr. Mike Greer
Mrs. Shirley Jackson
~)~
Elmo Wright
i I Jill t;"v
Date
. . ~ . . ~ ~-_. ,.,..~~. .
.;;;iIf!/Z,~ U V'~ ~~--r '
Presented lD Commlssloners' Court
NOV 1 9 2002
APPROVE L I 9-
RIlCCI'dOO VrJ. ' Page
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C.OIl 'l'r",
. Jif,r'-"'My -
K:\IaporteSylvanBeachShoreline10-0Bfinal
AGREEMENT
THE STATE OF TEXAS
~
~
~
RECEIVED
N.C.A. - PARKS
JAN , 3 2003
COUNTY OF HARRIS
This Agreement is made and entered into by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and the City of La
Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City";
RECITALS:
1. It is to the mutual benefit of County and City to control, by the use of articulated mats,
shoreline erosion at the County's Sylvan Beach Park within the incorporated area of the City,
hereinafter called the "Project."
2. The City has previously entered into an agreement with the State of Texas General Land
Office (the "GLO") performed a shoreline erosion study at the site of the Project and proposed
three alternative approaches to control shoreline erosion at Sylvan Beach Park.
3. The GLO has now proposed that the City enter into an amendment of the current agreement
under which the State will perform various services resulting in the development of a bid package
including drawings and specification for the Project, which was one of the alternatives previously
proposed, which amendment will require the City to make available 15% of the costs of such
servIces.
4. The City is willing to enter into the prop~seci amendment if the County will make available
one-half of the City's required contribution for the services to be added by the amendment, up to
$6,375.50.
5. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
1. Within ninety (90) days after the City enters into an amendment to its agreement with the
GLO under which the GLO agrees to perform services including the development of a bid package
for the Project, the County shall deliver to the City its check in the amount of $6,375.50. Such
funds shall only be used to fulfill the City's obligations added to the agreement by the amendment,
and no County funds shall be delivered to the GLO unless the City delivers a matching amount of
the City's funds.
2. The City shall make deliver to the County all documents, including but not limited to
proposed drawings and specifications for the Project, received from the GLO under the amended
agreement and shall, upon request, present to the GLO any comments that the County may make in
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regard to such documents and/or the Project. The City shall not approve or comment to the GLO in
regard to any documents provided to it by the State in regard to the Project unless such documents
are approved by the Commissioner of Precinct Two of the County or that person's designee.
3 It is expressly understood and agreed that the County has available the maximum sum of
$6,375.50 to satisfy its obligations under this Agreement, and the County shall not be obligated to
expend more than that maximum sum.
4. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
5. After completion of the services by the GLO provided for by the amendment to the City's
Agreement with the GLO regarding the Project, or upon any termination of the City's Agreement
with the GLO before completion of the services thereunder, the City shall deliver to the County its
check in the amount of any funds provided by the County that were either not required to be
provided to the GLO or to which the City is entitled to a refund from the GLO because they were in
excess of one-half of the funds needed by the State as part ofthe City's share for the services added
to the Agreement by the amendment.
6. At any time before the City has entered into an amendment with the GLO as contemplated
by Section 1, the County may terminate this Agreement by notice the City, and the County shall
have no further obligation hereunder.
7. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt
requested) addressed to the respective other party at the address prescribed herein below or at such
other address as the other party may have theretofore prescribed by notice to the sending party.
Address for notice shall be as follows:
CITY
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Attn: Stephen L. Barr, Director of Parks & Recreation Department
COUNTY:
Harris County
Harris County Administration Building
1001 Preston, 7th Floor
Houston, Texas 77002
Attn.: Commissioner, Precinct 2
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8. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal
force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit:
a. It has on the _ day of NOV 1 9 2002 , 2002, been executed
on behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the day of , 2002, been executed
on behalf of the City by the Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City of La porte authorizing
such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE STAFFORD
County Attorney
B.J2 ~ C. tJ~
DON C. WlllTLEY
Assistant County Attorney
By
ROBERT ECKELS, County Judge
ATTEST
CITY OF LA PORTE
B~1aL-tJ:.iJ-' ,piPit By
City secretary . ~ i 9 c,ity miX Vl ae €' (
Aflt.Pf/b-PU.S 'P.~M" . ' \
~ 1\/,"""'_/ . \ ,~i1-. D/ AUDITOR'S CERTIFICATE .
~P1,-a-;l "J7?,'
I hereby certify that funas are available in the amount of $6,375.50 to accomplish and pay
the obligations of Harris County herein.
~~~<~
Tommy. p 'ns, Co ty Auditor
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K:\IaporteSylvanBeachShoreline10-08final
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
Presented to Commissioners' Court
NOV 1 9 2002
APPROVE
R8CCIdad Vet Page
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at
the Harris County Administration Building in the City of Houston, Texas, on the _ day of
~IOV 1 q 2llO2 , 2002, with the following members present, to-wit:
Robert Eckels
EI Franco Lee
James Fonteno
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: A,.J('J ~
a quorum, when among other business, the following was transacted:
, constituting
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE
Commissioner ..............
that the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
Judge Eckels CV 0 0
Comm. Lee f3o" 0 0
Comm. Fonteno ~ 0 0
Comm. Radack ~ 0 0
Comm. Eversole ~ 0 0
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law-fully adopted. The order thus adopted follows:
RECITALS
1. It is to the mutual benefit of Harris County and the City of La Porte to control, by the use of
articulated mats, shoreline erosion at the County's Sylvan Beach Park within the incorporated area
of the City, hereinafter called the "Project."
3. The City has previously entered into an agreement with the State of Texas General Land
Office (the "GLO") performed a shoreline erosion study at the site of the Project and proposed
three alternative approaches to control shoreline erosion at Sylvan Beach Park.
3. . The GLO has noW proposed that the City enter into an amendment of the current agreement
under which the State will perform various services resulting in the development of a bid package
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including drawings and specification for the Project, which was one of the alternatives previously
proposed, which amendment will require the City to make available 15% of the costs of such
servIces.
4. The City is willing to enter into the proposed amendment if the County will make available
one-half of the City's required contribution for the services to be added by the amendment, up to
$6,375.50.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COUT THAT:
The County Jud.ge is authorized to execute for and on behalf of Harris County, an Agreement by
and between Harris County and the City of La Porte for funding the City of La Porte's share of a
proposed amendment of an agreement between the City of La Porte and the Texas General Land
Office providing for the creation of bid documents for the Project, said Agreement between the
County and the City of L~ Porte being incorporated herein by reference for all purposes as though
fully set forth word for word.
.
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REQWST FOR CITY COUNCIL AYDA ITEM
Appropriation
Agenda Date Requested: October 28, 2002
Requested By: Doug KneupperA J /
Department: Planning VOVd
Source of Funds: Fund 015
Account Number: 015-9892-846-1100
Amount Budgeted: $250,000
Report: _Resolution: _ Ordinance:_
Amount Requested: $200,500
Exbibits: Ordinance
Letter from Robert Castille,
Harris County Precinct 2
Agreement Between Harris County and City
Budgeted Item: YES
..
Summary and Recommendation
Council has previously agreed in principle to joint venture the construction of Turning Lanes
Along Fairmont Parkway with Harris County on a 50/50 basis. The proposed turning lane
improvements are located at Brookwood, Farrington, and Willmont. The design of these turning
lane improvements is currently 90% complete. Previously, Luella and Driftwood were
considered for this project but have been dropped from consideration here because the County
will be installing traffic signals and these two locations and turning lanes will be a part of the
traffic signal installation.
The County has prepared an Interlocal Agreement that establishes and formalizes the
participation of the City and County. Per the agreement, the County will contribute up to
$200,500 toward 50% of all costs of the project and to administer the design and construction of
the project. The City will contribute 50% of all costs of the project up to $200,500. Project costs
include engineering, construction, and construction support services (no additional right-of-way
is needed for this project). It is expressly understood and agreed that the City and County both
have available the maximum sum of $200,500 to satisfy obligations under this agreement.
If the bids are greater than the $401,000 estimate, the agreement provides the following options:
. County may provide the additional funds and proceed with project
. Reject all bids and terminate this agreement
. Reject all bids and re-advertise and bid the project again
. Attempt to negotiate an amendment to this agreement to provide for payment of the
additional costs
Action Required by Council:
Consider approval of an ordinance authorizing an Interlocal Agreement with Harris County for
the construction of Turning Lanes Along Fairmont Parkway.
Council A enda
~
ohn Joerns, Acting City Manager
Jr.f~4
Date
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ORDINANCE NO. 2002- aSQD
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR LEFT TURN LANES
AND TRAFFIC SIGNAL MODIFICATIONS AT FAIRMONT PARKWAY AND BROOlCWOOD,
FAIRMONT PARICWAY AND FARRINGTON BOULEVARD, AND FAIRMONT PARKWAY AND
WILMONT DRIVE, APPROPRIATING NOT TO EXCEED $200,500.00, 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 Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum not to exceed $200,500.00 from
the City of La Porte Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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.
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ORDINANCB NO. 2002- J.SCfO
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of October, 2002.
By:
CITY OF LA PORTE
~~-
Mayor
ATTEST:
Knox W. Askins,
City Attorney
HARRIS eoulTY
DEPARTMENT OF PUBLIC INFRASTRUCTURE
ENGINEERING DIVISION
e
1001 Preston Avenue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
3 February 2003
RECEIVED
Mr. Douglas K. Kneupper, P.E.
Director of Planning
City of La Porte
604 W. Fairmont Pkwy.
La Porte, Texas 77571
FEB 0 4 2003
PLANNING DEPT.
SUBJECT: Agreement - Left Turn Lanes and Traffic Signal Modifications at
Fairmont Parkway and Brookwood Drive, Fairmont Parkway and
Farrington Boulevard, Fairmont Parkway and WiImont Drive
Dear Mr. Kneupper:
Transmitted for your files is a fully executed original agreement on the above
captioned project.
If I can be of further service, please advise.
-p,,-'
RLClic
Attachment as Noted
ee: Roel Garcia, Pet. 2
Jackie L. Freeman, H CPID
Deborah M. Vaughn, HCPID
Central File
n:\word\pct2\02-03-03,003.doc
HARRIS CO~TY
DEPARTMENT OF PUBLIC INFRASTRUCTURE
ENGINEERING DIVISION
e
1001 Preston Avenue
Seventh Floor
Houston, Texas 77002
(713) 755-5:170
29 August 2002
Mr. Robert T. Herrera
City Manager
City of La Porte
604 W. Fairmont Pkwy.
La Porte, Texas 77571
SUBJECT: Agreement - Left Turn Lanes and Traffic Signal Modifications at
Fairmont Pkwy. and Brookwood, Fairmont Pkwy. and Farrington
Blvd., Fairmont Pkwy. and Wilmont Drive
Dear Mr. Herrera:
Transmitted are duplicate originals of the agreement on the road project referenced
above. It is requested that the City execute the originals and return both originals to
this office. Harris County will then execute the agreement and one fully executed
original will be sent to the City for your files.
Your early attention to the subject matter would be appreciated.
RLClic
Attachment
cc: Elmo Wright, Pet. 2
Jackie 1. Freeman, HCPID
Deborah M. Vaughn, HCPID
Central File RECEIVED
RECEIVED
:~:~~;") ~..: ,..:; 2a02
h:\word\pct2\OB-29-02 .00 I.doc
._CITY MAN GER'g
SEP 0 5 2002 r;.:0....-ii:..-I.~~. (i~ 'OFFI E
I' .. \I;. ." "
1\ ~~, f-:~-""." , r-u..Jcl.. .'Joe.rt15
..Ji..1i
! . :'-'~ '., '.-
r " .
HARRIS CO~Y
PUBLIC INFRASTRUCTURE DEPARTMENT
ENGINEERING DIVISION
e
1001 Preston A venue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
8 November 2002
Honorable County Judge
& Commissioners' Court
, Building
Attention: Commissioner Jim Fonteno
SUBJECT: Recommendation by the County Engineer that the County Judge
be Authorized to Execute an Agreement between Harris County
and the City of La Porte i.Q Connection with the Construction of
Left Turn Lanes and Traffic Signal Modifications at the
Intersections of Fairmont Parkway and Brookwood Drive,
Fairmont Parkway and Farrington Boulevard and Fairmont
Parkway and Wilmont Driv:e in Precinct 2
Gentlemen:
Transmitted are duplicate originals of an agreement to be entered into by Harris
County and the City of La Porte on the intersections referenced above. The
Agreement has been approved as to form by the County Attorney's Office and has
been executed by the City of La Porte.
In general the terms of the Agreement are as follows:
1. Harris County shall manage the project.
2. Harris County shall fund 50% of the project cost up to a maximum of
$200,500.
3. City of La Porte shall fund 50% of the project cost up to a maximum of
$200,500.
Vota of the Court:
J~d:'3 E::::!s
No
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L2
o
Abstain
0,
o
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L....J
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Aesentsd to ConrnIssIoners' Cart
NOV 1 9 2002
APPROVE LJ '+
Recorded Va. . Page
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h:\word\court\11-19-02-fairmont parkway,doc
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Court Letter
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8 November 2002
It is requested that the County Judge be authorized to execute the. Agreement on
behalf of Harris County and that the County Clerk return both originals to this office
for further handling.
Sincerely,
~~~~~
Jackie Freeman, P.E.
Director
JFIRLCldh
Attachment as noted
cc: Commissioner Jim Fonteno
Elmo Wright
Tommy Tompkins
Jack McCown
Arthur L. Storey, Jr.
Deborah Vaughn
Robert Castille ~
Andy Mao
Charlotte Atkinson
Central File
Agenda File
h:\word\coun\II-19-02-fairmont parkway,doc
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K:\Iaportefairmontsignals
AGREEMENT.
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement is made and entered into by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and the City of La
Porte, a body corporate and politic under the laws ofthe State of Texas, hereinafter called "City";
RECITALS:
1. It is to the mutual benefit of County and City to construct left turn lanes and traffic signal
modifications at the intersections of Fairmont Parkway and Brookwood Drive, Fairmont Parkway
and Farrington Boulevard, and Fairmont Parkway and Wilmont Drive, hereinafter called the
"Project. "
2. The County is willing to contribute up to $200,500 toward 50% of all costs of the Project
and to administer the design and construction of the Project, provided that City will contribute
50% of all costs of the Project up to $200,500. All costs attributable to the cost of the Project,
including costs of engineering, construction and construction support services will sometimes be
called the "Project Costs."
3. No additional right-of-way will be required for the Project.
Lt -a. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
1. Within ninety (90) days after execution of this Agreement, the County shall endeavor to
prepare, or cause to be prepared, drawings and specifications for the Project and deliver copies of
same to the City for written approval by the Mayor of the City, or his designee.
2. Within sixty (60) days after approval of drawings and specifications for the Project in
accordance with Section 1, the County will advertise for and receive bids for the construction of the
Project in accordance with the approved drawings and specifications in the manner similar to that
of other like County projects.
3 Upon receipt and tabulation of the bids for the Project, County will determine the lowest
responsible bidder for the construction of the Project. The County Engineer shall then estimate the
projected Project Costs.
4. In the event the estimated Project Costs are equal to or less than the sum of $401,000, the
County Engineer shall notify the City of the estimated Project Costs. The City shall transmit to the
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K:\Iaportefairmontsignals
County within sixty (60) days of such notification, its check made payable to Harris County in an
amount equal to one-half of the estimated Project Costs.
5. In the event the estimated Project Costs are greater than the sum of $401,000, County shall
have the following options:
a. County may elect to attempt to pay the additional cost of constructing the
Project. In such case, the County shall notify the City. The City shall
transmit to the County within sixty (60) days of such notification, its check
made payable to Harris County in an amount equal to $200,500.
b. County may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. County may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
d. Attempt to negotiate an amendment to this Agreement to provide for
payment of the additional costs, and if such an amendment is obtained,
proceed under its terms. If the parties fail to agree to an amendment to this
Agreement, then and in that event the County may proceed under one of the
other three options.
6. Within thirty (30) days after the receipt of funds from the City pursuant to Section 4 or 5
above, the County shall award the contract to the responsible bidder who submits the lowest and
best bid, in accordance with the usual and customary procedures of the County, subject to
certification of the availability of funds for the Project by the County Auditor. It is expressly agreed
and understood that the County reserves the right to reject all bids. In such event, the County, in its
discretion, may either re-advertise for bids pursuant to the same understanding with regard to
rejection of bids or terminate this agreement as hereinafter provided. The County's determination of
the responsible bidder who submits the lowest and best bid for the Project shall be final and
conclusive.
7. The County shall be responsible for administering the construction contract. During the
construction of the Project, the City shall have the right of access to the construction site and shall
have the right to review all documents, maps, plats, records, photographs, reports or drawings
affecting said construction, provided, however, each shall give notice by telephone to the Harris
County Engineer prior to any inspection of either the site or documents and provided further that in
conducting said inspections, City shall not interfere with the work in progress. City shall be
authorized to send representatives to and participate in the bi-weekly job-site meetings.
8. Payments by the City to County hereunder shall not be used by the County for any purpose
other than paying for the Project.
9. The County shall cause the funds paid by the City to County hereunder that are not needed
to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same
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K:\Iaportefairmontsignals
manner as similar funds are invested by the County in federal obligations or interest-bearing time
deposits. The determination by County of the portion of said funds needed to meet such obligations
shall be conclusive. Upon completion of construction of the Project, the County shall perform or
cause to be performed, a final accounting. If the total of the amounts paid by the City to the
County hereunder, including interest earnings thereon exceeds an amount equal to 50% of the
actual Project Costs, the County shall promptly pay over the amount of such excess to the City. If
the total of the amounts paid by the City to the County hereunder, including interest earnings
thereon is less than an amount equal to 50% of the actual Project Costs, the City shall promptly pay
over the amount of such deficiency to the County.
10. The County acknowledges and agrees that the City's sole obligation under this Agreement
during the construction of the Project is to contribute funding for the costs of the Project to the
extent stated in this Agreement, and the City has not assumed any responsibility for the actual
construction of the Project or the performance of the work other than the contribution of funds as
provided herein. The City shall not be responsible for the maintenance or condition of the Project
facilities during construction of the Project.
11. The County may make such changes and amendments to the drawings and specifications
within the general scope of the approved Project as the County Engineer deems necessary or
desirable during construction of the Project.
12. Either the County or the City may terminate this Agreement, without cause, at any time
prior to the letting of the Contract for construction of the Project, by written notice to the other
party. After termination, neither party shall have any further obligations hereunder, except as
follows: If, at the time of termination, the total of the amounts, if any, paid by the City to the
County hereunder, including interest earnings thereon exceeds an amount equal to 50% of the
actual Project Costs incurred to the time of termination, the County shall promptly pay over the
amount of such excess to the City. If, at the time of termination, the total of the amounts paid by
the City to the County hereunder, including interest earnings thereon is less than an amount equal
to 50% of the actual Project Costs incurred to the time of termination, the City shall promptly pay
over the amount of such deficiency to the County. After termination of this Agreement, the County
may continue, at its option, with construction of the Project.
13. Unless this Agreement is amended and additional funds are thereby made available, it is
expressly understood and agreed that the City has available the maximum sum of $200,500 to
satisfy its obligations under this Agreement; and that the County has available the maximum sum
of $200,500 to satisfy its obligations under this Agreement; and neither party hereto shall be
obligated to expend more than the said maximum sum available to the party.
14. The City and its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to County's performance under
this Agreement during the period of performance of this agreement and for three (3) years
thereafter or for so long as there exists any dispute or litigation arising from this agreement.
15. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
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16. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt
requested) addressed to the respective other party at the address prescribed hereinbelow or at such
other address as the other party may have theretofore prescribed by notice to the sending party.
Address for notice shall be as follows:
CITY
City of La Porte
P.O. BVA 1115 '0'-4 W. FAlfl'1lorJT PARKwAy
LaPorte, Texas !:R'i7'1. 111'3' '7571
County:
Harris County
Harris County Administration Building
1001 Preston, 7th Floor
Houston, Texas 77002
Attn.: County Engineer
17. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal
force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit:
a. It has on the day of NOV 1 9 20aZ , 2002, been executed
on behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the 21- day of llJoN/ , 2002, been executed
on behalf of the City by the Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City of La Porte authorizing
such execution.
.
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K:\Iaportefairmontsignals
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE STAFFORD
County Attorney
ROBERT ECKELS, County Judge
ByPfl--C U~
DON C. WHITLEY . ,...-
Assistant County Attorney
B
ATTEST
CITY OF LA PORTE
ByLfY(t1.Jd'L;it/LfI.
BY~~_____
City secretary
Mayor
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $200,500 to accomplish and
pay the obligations of Harris County herein.
.
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~
Presented to ComrnIssIonerI' Court
NOV 1 ~ 2002
APPROVE
Recordsd Vol. Page
K:\Iaportefairmontsignals
THE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at
the Harris County Administration Building in the City of Houston, Texas, on the _ day of
NOV 19 2QOt ,2002, with the following members present, to-wit:
Robert Eckels
EI Franco Lee
James Fonteno
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~, ~
a quorum, when among other business, the following was transacted:
, constituting
ORDER AUTHORlZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING THE
CONSTRUCTION OF LEFT TURN LANES AND TRAFFIC SIGNAL
MODIFICATIONS AT THE INTERSECTIONS OF F AIRMONT P ARKW A Y
AND BROOKWOOD DRIVE, F AIRMONT P ARKW A Y AND FARRINGTON
BOULEV ~ FAIRMONT PARKWAY AND WILMONT DRIVE
Commissioner ~ introduced an order and made a motion
that the same be adopted. Commissioner y ~.1" ~ seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote: .
Yes No Abstain
Judge Eckels 0 0
Comm. Lee 0 0
Comm. Fonteno 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law-fully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris
Courity, an Agreement by and between Harris County and the City of La Porte, for joint funding of
the construction of left turn lanes and traffic signal modifications at the intersections of Fairmont
Parkway and Brookwood Drive, Fairmont Parkway and Farrington Boulevard, and Fairmont
Parkway and Wilrnont Drive, at a maximum cost to the County of $200,500 under GL ORG KEY
10010276, said Agreement being incorporated herein by reference for all purposes as though fully
set forth word for word.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Department: Public Works
Agenda Date Requested:
Appropriation
Requested By: S. Gillett
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits: Lease and Rental Assignment and Security Ae:reement
Budgeted Item: YES NO
Exhibits: First Amendment to Agreement and Lease
SUMMARY & RECOMMENDATION
The City of La Porte has a lease !lg~eement with Tri-Star Aviation (Lessee), dated January I,
1985 and amended April 1, 2002. The Amendment allows the construction of two (2) T-hangers
on the Ramp Area in the central portion of the Airport.
The Lessee is financing the construction through 1 st Choice Bank of South Houston. In order to
protect the interests of the Lessee, the City and the bank, a Lease and Rental Agreement and
Security Agreement has been drafted. The Agreement protects the City, as well as 1st Choice
Bank of South Houston, in the event ofa default on the part of the lessee. The Bank's remedy,
in the event of default, is to take over the lease, and reassign the lease to another operator
acceptable to the City.
Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a Lease
and Rental Agreement and Security Agreement between the City of La Porte, Tri-Star Aviation and 151
Choice Bank of South Houston.
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Date
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ORDINANCE NO. 2002 -. ~_5 4' I
AN ORDINANCE APPROVING AND AUTHORIZING THAT CERTAIN LEASE AND
RENTAL ASSIGNMENT AND SECURITY AGREEMENT, BY AND AMONG TRI-STAR
AVIATION, INC., 1ST CHOICE BANIC, SOUTH HOUSTON, TEXAS, AND THE CITY
01' LA PORTE 7 KAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT 7 I'INDING COMPLIANCE WITH THE OPEN KBETINGS LAW 7 AND
PROVIDING AN EI'I'ECTIVE DATE HEREOI'.
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 Acting 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.
section 2.
The City Council officially finds,
determines, recites, and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City
council was posted at a place convenient to the public at the City
Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, 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.
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PASSED AND APPROVED, this 28th day of October, 2002.
By:
CITY OF LA PORTE
tI,~d-
/N r an L. M 10 e
Mayor
ATTEST:
~~a,{f;d
Mart a A. G111e t
City Secretary
APPROVED: /!
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~, ,r-#1f. W~
Kn x W. Askins' .
City Attorney
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J. L. JAY
ATTORNEY AT LAW
8121 Broadway, Suite 100
Houston, Texas 77061-1341
(713) 645-9595
October 2, 2002
Mr. Knox Askins
City Attorney, City of La Porte, Texas
P. O. Box 1218
La Porte, Texas 77572-1218
RE: Loan by 1st Choice Bank of South Houston, Texas
Tn-Star Aviation, Inc.
Dear Mr. Askins:
Enclosed are copies of a Security Agreement, which 15t Choice Bank is requesting
the City of La Porte approve as an Assignment of the Lease and Subsequent Amendment
by the City of La Porte to Tri-Star Aviation, Inc. to secure financing for hanger
construction at the La Porte Municipal Airport.
Please place this on the La Porte City Council agenda as soon as possible for
approval so that construction may begin.
Please call if you have any suggestions or questions.
Sincerely,
2::t3 \.
.L.Jay .
Attorney for 15t Choice Bank
JLJ/mr
Enclosure(s)
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LEASE AND RENTAL ASSIGNMENT
AND SECURITY AGREEMENT
STATE OF TEXAS . *
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS *
That the TRI-STAR AVIATION, INC., A TEXAS BUSINESS CORPORATION
of Harris County, Texas, herein called "Assignor" (whether one or more), for a valuable
consideration paid by 1st Choice Bank, South Houston, 3100 South Shaver, South
Houston, Harris County, Texas, 77587, hereinafter called "Assignee", the receipt and
sufficiency of which is hereby acknowledged, and for the purpose of further securing
Assignee in the payment of that certain indebtedness evidenced by that one certain
promissory note in the original principal sum of $123,224.90 dated October ....a..., 2002,
. executed by TRI-STAR AVIATION, lNC. and payable to the order of 1st Choice Bank,
South Houston, Texas, covering improvements located on property located in the City of
La Porte, Harris County, Texas, described in the First Amendment to Agreement and
Lease for Fixed Base Operations attached and marked as Exhibit "Lease", does hereby
assign and transfer unto Assignee and grant to Assignee a security interest in all leases
and rental contracts which have been and may hereafter be executed covering all or any
part of said property, together with all rentals and income accruing therefrom, and
particularly the following described lease or leases which constitute all the leases
covering said property that are now in full force and effect, to wit:
The Lease Agreement Marked as Exhibit "Lease" and attached hereto.
Assignor warrants, represents and agrees that:
1. Said Lease is valid and in full force and effect according to its terms; that
no change, modification or amendment thereof has been made; that no prior assignment
thereof has been made and that no assignment of any of the rental and income from the
above described lease has been made; and that no financing statement covering said lease
or leases or the property described is on file in any public office.
2. Assignor shall not, without the prior written consent of Assignee, make or
agree to change, modification or amendment in or termination of the lease covering the
said property, shall not exercise any option if any be in said lease to take action to forfeit
the same.
3. Assignor shall (a) perform all of the obligations and duties of Lessee under
the lease covered hereby; (b) promptly inform Assignee in writing of notice received
from the Lessor with respect to any obligation under the lease or of any default or
claimed default by any party to the lease; and (c) keep accurate books, records and
accounts with respect to the lease and make them available to the Assignee at its request
for examination and inspection.
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This Assignment of Lease is especially made SUBJECT to Article X of said
Lease Agreement. The City of La Porte by its consent to this Assignment of Lease for
financing purposes by Assignor, expressly reserves all its rights as Lessor, contained in
said Lease Agreement, and particularly Article X thereof, including, but not limited to,
the right of the City of La Porte to give prior written approval to any substitute lessee.
As often and whenever a default occurs in the payment of the above described
Promissory Note, or in the performance of any covenant contained in the Loan
Agreement between Assignor and Assignee and as long as any such default continues,
Assignee is hereby authorized to take possession of the premises covered by such Lease,
and may exercise by prior written consent of Lessor, all other rights of the Lessee under
the terms of such Lease Agreement. Assignee shall have the right at any time that such
default exists, to make and enter into agreements with Lessee's tenants, increasing or
reducing rentals or otherwise changing the terms of such sub-lease contracts, and under
such circumstances may enter into new sub-leases and rental contracts in the name of
Assignor or otherwise, on such terms and containing any covenants and agreements as
Assignee may deem advisable.
Assignor further agrees to inform Assignee promptly in writing of notice received
from the City of La Porte with respect to any obligation or default under said lease(s).
Assignor also agrees to perform all obligations binding on Lessee under its said lease(s)
with the City of La Porte.
The City of La Porte, acting herein by its duly authorized representatives, joins in
the execution hereof for the limited purpose of evidencing its consent to this Assignment
of Lease for finance purposes by Assignor to Assignee. Such consent by the City of La
Porte shall not be construed as a waiver of the performance of TRI-STAR AVIATION,
INC., as Lessee under said Lease Agreement. The City of La Porte agrees, that in the
event of default by Assignor herein in its obligations under said lease agreement with the
City of La Porte, that Assignee shall have the right, with the prior express written consent
of the City of La Porte, to assign the lease agreement between the City of La Porte and
Assignor, to a qualified aircraft fixed base operator. In the event of such assignment, all
provisions of the Lease Agreement between the City of La Porte and Assignor, applicable
to the Lessee thereunder, shall be equally binding upon any party to which the activities,
uses, privileges and obligations authorized in said Lease Agreement, are assigned, by
Assignee hereunder. The City of La Porte will not be unnecessarily arbitrary in granting
said permission, but the City of La Porte shall be the sole judge as to the reliability,
capability, character, and desirability of the parties involved. The consent of the City of
La Porte evidenced hereby shall not be construed as a subordination or waiver and
relinquishment by the City of La Porte of its right of levy for rents and all liens, claims
and demands of every kind which it may have against all building and contents on the
lease premises, under the constitution and laws of the State of Texas, and under the terms
and provisions of its Amended Lease Agreement with TRI-STAR AVIATION, INC.,
successor in interest to Bayport Aviation, Inc., whose original lease with the City of La
Porte was dated January 1, 1985, and was amended effective April!, 2002.
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Assignee shall have the additional right and authority in the event of default as
aforesaid, but shall not be obligated to:
1. Make and enter into agreement with Lessor and other users of the
premises, including the specific right to assign the rights of Assignee herein to another.
2. Sue for the balance due on the Note hereby secured, for possession of the
premises, and all appropriate rights and remedies in connection therewith.
Assignor specifically agrees that the Note hereby secured may be from time to
time, renewed, extended, modified or rearranged, and this assignment shall not in any
manner be effected by such action.
This assignment shall be binding upon and shall inure to the benefit of the legal
representatives, heir, successors, and assigns, respectively, of the Assignor and Assignee;
and shall terminate and become null and void upon full and final payment of the Note
secured by this assignment and referred to herein.
EXECUTED this ~ d.... day October, 2002.
TRI-ST AR AVIATION, INC.
BY.~~
Dan H. Maarhouf, Pr ident
ATTEST: -
r-::? ~_/
Secretary
By:
BANK, SOUTH HOUSTON,
"
CITY OF LA PORTE
By:
, Acting City Manager
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ATTEST:
iJld~AuuI
City Se retary
THE STATE OF TEXAS
~
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COUNTY OF HARRIS
BEFORE ME, the undersigned authority on this day personally appeared DAN H.
MAARHOUF, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in the capacity stated and
for the purposes and considerations therein expressed. "
t!I .-fr;;J J.~~EN UNDER MY HAND AND SEAL OF OFFICE, this the 3t.tl., day of
wl~ ,2002.
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'''1''11''''
KATHIE Q'QUINN
Notary Public. State of Texas
MV Commission Expires
March 08, 2005
~~~
Notary Public, in and or the State of Texas
THE STATE OF TEXAS
~
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COUNTY OF HARRIS
BEFORE ME, the undersigned authority on this day personally appeared GERRY
E. MONZINGO, President, 1 sl Choice Bank, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in the capacity therein stated, and for the purposes and considerations therein
expressed.
IJ . L_ 9'ryEN UNDER MY HAND AND SEAL OF OFFICE, this the -j[ i. day of
~ ,2002.
q)!L~ ~
Notary Public, in and or the State of Texas
~tATHrE O'QUINN
NO,iirv "ublic. State of Texas
Mv Commission Expires
March 08, 2005
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THE STATE OF TEXAS
COUNTY OF HARRIS
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BEFORE ME, the undersigned authority on this day personally appeared JOHN
JOERNS, Acting City Manager of the City of La Porte, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in the capacity therein stated, and for the purposes and considerations
therein expressed.
. GWEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ay of
~tt,ber , 2002.
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MELlSA LANCLOS
Notary Public, SIatIl of Texas
My Commissim Upires
JAIl 10. 2005
AFTER RECORDING RETURN TO:
1 ST CHOICE BANK
GERRY E. MONZINGO, PRESIDENT
3100 SOUTH SHAVER
SOUTH HOUSTON, TEXAS 77587
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FIRST AXEHDHENT TO
AGREEMENT AND LEASE
FOR FIXED BASE OPERATIONS
AT CITY OF LA PORTE MUNICIPAL AIRPORT
THIS FIRST AMENDMENT TO AGREEMENT AND LEASE, .which was made
and entered into effective as of the 1st day of January, 1985, by
and between the City of La Porte, a municipal corporation organized
and existing under the laws of the State of Texas, hereinafter
referred to as "Lessor", and Bayport Aviation, Inc., predecessor
corporation to Tri-Star Aviation, Inc., a Texas business
corporation, acting herein by and through its duly 'authorized
officers, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the parties have heretofore entered into an Agreement
and Lease for Fixed Base, Operation at the City of La Porte
Municipal Airport, dated January 1, 1985; and
WHEREAS, the parties hereto desire to enter into a First
Amendment to said Agreement and Lease, effective April 1, 2002, for
the use of additional premises and facilities at the Airport all as
more fully hereinafter set forth; and
WHEREAS, the parties agree that the Lease Agreement between
the parties dated January 1, 1985, shall remain in full force and
effect, except, and to the extent, amended hereby.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
The term of this First Amendment to Agreement and Lease shall
be for the period commencing April 1, 2002, and terminating on
March 3,1, 2022, unless sooner t.erminated as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
Article II, SUbparagraph 1, is amended by adding the
following, to-wit:
"The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and
performed by the Lessee, does hereby, and by these presents,
demise and lease unto the Lessee, upon the conditions
hereinafter set forth, all of which the Lessee accepts, the
exclusive use and occupancy of the Leased Premises, to-wit:
II LEASE"
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Ramp Area for use as tie-down parking facilities and for fifty
(50) aircraft, and for two (2) T-Hangar sites, T-Hangar Site
No.1 being 7,520 square feet, and T-Hangar site NO.2 being
8,930 square feet, identified as "Designated Use Area" on
Exhibit "A" attached hereto and made a. part of this
Agreement."
ARTICLE III - RENTALS AND CHARGES
Article III, subparagraph 1, is amended by adding the
following, to-wit:
"For the Leased Premises as described in Article I, above,
being the fifty (50) tie down areas described on Exhibit "A"
, to this Amended Lease Agreement, and two (2) T-Hangar sites of
16,450 square feet total, identified as "Designated Use Area"
on Exhibit "A", the following rental:
A. Rental shall be paid annually in advance in an amount of
$265.46 p~r year, for T-Hangar Site No.1, and $315.23
per year, for T-Hangar Site No.2, or $580.69 for the two
(2) T-Hangar sites, based on January 1, 2002, rental rate
of $1,539.41 per acre per year. Rental for subsequent
years under this paragraph years under this paragraph
shall be subject to increase in accordance with any
increase in the Consumer Price Index for All Urban
Consumers, with December, 2001, as a base year. Rental
for the T-Hangar area shall commence on the earliest to
occur of September 1, 2002, or the issuance of a
certificate of occupancy by the City of La Porte;
B. Lessee shall pay to Lessor, as additional rent, a sum
equal to thirty percent (30%) of the gross revenues
obtained from rental of tie-down spaces; provided,
however, Lessee shall guarantee Lessor a yearly rental of
not less than $144.00, multiplied by the 50 tie-downs
leased; ,
C. Rental for the 50 tie-downs shall be paid monthly, in a
sum equal to 1/12th of the annual rental due, in advance,
on the 1st day of each and every month.
Cost of living indexing shall not apply to the rental and
charges for the tie-down areas."
Article III is further amended by adding thereto, a final
paragraph, which shall read as follows, to-wit:
"The construction schedule for the two (2) T-Hangar sites
shown on Exhibit "A", is attached hereto as "Construction
Schedule (Exhibit "B")", incorporated by reference herein and
made a part hereof for all purposes. II
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Except and to the extent as amended hereby, the Agreement and
Lease for fixed base operation at city of La Porte Municipal
Airport, between the. City of La Porte, as Lessor, and Bayport
Aviation, Inc., predecessor corporation to Tri-Star Aviation, Inc.,
as Lessee, shall remain in full force and effect. .
IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessors
BY:
ATTEST: /L, Ilh
~~Gillett
City Secretary
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Kri6x W. Askins
City Attorney
Lessees
By:
TRI-STAR AVIATION, INC.
Successor to Bayport
Aviation, Inc. ~
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Name: ~ .~
. Title: ~....~
ATTEST:
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EXHIBIT "B"
Lessee's Construction Schedule
Lessee covenants and agrees with Lessor to keep ~nd maintain the following staged
construction milestones in the planning and construction of two (2) T-Hangers shown on
Exhibit "A".
1. Site Plan submitted by April 1, 2002
2. Construction begins by May 1, 2002
3. Construction completed by August 1,2002
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AGREEMENT AND LEASE
FOR FIXED BASE OPERATION
CITY OF LA PO~TE MUNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made 'and enter~ into this 1st day
of January, 1985, by and between the' City of La Porte, a municipal
corporation organized and existing under the laws of the State
of Texas, hereinafter ref erred to as ~I Lessor" and Bayport Av ia tion,
Inc., a corporation organized and .existing under the laws of the
State of Texas, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the Lessor controls and operates an airport known
as La Porte Municipal Airport, located in the City of La. Por~e,
State of Texas, which airport and any additions or improvements
thereto or changes therein which the Lessor hereafter makes or
authorized are hereinafter collectively referred to as the "Air-
port,", and,
WHEREAS, the parties hereto desire to enter into an Agreement
and Lease for the use of premises and facilities at the Airport
all as more fully hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and agreements herein contained, the Lessor and the Lessee
do hereby mutually undertake, promise and agree, each for itself
and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
, The term of this Agreement and Lease shall be for the period
commencing January 1, 1985, and terminating December 31,' 2014,
unless sooner terminated 'as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
1. The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and per-
formed by the Lessee, does hereby, and by" these presents,
demise and lease unto the Lessee, upon the conditions herein~
after set forth, all of which the Lessee accepts, the exc~u-
sive use and occupancy of the Leased. Premises, to-wit:
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Property at La Porte Municipal Airport, consisting of
11.1207 acres, more or less as "Fixed Base Operator
Area" on Exhibit "An attched hereto and made a part of
this Agreement, and
Ramp .area for ~se as tie-down parking facilities for air-
planes, identified as . "Designated ..Use Area" on Exhibit
"A" attached hereto and made a part of this Agreement,
and Property consisting of' 0'.769 acres, more or less,
identified as nT-Hangar Development Area" on Exhibit B
attached hereto and made a part of this Agreement.
The location and boundaries of said Leased Premises, as in-
dicat'ed on Exhibits A and B, attached hereto, are stipulated '
and agreed between the parties to be correct and by reference
made a part hereof.
.
2. Lessee takes all of such property in its present" condition
"as is", and except as otherwise specifically provided here-
in, agrees to provide all necessary and reasonable maintenance
and repairs in order to maintain such property in a usable
condition.
3. Lessee shall make availabl e to the publ ic for rental purposes,
the T-Hangars and tie-down facilities leased to Lessee herein.
In its rental of such T-Hangars and tie-down facilities, the
Lessee shall provide reasonable rental rates, consistent with
industry standards for this region. Notwithstanding any other
provision of this Agreement, the parties recognize and agree
that Lessee is not herewith given and shall not exercise
exclusive control over the ramp area not specifically leased
under this Agreement 7 and that the public shall have the
right, at all time, to ingress and egress, ov.er and through
said area, as reasonably necessary for the use by the public
of airpo~t facilities ~t La Porte Municipal Airport.
4. The Lessor expressly reserves from the lease of the Leased
Premises the following:
A. All gas, oil and mineral rights in and under the soil.
B. The right to grant utility rights-of-ways to others over,
under, through, across or on the Leased Premises, provided
that such use will not unreasonably or materially inter-
fere with the Lessee's use of the Leased Premises.
ARTICLE III - RENTALS AND CHARGES
1. For the Leased Premises, as described in Article II, Paragraph
1 as "Fixed Base Operator Area", and as shown in Exhibit
"A", and nT-Hangar Development Area", as shown on Exhibit
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"B", the basic ground rental calculated for an index value
of 100.0 is Two Hundred Seventy-Nine and Forty-One One-
Hundredths Dollars ($279.41) per acre per year.
The actual rentals for the Leased Premises, to be paid to. the
Lessor by the Lessee, shall be determined by multiplying said
basic rentals specified under P~ragrap~ 1 above by the index
value determined for successive calendar years in the manner
herein set forth.
The index value for the calculation of actual rental rates
shall be based on. the Consum.er Price Index for All Urban
Consu~ers, using as base year 1967, published by the Bureau
of Labor Statistics of the United States ~epartment of Labor,
and shall be calculated as fo~lows:
A. The index for any particular calendar year shall be the
numerical average of. th~ indexes, for the months of June
through August inclusive of the calendar year next pre-
ceding the year for which the calculation is made. The
index for the year 1984 is 311.8, resulting in an annual
rental rate of Eight Hundred Seventy-One and Twenty One
Hundredths Dollars ($871.20.) per acre for the year
1985. This rate results in "a total 1985 ground rental
for the parcel indicated as "Fixed Base Operator Area"
on Exhibit "A" of Nine Thousand, Six Hundred Eighty-Eight
and 32/100 Dollars ($9,688.32).
B. The actual rental rates shall be' determined prior to
January 1 of each calendar year and shall be effectiv,e
for the full calendar year.
C. In the event that the United States Depart.ment of Labor
discontinues publication of the above index or data from
which the index can be directly computed, or if the method
for the determination of such index is substantially dif-
ferent than that existing at the time this Agreement and
Lease is executed, the basis for the rental rate adjust-
ment shall be the most closely comparable index published
by the U. S. Government.
2. The parties recogniz'e that Lessee shall lease to tenants,
facilities for the storage and/or tie-down of aircraft within
leased properties described as "Designated Use Area" or
"T-Hangar Development Area" on Exhibits "An and DB". The
Lessee shall have the right to provide additional T-Hangar
or tie-down facilities on the property leased herein, but
any such additional facility shall only be provid9d after
specific written authorization from the Lessor. ,Additional
facilities shall be provided only in areas specifically
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authorized by the Lessor and shall be hardsurfaced' rather
than grass areas. The parties further ag~ee that no aircraft
will be tied-down on grass surface areas within Lessee's
leased premises after the year 1990.
Lessor leases to Lessee, the thirty (30) westernmost tie-downs
in Phase I construct ion of the ,new II Des i'gna ted Use Area, II
upon the terms and conditions herein contained. Upon comple-
tion of Phase' II construction, Lessor will re-assign to
Lessee, the thirty (30) westernmost tie-downs in the combined
Phase I/Phase II constructed Designated Use Area. Lessor
gran1::s to Lessee, an option, exercisable within thirty (30)
days after receipt by Lessee of written notice from Lessor,
that Lessor has accepted from its contractor, Phase II constru-
ction in the "Designated Use Area," which option shall be an
option to Lessee; to lease an additional twenty (20) .tie-downs,
within the "Designated Use Area,'~ for a total of fifty (50)
tie-downs, which, if said option is exercised by Lessee,
shall be the fifty (50) westernmost tie-downs in the "Design-
ated Use Area,". upon the terms ,and condtions herein contained.
Lessor further grants Lessee an option to lease the first two
'(2) T-Hangar sites in the new T-Hangar area, with a minimum
of one' (1) year to begin construction, and with the flooring
or paving under the new T-Hangars to be put in place by
Lessor when access ramps are paved by Lessor. Lessee shall
pay Lessor an option fee of Five Hundred Dollars ($500.00)
upon the execution hereof, for each T-Hangar site which
Lessee desires to option from Lessor, which option fee shall
be credited to rental, if such options are exercised by
Lessee, upon the lease terms as herein conta ined., Lessor
agrees that T-Hangar' area will be leased to any Fixed Base
Operator at the same established square foot rental fee
charged by Lessor to Fi;Xed Base Operator Lessees, at the
time of signing of such new leases. Lessor covenants that
the lease price shall not in any event be less than $.02
square foot per year. In addition, any Lessee 'Fixed Base
Operators shall pay Lessor thirty (30) percent of its esta-
bl ished tie-down ramp fee for each hangar space. In other
words, ,Lessor shall treat T-Hangars as tie-down ramp, with
the fee tied to" actual charges by Lessees to their customers,
on the ramp area, for purposes of computi.ng minimum lease
payments for T-Hangar space. Only the area actually covered
by hangar will be considered in foot print leases, at the
establ ished square foot charge. In add i tion, after acceptance
of construction by Lessor, this fee will be paid by Lessee
to City, and by any ,future Lessee Fixed Base Operators to
City, whether or not the hangar is occupied by Lessee's
customers. No aircraft will be allowed to use the T-Hangar
area as open ti e-down; planes in the T-Hangar area must be
parked in'hangars.
The Lessee shall pay to the Ci ty of La Porte, as add i tional
rent, a sum equal to "Thirty percent ,(30%) of the gross revenues
.
obtained from rental of T-Hangars and tie-down spaces within
the ','Designated Use Areas" or liT-Hangar Development Area"
d~pic::ted on Ex~ibits "A" and "B". For ramp tie-down spaces
Wl'thln the Deslgnated Use Area, Lessee guarantees the City
of La Porte a yearly rental of not les~ than One Hundred
Forty-Four Dollars ($144.00), multiplied by the number of
tie-downs leased i and, if at the end ot each anniversary
year. of this agreement, the rentals paid to the City of La
Porte are less than One Hundred Forty~Four Dollars ($144.00)
multiplied by the number of ramp tie-downs leased, then
Lessee shall, not later than the 10th day of the month follow-
ing the month anniversary date of this agreement, pay Lessor
sufficient money so as to ensure a total of One Hundred
Forty-Four Dollars .($144.00),' multiplied by the number of
ramp tie-downs leased, for minimum tie-down rental within
the Designated Use Area.
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In the event that Lessee shall construct or cause to be con-
structed T-Hangars, within the area designated as liT-Hangar
Development Area II on Exhibit "B", Lessee shall pay to the
City of La Porte, as rent and use fee, a sum equal to thirty
percent (30%) of its established tie-down ramp fee for each
hangar space mul tipl ied by the number of hangar spaces to
compute gross revenue obtained from rental of such T-Hangars,
for purposes of this lease. For T-Hangars spaces within
the liT-Hangar Development Area", Lessee guarantees Lessor a
yearly rental of not less than One Hundred Forty-Four Dollars
($144.00) per T-Hangar space, mul tipl ied by the number of
T~Hangar spaces leasedi and, if at the end of each anniversary
year of this agreement, the ren.tals paid to the City of La
Porte are less than One Hundred Forty-Four Dollars ($144.00),
multiplied by the number of T-Hangar spaces leased by Lessor
by Lessee hereunder, then Lessee shall, not later than the
10th day of the month following the anniversary date of this
agreement, pay Lessor sufficient monies so as to ensure a
total of One Hundred Forty-Four Dollars ($144.00), multiplied
by the number of T-Hangar spaces leased by Lessor to Lessee,
for minumum T-Hangar rental within the "T-Hangar Development
Area. II
3. The rental above provided for during the term of this Agreement
and Lease shall be paid monthly, in sum equal to 1/12 of the
.annual rental due hereunder, in advance on the first day of
each and every month. In the event that this Agreement and
Lease .commences or ,terminates other than on the first or
last day of the month, pro-rata payments shall be made for
the fractional part of a month involved.
4. The, Lessor is entitled to collect and the Lessee agrees to
pay,-" all rentals, due. under this Agreement and Lease to the
City of La Porte, La Porte Municipal Airport, ,La Porte,
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Texas, without notice to the Lessee. Rentals more .than
thirty (30) day!? past due may be subject .to a service charge
of one percent (l %) per month, based on an annual rate of
twelve percent (12%).
5. Without prejudice to any other, remedy.. which otherwise might
be used for arrears of rent or otl1er breach -of this Agreement,
if the Lessor is required or it elects to pay any sum or
incurs any obligations or expense, by reason of a failure,
neglect or refusal of the Lessee to perform anyone or more
of the terms, conditions or c'ovenants of this Agreement and
Lease or as the resul t of any act or omission of Lessee
contrary to said terms, conditionS and covenants, the sum or
sums so paid or the expense so incurred, including all inte-
rest, costs, damjiges and penalties may be added to any in-
stallment of rent thereafter due hereunder and each and
every part of .the same shall be and become addit'ion'al rent
recoverable by the Lessor in the same manner and with like
remedies as if it were originally a part of the rent as set
forth hereinabove. '
ARTICLE IV - ACTIVITIES, USES, PRIVILEGES AND
OBLIGATIONS OF THE LESSEE
. 1. A Fixed Base Operation is defined as a commercial aviation
activity conducted by a person, partnership, firm or corpora-
tion engaged in the hangaring " maintenance, care and opera-
tion of aircraft for use by the public, and such other acti-
vities as may be pertinent' to such use. This definition
specifically includes all terms as set forth in Minimum
Standards for Equipping & Operating A General Fixed Base
Operation at the La Porte Minicipal Airport, made a part
hereof by reference and attached as Exhibit "C".
2. Dur~ng the term of this Agreem~r:tt and Lease, the Lessee agrees
to use the Leased Premises for the purposes or activities
stated above, subject to. the conditions generally or particu-
larly set forth herein, and not to use or permit the use of
the Leased Premises or any part thereof for any purposes or
activities other than those speci~ically stated above without
first obtaining the express, written approval of the Lessor.
3. Lessee agrees that the rights and privileges granted herein
are non-exclusive except as to the Leased Premises which
shall be for the exclusive use of the Lessee.
4. The Lessee agrees that the Lessor has the right to adopt and
enforce reasonable rules and regulations and that it and all
its employees, agents and servants will faithfully observe
and comply with all rules and regulations as may from time
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to time be promulgated by the Lessor, the United States. of
Arneri'ca or any department or agency thereof, the State of
Texas and the City of La Porte.
5. The Lessee agrees, at its own expense, to pay any and 'all
taxes levied by the City, County or other appropriate govern-
mental units and to pay any and all.. costs or charges for
utility services furnished to ,or requiretl by the Lessee.
, ,
6. The Lessee will not suffer or permit to be maintained upon
the Leased Premises or upon the exterior of any improvements'
or apputenances thereto any billboards, signs or other adverti-
sing media except those which have prior written approval of
the Lessor. Flashing, rotating, animated or intermittent
i~luminated type signs are prohibited.
7. Lessee shall utilize on the Airport, only service qontractors
authorized to operate at. ~he Airport, including, but not
limited to vendors of aircraft, aircraft parts, service and
fuel, car rental service, taxicab service, vending machine
service and the like: it being understood that fees may be
imposed or collected by the Lessor from such contractors for
the privilege of operating at ,the Airport.
ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR
1. The Lessor covenants that it is well seiz ed of the Leased
Pr,erqiE..~.s, and has good title ~hereto free and clear of all
liens and encumbrances and has full right and authority to
lease the same as herein set forth.
2. The Lessor covenants that the Lessee shall have peaceful
possession and qu iet enjoyment of the LeaSed Premises during
the term hereof so long as the Lessee performs and observes
all of the covenants, agreements, terms and conditions hereof.
3. The Lessor reserves the right to maintain and keep in ,: repair
the landing ,area of the Airport and all publicly-owned facili-
ties of the Airport, together with the right ,to, direct and
control all activit.ies of the Lessee in this regard.
4. The Lessor reserves' the right further to develop or improve
the landing area and all pUbicly-owned air navigation facili-
ties of this Airport as it sees fit, regardless'of the desire
or views of the Lessee, and without interference or hindrance.
5. The ,Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport
against obstruction, together with the right to prevent the
Lessee from erecting, or permitting to be erected, any build-
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ing or other structure on the. airport which. in the opinion
of the Lessor would limit the usefulness of the Airport or
constitute a hazard to aircraft.,
6. During time of war or national' emergency Lessor shall have
the right to enter into an' agreement with the United States
Government for military or naval use. of part or all of ,the
landing area, the pUblicly-owned air navigatio,n facilities
and/or other areas. or facilities of, the Airport. If any
such agreement is executed, the provisions of this instrument,
insof"ar as they are inconsistent with the provisions of. the
agreement with the Government, shall be suspended.
7. This Agreement shoall be subordiante to ,the provisions of- any
outstand ing agreement betwe~n Lessor and the United States
relative to the maintenance, operation or development of the
Airport. '
8. It is understood and agreed that the' rights granted by this
Agreement will not be exercised in such a way as to interfere
with or adversely affect the use, operation, maintenance or
development of the Airport.
9. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benefit of the public, a free and
unrestricted right of fl ight for the passage of aircraft in
the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise
as may be inherent in the operation of aircraft, now known
or hereafter used for navigation of or flight in the air,
using said airspace or landing at, tak~ng,off from, or opera-
ting on or about the Airport.
ARTICLE VI - IMPROVEMENTS AND MAINTENANCE
1. Lessee agres that construction of all facilities, improvements
or appurtenances on or in connection with the Lease Premises
is prohibited without the express written consent of the
Lessor before commencement of said construction. All facili-
ties, improvements, or appurt"enances proposed for construction
shall comply with all "existing applicable codes, ordinances,
laws and regulations relating thereto. .
2. Lessee agrees that T-Hangars constructed within the designated
"T-Hangar Development Area" will be.built in structures con-
taining no fewer than ten (10) units each.
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3. The Lessee agrees that no obstruction to air navigation as
such are defined from time to time by, appl ication of the
criteria' of Pa'rt 77 pf the Federal Aviation Regulations or
subsequent and additional regulations of the Federal Aviation
Administration will be constructed or permitted to remain on
the Leased Premises. Any obstructions shall be. renoved by
the Lessee 'at its expense. The Lessee agrees, not to increase
the height of any structure .or obj ects or permit the growth
of plantings of any kind or nature whatsoever that would
interfere with the.line of sight of aircraft operating on or
abov~ the Airport in airspace protected under rules pr'es'cribed
by FAR Part 77. The Lessee further agrees not be install
any structures, obj ects, mach inery or equ ipment that would
interfere with oJ?eration of navigation aids or .that would
interfere with,the safe and efficient operations of the Air-
port, or interfere with the operations of other tenants and
users of the Airport.
4. The Lessee agrees that all utility services required by it
during the lease term for the Lease Premises must be paid
for by the Lessee including the maintenance cost of service
I in es.
. 5. The Lessee agrees, at its ow.n expense, to cause the Leased
Premises and any improvements and apputenances thereto to be
maintained in a tenantable and in a safe, neat, clean and
presentable condition including, but not limited, to the
necessary mowing and snow removal of the Leased Premises
during the appropriate periods of the year.
6. The Lessee agrees, at its own expense to keep and maintain in
good repair, all structures, pavements, utilities and all
other improvements and appurtenances within and upon the
Leased Premises. . Lessee further agrees that Lessor shall
have no maintenance responsibilities with respect to the
Leased Premises.
7. . Lessee agrees,.. at his own expense, to remove all waste, gar-
bage, and rubbish from the Lease Premises, and agrees not to
deposi t the same on any part of the Leased, Premises except
temporarily in connection with collection for removal. No
waste, garbage or rubbish will at any time be d,eposited on
. any other area of, the Airport.
8. Lessee agrees to provide, at its own expense, such janitor,
toilet, and cleaning services and supplies as may be neces-
sary or required in the operation and maintenance of tl)e
Leased Premises and the improvements and appurtenances there-
to.
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9. The Lessor and its authorized officers, employees, agents,
contract9rs, subcontractors, and other representatives shall
have the right to enter upon 9r' in t~e Leased Premises and
any improvements thereon for th~ ~ollowing ~urposes:
A. To insp,ect the Leased Premises 'and any improvements there-
on at reasonable intervals during regular business hours
or at any time in case of. emergency, to determine whether
.the Lessee has compl ied and is complying wi th the terms
and conditions 'of this Agreement and Lease with respect
to such Leased Premises.
B. To perform any and all things which the Lessee is obli-
gated to do and has failed, after reasonable' notice to
do so, including maintenance, repairs and replacements
of any portion of the .Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
promptly upon demand, as set forth herein before.
c. In the exercise of the Lessor's pOlice power.
D. To inspect the Leased Premises and perform any and all
things with reference thereto which t~e Lessor is obli-
gated or authorized to do as set forth herein.
No such entry by or on behalf of the Lessor within or upon
the Leased Premis.as or any improvements thereon shall cause
or constitute a termination of the letting thereof or be
deemed to constitute an interference with the possession
thereof by the Lessee.
10. Upon termination of this Agreement and Lease at the expira-
tion of the, term or for any other reason or cause, the Lessee
shall have the right to remove any structures or other im-
provements and all machinery, fixtures, apparatus and equip-
ment owned by the Lessee and locted onthe Leased premises
. for a period of 120 days after said termination date and
upon payment of rentals as provided in Article III hereof to
the date of removal of said improvements. The Lessor shall
be entitled to have the Lease Premises herein demised returned
to it clear of all improvements owned by the Lessee and may
require the Lessee to' make such restoration by written noti-
fication within 120 days following termination of this Agree-
ment and Lease: and, in the event of the failure by the
Lessee to restore the Leased Premises as herein required,
within 120 days of said written notification, then the Lessor
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may make such restoration at the Lessee's expense. In the
event that Lessee does not remove all said improvements or
equipment, and the Lessor elects not to require said restora-
tion of the Leased Premises, then upon the expiration of 120
days from the date of termination of this Agreement and
Lease, all structures or other improvements and all machinery,
fixtures, apparatus and equipment located on' the Leased
Premises shall become the property of the Lessor.
ARTICLE VII - INDEMNIFICATION AND INSURANCE
1. The Lessee covenants and agrees to indemnify and save harmless
the City of La Porte, its officers, agents and employees, their
successors and assigns, individually or collectively, from and
against al liability for any fines, claims, suits, liens,
demands, actions or. cause' of action of any kind an nature
for personal injury or death, or property damage in any way
arising out of or resulting from any activity or operation
of the Lessee on the Leased Premises or in connection with
its use of the Leased Premises, and the Lessee further agrees
to pay all expenses in defending against any such claims
made.against the Lessor, including reasonable attorney's
fees; provided, however, that ,the Lessee shall not be liable
for any injury, damage or loss occassioned by the sole negli-
gence or willful misconduct of the Lessor its agents or
employees. The Lessee and the Lessor shall give prompt and
timely notice of any claim made or suit instituted which, in
any way, directly or ind irectly, conting ently or otherwise,
affects or might affect either party. If the Lessee fails,
after written notice from Lessor, to so save harmless and in-
demnify Lessor, Lessor shall have the right, in addition
to its other legal remedies, to declare a default in Lessee's
obligation to fulfill and comply with the terms and conditions
of this Lea'se, and Lessor may then proceed to termination of
the Lease pursuant to Article IX hereof.
2. .The Lessee shall procure and maintain in effect during the
term of this Agreement and Lease insurance with companies
licensed to do business in the State of Texas, and naming
the Lesso~ as an additional -insured and containing a cross
liability agreement, providing the following coverages:
AIRCRAFT LIABILITY
Bodily Injury
One Hundred Thousand Dollars
($100,000.00) each person
One Million Dollars
(1,000,000.00) each accident
Property Damage
Five Hundred Thousand Dollars
($500,000.00) each accident
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Passenger L~gal Liability
One Hundred Thousand Dollars
($100,000.00) each passenger
seat
Or altrnatively a single limit 'l€gal-~iability policy (public
liability, property damage and passenger liability) of not
less than One Million Dollars ($1,000,000.00) which may
include a limit of One Hundred Thousand ($100,000.00) each
person or passenger.
COMPREHENSIVE PUBLIC LIABILITY AND
COMP~EHENSIVE PROPERTY DAMAGE
Bodily Injury
One Hundred Thousand Dollars
($100,000.00) each person
'One Million Dollars
,($1,000,000.00) each accident
Five Hundred Thousand Dollars
($500,000.00) each accident
Property Damage
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million
Dollars ($1,000,000.00) which may include a limit of One Hund-
'red Thousand Dollars ($100,000.'00) each person.
3. A certified copy of each policy evidencing the exi'stence there-
of shall be delivered to the Lessor within ten (10) days
after the execution of this Agreement and Lease. Each such
copy shall contain a valid provision or endorsement that the
policy may not be cancelled, tenninated, changed or modified
without giving ten (10) days written advance notice thereof
to the Lessor. Each such policy shall not, without obtaining
express advance permission from the Les'sor, raise any defense
defense involving in any way the immunity of the City of La
Porte, its members, officers, agents, or employees, the
governmental nature of the Lessor, or the provisions of any
~tatutes respecting suits against the City.
4. The Lessee shall furnish to the City satisfactory eviden<?e
that it carries Workmen I s Compensation Insurance in accordance
with the laws of the State of Texas.
5. In the event that any repairs, alterations, additions, or
improvements are made, in, on or to the Leased Premises by
reason of the use and occupancy of the Leased Premises by
the Lessee, then the Lessee covenants and agrees to make
such repairs, alterations, additions, or improvements in, on
or to the Leased Premises at its own expense. The Lessee
covenants and agrees to indemnify and save harmless and
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Lessor from and 'against all expenses, liens, claims, or
damages to either persons or property which mayor might
arise by reason of any repairs, alternations, additions" or
improvements made by the Lessee in, on, or to the .Leased
Premises.
ARTICLE VIII - TERMINATION OF LESSEE
1. In addition to all other remedies available to the Lessee,
this Agreement and Lease shall be subject to cancellation by
the Lessee should anyone or more of the following events
occur:
A. The permanent abandonment of the Airport.
B. The issuance by any court of competent jurisdiction of
any inj unction preventing or restraining the use of the
Airport in such manner, as to substantially restrict the
Lessee from conducting its fixed base operation, and the
remaining in force of such injuction for at lease sixty
(60) days.
C. The breach by the Lessor,of any of the terms, covenants,
or conditions of this Agreement and Lease to be kept,
performed, and observed by the Lessor, and the failure
of the Lessor to remedy ,such breach for a perioq of
sixty (60) days after written notice from the Lessee of
the existance of such breach.
D. The assumption by the United States Government, or any
authorized agency thereof, of the operation, control or
use of the Airport and its facilities in such.a manner
as to substantially restrict the Lessee' from conducting
its operation, if such restrictions be continud for a
period of three (3) months or more.
, ARTICLE IX - TERMINATION BY LESSOR
1. In addition to all other remedies available to the Lessor,
,this Agreement ,and Lease shall be subj ect to cancellation by
the Lessor should anyone or more of the following events
occur:
A.- If the Lessee shall file a petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted ag'ainst it
and it is thereafter adjudicated a bankrupt pursuant to
proceedings; or if a court shall take jurisdiction of
the Lessee and its assets pursuant to proceedings brought
under the provisions of any Federal Re-Organization Act;
or if a Receiver for the Lessee's assets is appointed;
.
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or if the Lessee shall be divested of its rights, powers
and privileges under this Agreement and Lease by other
operation of law. '
B. If the Lessee shall default. in or fail to make any pay-
ments at the times and in' the amount- required of it
under this Agreement and Lease.
c. If the Lessee shall abandon and discontinue the conduct
of a fixed base operation.
D. I~ the Lessee shall fail to perform, keep and observe
all the covenants and conditions contained in this Agree-
ment and Lease to be performed, kept and observed l?y it.
E. If the Leasee .shall fail to abide by all applicable laws,
ordinances, rules and r~ulations of the' United States,
State of Texas, or the City ,of La Porte.
Provided that upon happening of any of the contingencies re-
cited in subparagraphs B, C, D and E above the Lessor shall
give wri tten notice to the Lessee to correct or cure such
default, failure to perform or breach and if, within thirty
(30) days from ,the date of such notice, the default, failure
to perform or breach complained of shall not have been cor-
rected in a manner satisfactory to the Lessor, then, and in
such event, the Lessor shall have the right at once' and
wi thout further notice to the Lessee to declare this Agree-
ment and Lease terminated and to enter upon and take full
possession of the Leased Premises and Leased Facilities and,
prov ided further that upon the happen ing of anyone of the
contingencies enumerated in subsection A hereof, this Agree-
ment and Lease shall be deemed to be breached by the Lease
and thereupon ipso. facto and without en~ry or any other
action by the Lessor, the Agreement and Lease shall terminate,
subj ect to b'e reinstated only if such involuntary bankruptcy
or insolvency proceedings, petitions for reorganization,
trusteeship, receivership, or other legal act divesting the
Lessee of its rights under this Agreement and Lease shall be
denied, set aside, vacated or terminated in the Lessee's
favor within forty-f ive (45) days from the happening of the
contingency. Upon the . happening of said latter event, this
Agreement and Lease shall be reinstated as if there had been
no breach occassioned by the happening of said contingencies
provided that the Lessee shall within ten (10) days discharge
any and all sums of money which may have become due under
this Agreement and Lease in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all
other obligations which may have accrued and become payable
in the interim. The acceptance of rentals and fees by the
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Lessor for any period or periods after a default of any of
the terms, covenants, and conditions herein contained to .be
performed, kept and observed ,by the.. Lessee shall not be
deemed a waiver of any rights ,o~ the Lessor to cancel this
Agreement and Lease for failure by the Lessee to so perfo~,
keep, or observe any of the terms of this .Agreement and
Lease to be kept, performed, and observed by the Lessee.
ARTICLE X - ASSIGNMENT AND SUBLETTING
1. The -activities, uses, privileges and obligations authorized
nerein are personal and the Lessee agrees that it will not
assign, subcon tract, subl et, or und erlet the same or any
portion thereof,. or ~ssign, sub-contract, sublet or underlet
the Leased Premises or any portion thereof without the expres-
sed consent of th~ Lessor in writing and any purported
assignment or sub-contract in violation hereof shall be
void. In no case, how.ver, may the activities, uses, privi-
leges and obI igations authoriz ed herein or the Leased Premises
or any portion thereof be assigned, sub-contracted, subl et,
or underlet by the Lessee 'for any use other than herein
specified. All provisions of this Agreement and Lease appli-
cable to the Lessee hereunder shall be equally binding upon
any party to which the activities,- uses, privileges and
obligations authorized herein, Leased Premises are assigned,
sub-contracted, sublet or underlet.
2. The Lessor w ill not be unnecessarily arbi trary in granting
said permission, but the Lessor shall be the sole judge as
to the reliability, capability, character, and desirability
of the parties involved.
ARTICLE XI - HOLDING OVER
1. In the event the Lessee shall hold over and remain in posses-
sion of the Leased Premises herein leased after expiration
of this Agreement 'and Lease without any written renewal
thereof, such holding over shall not be deemed to operate as
a renewal or extension of this Agreement and Lease but shall
only create a tenancy from month to month which may be termi-
nated - at any time by the Lessor.
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1. All covenants, stipulations and agreements in this Agreement
and Lease shall extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
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ARTICLE XIII - GENERAL PROVISIONS
1. Notices to the Lessor provided for in tbis Agreement and Lease
shall be sufficient if sent by ge.rtified ol" registered mail,
postage prepaid, addressed to the City MaRager, the City of
La Porte, aox 1115, La Porte, Texas 77571, and notices to
the Lessee if sent by certified or reg istered mail, postage
paid addressed to Bayport Aviation, 'Inc., Post Office Box
656, La Porte, Texas 77571, or to such other respective
address as the parties may designate to each oth-er from time
to time in ~riting.
. 2. The Lessee represents that it has carefully reviewed the terms
and conditions of. the Agreement and Lease and is familiar with
such terms and conditions and agrees faithfully to comply with
the same to the extent to which said terms and conditions apply
to its activities, authorized and required by this instrument.
3. The term "Lessor" as used in this Agreement and Lease means
the Ci ty of La Porte, and where this Agreement and Lease
speaks of approval and con'sent by the Lessor, such approval
is understood to be manifested by act of the City Manager,
except as otherwise expressly stated in this Agreement and
Lea s e.
ARTICLE XIV - INVALID PROVISION
1. In the event that any covenant, ~ondition or provision herein
conta ined is held to be inval id by any Court of competent
jurisdiction, the invalidity of any such covenant, condition,
or provision shall in no way affect any other covenant,
condition or provision herein contained: provided that the
validity of "any such covenant, condition, or provision does
not materially prejudice either the Lessor or the Lessee in
its respective rights and obligations contained in the valid
covenants, conditions, or provisions of this Agreement and
Lea s e.
ARTICLE XV - FEDERAL REQUIREMENTS
1. The right to conduct aeronautical activities or furnishing
services to the publ ic is granted the Lessee subj ect to
Lessee agreeing: '
A. 'To furnish said services on a
justly discrimanatory basis to
fa ir, equal and not un-
all users thereof, and
B. To charge fair, reasonable, and not justly discriminatory
.'
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prices for each unit or service1 provided, that the Lessee
may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price re-
ductions to volume purchasers.
2. The Lessee in exercising any of the rights or privileges here-
in granted to it shall' not on the" grounds oOf race, color, or
national origin discriminate or permit discrimination against
any person or group of persons in any manner prohibited by
Part 21 of the Regulations of tl1e Secretary of Transportation.
The Lessor is hereby granted the right to take such action,
anything to the contrary herein notwithstanding, as the
United States may direct to' enforce this nondiscrimination
cov enim t.
. 3. The Lessee assures that it will undertake an ,affinnative
action program as. required by 14 CFR Part 152, Subpart E, to
insure that no person shall, on the grounds of race, creed,
color, national origi.n, or sex be excluded from participating
in any anployment ativities covered in 14 CFR Part 152,
Subpart E. The Lessee assures that no person shall be ex-
cluded on these grounds from participating in or receiving
the services or benefits of ~ny program or activity covered
by this subpart. The Lessee assures that it will require
that its covered suborganizations provide assurances to the
Lessee that they similarly will. undertake affinnative action
programs and that they will require assurances from their
suborganizations, as required by 14 CFR Part 152, Subpart E,
to the same effect.
ARTICLE XVI - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into,any
lease, contract, or agreement, or any renewal of any existing
leases, with any other party with respect to the Airport,
containing more favorable terms than this lease or to grant
to any other operator rights, privileges or concessions with
respect to the Airport which are not accorded to Lessee
hereunder, unless the same rights, privileges and concessions
are concurrently and automatically made available to Lessee.
It is understood and agreed that the intent of the parties in
this paragraph is to provide that Lessee shall not be put at
a competitive disadvantage with any ,other' operator rights,-
privil~es or concessions which have not- been granted' to
Lessee or tenns and conditions' "more favorable than those
enjoyed by Lessee.
IN WITNESS WHEREOF, the parties have caused these presents
to be signed by their duly authorized representatives.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 28 200
Requested By: John ArmStrong
Department: Le,gal
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Aereement
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The attached Ordinance approves an agreement between City of La Porte and Mr. Herrera regarding his resignation,
effective October 14,2002.
The terms are consistent with the Mr. Herrera's Employment Agreement.
Action Required bv Council: Approve Ordinance authorizing severance agreement with Robert T.
Herrera.
~)?f :lOtC((
Date )
. e
ORDINANCE NO. 2002- ~5Cfd-
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND ROBERT T. HERRERA, KAlCING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The Mayor is hereby authorized to execute such document
and all related documents on behalf of the city of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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.
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PASSED AND APPROVED, this 28th day of October, 2002.
CITY OF LA PORTE
~tF~~/e--
'N man L. alone
Mayor
ATTEST:
~d- {Y. 1~D.U/
Martlia A. Gillet
City Secretary
~~zJc-L
Knox W. Askins
city Attorney
By:
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AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
THIS AGREEMENT, made and entered into effective October 14, 2002, by and
between the CITY OF LA PORTE, a municipal corporation, hereinafter referred to as
"City", and ROBERT T. HERRERA, hereinafter referred to as "Herrera".
RECITATIONS
City, as employer, and Herrera, as employee, have heretofore entered into an
Employment Agreement dated August 27, 2001, wherein City employed the services of
Herrera as City Manager under the terms and provisions of the Home Rule Charter of the
City of La Porte. Herrera has submitted his resignation to City, effective October 14,
2002. Said resignation was accepted by the City Council of the City of La Porte at a
regular meeting that began on October 14, 2002.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
1. City shall pay to Herrera, as severance pay and liquidated damages, twenty-four
(24) weeks salary and benefits, payable in installments over City's normal pay
periods. In the event Herrera secures other employment during such 24-week
period, the amount of such salary payment shall be reduced by the amount of
salary payment received by Herrera from such new employment. Herrera shall be
compensated for any accrued sick leave, vacation, and longevity accrual to and
including October 14,2002. Herrera shall not be eligible for automobile allowance,
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Texas Municipal Retirement, or medical benefits for himself and his dependents,
subsequent to October 14, 2002. City shall assist Herrera in applying for COBRA
benefits, if desired. Herrera shall be eligible for dental and vision benefits through
November 30, 2002. Herrera's group life insurance policy shall continue in force
through October 30, 2002. Herrera, at his option, may continue his executive life
policy, $50,000.00 face amount, at his own expense. Nothing herein shall limit or
prevent Herrera's right to retire from the City of La Porte and receive all retirement
benefits to which he is or would be entitled to receive from the Texas Municipal
Retirement System as a result of such retirement.
2. Each party to this Agreement, City and Herrera, releases the other party hereto,
his or its agents, servants and employees, and all other persons, firms,
corporations and parties, of and from any and all liability, actions, causes of
actions, claims, demands, or suits whatsoever, which either party may now or
hereafter have or claim to have, on account of or arising out of the employment of
Herrera or the Employment Agreement between the parties dated August 27,
2001, and otherwise, whether arising out of tort or contract, or involving any
impairment or damage to any right, including but not by way of limitation, rising out
of said employment or Employment Agreement.
3. This Agreement shall become effective commencing October 14, 2002, and shall
constitute the entire agreement between the parties.
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WITNESS OUR HANDS, effective the 14th day of October, 2002.
ATIEST:
Martha Gillett
City Secretary
3
CITY OF LA PORTE
By: ~~A/--
, orman L. Malone, Mayor
"City" and "Employer"
G<~\. ~~
ROBERT T. HERRERA
"Herrera" and "Employee""
TELEPHONE:
(28]) 428-2200
John D. Armstrong
Askins & Armstrong, P. C.
Attorneys at Law
702 W. Fairmont Parkway
P.O. Box 1218
La Porte, Texas 77572-1218
e
RANDALL B. STRONG
ATTORNEY AT LAW
SUITE 306
.1515 N. ALEXANDER
BAYTOWN, TEXAS 77520
e
0:::-.:> /-:,.' ----
i .
I :-
'-10............, .-
.......--- '>.::..' .."
November 8, 2002
Iffii ~ ~ ~ ~ \VI ~\D)1
\ iI-lip/)2- ll:U\
I'.,.v.'....,~ & ARM~~
,Re: Agreemerit between the City of La Porte and Robert T. Herrera
Dear Mr. Armstrong:
Enclosed please .find one copy of the above agreement signed by all parties. The other signed
copy has been retained by Mr. Herrera. Please call if you have any other questions regarding this
matter.
RBS/lp
c Robert Herrera
c:\... Ibcrreralannslrong,OO I
, Sincerely,
~cJ1 ~~J;f
Randall B. Strong . (If}
--.
\ .,.-...
.. ,.
i!....J
......--
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 28 2002 I Aoorooriation
Source of Funds:
Requested By: John Joems Actin
Department:
Account Number:
Report:
Resolution:
OrdinaKe: X
Amount Budgeted:
Exhibits:
Ordinance 2002-
Amount Requested:
Exhibits:
Aereement
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
The contact between the City of La Porte and the La Porte-Bayshore Chamber of Commerce for'collection and
disbursement of HoteVMotel Ta.'l: monies has expired.
During the budget workshop on August 20, City Council agreed to renew the agreement with the Chamber and an
increased base contribution from $26,000 to $40,000 per year based on the. following provisions:
.:. Renewal of agreement similar to the previous agreement for a 3-year period
.:. A base contribution not to exceed $40,000 per year
.:. Any increase in the base contribution will be based on the annual perfonnance report and the
annual budget submittal by the Chamber and shall be approved by City Council
+ Any new special event promoted by the Chamber of Commerce should be included in the annual
budget submitted by the Chamber. A one-time contribution for any new special event may be
considered by the City based on the merits of the special event and City Council's approval.
The above language has been added to the agreement and highlighted for easy detection. If Council approves the
agreement, it will be forwarded to the Chamber for approval.
Staff recommends Council approve renewal of an agreement with the La Porte-Bayshore Chamber of Commerce for
a base contribution not to exceed $40,000 per year.
Action Reauired bv Council:
Consider approval of an ordinance approving an agreement between the City and the La Porte-Bayshore Chamber of
Commerce.
/rJJ,,);.
Date"
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ORDINANCE NO. 2002-0159':;
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE LA PORTE-BAYSHORE CHAMBER OF
COMMERCE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement,
or other undertaking described in the title of this ordinance, in substantially the form as shown in
the document which is attached hereto and incorporated herein by this reference. The Mayor is
hereby authorized to execute such document and all related documents on behalf of the City of
La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, 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 23rd day of September, 2002.
a4 30rte
By: ~ ~
orman Malone, ~r
~~~~~
City Secretary
'e
City of La Porte
Established 1892
October 1, 2002
Ms. Colleen Hicks, President
Chamber of Commerce
P.O. Box 996
La Porte, Texas 77572-0996
Re: Agreement for General Promotion of La Porte
Dear Ms. Hicks:
The attached Draft Agreement between the City of La Porte and the La Porte -
Bayshore Chamber of Commerce incorporates a new base funding level approved by
City Council plus opportunities to submit for funding for special one-time events.
It also incorporates new language to bring into compliance with legislation regarding
use of Hotel I Motel Funds.
Last, there are a few minor additions and clarifications. The draft is shaded where
changes/new language occurs.
Please review and respond at your convenience. I plan to place this item on th~
October 14, 2002 Council Agenda.
--........ '"
JJ/ml
604 W, Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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DRAFT
THE STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into effective the 1 St day: of October, 2002, by and between the
City of La Porte, a municipal corporation, hereinafter called "City", and The La Porte -
Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the State
of Texas, hereinafter called "Chamber,"
WITNESSETH:
WHEREAS, City has an ordinan,?e providing for the assessment and collection of a Hotel
Occupancy tax in the City of La Porte of four percent (4%) of the consideration paid by the
occupant of a room, space or facility in any hotel/motel; and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint
potential users with public meeting and convention facilities and to promote tourism and
advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the
Chamber for the above stated purposes and that the Chamber use such funds for the above stated
purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION I.
Chamber shall employ its best efforts for general promotional and tourist advertising of the City
of La Porte and conducting solicitation and operating programs to contract conventions and
visitors, including the establishment and operation by Chamber of a convention and visitors
bureau.
SECTION II.
~s ~_ ,?onsideration for ~e sC?~i~es ~~t f~rth, in Paragraph 1 hereof, City agrees to pay to Chamber
a"base amount equal to rw:ei1tY-:-fiv~ percent (25%) of the amount actually collected by the City up
to an amount not to exceed ~~O,~OO Pet: year from the Hotel Occupancy Tax in any City fiscal
year during the term of this agreement.
During the"t~'broft.hi~': ~if.~~f;:ariy'hicr~e' in:':tb~,baSe: contrlbutiQn \Viii. be b'aSe<f'oi{a
r~vie~of.ihe. ~~ pen~~~ce"r~ort ~d. ~e ~ual:b~dg~~ sub~tted by the Chamber:'.' APi
in~~ase~n tJ:le. ~~'~_ ~J?tpp:4~i9n. sh~l :beapprQyed)y.~GitY. ,~~un~iL
A one~~e ooittribhtioIt J<?E.~Y" ne~ sp~c~iiI - ~v~i1t ~ay' ~~;-~rl$.ld€?~:l;y the ,City' based:on $e
meritS; o{$e.. ,sp'~cial:~yei1ti.an4:City. G()4ticil'~~~ppi~vai;~.::: AD~;'speci~ ~ven~. pr<?motedJ>ythe,
. i . . . '. I' " . t . ".1 ,". . ~_ '"'': j'" .' . " . .' I . I to . ~..'. .,
Ch~ber- of ~~;rim~c'e. sh9~.dQe ~~hi~~ W tl,1~ ,a.mi~~:, btidg~t~ubmitted' pythe Chambt?I",:
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SECTION III.
The term of this contact is for three (3) years and expires on Sept~b~ 30, 2005. No less than
ninety (90) days prior to the expiration of the initial 3-year term of this agreement, the City and
Chamber may renegotiate the cap level as established in Section II.
SECTION N.
In the event written notice is not given by either party, to this agreement, to the other party ninety
(90) days prior to the termination date as noted herein, this agreement shall be extended on the
same terms and conditions for an additional two (2) years.
SECTION V.
T,he 9tY,shall, on or before the 45th day following the end of each quarter, pay twenty-five
percent (25%) of any amount of the monies collected for that quarter, to the Chamber until the
not t<<;> exceed. figure of$40;pdo: 'is (eached. The quarters will end on the 31 st day of March, the
30th day of June, the 30th day of September and the 31 sl day of December of each year.
SECTION VI.
The Chamber agrees that it will record expenditures involved in this program on a monthly basis
in separate accounts. The books of account will be maintained in a form approved by the City of
La Porte. The Chamber agrees to forward a quarterly report to the City on expenditures
involving the use of City funds. Chamber further agrees that the report will be forwarded on or
before the 30th day following the end of the quarter.
SECTION VII.
The Chamber agrees, yearly, to prepare an annual budget on the use of hotel/motel funds
received from the City of La Porte and to submit it to the La Porte City Council for approval.
The budget submitted to City Council will coincide with the City's fiscal year. For the first year
of this agreement, the Chamber agrees to submit the budget to Council by Decem1>er 1, ~002.
For all future years, Chamber agrees to submit the budget on or before August 10th of each year.
SECTION VITI.
The delegation'to.the Cha.m~er of.~y actiV;ities fundCd by'this agreemenfrequires the Chamber;
before ;making 'ah. exp~difure~ to prpvide writttm: infomi~~on' to, the ~unicipality ~at indi~tes
~ . .: . . 1.," . . . . '. . ,. ... ~ . ~ ~ .. , . , .' .' _ .
which schedul~ a~tiviticts,,'.pr~grams, ev:ents, qr ~drirlnis~~~e,: costs are directly enhancing, and
,. . ,.. ," .' . .. .... . t ., .
P!omQ~g iOU:Ii~ril a.n4 We'.~nv~ti9Ii and h~tel,iJ:ld~trY..:
....\... .". .a.. .' ...,~",.. .... "'-'" 'f\. - r'. ..... . .~ ..... .,.......... .' ..~ . ."-. . '. I' .
This: req~ed: ,list sl1all' 'be'Lp!oVidect' to ,the. ~itY~anage(s . officf for, review' and filing. with', tli~
9ffi~~.Qf.the' G~iY:.S~~;
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SECTION IX.
Thirty (30) days after September 30, the end of every fiscal year, the Chamber will furnish to
City a performance report of its work under this contract, which shall reflect overall activity,
meetings, conventions and conferences conducted, identity, and amount of advertising
conducted, copies of literature produced as well as a description of direct mailings in the last
year, and the expenditures during the year of the funds received pursuant to this contract.
SECTION X.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial
activity of the Chamber that relates to the use of hotel/motel funds.
SECTION XI.
.,
It is understood and agreed that Chamber shall not in any sense be considered a partner or joint
venturer with City, nor shall Chamber be considered nor in any manner hold itself out as an
agent or official representative of City. Chamber shall be considered an independent contractor
for the purposes of this agreement and shall in no manner incur any expenses or liability on
behal f of City.
SECTION XII.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XIII.
It is understood and agreed that this contract shall be terminated upon occurrence of any of the
following events:
a. The giving of written notice by either party to the party at least ninety (90) days prior to
the date of termination;
b. The termination of the corporate existence of Chamber;
c. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
d. The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given by
City to Chamber of such breach;
SECTION XIV.
In the event of the termination of this agreement as provided in Section XII hereof, Chamber
shall submit to City a statement showing any expenses incurred by it for the present year in
which said termination takes place and City agrees to reimburse Chamber, to the extent that said
monies are collected from the Hotel Occupancy Tax during that year, an amount equal to the
lesser of the expenses incurred by the Chamber during that year or the amount of tax collected
-'.-.':.-~--"'.-- I~~"'"~''''''''' ..... ....,. ~ t
for that year o!>ijgated:t>y)~i~$' ,~gre~ent. City ~l~.o ~ealizes that Chamber may have committed
themselves to pay expenses for conventions o~ activi4e~ that will occur after the termination of
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this agreement, and City agrees to reimburse the Chamber for such expenses up to the
cumulative sum of $1,000.00 from the Hotel Occupancy Tax.
SECTION XV.
This contract is not assignable.
SECTION XVI.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the UJ?ited States Mail, certified or
registered mail, retum receipt requested, on the date so deposited and addressed to the respective
parties a,s follows:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Executive Vice-President
La Porte - Bayshore Chamber of Commerce
P.O. Box 996
La Porte, Texas 77572-0996
SECTION XVI.
All the terms, condition and stipulations of this contract are subject to all applicable
federal laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto
and all judicial determinations relative thereto.
WITNESS OUR HANDS, effective the 15t day of October, 2002.
City of La Porte
By:
Norman Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
LAPORTE-BAYSHORE
CHAMBER OF COMMERCE
By:
President
ATTEST:
Secretary
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THE STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into effective the 1 st day of October, 2002, by and between the
City of La Porte, a municipal corporation, hereinafter called "City", and The La Porte -
Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the State
of Texas, hereinafter called "Chamber,"
WITNESSETH:
WHEREAS, City has an ordinance providing for the assessment and collection of a Hotel
Occupancy tax in the City of La Porte of four percent (4%) of the consideration paid by the
occupant of a room, space or facility in any hotel/motel; and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint
potential users with public meeting and convention facilities and to promote tourism and
advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the
Chamber for the above stated purposes and that the Chamber use such funds for the above stated
purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION 1.
Chamber shall employ its best efforts for general promotional and tourist advertising of the City
of La Porte and conducting solicitation and operating programs to contract conventions and
visitors, including the establishment and operation by Chamber of a convention and visitors
bureau.
SECTION II.
As a consideration for the services set forth in Paragraph 1 hereof, City agrees to pay to Chamber
a base amount equal to twenty-five percent (25%) of the amount actually collected by the City up
to an amount not to exceed $40,000 per year from the Hotel Occupancy Tax in any City fiscal
year during the term of this agreement.
During the term of this agreement, any increase in the base contribution will be based on a
review of the annual perforrtlance report and the annual budget submitted by the Chamber. Any
increase in the base contribution shall be approved by City Council.
A one-time contribution for any new special event may be considered by the City based on the
merits of the special event and City Council's approval. Any special event promoted by the
Chamber of Commerce should be included in the annual budget submitted by the Chamber.
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SECTION III.
The term of this contact is for three (3) years and expires on September 30, 2005. No less than
ninety (90) days prior to the expiration of the initial 3-year term of this agreement, the City and
Chamber may renegotiate the cap level as established in Section II.
SECTION IV.
In the event written notice is not given by either party, to this agreement, to the other party ninety
(90) days prior to the termination date as noted herein, this agreement shall be extended on the
same terms and conditions for an additional two (2) years..
SECTION V.
The City shall, on or before the 45th day following the end of each quarter, pay twenty-five
percent (25%) of any amount of the monies collected for that quarter, to the Chamber until the
not to exceed figure of $40,000 is reached. The quarters will end on the 31 st day of March, the
30th day of June, the 30th day of September and the 31 st day of December of each year.
SECTION VI.
The Chamber agrees that it will record expenditures involved in this program on a monthly basis
in separate accounts. The books of account will be maintained in a form approved by the City of
La Porte. The Chamber agrees to forward a quarterly report to the City on expenditures
involving the use of City funds. Chamber further agrees that the report will be forwarded on or
before the 30th day following the end of the quarter.
SECTION VII.
The Chamber agrees, yearly, to prepare an annual budget on the use of hotel/motel funds
received from the City of La Porte and to submit it to the La Porte City Council for approval.
The budget submitted to City Council will coincide with the City's fiscal year. For the first year
of this agreement, the Chamber agrees to submit the budget to Council by December 1, 2002.
For all future years, Chamber agrees to submit the budget on or before August 10th of each year.
SECTION VIII.
The delegation to the Chamber of any activities funded by this agreement requires the Chamber,
before making an expenditure, to provide written information to the municipality that indicates
which scheduled activities, programs, events, or administrative costs are directly enhancing and
promoting tourism and the convention and hotel industry.
This required list shall be provided to the City Manager's office for review and filing with the
office of the City Secretary.
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SECTION IX.
Thirty (30) days after September 30, the end of every fiscal year, the Chamber will furnish to
City a performance report of its work under this contract, which shall reflect overall activity,
meetings, conventions and conferences conducted, identity, and amount of advertising
conducted, copies of literature produced as well as a description of direct mailings in the last
year, and the expenditures during the year of the funds received pursuant to this contract.
SECTION X.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial
activity of the Chamber that relates to the use ofhoteVmotel funds.
SECTION XI.
It is understood and agreed that Chamber shall not in any sense be considered a partner or joint
venturer with City, nor shall Chamber be considered nor in any manner hold itself out as an
agent or official representative of City. Chamber shall be considered an independent contractor
for the purposes of this agreement and shall in no manner incur any expenses or liability on
behalf of City.
SECTION XII.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XIII.
It is understood and agreed that this contract shall be terminated upon occurrence of any of the
following events:
a. The giving of written notice by either party to the party at least ninety (90) days prior to
the date of termination;
b. The termination of the corporate existence of Chamber;
c. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
d. The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given by
City to Chamber of such breach;
SECTION XIV.
In the event of the termination of this agreement as provided in Section XII hereof, Chamber
shall submit to City a statement showing any expenses incurred by it for the present year in
which said termination takes place and City agrees to reimburse Chamber, to the extent that said
monies are collected from the Hotel Occupancy Tax during that year, an amount equal to the
lesser of the expenses incurred by the Chamber during that year or the amount of tax collected
for that year obligated by this agreement. City also realizes that Chamber may have committed
themselves to pay expenses for conventions or activities that will occur after the termination of
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this agreement, and City agrees to reimburse the Chamber for such expenses up to the
cumulative sum of$l,OOO.OO from the Hotel Occupancy Tax.
SECTION XV.
This contract is not assignable.
SECTION XVI.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the United States Mail, certified or
registered mail, return receipt requested, on the date so deposited and addressed to the respective
parties as follows:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Executive Vice-President
La Porte - Bayshore Chamber of Commerce
P.O. Box 996
La Porte, Texas 77572-0996
SECTION XVI.
All the terms, condition and stipulations of this contract are subject to all applicable
federal laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto
and all judicial determinations relative thereto.
WITNESS OUR HANDS, effective the 15t day of October, 2002.
~ G~~e
By: ~
. ~lone, Mayor
<t--
LAPORTE-BAYSHORE
~HAMBEROF~~
By: I~f~~~ ~
President
A'i,(EST: ./1
~ ~ ..:Ja(~d-
Secretary (j
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CONSENT AGENDA
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda nalellequested: Odob~
Requested By: Steve Gillett
Aoorooriation
Soun:e of Funds: Motor Pool Fund
Department: Public Works
Account Number: Various
Report: XX Resolution: _Ordinance:
Amount Budgeted: 5185.796.00
Exhibits: Bid Recao Sealed Bid #0866
Amount Requested: 5182.571.71
Exhibits: Pun:hasine Memorandum
Budgeted Item: X YES
NO
Exhibits: Vendors List
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0866 - Heavy Trucks were opened and read on September 16, 2002. Bid requests were
mailed to eleven (11) vendors with five (5) returning bids.
Low bid meeting specifications for Item 1 - Six (6) Yard Dump Truck and Item 2 - 2 Y2 Ton Trash Truck was
submitted by Lawrence Marshall Ford in the amount of: Item 1 - $48,765.00 less Optional Trade In Allowance of
$4,800.00 and Item 2 - $55,992.00.
Low bid meeting specifications for Item 3 - Asphalt Pothole Patcher was submitted by International Trucks of
Houston in the amount of $88,614. 71less Optional Trade In Allowance of 56,000.00. Apparent Low Bidder,
Barrett Motor Company failed to meet specifications.
Staff recommends award of Items 1 - 6 Yard Dump Truck and Item 2 - 2 Y2 Ton Trash Truck to Lawrence Marshall
Ford, low bidder meeting specifications. Staff further recommends acceptance of the Optional Trade In Allowance
on Item 1. Additionally, it is recommended Item 3 - Asphalt Pothole Patcher be awarded to International Trucks of
Houston, low bidder meeting specifications. The acceptance of the Optional Trade In Allowance is also
recommended. The cost of these purchases would be $193,371. 71 less Optional Trade In Allowance of $10,800.00
for a total cost of$182,571.71. FUJl.ds in the amount of$185,796.00 were budgeted in the 02/03 Motor Pool
Replacement Fund for these purchases.
Action Reauired bv Council:
Award bids for the replacement of Heavy Trucks as recommended by Staff.
/~.h~
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Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
SEPTEMBER 18, 2002
To:
Steve Gillett, Director of Public Works
Lee Allen, Equipment Services Superintendent
Susan Kelley, Purchasing Manager,J ~
Bid # 0866 - Heavy Trucks
From:
Subject:
Advertised, Sealed Bids #0866 - Heavy Trucks were opened and read on September 16,
2002. Bid requests were mailed to eleven (11) vendors with five (5) returning bids.
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
This bid may be placed on the agenda for the City Council meeting on October 14, 2002.
Please remember to submit your recommendation with an agenda request form to the
City Secretary and Purchasing Manager by the prescribed time. The following items
should be included:
~ Bid tabulation and bidder's list as backup
.~ Date of requested council meeting
~ Explanation of recommendation, other than low bid
Attachment: Bid Copies
Bid Tabulation
Bidder's List
BID TABl)LATION
BID # 0866 - HEAVY TRUCKS
LONE STAR
TRUCK
CENTER
NTERNA TIONAL
TRUCKS OF
HOUSTON
BAYOU CITY
FORD
BARRETT
MOTOR CO
LAWRENCE
MARSHALL
FORD
QTY
DESCRIPTION
$60,984.34
($4,500.00)
$56,484.34
$55,268.68
($6,500.00)
$48,768.68
$52,562.00
NO BID
$52,562.00
$50,841.00
($6,000.00)
$44,841.00
$48,765.00
($4,800.00)
$43,965.00
1
Yard Dump Truck
Less Optional Trade-in Allowance
Item #1 Total
Six (6)
1)
-
$69,373.01
$69,373.01
$68,769.00
$68,769.00
$57,756.00
$57,756.00
$60,050.00
~60,050.00
$55,992.00
$55,992.00
1
2-1/2 Ton Trash Truck
2)
NOBID
$88,614.71
($6,000.00)
$82,614.71
$109,598.00
NO BID
$109,598.00
$86.447.00
($5,000.00)
$81,447.00
NO BID
Item #2 Tota
Asphalt Pothole Patcher
Less Optional Trade-in Allowance
Item #3 Total
3)
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nformation reflects pricing only and other factors may be considered during the evaluation process
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BIDDER'S LIST
SEALED BID #0866 - HEAVY TRUCKS
BAYOU CITY FORD
3625 EASTEX FRWY
HOUSTON, TX 77026
DAVIS TRUCK & EQUIPMENT
PO BOX 33
CLIFTON, TX 76634
H.D. INDUSTRIES
PO BOX 8250
JACKSONVILLE, TX 75766
HOUSTON FREIGHTLlNER
9550 NORTH LOOP EAST
HOUSTON, TX 77029
INDUSTRIAL DISPOSAL SUPPLY
PO BOX 8623
HOUSTON, TX 77249
INTERNATIONAl'TRUCKS OF HOUSTON
8900 NORTH LOOP EAST
HOUSTON, TX 77029
LONE STAR TRUCK CENTER
PO BOX 21127
HOUSTON, TX 77226-1127
HElL OF TEXAS
5900 WHEELER
HOUSTON TX 77023
WASTE SYSTEMS EQUIPMENT
PO BOX 40878
HOUSTON, TX 77240
AKZO NOBEL
4914 FORT AVENUE
WACO, TX 76710
FLEET SALES LLC
3640 W. CHESTNUT EXPWY
SPRINGFIELD, MO 65802
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 1, 2002
SEPTEMBER 8, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested:
Appropriation
Steve Gillett
Source of Funds: Vehicle Maintenance Fund
Department: Public Works
Account Number: 024-7074-534-9095
Report: XX Resolution:
Ordinance:
Amount Budgeted: $40.000.00
Exhibits:Purchasinl! Memorandum
Amount Requested: $33.486.71
Exhibits: Bid Recap Sealed Bids #0870
Budgeted Item: X YES
NO
Exhibits: Bidders List
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0870 - Tires were opened and read on October 7, 2002. Bid requests were mailed to
eleven (II) vendors with two (2) returning bids.
Low bidder meeting specifications for Section I - Light Vehicle Tires and Section 2 - Heavy Truck and Industrial
Tires was submitted by Carr's City Tire in the amount of $30,726.71. The only bidder submitting a bid on Section
3 - Recaps was A to Z Tire Co. in the amount of$2,760.00. The bid for Sections 1 & 2 represents an increase of
7% over last year's bid. The bid for Section 3 represents a 21% increase over last year's bid.
Staff recommends award of bid for Sections 1 & 2 to Carr's City Tire, low bidder meeting specifications.
Additionally, it is recommended Section 3 be awarded to A to Z Tire Co., low bidder meeting specifications. Funds
for this purchase were budgeted in the Equipment Services 02/03 Operating Budget.
Action Required bv Council:
Award bid for Sections I & 2 to Carr'S City Tire and Section 3 to A to Z Tire Co., low bidders meeting
specifications in each section as recommended by Staff.
. /.~Jz.
Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
OCTOBER 16,.2002
To:
Steve Gillett, Director of Public Works
Susan Kelley, Purchasing Manager .d~
Bid # 0870 - Tires
From:
Subject:
Advertised,-Sealed Bids #0870 - Tires were opened and read on October 7, 2002. Bid
requests were mailed to eleven (11) area suppliers with two (2) returning bids.
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
..
If the award should go to the apparent low bidder, Carr's Tire, there would be a seven
percent (7%) increase over last year's bid. .
This bid may be placed on the agenda for the City Council meeting on October 28, 2002.
Please remember to submit your recommendation with an agenda request form to the
City Secretary and Purchasing Manager by the prescribed time. The following items
should be included:
~ Bid tabulation and bidder's list as backup
~ Date of requested council meeting
~ Explanation of recommendation, other than apparent low bid
Attachment: Bi~. Copies
Bid Tabulation
Bidder's List
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BID TABULATION
BID # 0870 - TIRES
....nn ... \011 T
DESCRIPTION QTY TIRE A TO Z TIRE
SECTION #1 . LIGHT VEHICLE TIRES
ITEM #1. . POLICE SPECIAL RADIAL
A. P225170 HR 15 Black 40 $47.00 $47.25
B. P225/60 R 16 Black 162 $47.00 $47.25
ITEM #1 TOTAL $9,494.00 $9,544.50
ITEM #2 . PASSENGER CAR TIRES
A.. P215/60 R 16 945 (057-789) 15 $38.00 $45.00
ITEM #2 TOTAL $570.00 $675.00
ITEM #3 . LIGHT TRUCKlTRAILER TIRES
A. P235175 R 15 20 $38.00 $45.50
B. P235170 R 16 10 $43.00 $46.50
C. LT225175 R 16 12 $54.00 $56.00
D. LT215/85 R 16 37 $56.00 $62.00
E. L T235/85 R 16 10 $61.00 $66.00
F. LT245175 R 16 6 $57.50 $66.00
G. LT255170 R 16 8 $44.00 $52.00
H. 7.50-16 L T LR "D" Bias Trailer Tire 4 $49.00 $48.00
ITEM #3 TOTAL $5,413.00 $6,005.00
SECTION #1 TOTAL $15,477.00 $16,224.50
SECTION #2 . HEAVY TRUCK & INDUSTRAIL TIRES
ITEM #1 . BACKHOE TUBELESS TIRES
A. 11L X 15F3 -10Ply 4 $61.00 $7~.00
B. 11 L X 16 F3 - 10 Ply 4 $63.00 $76.00
C. 20.5 X 25 - 12 Ply L-3 2 $340.00 $469.00
D. 18.4 X 30 - 8 Ply 1 $220.00 $369.00
E. 18.4 X 340-08 Ply R-1 1 $245.00 $820.00
F. 19.5LX24-10 PlvR-4 2 $235.00 $331.00
ITEM #1 TOTAL $2,111.00 $3,397.00
ITEM #2 - TRACTOR-TUBELESS TIRES
A. 25-8.50 X 14 Turf 4 Ply 1 $55.00 $55.00
B. 23-8.50 X 12 Turf 4 Ply 1 $32.00 $30.00
C. 13.6X 16Turf4 Plv 2 $112.00 $168.00
ITEM #2 TOTAL $311.00 $421.00
ITEM #3 - RADIAL TRUCK TIRES DRIVE TREAD
A. 10 R 2014 Ply F/5 T-546 3 $192.00 $209.00
B. 11 R 2016 Ply F/5 T-831 1 $225.50 $250.00
C. 11 R 22.514 Ply F/5 FD-663 30 $176.00 $179.00
ITEM #3 TOTAL $6,081.50 $6,247.00
ITEM #4 . RADIAL TRUCK TIRES HIGHWAY TREAD
A. 10.R 20 14 Ply F/5 T-559 1 $179.00 $213.00
B. 11 R 20 16 Ply F/S T-575 1 $205.00 $240.00
C. 11 R 22.5 14 Ply F/S T-559 8 $165.00 $163.00
D. 12 R 22.5 F/S T-575 LR "H" 2 $210.00 $235.00
E. 315/80 R 22.5 LR "J" 2 $233.00 $265.00
F. 385/65 R 22.518 Ply F/S T-839 15 $275.00 $302.00
ITEM #4 TOTAL $6,715.00 $7,287.00
ITEM $5 . TRUCK TUBES
A. 10 R 20 1 $12.46 $14.00
B. 11 R20 1 $18.75 $16.00
ITEM #5 TOTAL $31.21 $30.00
SECTION #2 TOTAL $15,249.71 $17,382.00
SECTION #3 - RECAP ONLY
ITEM #1 - TRUCK TIRES
A. 11 R 22.5 14 Plv 30 NO BID $92.00
SECTION #3 TOTAL NO BID $2,760.00
GRAND TOTAL $30,726.71 $36,366.50
Information reflects pricing only and other factors may be considered during evaluation
...
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BIDDER'S LIST
SEALED BID #0870 - TIRES
A TO Z TIRE & SA TTERY
4909 DACOMA
HOUSTON TX 77092
BEASLEY TIRE SERVICE
P.O. BOX 11556
HOUSTON, TX 77293-1556
CARR'S CITY TIRE
1316 N. MAIN
BAYTOWN,_TX 77521
DORSETT'S TIRE CENTER
-6630 SPENCER HWY
PASADENA, TX 77505
GCR HOUSTON TRUCK TIRE
299 GELLHORN
HOUSTON, TX 77013
GOODYEAR COMMERCIAL TIRE CENTER
4411 HOMESTEAD RD
HOUSTON, TX 77028
JMB TIRE & APPLIANCE CO.
P.O. BOX 2469
ALVIN, IX 77512
LA PORTE TIRE CENTER
1101 W. FAIRMONT PKWY
LA PORTE, TX 77571
STROUHAL'S TIRE & RECAPPING
3300 N. MCCARTY
HOUSTON, TX 77029
TIRE CENTER
9252 WILLlSVILLE RD
HOUSTON, TX 77013
TREADCO INCORPORATION
DBA WINGFOOT
1810 S. HWY 3
LEAGUE CITY, TX 77573
CHAMBER OF COMMERCE
P.o. BOX 996
LA PORTE, TX 77572-0996
PUBLISH DATES:
SEPTEMBER 22, 2002
SEPTEMBER 29, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Requested By: Steve Gillett
Soun:e of Funds: III Fund
Department: Public Works
Account Number: 018-9883-669-5110
Report: XX Resolution:
Ordinance:
Amount Budgeted: 5 60.000.00
Exhibits: Pun:hasine Memorandum
Amount Requested: 556.975.00
Exhibits: Bid Recao Sealed Bids #0867
Budge ed Item: X YES
NO
Exbibits:
~:"P.'n:a~r... L liS 1;
..~ -_'!:'~,~.. ....~. .~.
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0867 - T.Y., Cleaning & Removal of Roots in Sanitary Sewer Lines were opened and read
on October 7,2002. Bid requests were mailed to nine (9) vendors with five (5) returning bids.
Overall low bid meeting specifications was submitted by The Groce Company in the amount of $56,975.00. This bid
represents a 5% decrease over the current bid awarded two years ago.
Staff recommends award of bid to The Groce Company, overall low bidder meeting specifications. Funds for this
contract are budgeted in the InfiltrationlInflow portion of the Capital Improvements Program.
Action Required bv Council:
Award bid to The Groce Company, overall low bidder meeting specifications, as recommended by S~
/1J~;;!o;'
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Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
OCTOBER 16, '2002
To:
Steve Gillett, Director of Public Works
Susan Kelley, Purchasing Manager ~ ~
Bid # 0867 - TV, Cleaning & Removal of Roots in Sanitary Sewer Lines
From:
Subject:
Advertised, Sealed Bids #0867 - TV, Cleaning & Removal of Roots in Sanitary Sewer
Lines were opened and read on October 7, 2002. Bid. requests were mailed to nine (9)
area suppliers with five (5) returning bids.
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
If the award should go to the apparent low bidder, The Groce Company, there would be
almost.?l five percent (5%) decrease from. the bid current bid, awarded two (2) years ago.
This bid may be placed on the agenda for the City Council meeting on October 28, 2002.
Please remember to submit your recommendation with an agenda request form to the
City Secretary and Purchasing Manager by the prescribed time. The following items
should be included:
~ Bid tabulation and bidder's list as backup
>. Date of requested council meeting
> Explanation of recommendation, other than apparent low bid
Attachment:. Bid Copies
Bid Tabulation
Bidder's List
...
BID TABULATION - BID #0867
TV, CLEANING & REMOVAL OF ROOTS IN SANITARY SEWER LINES
SHUMAKER-
HARVEY
EQUIPMENT
KENNY
INDUSTRIAL
SERVICES
AAA FLEXIBLE SPECIALIZED
PIPE CLEANING I MAINTENANCE
SERVICES
THE GROCE
CO.. INC.
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$37,200.00
$2,500.00
$32.380.00
510.00
$1
$19,400.00
$23,940.00
$3,500.00
$3,750.00
$24,950.00
$1,280.00
$12.550.00
$2,450.00
$4,015.00
(
$1,225.00
950.00
575.00
$16,740.00
$700.00
$9,750.00
$1
$1
$18.070.00
$690.00
$10,920.00
$1,240.00
$2.790.00
$900.00
$1,410.00
PIPE CLEANING
Clean 6",8", !l10" Sewer Less Than
1/3 Pipe Debris - LF
Clean 6",8", & 10" Sewer Greater
Than 1/3 Pipe Debris - LF
Clean 12" & 15" Sewer Less Than
1/3 Pipe Debris - LF
Clean 12" & 15" Sewer Greater
Than 1/3 Pipe Debris - LF
Clean 18" & 21" Sewer Less Than
1/3 Pipe Debris - LF
Clean 18" & 21" Sewer Greater
Than 1/3 Pipe Debris - LF
DESCRIPTION
$2,800.00
$69,150.00
085.00
$1
$868.00
$332.50
$65,520.00
$43,390.00
$32,088.00
$32,322.50
TOTAL PIPE CLEANING
T.V. INSPECTION
Sewers 6" Through 21"
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$38,000.00
$28,000.00
$25,300.00
$22,800.00
'$22,420.00
ROOT REMOVAL
Root Removal in Sewers 8" &
$6,000.00
$8,000.00
$1,600.00
$2.000.00
250.00
$1
$950.00
10'
I Root
$2,250.00
$2,000.00
$1,250.00
$950.00
15'
12" &
Removal in Sewers
$3,500.00
$17,500.00
$875.00
347.50
$1
$437.50
$332.50
18" & 21
Removal in Sewers
Root
$4,725.00
$5,347.50
$74,037.50
$2,937.50
$57,825.50
$2,232.50
$56,975.00
TOTAL ROOT REMOVAL
GRAND TOTAL
$124,650.00
$98,245.00
the evaluation.
nformation reflects pricing only and other factors may be considered during
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BIDDER'S LIST
SEALED BID #0867
TELEVISING, CLEANING AND REMOVAL OF ROOTS
IN SANITARY SEWER LINES
AAA FLEXIBLE PIPE CO.
3900 UNDERWOOD RD.
LA PORTE, TEXAS 77571
CHIEF ENVIRONMENTAL SURVEYS
1535 N POST OAK RD
HOUSTON, TEXAS 77055
GROCE COMPANY
P.O. BOX 34605
HOUSTON, TX 77234-4605
INSITUFORM GULF SOUTH
16619 ALDINE WESTFIELD
HOUSTON, TX 77032
KENNY INDUSTRIAL
6900 NORTH LOOP EAST
HOUSTON, TX 77028
SEVERN TRENT ENVIRONMENTAL
283 LOCKHAVEN DR. SUITE 214
HOUSTON, TX 77073
SHE-CO
5716 JENSON DRIVE
HOUSTON, TX 77026
SOUTHWEST UNDERGROUND
8001 HERSHEY RD
HOUSTON, TX 77029
SPECIALIZED MAINTENANCE
4533 PASADENA BLVD
PASADENA, TX 77503
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BA YSHORE PUBLISH DATES:
SEPTEMBER 22, 2002
SEPTEMBER 29, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
.J
Requested By: Susan Kelle /La
Aoorooriation
Source of Funds: Computer/General Fund
Department:
Administrative Services
Account Number: Various Accounts
Report:
Resolution:
Ordinance:
Amount Budgeted: $59,062
Exhibits:
Bid Tabulation
Amount Requested: $58,722
Exhibits:
Bidder's List
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Sealed RFP #0099 for Microcomputer Systems & Components - Rebid were received on September 9,
2002. Requests for Proposals were mailed to thirteen (13) area suppliers, with three (3) returning
proposals. This contract is sent out for proposals on a yearly basis.
rn addition to computer parts, offerors were asked to provide pricing on assembly, configuration and
installation on site. During the evaluation process, Bass Computers withdrew their proposal due to the
fact they do not install on site. The remaining two (2) suppliers were asked to submit pricing of volume
licensing as an alternate. Although the volume licensing has a higher initial cost, savings would be
recognized over the long term due to MIS staff labor and future licensing costs.
Administrative Services staff met with Komputer + Peripherals and dEd- World, Inc. and verified
references. Staff determined both vendors meet all specifications and would be able to sufficiently honor
the computer contract. Using the evaluation criteria provided in the specifications, Komputer +
Peripherals provides the best proposal for the City of La Porte.
Staff Recommendation:
Staff recommends award of computer parts and installation to Komputer + Peripherals. Using estimated
quantities, the total cost would be $58,722, which is approximately an eight percent (8%) decrease from
last year's pricing. This contract is for a one (I) year period.
Action Required bv Council:
Award RFP #0099 for M;icrocomputer Systems & Components - Rebid in the amount of $58,722.
A
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RFP #0099 - BID TABULATION
MICROCOMPUTER SYSTEMS & COMPONENTS - REBID
KOMPUTER + dEd-WORLD, BASS
DESCRIPTION QTY PERIPHERALS INC. COMPUTERS
ATX Tower Chassis IW-V500 30 $39.00 $42.00 $42.00
ATX Tower Chassis IW-D500 2 $39.00 $39.00 $52.00
Rack-Mount Chassis 3 $569.00 $399.00 $496.00
ATX Motherboard D815EGEW 32 $100.00 $82.00 $90.50
Keyboard - E06101USB-C USB 30 $32.00 $31.00 $32.90
Keyboard - E06101D201-C 40 $12.00 $13.00 $13.65
Natural Keyboard Pro USB 2 $42.00 $53.00 $42.00
Mouse Pro PS/2 10 $14.00 $10.00 $36.50
Mouse Pro USB 32 $20.00 $10.00 $39.50
CPU - Celeron II (Mounted) 32 . $56.00 $68.50 $59.00
CPU - Celeron II (Mounted, boxed w/fa 4 $56.00 $68.50 $65.00
265MB Ram Chips 32 $38.00 $34.00 $45.00
512MB Ram Chips 8 $70.00 $63.00 $72.00
Fixed Disk Drives - WD200BB 20GB 32 $69.00 $68.00 $70.75
Fixed Disk Drives - ST318451LC 2 $229.00 $226.50 $269.00
Floppy Disk Drives - 1.44 MB - 3.5 30 $10.00 $10.25 $10.50
CD-ROM Drives - 52X IDE 32 $25.00 $25.00 $26.50
CD-ROM Drives - IDE Rewritable 25 $115.00 $128.00 $129:00
Monitors - FE700M Flat Screen 15 $209.00 $205.50 $225.00
Monitors - TFT LCD1550M . 2 . $427.00 $445.50 $479.00
Display Cards - 64MB AGP 4 $88.00 $86.50 $96.00
Modem - H08-15328 External 2 $69.00 $64.00 $86.75
Network Hardware - Pro/100 32-Bit 5 $35.00 $36.00 $33.50
Network Hardware - 3Com SuperStack 4 $2,012.00 $2,075.00 $2,397.00
Network Hardware - Starter Kit 2 $275.00 $280.00 $330.00
Printer HP Laser Jet 1200 1 $365.00 $387.25 $436.00
Printer HP LaserJet 1200N 2 $536.00 $573.50 $653.00
Printer HP LaserJet 2600DN 1 $1,246.00 $1,281.00 $1,446.00
Printer HP LaserJet 8150DN 1 $2,772.00 $2,892.00 $2,874.00
Printer HP DeskJet 2250TN 2 $843.00 $915.00 $991.50
Scanners - HP 4470cxi - Color 2 $139.00 $136.00 $154.00
Operating Systems - XP Pro 32 $139.00 $140.00 $139.00
Microsoft Windows Server w/25 CAL 1 $1,299.00 $1,446.00 $1,255.00
Microsoft Office XP@ Pro 32 $290.00 $304.00 $299.00
Assembly & System Configuration 30 No Charge $25.00 $60.00
Installation & Configuration 30 $30.00 $25.00 $62.50
TOTAL $55,490.00 $55,383.25 $62,953.00
ALTERNATE PROPOSAL
Microsoft Office XP@ Pro 32 $391.00 $409.00 N/A
Volume Licensing
TOTAL $58,722.00 $58,743.25
Information reflects pricing only and other factors may be considered during the evaluation
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BIDDER'S LIST
RFP #0099
MICROCOMPUTER SYSTEMS AND COMPONENTS - REBID
AMT, INC.
20 FEDERAL PlAZA WEST
PHAR-MOR CENTRE, 2ND FLOOR
YOUNGTOWN, OH 44503
BASS COMPUTERS INC
3770 WESTCHASE DR
HOUSTON TX 77042
BUSINESS INT~GRA TORS
3130 ROGERDALE, SUITE #100
HOUSTON TX 77042
COMPUSA
1013 WEST BAY AREA BLVD
WEBSTER TX 77598
DED-WORLD INC
1851 GULF FREEWAY
LEAGUE CITY, TEXAS 77573
COMPUTIZE CORP
1008 WIRT RD., SUITE 140
HOUSTON I TEXAS 77055
DIRECTRON.COM
10641 HARWIN DRIVE
HOUSTON, TX 77036
KOMPUTER PLUS PERIPHERALS
11750 WILCREST DR
HOUSTON TX 77099
MULTI-COM COMPUTERS
17000 EL CAMINO REAL, SUITE 304A
HOUSTON TX 77058
MCSi
747 N SHEPERD, SUITE A-800
HOUSTON, TX 77007
MULTI-SYSTEMS SUPPORT
12701 VETERANS MEMORIAL, STE 105
HOUSTON TX 77014
MILLENNIUM COMPUTERS
9700 FONDREN
HOUSTON TX 77096
PC OUTLETINC
5702 GARTH RD, STE 300
BAYTOWN TX 77521
CHAMBER OF COMMERCE
PO BOX 996
. LA PORTE TX 77572-0996
BA YSHORE SUN PUBLISH DATES:
AUGUST 25, 2002
SEPTEMBER 1, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date ~equested:
Aoorooriation
Requested By:
Source of Funds:
Com outer Fund
Department:
Administrative Services
Account Number: 023-9906-580-8011
Report:
Resolution:
Ordinance:
Amount Budgeted: $29,000
Exhibits:
Bid Tabulation
Amount Requested: $26,760
Exhibits:
Bidder's List
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City is currently using ltron hand-held computer units to read water meters for Utility Billing. These
units are almost 15 years old and [tron is ceasing support for hardware and software effective December
31, 2002. Therefore, aU units must be replaced and a more current software utilized.
Sealed RFP #0100 for Itron Hand-held Computers (water meter reading units) were received on
September 9, 2002. Requests for Proposals were mailed to five (5) suppliers provided by the
manufacturer with three (3) returning proposals.
During the evaluation process, staff discovered the Viena software specified in the RFP is very new to the
United States and all three of the offerors recommended MVRS software. In researching this software,
staff confirmed MVRS has been used for years and interfaces well with HTE, while as of this date, the
Viena software is yet to be interfaced with HTE. Each offeror was asked to submit an alternate proposal
for the MVRS software.
Administrative Services staff held telephone conference calls with all three (3) offerors and verified
references for each. Using the evaluation criteria provided in the specifications, Mountain States Pipe and
Supply provides the best proposal for the City of La Porte.
StatTRecommendation:
Staff recommends Council award the hand-held computer units, MRVS software, and implementation!
training to Mountain States Pipe and Supply in the amount of $23,340. [tron, as the manufacturer,
contracts directly with the user for all maintenance and support costs. The 1st year of maintenance and
support will be $3,420.
Action Required bv Council:
Award RFP #0100 for Itron Hand-held Computers in the amount of $26,760 to include computer units,
implementation and training, MVRS software and one (1) year of maintenance and support..
/oj:Jj;z,
Dale'
BID TABULATION
ITRON HAND-HELD COMPUTERS & SOFTWARE
RFP # 00100
SOUTHEASTERN
DATA
COOPERATIVE
$2,775.00
MOUNTAIN
HOMETOWN I STATES PIPE &
QTY I CONNECTIONS SUPPLY
5' $2.550.00 $2.875.00
DESCRIPTION
tron G5 Hand-held Computer
e:
$445.00
$445.00
$445.00
5
Charging & Communications Cradle (POD)
$100.00
$100.00
$10.0.00
2
Power Supply to Support 3 Cradles
$60.00
$15.00
$15.00
1
POD Cradle Cable to PC
$4,500.00
$2.800.00
$5,050.00
1
Total of Units & ImplementationlTraining
mplementationlTraining
$20,860.00
$19,615.00
$20,240.00
$3,500.00
$3,500.00
$2,750.00
Grand Total using Viena Software
tron Viena Software
$24,360.00
$23,115.00
$22,990.00
ALTERNATESOF~ARE
tron MVRS Software
e
$5,000.00
$3,820.00
$3,100.00
1
$25,860.00
$23,435.00
$23,340.00
Grand Total using MVRS Software
Annual Maintenance & Software Support
$3,420.00
$3,420.00
$3,420,00
1
$29,280.00
$26,855.00
$26,760.00
Total Expense for 1st Year
No Bid
No Bid
No Bid
5
Trade-in Allowance
tron DCH II Hand-held Computer
the evaluation process
nformation reflects pricing only and other factors may be considered during
e
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BIDDER'S LIST
RFP #0100 -ITRON HAND-HELD COMPUTERS & SOFTWARE
DAFFRON & ASSOCIATES
1310 BUSNIESS HWY 61 SOUTH
BOWLING GREEN, MO 63334
HOMETOWN CONNECTIONS
. 122564 W 83RD WAY
ARV ADA, CO 80005
MOUNTAIN STATES PIPE & SUPPLY
111 WEST LAS VEGAS
COLORADO SPRINGS, CO 80903
NATIONAL INFORMATION SOLUTIONS
P.O. BOX 76900
ST. PETERS, MO 63376
SOUTHEASTERN DA TA COOPERATIVE, INC
1600 ANN BRANED BLVD., APT. #1025
NORMAN, OK 73071
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BA YSHORE SUN PUBLISH DATES:
SEPTEMBER 1, 2002
SEPTEMBER 8, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 28. 2002
.J~
Requested By: Susan Kellev/Steve Gillett
Aporooriation
Source of Funds: General Fund
Department:
Administrative Services
Account Number: Various
Amount Budgeted: $236,100
Report:
Resolution:
Ordinance:
Exhibits:
Bid Tabulation
Amount Requested: $258,173.20
Exhibits:
Bidder's List
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Advertised, Sealed Bid #0868 for Gasoline and Diesel Fuel were opened and read on October 7, 2002. Bid
requests were mailed to ten (10) area suppliers with three (3) returning bids. This contract is bid a minimum of
once every two (2) years, with two (2) additional one (1) year optional renewal periods
Bidders were asked to submit pricing above (+) or below (-) the Oil Price Information Survey (OPIS) low rack
pricing, high-low average for the Houston area which is published weekly.
Apache Oil Company submitted low bid meeting specifications. The following illustrates the cost difference
from our current pricing, contracted four (4) years ago.
Description Current Proposed Difference
Bulk delivery (6,000+ gallons) Be/ow OP IS Above OP IS
Plus Unleaded -.0221 + 0301 +.0522
Regular Unleaded N/A +.0301 N/A
Diesel #2 w/additive -.0056 +.0424 +.0480
Non-bulk delivery (<1,000 gallons) Above OP IS Above OP IS
Regular Unleaded +.0190 + .1625 +.1435
Diesel #2 w/additive +.0190 +.1925 +.1735
Staff Recommendation:
Staff recommends award of fuel to Apache Oil. Using OPIS pricing during the week of October 21, 2002, the
estimated yearly cost would be $258,173.20, including an additional $.2000/gallon excise tax. This represents a
six percent (6%) increase over current pricing (using the same OPIS sheet). This contract is for two (2) years with
two (2) additional one (1) year optional renewal periods.
Action Required bv Council:
Award Bid #0868 for Gasoline and Diesel Fuels in the amount of$258,173.20.
/#;k~
Date '
.
.
BID TABULATION
BID # 0868 - GASOLINE & DIESEL FUEL
~. ~_.._ UIL I:>>UN
DESCRIPTION QTY COMPANY BAY OIL CO RESOURCES
ITEM #1 - MORE THAN 6,000 GALLONS
Plus Unleaded 72,000 0.0301 0.0400 0.0400
Regular Unleaded 60,000 0.0301 0.0400 0.0400
Diesel #2 w/additive 80,000 0.0424 0.0400 0.0400
ITEM #2 - LESS THAN 1,000 GALLONS
Regular Unleaded 6,000 .1625 .0800 .2000
Diesel #2 w/additive 4,000 .1925 .0800 .2000
Information reflects pricing only and other factors may be
considered during the evaluation process
.
.
BIDDER'S LIST
SEALED BID #0868 - GASOLINE AND DIESEL FUEL
ADA RESOURCES, INC
6603 KIRBYVILLE
HOUSTON, TX 77033
APACHE OIL CO., INC
P. O. BOX 177
PASADENA, TX 77501
BAY OIL COMPANY
P.O. BOX 1367
DICKINSON, TX 77539
A TIN: BROOKS SMITH
H & W PETROLEUM CO., INC. .
9617 WALLlSVILLE RD.
HOUSTON; TX 77013
ATIN: MIKE TOOMBS
JAM DISTRIBUTING
P.O. BOX 590026
HOUSTON, TX 77259-0026
JONES OIL
4828 N. SHEPHERD DRIVE
HOUSTON, TX 77018
KING FUELS, INC
14825 WILLIS RD
HOUSTON, TX 77039
O'ROURKE DISTRIBUTING
223 McCARTY DRIVE
HOUSTON, TX 77029 .
SUN COAST RESOURCES
6922 CAVALCADE
HOUSTON, TX 77028
THOMAS PETROLEUM
P.O. BOX 21740
BEAUMONT, TX 77720
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 22, 2002
SEPTEMBER 29, 2002
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REtuEST FOR CITY COUNCIL AENDA ITEM
Agenda Date Requested:
ADDrooriation
Requested By: Carol Buttler
Source of Funds:
Department:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Executive Summary (slides)
Amount Requested:
Exhibits:
ChaDter 172 of Local Government Code
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
By Interlocal Agreement, the City of La Porte contracts with the Texas Municipal League Intergovernmental Employee
Benefits Pool (TML-IEBP), the City's Third Party Administrator (TPA), only for administration of employee health claims
and continuation of coverage services.
TML-IEBP notified Human Resources that, due to recent legislation including self-funded entities, the City of La Porte
should ask our City Attorney to contact TML legal counsel and discuss formal adoption of Chapter] 72 of the Texas Local
Government Code. City staff, the City Manager, the City Attorney, and a representative from the City's health benefits
consultant participated in a conference call with TML legal counsel concerning Chapter 172 provisions.
Chapter 172 (Texas Political Subdivision Employees Uniform Group Benefits Program Act), enacted in 1989 by the 7] 5\
Legislature, governs establishment and administration of health benefits for political subdivision employees. Because the
City of La Porte partially self-funds health benefits coverage for its employees, adoption of Chapter 172 would formally
establish the City of La Porte as a risk pool (self-funded entity). Otherwise, the City would be: I) considered to operate as
an insurance company under the Texas Department of Insurance Code, 2) required to obtain an insurance license, and 3)
required to follow all related regulations.
Highlights (Executive Summary and Chapter 172 attached):
. Exempted from compliance with current' Texas Department of Insurance (TDI) regulations. .
. According to TML-in-house legal counsel, designation as a Chapter ] 72 entity can be a legal defense issue when an
entity's health plan is challenged.
. Appointed Trustees would require 16 hours of annual training provided at no cost by TML-IEBP Director and legal
counsel (within 180 days of effective date or trustee selection date).
. Required to submit a formal CPA audit to the TDI.
. Excessive loss coverage must be provided or employees must be notified formally that this coverage is not provided.
Staff Recommendation
Receive presentation from TML-IEBP representatives, review workshop material, and provide direction
to staff.
Action Required bv Council:
Provide direction to staff how to proceed with an ordinance adopting Chapter In to be effective
January 1,2003.
enda
D.t!M/~
-
-
Trustee Training
Chapter 1 72 of the Lo overnment
Code
City of La Porte
rements for
apter A 72
.
I
High ights (
Risk Pool under
-
. Enacted in 1989 in respon
of Educators Group Health Tru
Municipalities previously had no
funding statutory.authority. Under the
Texas Insurance Code, contracting to
reimburse employees for medical expense
would otherwise be "insurance"
-
rements for
A72
apter
.
I
High igh
Risk POOl under
IS 0
. Political Subdivision may se1f~
- Coverages
. Accident
. Health
. Dental
. Long-term disability
- Persons/employees (at least 20 hours a
week)/ dependents/retirees
- 2001 amendment May also include employees
of "affiliated contractors" and dependents
-
rements for
apter 172
.
I
High igh
Risk POOl under
IS 0
. Pool may be for single entity 0
multiple units through Interlocal
- Coverage may not be represented as
unless purchased under contract from a
.
Insurer
e Contributions to the Pool must be
maintained in a separate fund
rements for
"72
apter
.
I
High igh
Risk POOl under
-
Must make thorough investigatio
experience, and financial qualification
Third Party Administrator or other entity
employed to administer benefits
. Must be operated by a Board of Trustees, a:
highly recommended that a proper trust docum
be adopted
.
- Attorney may not represent both Pool and
Administrator without disclosure to Trustees
-
High ights quirements for
Risk Poa under aoter.172
..trustees must fiave 1 b hour rtralnlng In
specified areas dealing with es .shment
and operation of the Pool, within ay
of appointment. The areas are as fol
- law governing the establishment and operation
pools by political subdivisions;
- principles of self-insurance. and risk pools, includill
actuarial and underwriting principles and investmen'
principles;
- principles relating to reading and understanding
financial statements; and
the general fiduciary duties
of Trustees
-
for
72
remenIS
apter 04
.
I
High ights (
Risk Pool under
Must either carry excess los
reinsurance, or .notify each covered pel
that there is no coverage, or that it has be
cancelled or non-renewed.
.
. Must invest according to the Public Funds
Investment Act or the Texas Trust Code
financial audit by CP A and fil
Department of Insurance (TDI)
Must have annual
audit with Texas
.
rements for
A72
apter
.
I
High ights (
Risk Pool under
-
. Trustees must declare inso
operation if Pool is unable to pay
within 60 days of verification
. Pool coverage is not insurance an
not subject to TDI regulation (entities
operating outside of Chapter 1 72 may not
enjoy this exemption)
rements for
apter 172
.
I
High ights 0
Risk Poa under
-
, s right
. Pool is subrogated to the emplo
of recovery for personal injury ca.
tortious conduct of third parties; inju
must first be made whole under Texas
Association of School Boards v . Ward
--
Statutes on
· k Poo s
..4
mpact of
Chapter
e Not subj ect to the provisions 0
Employee Retirement Income Sec
("ERISA") regarding welfare benefi
Statutes on
· k Poo s
72
,.
mpa
Chapter
Ct of
e
May be subject to yarious provisions
Insurance. Portability & Accountability
("HIP AA") if there has been no "opt-out" e
including limitations on pre-existing conditio
exclusion periods, special enroll~ent periods :D
individuals (and dependents) losing other covera
prohibitions against discriminating against indivi
participants and beneficiaries based on health status
standards relating to benefits for mothers and
newborns, parity in the application of certain lin
mental health benefits and treatment of the non-
affected breast following a mastectomy.
e Health
.
Statutes on
"kP
OOIS
-4.
mpaCt
Chapter
e
. Regardless of "opt-out," are su
HIP AA provisions regarding (a) i
certificates of creditable coverage an
privacy and confidentiality.
Statutes on
· k Poo s
.-..
mpact of
Chapter
e
as ( a)
(b)
. Subject to other federal laws s
continuation of coverage ("COB
the Pregnancy Discrimination Act,
Discrimination in Employment Act
("ADEA") and the Older Workers Be
Protection Act ("OWBP A"), and (d)
requirements and pronouncements of the
Equal Employment Opportunity
Commission ("EEOC").
Statutes on
· k Poo s
,.
mpa
Chapter
-
Open Meetin
e Subject to Texas
Records laws
e Subject to any provisions of the Tex
Insurance Code which apply to Chapte
pools or otherwise indicate that the statu
includes the factual situation of the Pool.
nsurance Code
tical
ons*
which are arguably applicable f ~f-funded or pooled poli
subdivisions (end references a to article numbers)
e
. Applicable "Notwithstanding"
Local Government Code exempti
- Colorectal cancer (1-1-02) 21.538
- Childhood immunizations (1-1-98)
screening test (1-1-00) 21.53F
- Diabetes Care (1-1-99) 21.53D
- Access to Certain Obstetrical/Gynecological
Care (1-1-98) 21.53D
- Prostate cancer (1-1-98) 21.53F
nsurance Code
itica
It
ons*
which are arguably applicable to ' If-funded or pooled pol
subdivisions (end references a 0 article numbers)
"Self-Funded" 0
. Applicable to
Insured"
(01/01/88) 3.51-
- In-Vitro fertilization
3A
- Chemical Depend~ncy 01/01/90) 3.51-9
- AIDS (1-1-90) and Serious Mental Illness
(01/01/92) 3.51-5A
- Dependent Grandchildren (1-1-94, amended
01/01/02) 3.70-2 .
e
nsurance Code
sions*
f-funded or pooled politlca
,0 article numbers)
not licensed
e law of
ih
which are arguably applicable
subdivisions (end references a
e Applicable to "any other en
under this code or another insu'
this state that contracts directly fo
care services on a risk-sharing ba,
. Certain Bone and Joint Procedures (01/01
21.53A
Minimum Inpatient Stay in Health Care Faci
and Post delivery Care Following Birth of ChI'
(01/01/98) 21.53F
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nsurance Code
isions*
which are arguably applicable to If-funded or pooled politica
subdivisions (end references a o article numbers)
· Craniofacial Abnormalities (01/ 0) 21.53W
· Health Benefit Plans for Children (1
Chapter 27
. Genetic Testing (01/01/98) 21.73
· Certification of coverage (07/01/97) 21.52
. Group Coverage of Certain Students (01/01/
amended 01/01/02) 21.24-2
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CHAPTER 172. TEXAS POLITICAL SUBDIVISIONS UNIFORM GROUP BENEFITS
PROGRAM
~ 172.001. Short Title
This chapter may be cited as the Texas Political Subdivision Employees Uniform Group Benefits
Act.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.002. Purpose
The purpose of this chapter is to:
(l) provide uniformity in benefits including accident, health, dental, and long-term disability
coverage to employees of political subdivisions;
(2) enable the political subdivisions to attract and retain competent and able employees by
providing them with accident and health benefits coverages at least equal to those commonly
provided in private industry;
(3) foster, promote, and encourage employment by and service to political subdivisions as a
career profession for persons of high standards of competence and ability;
(4) recognize and protect the political subdivisions' investment in each permanent employee by
promoting and preserving economic security and good health among those employees;
(5) foster and develop high standards of empt'oyer-employee relationships between each political
subdivision and its employees;
(6) recognize the service to political subdivisions by elected officials by extending to them the
same accident and health benefits coverages as are provided for political subdivision employees;
and
(7) recognize the long and faithful service and dedication of employees of political subdivisions
and to encourage them to remain in service of their respective political subdivisions until eligible
for retirement by providing health benefits to those employees.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.003. Definitions
In this chapter:
(1) "Employee" means a person who works at least 20 hours a week for a political subdivision.
(2) "Political subdivision" means a county, municipality, special district, school district, junior
college district, housing authority, or other political subdivision of the state.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.004. Benefits Contract
(a) A political subdivision or a group of political subdivisions pursuant to The lnterlocal
Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes) directly or through a risk
pool may provide health and accident coverage for political subdivision officials, employees, and
retirees or any class of officials, employees, or retirees.
(b) The types of coverage that may be provided include group health and accident, group dental,
accidental death and dismemberment, and hospital, surgical, and medical expense.
( c) A political subdivision also may include under the coverage dependents of the officers,
employees, and retirees.
(d) A pool's board of trustees may.provide coverage for the trustees and the pool's staff,
including persons with whom the pool has contracted to perform staff functions, on approval of
the members of the pool.
Added by Acts 1989, 71st Leg., ch. 1067, ~ I, eff. Sept. 1, 1989.
~ 172.005. Risk Pool
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(a) A political subdivision may establish a risk pool or may enter into an interlocal agreement
under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes) with
other political subdivisions to establish a risk pool to provide health and accident coverage for
officials, employees, retirees, and their dependents.
(b) Contributions paid by a political subdivision's officials, employees, and retirees for coverage
shall be deposited to the credit of the risk pool's fund and used as provided by rules of the risk
pool.
(c) A pool by contract may purchase insurance coverage for persons who are covered by the pool
from an insurance company authorized to do business in this state.
(d) A pool or its agents may not represent to persons who apply for coverage or who are covered
by the pool that the coverage being provided is insurance unless the coverage is by contract
purchased from an insurance company authorized to do business in this state.
(e) A risk pool organized under this section is a legal entity that may contract with an insurer
licensed to do business in Texas to assume any excess of loss of a benefit contract authorized
under Section 172.004. Notwithstanding any provision of the Insurance Code or any other law
governing insurance in this state, an insurer authorized to do business in Texas may assume the
excess ofloss of the benefit contract under Section 172.004.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd
Leg., ch. 611, ~ 1, eff. Aug. 26, 1991.
~ 172.006. Supervision and Administration of Pool
(a) A political subdivision or a group of political subdivisions that create a risk pool shall select
trustees to supervise the operation of the pool.
(b) A pool may be administ~red by a staff employed by the pool, an entity created by the
political subdivision or group of political subdivisions participating in the pool, a staff or entity
that administers another pool established under this chapter, or a third party administrator.
(c) Before entering into a contract with a person to be a third party administrator of the pool, the
trustees shall require that person to submit information necessary for the trustees to evaluate the
background, experience, and financial qualifications and solvency of that person. The
information submitted by a prospective administrator other than an insurance company must
disclose:
(1) any ownership interest that the prospective administrator has in an insurance company, group
hospital service corporation, health maintenance organization, or other provider of health care
indemnity; and
(2) any commission or other benefit that the prospective administrator will receive for
purchasing services or coverage for the pool.
(d) An attorney employed by a third party administrator, provider of excess loss coverage, or
reinsurer may not be simultaneously employed by the pool unless, before the attorney is
employed by the pool, the third party administrator, provider of excess loss coverage, reinsurer,
or attorney discloses to the pool's board of trustees that the attorney is employed by the
administrator, provider, or reinsurer.
( e) If the state enacts a law providing for the licensing or registration of third party
administrators, a risk pool in contracting for administrative services may only contract for
services of a third party administrator licensed or registered under that law. This subsection does
not apply to a nonprofit corporation that is acting solely on behalf of the risk pool or other pools
or administrative agencies established under The Interlocal Cooperation Act (Article 4413(32c),
Vernon's Texas Civil Statutes).
.
e
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 988, ~ 1, eff. Sept. 1, 1999.
~ 172.007. Trustee Training
(a) Trustees who act as fiduciaries for a risk pool must have at least 16 hours of combined
professional instruction with four hours of instruction in each of the following areas:
(I) law governing the establishment and operation of risk pools by political subdivisions;
(2) principles of self-insurance and risk pools, including actuarial and underwriting principles
and investment principles;
(3) principles relating to reading and understanding financial statements; and
(4) the general fiduciary duties of trustees.
(b) Not later than the 180th day after the date of selection as trustee, or after the effective date of
this chapter, whichever is the later date, a trustee must complete the training required by
Subsection (a). .
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.008. Excess Loss Coverage and Reinsurance
(a) A risk pool may purchase excess loss coverage or reinsurance to insure a pool against
financial losses that the pool determines might place the solvency of the pool in financial
jeopardy.
(b) If a risk pool does not purchase excess loss coverage or reinsurance, the administrator shall
give written notice to each person who applies for coverage from the pool that the pool does not
maintain excess loss coverage or reinsurance. The administrator shall provide the notice before
coverage is issued to an applicant and shall give the applicant the opportunity to decline the
coverage.
( c) If a risk pool cancels or does not renew excess loss coverage or reinsurance, the administrator
shall give notice to each person covered by the pool that the coverage has been canceled or has
not been renewed and shall give each an opportunity to cancel his coverage. The administrator
must give the notice and opportunity to cancel coverage not later than the 30th day aft~r the date
on which the pool cancels or does not renew the excess loss coverage or reinsurance.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. I, 1989.
~ 172.009. Investments
(a) The trustees of a risk pool shall invest the pool's money in accordance with Subchapter A,
Chapter 2256, Government Code to the extent that law can be made applicable.
(b) In addition to investments authorized under Subchapter A, Chapter 2256, Government Code,
the trustees of a pool may invest the pool's money in any investment authorized by the Texas
Trust Code (Subtitle B, Title 9, Property Code).
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th
Leg., ch. 76, .~ 5.95(11), eff. Sept. 1, 1995.
~ 172.010. Audits
(a) The trustees of the pool shall have the fiscal accounts and records of the risk pool audited
annually by an independent auditor.
(b) The person who performs the audit must be a certified public accountant or public accountant
licensed by the Texas State Board of Public Accountancy.
(c) The independent audit shall cover a pool's fiscal year.
(d) The trustees of the pool shall file annually with the S~ate Board of Insurance a copy of the
audit report. The State Board of Insurance shall maintain the copies of the audit reports at a
convenient location and shall make the copies of the audit reports available for public inspection
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during regular business hours. A person may request the State Board of Insurance to provide
copies of any item included in an audit report on payment of the cost of providing the copies.
The State Board of Insurance may adopt rules governing the time and manner for filing audit
reports under this subsection and the procedures for filing, inspecting, and obtaining. copies of
audit reports.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. I, 1989. Amended by Acts 1991, 72nd
Leg., ch. 599, ~ 15, eff. Sept. 1, 1991.
~ 172.011. Insolvency
(a) The trustees of a risk pool shall declare the pool insolvent if the trustees determine that the
pool is unable to pay valid claims within 60 days after the date the claims are verified.
(b) If a pool is declared insolvent by the trustees, the pool shall cease operation on the day of the
declaration, and the trustees shall provide for the disposition of the pool's assets, debts,
obligations, losses, and othet: liabilities.
(c) A person who has coverage under a risk pool may institute proceedings to have the pool
declared insolvent by petitioning a district court in Travis County to declare the pool insolvent. If
the district court, after notice and hearing, determines that the pool is insolvent, the court shall
appoint a receiver to take charge of and dispose of the pool's assets, debts, obligations, losses,
and other liabilities. Except as provided by this chapter, a receivership under this section is
governed by Chapter 64, Civil Practice and Remedies Code, to the extent that chapter can be
made applicable.
(d) After a receiver takes charge of the assets and determin,es outstanding debts, obligations,
losses, and other liabilities, the receiver shall give notice of his determination to any person,
including a political subdivision that is a participant in the pool.
(e) If the receiver determines that money is owed to the pool by a political subdivision that is a
participant in the pool, the political subdivision may protest the determination by filing with the
court a protest statement not later than the 15th day after the date the notice of the receiver's
determination is mailed.
(f) If a court in which a protest statement is filed determines after a hearing that an amount is
owed by the political subdivision filing the protest statement, the political subdivision shall pay
that amount to the receiver not later than the 30th day after the date on which the court's
determination becomes final. A determination by a court on a protest statement is interlocutory.
(g) If a protest statement is not filed with the court, the political subdivision shall pay to the
receiver the amount determined to be owed not later than the 30th day after the date on which the
receiver mails the notice under Subsection (d).
(h) The court that appoints a receiver may direct that a reasonable fee be paid to the receiver as
compensation for performance of responsibilities and duties and may assess each political
subdivision that is a participant in the pool under the receiver's control an amount necessary to
compensate the receiver.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. I, 1989.
~ 172.012. Limitation of Risk Pools
(a) Except as provided by Subsection (b), a county may not provide health and accident coverage
through a risk pool under this chapter, except:
(1) as authorized by Subchapter A, Chapter 157; or
(2) through an interlocal contract entered under The Interlocal Cooperation Act (Article
4413(32c), Vernon's Texas Civil Statutes) with other political subdivisions of this state if the
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aggregate annual contributions to the pool will exceed $1 million based on an actuarial estimate
by an actuary who is a member of the American Academy of Actuaries.
(b) A county with a population of fewer than 500,000 may create and provide coverage through a
pool if the aggregate annual claims, contributions, or both claims and contributions to the pool
will exceed $300,000 based on an actuarial estimate by an actuary who is a member of the
American Academy of Actuaries.
Added by Acts 1989, 71st Leg., ch. 1067, ~ I, eff. Sept. I, 1989. Amended by Acts 1991, 72nd
Leg., ch. 649, ~ 1, eff. Aug. 26, 1991.
~ 172.013. Payment of Contributions and Premiums
(a) A political subdivision may p~y all or part of the contributions for coverage under this
chapter from local funds, including federal grant or contract pass-through funds, that are not
dedicated by law to some other purpose.
(b) A political subdivision also may pay all or part of the contributions for coverage for officers,
employees, retirees, and dependents.
(c) On written approval of an officer or employee, a political subdivision may deduct from the
officer's or employee's compensation an amount necessary to pay that person's and his
dependents' contributions. A retiree may authorize in writing the person who pays his retirement
benefits to deduct from those benefits an amount sufficient to pay the retiree's and his
dependents' contributions.
(d) State funds, except federal grant or contract funds passed through the state to its political
subdivisions, may not be used to purchase coverage or to pay contributions under this chapter.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.014. Application of Certain Laws
A risk pool created under this chapter is not insurance or an insurer under the Insurance Code
and other laws of this state, and the State Board of Insurance does not have jurisdiction over a
pool created under this chapter.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
~ 172.015. Subrogation
The payor of employee benefits, whether a political subdivision, group of political subdivisions,
pool, or carrier providing reinsurance to one of those entities, shall be subrogated to the
employees' right of recovery for personal injuries caused by the tortious conduct of a third party.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1, 1989.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Aoprooriation
Requested By:
Source of Funds: Medical Fund
Department:
Account Number: 014-6144-515-6011
Report:
Resolution:
Ordinance: X
Amount Budgeted:
3,500,000.00
Exhibits:
Ordinance
Amount Requested: 1,li;RRfUlO 00
Budgeted Item:0s J NO
Exhibits:
Sl"hpdnlp of Propo!llpd Rpnpfit!ll C.hangP!ll
SUMMARY & RECOMMENDATION
At the July 15, 2002, City Council meeting, staff presented a status report on the Employee
Health Services Fund. Due to rising costs of health care services, Council was notified of the
need to implement several changes to the medical fund. As part of the FY2002-2003 budget,
Council approved an increase of the City's contribution to the medical fund by approximately
29% (from $3,500.00 to $4,500.00) per employee. Although the City would continue 100% of
contributions for employee only coverage, employees were required to double their contributions
toward dependent coverage effective October 1, 2002. Contributions by retirees remain
unchanged at this time.
The City must implement even more changes during the current budget year. Staff, the City's
Third Party Administrator (TML-IEBP), and benefits consultant (The Welch Company) propose
changes to the Medical Plan Design (Exhibit A) to become effective January 1, 2003. How the
medical plan is designed determines the percentages of benefits employees would receive for
health care and out-of-pocket dollars employees should expect to pay.
Based on annualized claims for 2002, ($2,700,000.00) the City anticipates savings from the
medical plan redesign of approximately $309,000.00 for the 2003 benefit year, in addition to the
estimated $300,000.00 increased contribution by the City.
Staff Recommendation
Adopt an ordinance authorizing redesign of the medical plan (Exhibit A).
Action Required bv Council:
Adopt an ordinance authorizing redesign of the medical plan (Exhibit A).
/y.rp~
Date
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ORDINANCE NO. 2002- ;}S'1+
AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT AMENDING THE
MEDICAL PLAN DESIGN, PROVIDED BY THE CITY OF LA PORTE AND
ADMINISTERED BY THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL
EMPLOYEE BENEFITS POOL (TML-IEBP), TO BE EFFECTIVE JANUARY 1,2003;
AUTHORIZING THE CITY MANAGER TO SIGN SAID CONTRACT; MAKING
VARIOUS FINDlNGS AND PROVISIONS RELATlNG TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCa 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 authorizes the amended medical plan design as
described in Exhibit A for employee health claims, to be funded from City of La Porte Employee
Health Services Fund Account No. 014-6144-515-6011.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, 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.
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ORDINANCE NO. 2002-.
PAGE 2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it
is so ordered.
PASSED AND APPROVED, this 28th day of October 2002.
CITY OF LA PORTE
BY:~~~
" Norman L. Malone
Mayor
ATTEST:
~t!.a cf;lIj
M a A. Gillett
City Secretary
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"Exhibit A"
HEALTH SERVICES PLAN DESIGN
CURRENT PROPOSED FOR 2003
MAxIMUM LIFETIME BENEFIT $1,000,000.00 $1,000,000.00
CO-PAY
All doctors $15.00 $25.00
DEDUCTIBLE
Individual:
In Network $200.00 $300.00
Non-Network $400.00 $600.00
Family (3 or more):
In Network $600.00 $900.00
Non-Network $1,200.00 $1,800.00
COINSURANCE
In Network 90% /10% 80% / 20%
Non-Network 70% / 30% 50% / 50%
OUT-OF-POCKET MAxIMUM (employee portion)
Individual:
In Network $1,000.00 $1,500.00
Non-Network No maximum No maximum
Family:
In Network
Non-Network
$2,500.00
No maximum
$3,000.00
No maximum
PRESCRIPTIONS (Rx)
Deductible
$50.00
$50.00
Retail (employee portion):
Generic
Preferred (Formulary)
Non-Formulary + Others
10.00
20.00 or 20%*
30.00 or 20%*
10.00
25.00 or 20%*
40.00 or 20%*
Mail (employee portion):
Generic
Preferred (Formulary)
Non-Formulary + Others
20.00
40.00 or 20%*
60.00 or 20%*
20.00
50.00 or 20%*
80.00 or 20%*
· Whichever is the greater amount